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2 May 2016, 8:54 pm by Rebecca Tushnet
  Court decided as a matter of law there was no red flag knowledge, turning statute into pure notice and takedown which was specifically rejected. [read post]
2 May 2016, 2:50 pm by Rebecca Tushnet
   Artstor couldn’t have created this w/o DMCA safe harbor. [read post]
2 May 2016, 11:44 am by Olivier Moréteau
 Note that fees don’t cover travel, accommodation, or the conference dinner (€50).Contact: Prof. [read post]
2 May 2016, 6:03 am by Eugene Volokh
The court didn’t decide the First Amendment question, because it found that Scott was right as a matter of Florida law. [read post]
1 May 2016, 11:54 am by Rebecca Tushnet
It’s not the writtenness, but the fact of ratification, that matters. [read post]
1 May 2016, 11:07 am by Rebecca Tushnet
  IRUs couldn’t do their job w/o social media—the platforms then have a lot of leverage in terms of denying gov’t access to ToS. [read post]
1 May 2016, 7:32 am by Rebecca Tushnet
  There is also a real, unexamined problem w/r/t focusing so much on gov’t purpose when deciding when a law is constitutional, a problem recognized in other areas of const’l law. [read post]
30 Apr 2016, 3:28 pm by Rebecca Tushnet
   Consumer protection: doesn’t divest gov’t of regulatory power, but burden of proof rests w/gov’t. [read post]
30 Apr 2016, 2:00 pm by Rebecca Tushnet
  State action problem: Gov’t’s thumb on the side of a matter of public concern. [read post]
30 Apr 2016, 9:27 am by Rebecca Tushnet
 If you browbeat someone into agreeing w/your position you haven’t achieved mutual understanding. [read post]
29 Apr 2016, 8:56 am
  Don’t get Bexis started on the presumption against preemption. [read post]
28 Apr 2016, 11:29 am by David Fraser
The Torstar case was abundantly  clear that writing on matters of public interest is not reserved to the mass media. [read post]
27 Apr 2016, 3:05 pm by Dennis Crouch
”  Although I don’t know exactly, there may be aspects of Title 18 (such as general definitions) that will shape the interpretation of federal trade secret law. [read post]
27 Apr 2016, 11:59 am by Mark Walsh
Roberts says he thought the size of the “quid” in “quid pro quo” didn’t matter. [read post]
27 Apr 2016, 5:01 am by James Edward Maule
It isn’t unusual for a taxpayer to report less income on a federal income tax return than is shown on an information return such as a Form W-2 or Form 1099 if the taxpayer thinks that the amount on the information return is too high. [read post]