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11 Jun 2023, 6:09 pm by Dennis Crouch
The Supreme Court has held that “a speech regulation targeted at specific subject matter is content based even if it does not discriminate among viewpoints within that subject matter. [read post]
10 Jun 2023, 11:35 am by Randy E. Barnett
  . dangerously encourages government to think it can use private firms to circumvent the First Amendment—as long as it doesn't turn them into government actors. [read post]
”[4] The Supreme Court unanimously rejected the Seventh Circuit’s interpretation of the FCA, emphasizing that “[w]hat matters for an FCA case is whether the defendant knew the claim was false,” because “[t]he FCA’s scienter element refers to respondents’ knowledge and subjective beliefs—not to what an objectively reasonable person may have known or believed. [read post]
9 Jun 2023, 7:01 am
The goal of this form of 'body positivity' is still to have you find yourself lacking, to get you to want, to get you to buy – and whether the capitalist powers that be are using Kendall Jenner’s body or Lizzo’s confidence to sell you your shapewear doesn’t really matter. [read post]
8 Jun 2023, 4:05 pm by Riana Pfefferkorn
(The LEWP, composed of representatives from EU member states, assists with EU regulatory and policy matters involving crime and customs issues.) [read post]
8 Jun 2023, 10:22 am by Samar Shah
”  This is a purely legal analysis, and a competent patent attorney should be able to tell you whether your idea is patentable subject matter or not.For context, however, the Federal statutes and the US Supreme Court have stated that the following categories are patentable subject matter: processes, machines, manufactured articles, and compositions of matter (and “improvements thereof”)  See 35 U.S.C § 101 providing that… [read post]
7 Jun 2023, 11:07 am by Eugene Volokh
" … "[W]hen determining what is a matter of legitimate public concern, "account must be taken of the customs and conventions of the community. [read post]
6 Jun 2023, 11:23 am by Steve Bainbridge
“[W]here it is claimed that a duty of disclosure violation impaired the stockholders' right to cast an informed vote, that claim is direct. [read post]
6 Jun 2023, 10:24 am by Rebecca Tushnet
” “[W]hen a company in the computer security business describes a competitor’s software as ‘malicious’ and a ‘threat’ to a customer’s computer, that is more a statement of objective fact than a non-actionable opinion. [read post]
6 Jun 2023, 4:30 am by Guest Author
” (Draft A-4, at 3)  This is perhaps stating the obvious—it’s a matter of high school civics that an executive order can’t trump a duly enacted statute. [read post]