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15 Apr 2024, 6:00 pm by Josh Blackman
  But either way, the lawyers are engaging in the exact same strategic decision in choosing a forum. [read post]
5 Apr 2024, 6:00 am by Michelle
American Express Co., Discover Financial Services, and Visa Inc. soon followed. . . . [read post]
29 Mar 2024, 8:58 am by David Post
American Booksellers Ass'n, Inc., 484 U.S. 383 (1988) The Humanitarian Law Project had standing to challenge a federal law that criminalized "knowingly provid[ing] material support to a foreign terrorist organization" because it had provided funds to groups designated as terrorist organizations prior to the law's enactment, and it stated its intention to keep doing so. [read post]
27 Mar 2024, 5:53 am by Norman L. Eisen
As part of an alleged “catch and kill” scheme orchestrated by Trump with his fixer Michael Cohen, American Media, Inc. [read post]
25 Mar 2024, 8:51 am by Jeffrey Neuburger
Affirmative Express Consent is defined in substantially the same way in both Orders and requires consent following “Clear and Conspicuous disclosure. [read post]
22 Mar 2024, 4:00 am by Guest Blogger
While this should ensure that the interests of those at the top of the pyramid are well looked after (in much the same way that the commercial list offers special treatment to those deemed by our court system to be ‘more entitled to timely justice’), time will tell whether the working group can effectively overhaul Ontario’s byzantine rules in a way that allows our system to deliver justice to more who seek it. [read post]
20 Mar 2024, 8:24 pm by Chuck Cosson
  Professor Andre Guadamuz of the University of Sussex, quoted in The Economist in support of the “fair use” arguments, nonetheless also believes ultimately a licensing regime will arise, and that AI developers will have to pay creators in return for the use of their work in AI model development.[12] Professor Guadamuz elaborates on the reasons for this in a recent paper,[13] which emphasizes the fact-specific nature of both the data collection, the model training, and the… [read post]
18 Mar 2024, 5:23 pm by Karina Lytvynska
Through these cases, this article dissects how bankruptcy law acts both as a lifeline for those facing severe financial difficulties and as a way to redistribute assets while ensuring creditors are treated fairly. [read post]
Shearson/American Express, Inc.) that, when its own past rulings seem to be out of step with the Court’s current direction, lower federal courts should continue to adhere to past Court decisions when they are clearly on point, and leave the (expected) overruling of such cases to the Court itself. [read post]
27 Feb 2024, 10:30 am by Eugene Volokh
My UCLA School of Law students Aaron Boudaie, Eimile Nolan, and Simon Ruhland and I had filed an amicus brief, on behalf of the Foundation for Individual Rights and Expression (FIRE), PEN American Center, Inc. [read post]
23 Feb 2024, 8:00 am by Sasha Volokh
Here's the abstract: In the wake of Students for Fair Admissions, Inc. v. [read post]
13 Feb 2024, 11:53 am by Phil Dixon
This post summarizes a published criminal law case released by the Fourth Circuit Court of Appeals during January 2024. [read post]
12 Feb 2024, 6:07 am by Kevin LaCroix
  Most thoughtful Americans, and even members of Congress, believe drug prices and health plan services are too high. [read post]
2 Feb 2024, 1:39 pm by Matthew Ackerman
* The following blog is an adaptation of the presentation Alan Ackerman and Matthew Ackerman gave on “The Fundamentals of Easement Valuation” at the American Law Institute’s Eminent Domain & Land Valuation Litigation Seminar in New Orleans on February 1, 2024. [read post]
30 Jan 2024, 9:02 pm by renholding
  One thing I love about this country is that Americans can and often do criticize their government. [read post]