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11 Dec 2023, 11:44 am by Dennis Crouch
As we explained in our initial Comments, U.S. courts have addressed the legality of non-expressive uses of copyrighted works in the context of other copy-reliant technologies, including software reverse engineering,[2] plagiarism detection software,[3] and the digitization of millions of library books to enable meta-analysis, text data mining, and search engine indexing.[4] Authors Guild, Inc. v. [read post]
28 Nov 2023, 8:58 am by Jonathan H. Adler
Tomorrow the Supreme Court hears oral argument in Securities Exchange Commission v. [read post]
27 Oct 2023, 6:02 am by Bill Marler
 E. coli O157:H7 is one of thousands of serotypes Escherichia coli.[1] The combination of letters and numbers in the name of the E. coli O157:H7 refers to the specific antigens (proteins which provoke an antibody response) found on the body and tail or flagellum[2]respectively and distinguish it from other types of E. coli.[3] Most serotypes of E. coli are harmless and live as normal flora in the intestines of healthy humans and… [read post]
28 Sep 2023, 6:30 am by Guest Blogger
It is theoretically possible that the SCOTUS could draw nourishment from Ottawa to fatten up Chevron step two, in the same way that Justice Kagan rescued Auer deference from the hangman’s noose by giving it a highly contextual and reasoned structure in Kisor v Wilkie (see also the discussion of Chevron’s footnote 11 in the amicus brief of Professors Barnett and Walker). [read post]
28 Sep 2023, 4:00 am by Anil Kalhan
After the Supreme Court granted certiorari in 2016, it divided 4-4, thereby establishing no precedent but leaving the Fifth Circuit’s decision in place. [read post]
24 Sep 2023, 9:01 pm by renholding
  As we discuss further in Section IV, SB 264 is also the subject of  a constitutional and statutory challenge in the federal courts in the case of Shen v. [read post]
While missing the July 14 deadline would normally have delayed consideration of AB 1228 for a full year, proponents of AB 1228 hope the Senate Rules Committee will grant a waiver to hold a special hearing in August or September. [read post]