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20 Feb 2018, 10:08 am by Eugene Volokh
I'm not sure this would be exactly right in a case where the court actually enforces an arbitral order; I think there would be state action restricting speech, but likely constitutionally permissible state action because the parties had contractually waived their speech rights, see Cohen v. [read post]
29 Dec 2017, 7:34 am by Ben
In the UK in FAPL v BT [2017] Mr Justice Arnold concluded that the High Court has the jurisdiction to make an order against an access provider that would require the ISP to block access not to a website but rather streaming servers giving unauthorised access to copyright content - 'live' blocking. [read post]
1 Dec 2017, 4:35 am by Andrew Lavoott Bluestone
We note that “[w]hen the requirements for service of process have not been met, it is irrelevant that defendant may have actually received the documents” (Raschel v Rish, 69 NY2d 694, 697; see County of Nassau v Letosky, 34 AD3d 414, 415; Long Is. [read post]
17 Nov 2017, 10:29 am by Scott R. Anderson
The most notable example of this practice is the Supreme Court’s own 1942 decision in United States v. [read post]
16 Nov 2017, 4:11 am by Edith Roberts
Briefly: Subscript offers a graphic explainer for Oil States Energy Services v. [read post]
8 Nov 2017, 4:47 am by Marty Lederman
Last Friday, the Solicitor General filed a self-described “Petition for a Writ of Certiorari” in No. 17-654, Hargan v. [read post]
12 Oct 2017, 4:22 pm by INFORRM
A person signing a DMCA notice must state a good faith belief that the use is not authorized, declare her authority to act under penalty of perjury, and risk damages for misrepresentation under section 512(f).[3] That source of protection has not technically disappeared, but its value is largely lost when notices are generated not by a person, but by a machine. [read post]
5 Oct 2017, 3:33 pm by Daphne Keller
A person signing a DMCA notice must state a good faith belief that the use is not authorized, declare her authority to act under penalty of perjury, and risk damages for misrepresentation under section 512(f).[3] That source of protection has not technically disappeared, but its value is largely lost when notices are generated not by a person, but by a machine. [read post]
20 Sep 2017, 9:34 pm by Bernie Burk
  But it beggars plausibility to suggest that two deeply experienced Washington white-collar litigators, representing an embattled President of the United States on issues of the highest imaginable profile, both made the same dumbass blunder regarding intensely sensitive tactical and strategic information in a popular DC restaurant located adjacent to the offices of the New York Times. [read post]