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27 May 2020, 6:31 am by David Kris
The executive branch believes that the Computer Fraud and Abuse Act (CFAA) does not apply to otherwise-authorized, military cyber activity, and the Supreme Court’s forthcoming decision on the CFAA in Van Buren v. [read post]
23 May 2021, 8:37 am
  While much attention had been paid to the decoupling between the United States and China, as each consolidated their own self-conceptions of empire and began to stake out (abstract and physical) territories, substantially little attention has been paid to a similar process that is developing between China and the European Union. [read post]
9 May 2013, 2:54 pm by Florian Mueller
The abject failure of Google's strategy to leverage Motorola's standard-essential patents (SEPs) in order to address Android's proven patent infringement issues is clearer than ever after an already-famous rate-setting decision by a U.S. court last month and a preliminary antitrust ruling by the European Commission earlier this week. [read post]
10 Mar 2021, 8:51 am by Peter Margulies, Ira Rubinstein
The July 2020 decision of the Court of Justice of the European Union (CJEU) in Data Protection Commissioner v. [read post]
26 Oct 2017, 7:38 am by Andrew Koppelman
  The new school of political economy that he created at the University of Virginia was “meant to train a new generation of thinkers to push back against Brown [v. [read post]
27 Jun 2019, 7:56 am by Russell Spivak, Benjamin Wittes
Code, entitled “Assistance to foreign and international tribunals and to litigants before such tribunals,” is, in Justice Ruth Bader Ginsburg’s words in Intel v. [read post]
17 Feb 2014, 7:26 am by Rebecca Tushnet
My paper versus the other topics: One of these things is not like the others. [read post]
19 Jul 2024, 6:30 am by Guest Blogger
Consider that in 1924, the year Forster published A Passage to India, with its depiction of how British colonial rule in India distorted human relationships, the Commonwealth of Virginia enacted its Racial Integrity Act (a “modern” version of its centuries old antimiscegenation law), struck down four decades later in Loving v. [read post]
8 Sep 2020, 3:44 pm by David Kopel
On Aug. 14, a 2-1 panel of the Ninth Circuit ruled California's confiscation unconstitutional, in Duncan v. [read post]
26 May 2023, 6:15 am by Edgar Chen
While potentially deterring single party regimes such as China and North Korea from investing in Florida, SB 264’s terms would also place restrictions on Venezuelan opposition leader Juan Guiado (who was recently spotted in Miami) and Russian dissident Alexei Navalny. [read post]
12 Jan 2021, 2:19 pm by Kevin LaCroix
”[6]  The trial bar’s reliance on the tort liability system to attempt to solve societal issues may not deter corporate fraud sufficiently to curb the frequency of securities class action litigation in the immediate term – but, it does burden corporations with even more costly litigation. [read post]
1 Dec 2011, 4:30 pm by Benjamin Wittes
Alas, Brigadier General Mark Martins, now the chief prosecutor of the military commissions, can’t blog for Lawfare any more, as he did when he was in the field in Afghanistan. [read post]
14 Jan 2007, 11:01 pm
"Cully" Stimson, the Bush Administration's deputy assistant of defense for detainee affairs, suggested there should be a boycott of the law firms that are providing the pro bono attorneys who are fighting for the basic legal rights of the detainees.Eugene Volokh at The Volokh Conspiracy has a very thoughtful post that includes this:It strikes me as especially wrong for the government to try to drum up financial pressure that would deter lawyers from playing this role. [read post]
29 Apr 2022, 8:50 am by Tess Bridgeman
Most notably, the conflict has expanded to include U.S. hostilities against Iranian-backed militia groups supporting Syrian President Bashar al-Assad’s embattled regime, without explicit congressional authorization or any clear military objective beyond deterring future attacks. [read post]
7 May 2010, 3:41 pm by Stephen Page
Earlier this week, I delivered a paper for Australia's CEO Challenge as part of Queensland's Domestic and Family Violence Prevention Month. [read post]