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21 Apr 2010, 12:08 pm
Supp.2d 939, 946-47). [read post]
27 Jan 2012, 9:45 am
They even lost their domain name in an auction--a delicious irony given that Righthaven's complaints improperly demanded its defendants' domain names on the theory that it might need the domain name to satisfy a judgment against the defendant, when in fact it was Righthaven's domain name that was used to help satisfy a judgment against it! [read post]
21 Jan 2011, 11:20 am
Keen wants to defend a professional creative class. [read post]
1 Feb 2012, 8:41 am
He suggested that the reason why the draftsman did not simply use the words “confidential information” was that, in 1981, the law of confidential information was only rarely applied to personal confidences [47]. [read post]
19 Sep 2010, 5:41 pm
But Mike (Crime and Federalism) reminds us that there’s a good reason that the FBI doesn’t record interviews: “Perfectly lawful and acceptable interviewing techniques do not always come across in recorded fashion to lay persons as proper means of obtaining information from defendants. [read post]
26 May 2009, 5:34 pm
In their briefing before this court, various defendants have advanced different contentions in support of the current statutes, and we discuss each of these arguments. 109: We disagree with the Attorney General and the Governor to the extent they suggest  [read post]
31 Jan 2015, 4:23 pm
Superior Court, 47 Cal. 4th 725 (California Supreme Court 2009). [read post]
8 Jul 2014, 9:23 am
The Court reviewed in some detail the technical working of the Internet and the defendant’s service. [read post]
14 Mar 2022, 1:29 pm
" Andrugtsang at 47. [read post]
26 Aug 2011, 8:44 am
" That ambivalence seemed to carry through Wisconsin's historic summer of recalls, which ended on August 16th when a pair of Democratic state senators easily defended their seats from a Republican recall effort. [read post]
4 Jan 2022, 7:17 am
By Gerald L. [read post]
30 Jan 2015, 8:47 am
” While that may still be the case, 2014 was generally a good year for fair use defendants. [read post]
18 Oct 2022, 3:28 am
This week the Communist Chinese Party is holding a congress at the Great Hall of the People in Tiananmen Square, Beijing. [read post]
9 Jan 2010, 11:03 pm
United States, 249 U.S. 47, 52 (1919). [read post]
11 Dec 2009, 7:12 am
In that case, the defendant criticized someone else in her social network on a blog, calling the plaintiff (among other unflattering things) a "skank. [read post]
18 Aug 2022, 12:26 pm
Post at 47 n.5 ("I disagree with both approaches because both start not with the Fifth Amendment but with inapplicable Fourteenth Amendment case law. [read post]
29 May 2008, 10:00 am
We're impressed with the job Wyeth's brief does defending the preemption principle in a critical case. [read post]
12 Dec 2021, 1:09 pm
”[15] Under this test, the Missouri Supreme Court found that the defendants did not have the First Amendment right to use the name of a famous hockey player as the name of a villain in a comic book because such use was “predominantly a ploy to sell comic books,” and “not a parody or other expressive comment or a fictionalized account. [read post]
28 Mar 2022, 9:54 am
” The brief contains 47 references to Section 230 (neat numerology), even though the district court opinion didn’t rely on Section 230 at all. [read post]
31 Jul 2019, 7:46 am
[Like in the Emoluments Clauses cases, plaintiff’s mere allegation that the government is acting ultra vires is not enough to establish an equitable cause of action ] [This post is co-authored with Seth Barrett Tillman, Lecturer, Maynooth University Department of Law. [read post]
