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2 May 2014, 12:28 pm by John Elwood
§ 2254(d)(2) merely because the state court does not conduct an evidentiary hearing. [read post]
2 May 2014, 7:25 am by James Beyer
§ 1030(a)(4) requires the plaintiff to prove the following elements: “(1) defendant has accessed a protected computer; (2) has done so without authorization or by exceeding such authorization as was granted; (3) has done so ‘knowingly’ and with ‘intent to defraud’; and (4) as a result has ‘further[ed] the intended fraud and obtain[ed] anything of value. [read post]
1 May 2014, 1:01 pm
Cases like this make me enthusiastic about Glenn Reynolds’s and John Steakley’s argument for “A Due Process Right to Record the Police”, though I think there’s a First Amendment right to do so, too. [read post]
30 Apr 2014, 8:41 pm
Category: Claim Construction    By: John Kirkpatrick, Contributor TitleUnited Video Properties, Inc. v. [read post]
29 Apr 2014, 9:01 pm by Sherry F. Colb
Absent some other objectively reasonable basis for pulling over John Doe, however, the police officer in this situation may not stop Mr. [read post]
27 Apr 2014, 1:14 pm by admin
In addition, the raw data should be deleted after a reasonable period of time. 3. [read post]
24 Apr 2014, 1:07 pm by Craig Whitney
  That public performance right, codified in the 1976 Copyright Act, includes (1) any performance at a place open to the public or any gathering with a substantial number of people outside the “normal circle of family and social acquaintances,” and (2) the transmission of a performance to the public whether or not those members of the public receive it in the same location and at the same time. [read post]
24 Apr 2014, 6:19 am
Unum’s Vice President and Managing Counsel, John LoBosco, responded “While the prior policy the employer had with Unum permitted benefits to end if the claimant was able to work part-time and was not, the 2007 policy does not contain that provision. [read post]
22 Apr 2014, 10:11 am by Robert Percival
 These included: (1) the difficulty of proving causation, (2) statutes of limitations that may operate to bar suits before damage is discovered, and (3) the difficulty of apportioning damages among multiple tortfeasors. [read post]
21 Apr 2014, 6:54 pm
This conference brings together prominent scholars of constitutional law in the U.S. and China for the purpose of (1) bridging the research gap in Chinese constitutionalism, (2) exploring the ethical implications concerning the development and application of constitutional principles in China, (3) strengthening the comparative dimension of the study of constitutionalism with emphasis on U.S. and Chinese constitutional developments, and (4) bring a more prominent… [read post]
21 Apr 2014, 10:30 am by Jack Goldsmith
Put differently, the three alternatives are (1) to stand down risks already in the system, (2) to drive the mean time between failures to infinity, or (3) to drive the mean time to repair failures to zero. [read post]
17 Apr 2014, 4:53 am
 This Kat wonders whether all this may mean that the "bio" section of one's Twitter account is bound to become an actual "legal disclaimer" section about (1) Who you are NOT; (2) What you do NOT do; (3) Who/What you do NOT endorse. [read post]