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21 Mar 2024, 5:52 am by Eugene Volokh
But our legal system has chosen to adopt a strong norm of public access to court records, including to the names of the parties, so that the public and the press can better supervise how the legal system operates. [read post]
20 Mar 2024, 9:01 pm by Michael C. Dorf
First, reflecting the divisions of the political system and the broader society, the judges and Justices find themselves further and further apart from one another—so much so that they may see matters in entirely opposite ways. [read post]
20 Mar 2024, 8:24 pm by Chuck Cosson
  First, for the moment, no copyright claim has persuaded a court that licensing is required to avoid infringing the rights of copyright holders in scanned/scraped works used to train AI models.[3]  And no US court has yet ruled against the argument that such use of content to train AI models is protected by fair use principles, which permit use of a protected work to create transformative new works.[4]  Second, as a practical matter, the economic forces propelling… [read post]
20 Mar 2024, 3:00 pm by Doug Cornelius
§ 202.5(e) Jan. 30, 2024 SEC Rule 202.5 Wells Report NCLA Petition to Amend In the Matter of Christopher Novinger [read post]
20 Mar 2024, 5:55 am by Victor Kattan
The claim that Israel is imposing a racially discriminatory regime on Palestinians is significant, coming thirty years after the end of apartheid in South Africa, and 53 years since the ICJ last addressed the matter in Legal Consequences for States of the Continued Presence of South Africa in Namibia (South West Africa). [read post]
20 Mar 2024, 3:30 am by David Lynn
After considering these comments, the Commission noted in the adopting release: While we acknowledge commenters who suggested that foreign private issuers be permitted to substitute compliance with the final rules through disclosures made in response to requirements of other jurisdictions, we are not adopting substituted compliance at this time. [read post]
19 Mar 2024, 9:01 pm by renholding
It is based on the firm’s memorandum, “Litigation and Investigation Implications for Companies Adopting GenAI,” dated March 4, 2024, and available here. [read post]
19 Mar 2024, 6:08 pm
Historical context is also of critical importance for identifying what values or goals or frameworks were considered and rejected, as a basis for better understanding what was adopted and developed. [read post]
19 Mar 2024, 9:48 am by Amy Howe
The Biden administration filed a brief that adopts a middle ground. [read post]
19 Mar 2024, 6:28 am by Dan Bressler
While the tribunal dismissed the case Monday, finding no breach of the industry watchdog’s principles, it did find proof of shortcomings regarding money-laundering rules. [read post]
19 Mar 2024, 4:00 am by Michael C. Dorf
I mean, I think that's the fail-safe if you're concerned with the breadth of our arguments, that's one fail-safe which is no matter how broad the standard the Court adopts there is always going to be strict scrutiny at the end of the line to save the government in times where it desperately needs to do the things you're outlining.Justice Jackson said "thank you," and then Mr. [read post]
18 Mar 2024, 7:44 am by Adam Ziegler
The effect has been to stifle innovation and competition in the field of legal information and, I would argue, to impede justice and the rule of law. [read post]
18 Mar 2024, 6:00 am by Sherica Celine
Iowa, Tennessee, Indiana, Texas, Oregon, Delaware, and Montana have joined early adopters of comprehensive privacy laws (California, Virginia, Colorado, Utah, and Connecticut) as of 2023. [read post]
18 Mar 2024, 6:00 am by Sherica Celine
The rule was entitled “Independent Contractor Status Under the Fair Labor Standards Act” (commonly designated as 2021 IC Rule). 12 It marked a significant departure in emphasis from the economic reality test which the courts and the DOL previously adopted. [read post]
17 Mar 2024, 10:34 am by Dennis Crouch
In addition to adopting a policy and providing guidance about case assignment, it seems plausible that the Judicial Conference could amend the Federal Rules of Civil Procedure to require some degree of randomization. [read post]
17 Mar 2024, 6:00 am by Lawrence Solum
IntroductionNormative legal theory is concerned with the ends and justifications for the law as a whole and for particular legal rules. [read post]
16 Mar 2024, 6:35 pm by Josh Blackman
If this policy were adopted in the Northern District of Texas, the Southern District of Texas, and the Western District of Texas, the dynamics would be scrambled–at least in the short term. [read post]