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2 Jul 2008, 9:31 am
But what precisely is the freedom of speech? [read post]
1 Jul 2008, 9:33 pm
Defendants assert that an intermediate level of judicial scrutiny is proper here, given the "zoning-like" aims of the statute. * * * It is clear to us that HEA 1042 is precisely the sort of content-based restriction necessitating examination through the lens of strict scrutiny. [read post]
26 Jun 2008, 6:31 pm
To survive pre-emption, the state-law requirement need not be phrased in the identical language as its corresponding [federal] requirement; indeed, it would be surprising if a common-law requirement used the same phraseology as [the federal standard]. [read post]
25 Jun 2008, 11:41 pm
The US Supreme Court today released a very significant decision on maritime punitive damages in the Exxon Valdez case, Baker v. [read post]
25 Jun 2008, 4:14 pm
As I will explain, dicta in this Court's decision in Coker v. [read post]
16 Jun 2008, 6:25 am
Gunter, 462 F.3d 237 (3d Cir. 2006), which set forth the following three-step process that district courts must use for sentencing: (1) Courts must continue to calculate a defendant's Guidelines sentence precisely as they would have before United States v. [read post]
13 Jun 2008, 4:21 pm
None precisely similar is cited in the briefs of counsel. [read post]
6 Jun 2008, 6:49 am
You can separately subscribe to the IP Thinktank Global week in Review at the Subscribe page: [duncanbucknell.com]   Highlights this week included: YouTube – Prince demands removal of song from YouTube, Radiohead demand it is put back online: (Techdirt), (Electronic Frontier Foundation), (The Trademark Blog), Japan planning fair use provision: (Michael Geist), (Techdirt), (IP Justice), (Patry Copyright Blog), Judge rejects Yoko Ono’s request for preliminary… [read post]
31 May 2008, 1:00 am
Louis Vuitton Malletier v. [read post]