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18 Sep 2021, 9:57 am
In 2010, Congress passed the Fair Sentencing Act, which had major implications for defendants charged with possession of cocaine – that is, while it used to be the case that people faced much longer sentences for possessing crack cocaine than for possessing the same amount of powder cocaine, today, the difference in the sentences is much smaller. [read post]
6 Feb 2014, 1:19 pm
The Supreme Court therefore found that home taping qualifies as fair use. [read post]
21 Jul 2014, 6:06 am
On the motion to dismiss, Gymboree only argued fair use. [read post]
2 Jul 2008, 6:53 am
In a notable bench slap yesterday by the US 5th Circuit against the Texas Court of Criminal Appeals, a three judge panel wrote that:"The facts before us are a core manifestation of a case where the state failed to provide a full and fair hearing and where such a hearing would bring out facts which, if proven true, support ... relief,"They could have been talking about the Charles Hood case out of Plano where the CCA recently refused to require the judge and… [read post]
14 Aug 2013, 12:05 pm
Kirby Over the past week, the United States Court of Appeals for the Second Circuit (“Second Circuit”) has issued two decisions in which it affirmatively held that: (i) a plaintiff cannot use the “effective vindication doctrine” to invalidate a class action waiver of claims brought under the Fair Labor Standards Act (“FLSA”); and (ii) the FLSA does not include a “contrary congressional command” that would prohibit the enforcement of… [read post]
24 Apr 2012, 9:00 am
The case fuelled the row over the fairness of the extradition treaty between the UK and the US. [read post]
30 Apr 2009, 4:12 am
The district court found that the contracts authorize a collection fee only when Cingular uses a third party, not when Cingular does the collection work itself. [read post]
23 Apr 2009, 1:48 pm
Past Coverage: Court Affirms Arbitration Panel’s Order to Reinstate In-House Attorney in Employment Discrimination Case (April 17, 2009) US Bill Would Limit Consumer Arbitration (April 8, 2009 ) Arbitration Empirical Studies (March 24, 2009) Federal Legislation on Arbitration (Feb. 24, 2009) Related Posts: Fair Arbitration Coalition, Website & Blog Announced, Consumer Law and Policy Blog, April 21. [read post]
3 Mar 2010, 8:03 pm
How about a little more on the Gaylord fair use decision (mentioned last week here)? [read post]
22 Jan 2024, 11:12 am
Fair use makes it possible for us to comment, criticize, and rework our common culture. [read post]
13 Nov 2013, 3:18 pm
Fair Use and Fair Dealing Although the addition of the “3-step test” for fair use provisions was hailed by the U.S. [read post]
16 May 2008, 2:09 pm
The Maker Faire represents the intersection of science + art + shared knowledge + "using your hands to make stuff". [read post]
16 May 2008, 2:09 pm
The Maker Faire represents the intersection of science + art + shared knowledge + "using your hands to make stuff". [read post]
31 Mar 2008, 3:41 pm
It takes a fair piece to get Judge Dorothy Nelson to write a dissent. [read post]
25 Oct 2024, 2:16 pm
Employers typically set the strike price at the fair market value (FMV) of the stock on the grant date. [read post]
14 Dec 2021, 3:02 pm
The ICO conducted an investigation and reported that Clearview AI failed to comply with UK data protection laws by not processing or collecting data in a fair and lawful manner. [read post]
2 Feb 2021, 6:38 am
US Secretary of State Antony Blinken issued a statement on the policing methods used at Sunday’s protests, saying that “the US condemns the persistent use of harsh tactics against peaceful protesters and journalists by Russian authorities for a second week straight … we renew our call for Russia to release those detained for exercising their human rights, including Alexei Navalny. [read post]
8 Sep 2014, 8:22 am
With the proliferation of wage and hour litigation, especially in Florida which has the highest number of Fair Labor Standards Act (“FLSA”) cases filed annually nationwide, employers have sought for better ways to track employee work time in anticipation of defending against unpaid overtime claims. [read post]
24 Jul 2015, 1:45 pm
Arguably its use of the terms “the beer exchange” is also highly descriptive and could constitute fair use. [read post]
30 Dec 2012, 1:01 am
Deceased Individual’s Debt & the FDCPA According to the rules of the Fair Debt Collection Practices Act (FDCPA), creditors are not allowed to contact third parties, except for a debtor’s spouse, personal representative or attorney, in an effort to collect debts. [read post]
