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16 May 2019, 7:55 am by John Elwood
But with a little explanation, both seem straightforward and important. [read post]
15 May 2019, 7:21 pm
I am delighted to announce the publication of  "Next Generation Law: Data-Driven Governance and Accountability Based Regulatory Systems in the West, and Social Credit Regimes in China," Law &: Southern California Interdisciplinary Law Journal 28(1): 123-172 (2018).In the contemporary world, compliance systems and policing are quickly replacing law and the traditional methods of enforcement (either organic or positive law) as the framework through which collectives (the state, the… [read post]
15 May 2019, 2:09 pm by Dan Ernst
Paul Horwitz, University of Alabama School of Law, has posted A Close Reading of Barnette, in Honor of Vincent Blasi, which appears in the FIU Law Review 13 (2019): 689-728:This article, written for a symposium marking the 75th anniversary of West Virginia State Board of Education v. [read post]
15 May 2019, 6:00 am by Guest Blogger
One is that this conversation may be burdened by a conception of “democracy” that puts too much emphasis on the general idea of government responsiveness to public opinion, too little on the simple idea that in politics majorities get to decide. [read post]
15 May 2019, 4:39 am by SHG
Absent mandatory language in the regs, or court decisions like Doe v. [read post]
15 May 2019, 2:58 am by Walter Olson
“Banana Costume Copyright Assailed at Third Circuit” [Emilee Larkin, Courthouse News, earlier] In a new piece for The Bulwark, I sort through some comments by presidential candidate Pete Buttigieg critical of identity politics; Supreme Court’s decision in Apple v. [read post]
14 May 2019, 9:27 am by Rebecca Tushnet
Panel One: User-generated Content, Digital Labor, and Collaborative AuthorshipModerator: Bethany RabeRebecca Tushnet: Fanworks, Fair Use, and Self-Actualization Through Transformative ExpressionTitle assigned a few months ago is a little misleading because I actually wanted to take the opportunity to talk about the Copyright Office’s recent report on moral rights, though I’m happy to talk about anything fanwork related during the panel discussion and Q&A. [read post]
14 May 2019, 7:29 am by Andrew Hamm
The following is a series of questions prompted by the forthcoming publication of Michael Bobelian’s “Battle for the Marble Palace: Abe Fortas, Earl Warren, Lyndon Johnson, Richard Nixon, and the Forging of the Modern Supreme Court” (Schaffner Press, 2019). [read post]
14 May 2019, 3:22 am by SHG
Yet, the Supremes, in a 5-4 split, reversed its own precedent, even though, as Breyer argued in a dissent joined by Ginsburg, Sotomayor and Kagan, there was little, if any, need to reverse, and little, if any, textualist justification for change. [read post]