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3 Nov 2023, 12:44 pm by Rebecca Tushnet
The fact of the matter is that copyright is interested in incentivizing creative expression, and whether that expression is about a living person without their permission is irrelevant to copyright’s purpose. [read post]
Defining Commonality of Interest The “commonality of interest” test in ERISA’s employer definition is designed to distinguish bona fide association plans from state-regulated commercial insurance offered to the public at large. [read post]
Defining Commonality of Interest The “commonality of interest” test in ERISA’s employer definition is designed to distinguish bona fide association plans from state-regulated commercial insurance offered to the public at large. [read post]
25 Apr 2008, 4:52 am
I'm not even going to go there.My problem is this -- I'm not Hirshman's generation and I'm not part of Gen X. [read post]
2 Dec 2010, 7:17 pm by Peter Spiro
  I’m no fan of the Bush era officials, but whatever the national interest means these days it probably includes fending off war crimes charges by foreign courts. [read post]
7 Mar 2019, 8:12 pm
International law recognizes that States have the inherent right20 to override legal obligations to defend ‘national security’ or ‘essential security interests’.21 However, States can creatively allege simulated, artificial, or, at best, doubtful national security directives. [read post]
25 Apr 2014, 7:03 am
Anti-SLAPP statutes are meant to protect speakers against meritless lawsuits based on their speech (though the exact kinds of speech protected by the statutes vary from state to state); the protection comes chiefly in the ability to get meritless cases dismissed early, and to have defendant’s attorney fees and court costs paid by the losing plaintiffs. [read post]
30 Jun 2008, 11:55 pm
  But that's going beyond the point I'm trying to make here.) [read post]
26 Nov 2019, 5:03 am by Eugene Volokh
[An interesting federal government argument, in a case pending in D.C. [read post]
17 May 2010, 7:52 pm by Jeff Gamso
  The answer, of course, is that there's not a one.It's about that simple.Doug Berman and Scott Greenfield and I'm sure others note the mix of today's opinions. [read post]
26 Mar 2014, 7:50 am by Rebecca Tushnet
”I’m not surprised that the result of the Court taking the case was a new articulation of the standard; it’s the kind of thing only the Supreme Court can do. [read post]
13 Dec 2010, 11:26 am by John Elwood
Cooke, 10–333, CA9 (Reinhardt, Wardlaw, M. [read post]