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20 Jan 2011, 5:06 pm by Lyle Denniston
Commentary To critics of the “state secrets” doctrine, the problem always has been that the government would use it to gain an unfair advantage in court, perhaps shielding itself from legal woe or at least from being called to account for its conduct. [read post]
19 Jan 2011, 9:47 am by Lyle Denniston
To be sure, the hearing on Federal Communications Commission v. [read post]
19 Jan 2011, 7:03 am by Conor McEvily
Yesterday’s oral argument in The Boeing Company v. [read post]
18 Jan 2011, 8:02 pm by Lyle Denniston
Background The controversy that the Supreme Court stirred up almost exactly one year ago with its ruling in Citizens United v. [read post]
18 Jan 2011, 10:28 am by Robert Chesney
This repeats an oft-asserted but inaccurate claim to the effect that the use of the SSP to dismiss suits at the threshold (as opposed to using it solely to shield certain information from discovery or use at trial) is an innovation from the Bush years.  [read post]
17 Jan 2011, 3:16 pm
Although the issue does not directly impact congressional investigations, how courts interpret the Speech or Debate Clause could affect them as follows: The Supreme Court ruled in Eastland v. [read post]
14 Jan 2011, 3:35 am by Kelly
Kevin Starr (ArsTechnica) US Copyright – Lawsuits and strategic steps Liberty Media Holdings – Biggest ever BitTorrent piracy settlement is intriguing (TorrentFreak) Pink Visual – Porn company rejects mass lawsuits, goes after torrent sites (TorrentFreak) Sony – Sony sues over Playstation 3 security hack (IP Osgoode) US Copyright Group – Forget Hurt Locker; P2P lawyers lower sights to Massive Asses 5 (ArsTechnica) Viacom – The Viacom appeal:… [read post]
13 Jan 2011, 1:17 am by Fathima Cader
First, the court held that, as per Syndicat Northcrest v. [read post]
11 Jan 2011, 1:06 pm by Behr, McCarter & Potter, P.C.
“[T]he Due Process Clause may not readily be wielded as a territorial shield to avoid interstate obligations that have been voluntarily assumed. [read post]
11 Jan 2011, 12:52 pm by Behr, McCarter & Potter, P.C.
Johns’ use and maintenance of the property, it cannot be inferred or implied that they consented to the construction of the St. [read post]
11 Jan 2011, 3:40 am
Sure enough, on 3 December 2010, Viacom filed its opening brief with the US Court of Appeals for the Second Circuit and requested summary judgment on the issues. [read post]
9 Jan 2011, 9:01 pm
By Mike Dorf In a very interesting opinion last week in Byrd v. [read post]
9 Jan 2011, 5:38 pm by Brian Cuban
  It used to take more than theoretical action and nebulous calls to action. [read post]