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15 Sep 2013, 9:28 am by Howard Friedman
Gonyea, (2d Cir., Sep. 10, 2013), the 2nd Circuit held that RLUIPA does not provide a cause of action for damages against state officials in their individual capacities because the legislation was enacted pursuant to Congress’ spending power that allows the imposition of conditions, such as individual liability, only on those actually receiving the state funds. [read post]
31 Mar 2010, 3:45 am by James Bickford
Robertson emphasizes that criminal contempt is, as the Court indicated in United States v. [read post]
11 May 2011, 10:58 am
Because neither Congress nor the Executive has corrected the behavior that yields these constitutional violations, the courts must provide the plaintiff with a remedy. [read post]
25 Apr 2019, 2:21 pm
He highlighted how, not only is the DMCA "more broken than ever", but also how the original intention of Congress has been defeated by the actual application of the law by courts (in Perfect 10 v CCBill, Viacom v YouTube, UMG v Shelter, and Capitol v Vimeo): instead of having service providers and copyright owners working together to prevent online piracy, the DMCA has turned into a notice-and-takedown regime where copyright owners have to do… [read post]
6 Sep 2007, 5:14 am
  Further stating that "[if] Congress had intended to extend the Commission's… jurisdiction over 'officers and directors' of an SRO… it could have (and would have) said so explicitly. [read post]
10 Nov 2020, 7:12 am by Jonathan H. Adler
Today the Supreme Court hears oral argument in California v. [read post]