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8 Sep 2016, 2:51 am
The Court specifies that its earlier case-law concerned only the posting of hyperlinks to works that have been made freely available on another website with the consent of the rightholder, and that it cannot, therefore, be inferred from that case-law that the posting of such hyperlinks would be excluded, as a matter of principle, from the concept of ‘communication to the public’ when the works at issue have been published on the other website without the rightholder’s… [read post]
20 Mar 2020, 6:00 am by Mark Graber
For the Symposium on Helen Norton, The Government's Speech and the Constitution (Cambridge University Press, 2019).The Virginia and Kentucky Resolutions are the best known instances of government speech in antebellum America. [read post]
23 Mar 2021, 8:42 am by Ed Yohnka
  One ongoing case that highlights both the absurdity of qualified immunity and the extent to which officials may go under its protection is Black Lives Matter D.C. v. [read post]
10 Apr 2020, 11:54 am by David Cole
We have also raised concerns about the disproportionate impact that COVID-19 has had on Black and brown communities — and the consequent need for governments to respond. [read post]
15 Nov 2016, 5:18 am
Instead, you focus exclusively on the substantive legal matters in your portfolio (the stuff you went to law school for). [read post]
22 Jan 2016, 7:12 am by Lawfare Staff
” In its initial statement after the election, China’s Taiwan Affairs Office warned against “hallucination” of independence: “Our will is as strong as a rock, our attitude unswerving on the principal matter of safeguarding national sovereignty and territorial integrity. [read post]
13 May 2019, 9:10 am by Scott R. Anderson
Qualifying relationships may well exist, especially as they could include any degree of cooperation and coordination on benign matters unrelated to terrorism, such as education programs and information exchanges, if the Trump administration were willing to interpret and apply relevant legal definitions aggressively. [read post]
14 Mar 2024, 1:48 pm
Sure, the California Supreme Court said X in Hatch, and this case is very much like X, and as a general matter, lower state courts are bound to follow superior state tribunals.But not when there's an intervening decision of an even higher court; in this case, the United States Supreme Court. [read post]
21 Mar 2013, 12:43 pm by WIMS
Questions of Seminole Rock and Auer deference arise as a matter of course on a regular basis. [read post]
30 Nov 2018, 12:01 pm by Robert D. Williams
It’s far from a simple matter of adding “killer robots” to the export control list. [read post]
27 Dec 2012, 12:31 am
 Thomas Williams' account is a valiant and fascinating one, but the subject matter is grim! [read post]
25 Oct 2015, 9:36 pm by Quinta Jurecic
Colonel Gary Brown, Catherine Lotrionte, and David Simon will also speak. [read post]
14 Sep 2014, 11:24 pm by Jeff Gamso
 And he has acknowledged that, at least as a theoretical matter it's at least a possibility if we have a death penalty, which he thinks we should have. [read post]
19 Apr 2013, 5:00 am by Bexis
Feb. 17, 2012) (applying Twombly “plausible on its face” standard in context of fraudulent joinder; denying remand); Brown v. [read post]
11 Feb 2016, 7:34 am by WOLFGANG DEMINO
HOLLAND, Appellee On Appeal from the 11th District Court Harris County, Texas Trial Court Case No. 2012-41959 Panel consists of Chief Justice Radack and Justices Massengale and Brown. [read post]
16 Sep 2015, 10:41 pm by Jeff Gamso
 She had a strategic plan, modeled on how Thurgood Marshall went after racial discrimination leading to Brown v. [read post]