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18 Oct 2023, 1:52 pm by Sasha Volokh
But the government can always pursue its goal—providing services to victims of sex crimes, or similar—by providing the same amount of money from general revenues. [read post]
19 Sep 2023, 7:42 am by Eric Goldman
Further picking apart the definition of “social media platform,” the court says it’s vague to refer to the service’s “substantial function” but also include key exceptions, making services uncertain whether they fit into the exceptions or not. [read post]
24 Aug 2023, 12:12 pm by Eugene Volokh
The court concluded, however, that plaintiff's allegations, even if factually correct, wouldn't be legally actionable. [read post]
23 Aug 2023, 11:17 am by Florian Mueller
And even though I believe the CMA's errors in this case could have been corrected even under the UK's exacting Judicial Review standard, that one should change. [read post]
8 Jul 2023, 4:33 pm by Barry Barnett
 On the difficulty-of-winning side, several factors—the Bork movement’s disdain for populist underpinnings of antitrust law, its Pollyannaish idea that conspiracies and monopoly power bring about their own destruction, its worry about false positives and dread that enforcement might cause collateral harm, its near-insistence on compelling proof of price effects, and its faith in market self-correction—soon enough combined with conservative vetting of prospects for the… [read post]
2 Jul 2023, 8:52 am by Haley Proctor
An interesting counterpoint to the retroactivity analysis in Weld County is Judge Katsas’s opinion in ITServe Alliance, Inc. v. [read post]
30 Jun 2023, 5:46 am
TTABlog Test: Are Wine and Restaurant Services Related for Section 2(d) Purposes? [read post]
23 Jun 2023, 8:42 am by Hannah R. Albion
While this case provides new clarity around both statutory fair use and judicial exceptions to trademark infringement, some factual specifics are worth noting. [read post]
  Interestingly, Halstead Bead Inc., a small out-of-state retailer that challenged Louisiana’s decentralized local sales and use tax administration in federal court[5], informed the U.S. [read post]