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20 Jul 2015, 9:07 am
First, a quick note on the government's new final rules regarding the religious accommodation (including its extension to some for-profit employers such as Hobby Lobby, Inc.). [read post]
17 Jul 2015, 9:48 am
As I noted in November, I’m consulting on an interesting First Amendment gun case. [read post]
14 Jul 2015, 11:03 pm
I’m going to cover a few of them. [read post]
14 Jul 2015, 11:03 pm
I’m going to cover a few of them. [read post]
11 Jul 2015, 8:01 am
We know from caselaw, for example Lucasfilm, Interlegoand the much earlier 'Popeye' case (King Features Syndicate Inc. v. [read post]
27 Jun 2015, 2:50 pm
In a similar vein, albeit based on different reasoning, the Supreme Court recently also approved the removal of claims against nursing homes (and, by extension, all medical malpractice claims) from the court system by blessing arbitration agreements in admission contracts even if they are not compliant with Texas law. [read post]
24 Jun 2015, 4:25 pm
And as I predicted elsewhere, Judge Kozinski then came to the Garcia v Google case. [read post]
18 Jun 2015, 10:50 am
(I’m speaking here of restrictions that the government imposes in its capacity as regulator, and not as employer, educator, or speaker; and I’m setting aside the historically recognized content-based exceptions, such as for libel, obscenity, threats, and the like.) [read post]
17 Jun 2015, 9:50 am
Image used with permission–courtesy of Barry Lawrence Ruderman Antique Maps Inc. [read post]
11 Jun 2015, 10:49 pm
Chilled in Crete, but Actually I’m more chilled out than normal having spent a blissful week at the Daios Cove resort in Crete, near Agios Nikolaos to the east. [read post]
4 Jun 2015, 4:52 am
The fair-use doctrine has evolved over years through the courts as a balancing test that I believe has served us well and one which I’m reluctant to amend in the absence of compelling evidence. [read post]
3 Jun 2015, 4:37 pm
I’m not going to re-hash it here. [read post]
27 May 2015, 11:59 am
Q: Are you suggesting that students on their home computer or laptop purchase or download these tools to break encryption for preparation for homework or is that done in the classroom/computer lab where there is supervision to help them understand the parameters in the law? [read post]
26 May 2015, 11:46 am
You’re disputing the definition based on a scenario that I’m not sure exists in the real world. [read post]
19 May 2015, 8:45 am
I’m happy to report that the Fourth Circuit has just handed down Radiance Foundation v. [read post]
13 May 2015, 4:20 pm
Metropolitan Homes, Inc., et al., 2015COA65 (Colo. [read post]
13 May 2015, 4:20 pm
Metropolitan Homes, Inc., et al., 2015COA65 (Colo. [read post]
1 May 2015, 6:42 am
Great Dane Trailers, Inc. [read post]
30 Apr 2015, 4:08 am
After her shift Jenkins went to the emergency room where she was administered medication and sent home to rest. [read post]
