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27 Feb 2014, 10:10 am by Devlin Hartline
” Without fair use or the DMCA to fall back on, the Aereo appeal squarely presents the issue of who is directly causing the transmission when a performance of a work is transmitted from Aereo’s service to the subscriber. [read post]
26 Feb 2014, 2:34 pm by Kent Scheidegger
  A court that is skeptical of the precedent can confine it to the scope of the question squarely presented in it. [read post]
24 Feb 2014, 2:03 pm by Ilya Shapiro
This essay is adapted from his foreword to Eugene Volokh, Sebelius v. [read post]
21 Feb 2014, 7:54 am by John Bursch
  In Hosanna-Tabor Evangelical Lutheran Church and School v. [read post]
20 Feb 2014, 9:06 am by Michael Dorf
 Absent the violation of some external norm, as in a case like United States v. [read post]
17 Feb 2014, 4:36 am by Rebecca Tushnet
  Issues like federalism and state action doctrine do bear on 1A issues. [read post]
15 Feb 2014, 8:28 am by Yishai Schwartz
Turning to detainee news: Wells reported the much awaited DC panel decision in the Guantanamo force-feeding case, Aamer v. [read post]
13 Feb 2014, 8:07 am by Jane Chong
” Similarly, in United States v. [read post]
5 Feb 2014, 6:25 am
Feb. 3, 2014), and he wasn’t the first — see, for instance, this Florida trial court ruling, as well as State v. [read post]