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14 Aug 2021, 6:31 am by Russell Knight
The United States Supreme Court has opined: “In our adversary system, in both civil and criminal cases, in the first instance and on appeal, we follow the principle of party presentation. [read post]
13 Aug 2021, 2:23 pm by Mitchell Jagodinski
United States 21-171Issue: Whether 18 U.S.C. [read post]
13 Aug 2021, 11:31 am by Scott Bomboy
However, the President or Congress can exercise considerable powers at ports of entry to the United States. [read post]
13 Aug 2021, 4:00 am by Jim Sedor
End Citizens United had alleged Scott and the New Republican PAC, a group he formerly chaired, violated election laws prohibiting coordination between candidates and outside groups. [read post]
13 Aug 2021, 2:36 am by Florian Mueller
Again, I wasn't initially sold, but I watched the further developments with an open mind and less than a year later I think--in light of the recent announcement by three United States Senators--that the CAF may go down in history as one of the most impactful and important policy efforts in the history of the tech industry.The tide has turned. [read post]
12 Aug 2021, 3:15 pm by Eugene Volokh
Oregon Dep't of Agric. (2008) (stating that the government "could not generally prohibit or punish, in its capacity as sovereign, speech on the ground that it does not touch upon matters of public concern"); Connick v. [read post]
12 Aug 2021, 7:14 am by Venkat Balasubramani
Accepting as true Nicklen’s allegations that he licensed the Video to “almost two dozen entities both in the United States and throughout the world,” this factor weighs against fair use. __ Use of content posted to social media has generated many posts on this blog, starting with AFP v. [read post]
Case date: 19 May 2021 Case number: No. 20-30233 Court: United States Court of Appeals, Fifth Circuit A full summary of this case has been published on Kluwer IP Law. [read post]
Case date: 19 May 2021 Case number: No. 20-30233 Court: United States Court of Appeals, Fifth Circuit A full summary of this case has been published on Kluwer IP Law. [read post]
12 Aug 2021, 6:30 am by Guest Blogger
United States, Brandeis upheld ex parte naturalization proceedings). [read post]
12 Aug 2021, 4:57 am by Florian Mueller
Yesterday's announcement of the Open App Markets Act proposal by a bipartisan group of United States Senators marks a tipping point. [read post]
11 Aug 2021, 12:52 pm by Alvaro Marañon, Benjamin Wittes
  These ongoing discussions have inspired numerous policy suggestions at the federal level, but the first legislative move occurred when North Carolina’s House of Representatives passed a bill banning state and local agencies from making ransomware payments. [read post]
11 Aug 2021, 9:52 am by Jon L. Gelman
Additionally, Monsanto admitted that it never conducted any long-term carcinogenicity studies on any of the formulations that it’s sold in the United States.Holding:The Court held that the Federal Insecticide, Fungicide, and Rodenticide Act (FIRRA) 7 U.S.C. ch. 6 §136 et al. does not preempt state law. [read post]
11 Aug 2021, 6:30 am by Guest Blogger
  The diverging approaches of the majority and the dissenters in United States v. [read post]
The Court held that § 1782(a) does not “direct United States courts to engage in comparative analysis” of foreign and domestic discovery rules. [read post]