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30 Oct 2012, 4:00 am by Terry Hart
Copyrightability The first defense that might be raised is that such goods are outside of copyrightable subject matter. [read post]
20 Jun 2019, 4:00 am by Xavier Beauchamp-Tremblay
This is, of course, a significant difference with our highest courts’ novel-length work products. [read post]
30 Oct 2012, 4:00 am by Terry Hart
Copyrightability The first defense that might be raised is that such goods are outside of copyrightable subject matter. [read post]
4 Sep 2024, 9:00 am by Jack Goldsmith
[C.3] We fear that this strangely worded passage imposes a novel and super-broad speech-harming duty to preclear. [read post]
10 Nov 2009, 5:31 pm
One objection I can imagine would be that matters of political life on the one hand, and of culture on the other, are not as readily disentangled in our lives and self-conceptions as what I envisage here would require. [read post]
29 Sep 2023, 5:53 am by Eugene Volokh
I thought I'd pass along excerpts from the opinions concurring and dissenting as to the Michigan Supreme Court's pronouns order; recall that the order itself provides: Parties and attorneys may also include Ms., Mr., or Mx. as a preferred form of address and one of the following personal pronouns in the name section of the caption: he/him/his, she/her/hers, or they/them/theirs. [read post]
20 Nov 2013, 2:37 pm by Wells Bennett
Necessity seems to matter here: the opinion notes the judge’s reliance, in reaching her decision, on the government’s representations about certain “current and near-term” threats, and about the “expected analytical value” of metadata that will be collected. [read post]
10 Dec 2010, 5:41 pm by christopher
DISCUSSION Summary judgment is appropriate when “the pleadings, the discovery and disclosure materials on file, and any affidavits show that there is no genuine issue as to any material fact and that the movant is entitled to judgment as a matter of law. [read post]
An extensive dissent in De Vita, authored by Justice Arabian and joined by Justice Baxter, would have held general plan amendments per se to be matters of fundamental statewide importance, exhibiting genuine extra-municipal concerns, and requiring multi-disciplinary planning expertise in their legislation – and that therefore they are matters  beyond the local initiative power. [read post]
An extensive dissent in De Vita, authored by Justice Arabian and joined by Justice Baxter, would have held general plan amendments per se to be matters of fundamental statewide importance, exhibiting genuine extra-municipal concerns, and requiring multi-disciplinary planning expertise in their legislation – and that therefore they are matters  beyond the local initiative power. [read post]
20 Aug 2024, 6:24 am by Daniel J. Gilman
For “nascent competitors,” such as Netscape, the Microsoft court reasoned that plaintiffs could not, as a practical matter, establish the “but for” counterfactual. [read post]
1 Feb 2023, 9:56 am by Eve Gaumond, Benjamin Wittes
  This proceeded on the intuition that the fixes made by OpenAI to address the problem of bigotry had created a novel issue that might itself be vulnerable to exploi [read post]
19 Jul 2010, 1:05 am by INFORRM
That is the first objection – codification can actually make matters worse, and certainly more complex, and more expensive. [read post]
23 May 2024, 9:29 am
If you are writing in a novel or creative format, you'd do better to submit this as an essay (although, remember, you'll still have up to 15,000 words to devote to the project!) [read post]
13 Aug 2020, 4:28 pm by Kenneth Propp, Peter Swire
In the aftermath of the July 16 Schrems II judgment by the Court of Justice of the European Union (CJEU) invalidating a principal legal method for transferring personal data from EU territory to the United States, the future of data flows for transatlantic commerce is dangerously uncertain. [read post]
7 Apr 2019, 7:00 am by Sama’a Al-Hamdani
Religious extremists on both sides of the conflict consider the war over—a matter of life or death for their faiths. [read post]
7 Mar 2016, 1:29 pm
Even if ideology (or pragmatism) sometimes does not seem to matter, it still continues to linger in the background both shaping and guiding thinking. [read post]
4 Sep 2019, 5:00 am by Kyle Langvardt, Alan Z. Rozenshtein
We find it hard to imagine a robust system of speech protections in a Facebook-like setting that would not involve an oversight role for an administrative agency, no matter how queasy that makes even the casual civil libertarian (ourselves included). [read post]
27 Sep 2022, 5:01 am by Jason Healey, Olivia Grinberg
” A Normative Framework to Evaluate Patriotic Hacking Table 1, a novel framework for analyzing how patriotic hacking fits with various normative guidelines, demonstrates how almost every aspect of the operations of the Ukrainian IT Army works against the cyber norms for “responsible state behavior” that like-minded states have been advancing over the past two decades in the U.N. [read post]