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3 Feb 2024, 1:37 pm by Rebecca Tushnet
If it’s fair to have strict liability, why isn’t it fair to have notice and takedown safe harbor? [read post]
3 Feb 2024, 10:59 am by Rebecca Tushnet
A: when court says public interest is against consumer confusion, but that’s consumer interest, not the public as a whole. [read post]
3 Feb 2024, 7:50 am by Rebecca Tushnet
Justin Timberlake’s cornrows shouldn’t be actionable. [read post]
3 Feb 2024, 4:51 am by INFORRM
The Supreme Court found that the council can only deny funding based on the public interest where there is a clear threat of harm and the public interest is high. [read post]
2 Feb 2024, 2:45 pm by Eugene Volokh
The Court cannot enjoin West Point's use of race in admissions without a full understanding, informed by a complete factual predicate, as to what exactly are the compelling interests asserted, to whom those compelling interests belong, and how in this specific case they are or are not narrowly tailored to achieve those interests. [read post]
2 Feb 2024, 1:14 pm by Amy Howe
Although Section 3 lay dormant for much of its history, there was renewed interest in it after the Jan. 6 attacks on the Capitol. [read post]
2 Feb 2024, 12:50 pm by Neil H. Buchanan
  I will not go into the details here (which had to do with Democrats and Medicare), but interested readers can find a short contemporaneous criticism here.Similarly, I have occasionally mentioned a 2013 fact-check regarding a Republican claim that the US tax litigation system has a presumption that the government's position is correct -- that is, that Americans are supposedly treated as guilty until proven innocent, just like in France!! [read post]
2 Feb 2024, 10:07 am by bklemm@foley.com
  With the advent of the IRA and the DOE’s funding of the HyVelocity H2 Hub, it feels like the interest and optimism surrounding hydrogen is sincere and getting traction, and is not just a bunch of . . . hot air. [read post]
2 Feb 2024, 10:00 am by Stephen Rosenberg
I didn’t want the week to end without passing along this story from Massachusetts Lawyers Weekly on the First Circuit’s decision in Lawrence General Hospital v. [read post]
2 Feb 2024, 9:34 am by Tobin Admin
  This was something unique that most lawyers do not do and it kept the jury interested and attentive. [read post]
2 Feb 2024, 7:27 am by Marty Lederman
  Colorado isn't purporting to "enforce" Section 3, and states don't have any power to enforce its disqualification directive with respect to federal officers. [read post]
2 Feb 2024, 6:00 am by Michelle
At the same time, they have an interest in shielding fledgling rivals as they battle powerful legacy behemoths. . . . [read post]