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13 Aug 2015, 2:00 am by Sam Claydon, Olswang LLP
  They made the following pertinent observations: applying Swift v Secretary of State for Justice [2013] EWCA Civ 193, under the Convention a state need only pursue a legitimate aim in a proportionate way: Strasbourg does not demand that it do any more; the court must give considerable weight to informed legislative choices, at least where the state is seeking to reconcile the competing interests of different groups in society; and a legislative or regulatory… [read post]
12 Aug 2015, 10:30 am by Karen Tani
Somin has long been a champion of strong property rights. [read post]
11 Aug 2015, 4:29 am
However, his lawyers have explicitly stated that he is selective in licensing his work. [read post]
7 Aug 2015, 8:36 am by Rebecca Tushnet
  The Second Circuit was at the time the most prominent court in the country—a lot of New Deal academics while the SCt lacked strong personalities. [read post]
7 Aug 2015, 7:53 am by Rebecca Tushnet
State limits choices of individuals to protect them from consequences of their own decisions. [read post]
6 Aug 2015, 6:21 pm by Kevin LaCroix
These include digital forensic preservation and investigation, notification of a broad range of third parties and other constituencies,[1] fulfillment of state and federal compliance obligations, potential litigation, engagement with law enforcement, the provision of credit monitoring, crisis management, a communications plan – and the list goes on. [read post]
6 Aug 2015, 11:03 am by Rebecca Tushnet
  Strong preservation of artworks. [read post]
5 Aug 2015, 7:36 pm
We may end up with a classic 5-4 division with Kennedy in the middle, along the lines of what we saw this past term in Los Angeles v. [read post]
5 Aug 2015, 7:14 pm by Joy Waltemath
The court also noted that the privacy interests of the state were already protected by other laws, including laws against trespass, theft of documents, and defamation (Animal Legal Defense Fund v. [read post]
3 Aug 2015, 10:46 pm by James E. Novak, P.L.L.C.
The Superior Court denied this argument citing the Plain Smell doctrine “Plain smell” standard adopted in State of Arizona v. [read post]
3 Aug 2015, 10:30 am by William W. Hellmuth
On July 29, 2015, BakerHostetler filed an amicus brief with the Second Circuit on behalf of the Center for Democracy and Technology, joined by five prominent nonprofit public interest groups, for the en banc rehearing of United States v. [read post]