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3 May 2017, 10:47 am
United States Constitution, Fourteenth Amendment (No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.) [read post]
6 Aug 2010, 11:46 am
When [the defendant] traveled over the public streets he voluntarily conveyed to anyone who wanted to look the fact that he was traveling over particular roads in a particular direction, the fact of whatever stops he made, and the fact of his final destination when he exited from public roads onto private property. [read post]
10 Feb 2008, 11:01 pm
I read through every single word of the transcript, and it was painful -- painful because Jim Hood thoroughly beclowned himself. [read post]
25 Oct 2010, 6:21 pm
That said, we have seen American cases where courts have unmasked bloggers and commenters for allegations of intellectual property violations and libel, and I worry that some of these decisions have go [read post]
27 Jan 2016, 10:01 am
Therefore, the appellate court concluded that it was reasonably clear that the condition was meant to encompass “‘similar electronic devices within [minor’s] custody and control that might be stolen property, and not, as [minor] conjectures, to authorize a search of his Kindle to see what books he is reading or require him to turn over his ATM password. [read post]
16 May 2010, 4:17 am
“Who knows whether the borrower will default, what the value of the property is, what will happen to home values,” he said. [read post]
19 Jun 2024, 4:10 am
By Emily Ham Part I: Contextualization of Recent Fakes and Forgeries 25 “Basquiat” Forgeries In the fall of 2012, an auctioneer named Michael Barzman put up paintings that were marketed as authentic Jean-Michel Basquiat works to be sold on eBay. [read post]
9 Dec 2022, 6:55 am
Whenever you hear someone say that “web scraping is legal,” remember this: 1) the hiQ Labs II opinion is a narrow holding about the CFAA, which gets narrower the deeper you dig; 2) hiQ Labs II is only governing law in one jurisdiction in the country, the Ninth Circuit; 3) there are lots of other laws that apply to web scraping, and hiQ Labs II, like its predecessor hiQ Labs I, did nothing to resolve those other legal issues; 4) at least for now, courts allow companies to invent… [read post]
9 Jul 2009, 11:36 am
Hedge funds involved in lending are able to use non-traditional deal structures to secure their collateral while exacting competitive spreads. [read post]
18 Jul 2023, 7:09 am
The first approach, the majority approach, suggests that because contracts create bilateral rights between the parties while copyright is a property right against the world, contracts cannot be equivalent to copyright and are therefore never preempted by section 301(a). [read post]
5 Sep 2023, 12:33 am
Article 14, the prohibition of discrimination, means that the rights in the Convention should be ‘secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status. [read post]
11 Apr 2023, 8:52 am
General CEQA Overview and Standard of Review While these sections of the opinion, comprising four pages, are pretty standard in their recitation of substantive legal content familiar to most CEQA practitioners, the interesting thing about them is that they cite only California Supreme Court cases – six of them to be exact, five of which have been decided since 2017. [read post]
27 Dec 2011, 7:18 am
MSS also claimed that it would modify the products, but such alterations by unauthorized technicians may pose a risk to consumers since improperly performed alterations may cause injury or damage to property. [read post]
20 Dec 2011, 3:51 am
The background The Defendant set up the Solicitors From Hell website in 2005, following a dispute with a firm of solicitors that he had instructed in various property and benefits matters. [read post]
15 Mar 2010, 7:16 am
Currently, the exact details of what the private group would offer the Cubs are not as clear as Arizona’s proposal. [read post]
13 Sep 2022, 9:01 am
In other words, the Federal Government could begin enforcing EO 14042 (via FAR 52.223-99 and agency deviations) in more than half of the United States (35 states to be exact). [read post]
12 Feb 2018, 9:01 pm
The agreement was written, but not formalized in the ways required for important documents like wills or property deeds. [read post]
20 Sep 2022, 9:22 am
[This is a 6k+ word blog post that was joyless to write and most likely will be joyless to read.] [read post]
11 Nov 2014, 7:27 pm
(Pix (c) Larry Catá Backer 2014) Since 2010, I have been posting on the development of a new course I have been developing for our first year law school students, "Elements of Law. [read post]
7 May 2018, 5:00 am
Both offices, established by the Protection of Freedoms Act of 2012, have involved themselves in the dialogue about FRS regulation, but the exact division of responsibility between them is still ambiguous. [read post]
