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23 Jun 2023, 9:58 am by Eugene Volokh
[So the California Court of Appeal has held, concluding that there is enough of a factual dispute (under California's plaintiff-friendly pleading standards) for the case to go forward.] [read post]
13 Feb 2024, 11:53 am by Phil Dixon
He agreed that the prison officials were entitled to qualified immunity on the conditions of confinement claim but would have held that such conditions violate the Eighth Amendment (a question not squarely decided by the majority) in order to clearly establish the right to be free from such conditions in future cases. [read post]
6 Jun 2019, 5:01 am by Eugene Volokh
Allied International, Inc., 456 U.S. 212 (1982), where union members engaged in a purely politically motivated boycott of cargoes shipped from the USSR (engaged in as a protest of the invasion of Afghanistan). [read post]
In determining whether speech is commercial, courts generally consider three factors: (1) whether the communication is an advertisement; (2) whether the communication refers to a specific product or service; (3) and whether the speaker has an economic motivation for the speech. [6] If all three elements are met, then there is a strong likelihood that the speech is commercial. [7] “Native advertisements” – as defined above – fall squarely within the traditional… [read post]
22 Jun 2018, 11:41 am by Welcome
ORDER GRANTING PETITIONER’S PETITION FOR WRIT OF CERTIORARI (COX, J.) [read post]
13 Mar 2022, 9:41 am by Dave Maass
Recognizing the year's worst in government transparency. [read post]
9 Dec 2016, 6:14 am
 See Tor Metrics, The Tor Project, Inc., https://metrics.torproject.org/networksize.html. [read post]
27 May 2015, 11:59 am by Rebecca Tushnet
Copyright Office: Jacqueline CharlesworthMichelle ChoeRegan SmithCy DonnellySteve RuheJohn RileyStacy Cheney (NTIA) Proposed Class 2: Audiovisual works – educational uses – primary and secondary schools (K-12)This proposed class would allow kindergarten through twelfth-grade educators and students to circumvent access controls on lawfully made and acquired motion pictures and other audiovisual works for educational purposes. [read post]
2 May 2020, 1:07 pm by Josh Blackman
I think this question has not been squarely resolved by the Supreme Court. [read post]
8 Jan 2015, 6:00 am by Administrator
Each Thursday we present a significant excerpt, usually from a recently published book or journal article. [read post]
22 May 2007, 2:29 pm
Given the large shadow tax claims cast over small Chapter 11 reorganizations, accounts of small Chapter 11 must focus squarely on them. [read post]
9 Aug 2016, 10:44 am by Chris Castle
 Of course, if the Obama Administration intends to request Senate confirmation of Hesse and William J. [read post]