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11 Jan 2024, 2:58 pm by Guest Author
 Those include market considerations (like market power as well as the centrality of the regulated medium to public discourse); the degree to which the regulated entity makes individualized decisions about what speech to carry instead of operating mainly as a conduit for other peoples’ speech; whether the challenged law compels a response; and whether the law’s requirements are triggered by the content of speech or risk attributing speech to the complaining party. [read post]
28 Dec 2023, 6:49 pm by Chuck Cosson
  An AI model builder could similarly check with one central organization as to whether a given data set has limits on how it can be used, e.g. [read post]
31 Oct 2023, 9:05 pm by renholding
A $4.69 billion verdict awarded in a 2020 case accelerated this trend.[4] The principal Johnson & Johnson subsidiary producing baby powder, Johnson & Johnson Consumer Inc. [read post]
9 Oct 2023, 10:17 am by Eric Goldman
”…It creates, shapes, or develops content “by materially contributing” to the content’s alleged unlawfulness…. [read post]
5 Oct 2023, 2:38 pm by John Elwood
People for the Ethical Treatment of Animals, Inc. and North Carolina Farm Bureau Federation v. [read post]
21 Aug 2023, 7:45 am by Tim Zinnecker
The faculty is composed of productive, well-regarded scholars, many of whom had significant practical experience prior to entering academia, and several of whom hold advanced degrees in law or law-related fields in their disciplines. [read post]
21 Aug 2023, 4:34 am by Peter Mahler
Contrary to her contention, she failed to establish a basis for an equitable tolling based on a breach of fiduciary duty (see Ilan Props., Inc. v Benishai, 205 AD3d 541, 542; cf. [read post]
18 Aug 2023, 10:59 am by Mark D. Rasch
” As a crypto exchange holds cryptocurrency in an account (a wallet) on behalf of a customer or consumer. [read post]
11 Aug 2023, 11:32 am by Eric Goldman
For StubHub, it will have to fight the same battle in two venues (court and arbitration) with the risk of inconsistent judgments, plus the court’s holding indicates that the court cases will proceed without any of StubHub’s TOS protections. [read post]
7 Jul 2023, 1:03 pm by Ryan Goodman
  Check out our new addition below: A curated repository of deposition transcripts from the House Select Committee. [read post]
19 Jun 2023, 8:30 am by Eugene Volokh
This is not the proceeding, however, in which to adjudicate a contention that any particular application of § 922(n) violates the Second Amendment. [read post]
3 Jun 2023, 10:45 am by Eugene Volokh
Paul (1992) holds that, even within an unprotected category of speech, content-based and especially viewpoint-based restrictions are presumptively impermissible. [read post]