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26 Sep 2009, 7:52 am
Smith Issue: Whether the Sixth Circuit erred in concluding that the Michigan Supreme Court failed to apply "clearly established Federal law" under 28 U.S.C. [read post]
25 Sep 2009, 11:12 am by Susan Brenner
Congress adopted the SCA to provide some protection for stored data; as I noted in my earlier post, some say it is outside the 4th Amendment under the Supreme Court’s decision in Smith v. [read post]
24 Sep 2009, 4:47 pm by Brian Shiffrin
Smith, J. concurring]), but this case, in which the Appellate Division did not mention preservation, defendant does not argue the issue, and the Appellate Division's decision on the merits seems clearly correct, is not the right one for further examination of the Hines rule. [read post]
23 Sep 2009, 10:23 pm
Justice Smith held [12]           On the issue of vehicle damage, I note the comments of Madam Justice Ballance in Robbie v. [read post]
23 Sep 2009, 8:57 am
Did the Ninth Circuit err in holding that Smith v. [read post]
22 Sep 2009, 11:32 am
The context of AdWords is very different from that of Viacom v YouTube (for example) of course, but does this point to how we may see an upcoming ECJ reference panning out on liability of web 2.0 sites, like eBay, and in particular, whether they can be compelled by the likes of LVM to proactively filter out content, rather than run, as now, on a post factum notice and take down paradigm? [read post]
18 Sep 2009, 4:59 pm
"   [Merrill Lynch, Pierce, Fenner & Smith, Inc. v. ]Dabit , 547 U.S. [71,] 87 [(2006)]. [read post]
17 Sep 2009, 7:37 am
The Court also granted leave to appeal in Smith v. [read post]