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3 Mar 2017, 10:51 am by Eugene Volokh
Open carry is being banned because, by being visibly lethally armed, open carriers are putting themselves at more risk of crime? [read post]
28 Feb 2017, 9:55 am by Mieke Eoyang, Gary Ashcroft
Editor's Note: A full version of this paper, complete with citations, can be found here. *** Over the next year, Congress will have to address one of the most controversial electronic surveillance statutes, the FISA Amendments Act (commonly referred to by one of its key provisions, Section 702), before it expires at the end of 2017. [read post]
23 Feb 2017, 11:46 am by Kelly Phillips Erb
Consider the value of making a claim that might put you at risk for audit: is it worth it? [read post]
22 Feb 2017, 5:04 am by Kelly Phillips Erb
The IRS has new protections for taxpayers this year including increased screenings, delayed refunds, and verification codes on some forms W-2. [read post]
21 Feb 2017, 6:08 am by Rebecca Tushnet
Casey, 505 U.S. 833, 884 (1992), upholding a risk-notification requirement for doctors performing abortions, didn’t support the use of rational basis review here: If rationality were the standard, the government could—based on its disagreement with the message being conveyed—easily tell architects that they cannot propose buildings in the style of I.M. [read post]
16 Feb 2017, 2:30 pm
Trump has somewhat gleefully asserted that the conflict-of-interest rules don’t apply to the president. [read post]
14 Feb 2017, 7:29 am
A large section of the American intellectual elite has been wary of the election of the 45th President, and more worries still from the evidence of the trajectory of his presidency from his actions after January 20, 2017. [read post]
13 Feb 2017, 1:18 pm by Josh Blackman
This timeless lesson was apparently lost on the panel, which, third, applied the strictest of scrutiny to assess whether the executive order was justified based on “a real risk” rather than alternative facts. [read post]
11 Feb 2017, 7:09 am by Rebecca Tushnet
Don’t assume that the contemporary rules applied, even if the language is the same. [read post]
10 Feb 2017, 2:05 pm by Rebecca Tushnet
Craig, Relying on (User) Rights-Talk: On Copyright Limits and Rhetorical Risks Many ways to limit ©; here focusing on defenses/exceptions, the ideal type of which is fair use. [read post]
10 Feb 2017, 12:07 pm by Rebecca Tushnet
  Bodily integrity linked to autonomy, dignity, and identity—the extended mind is also an extension of the body.Consistent w/other theories; passes Orin Kerr’s test of being tech neutral in the sense that you don’t gain a benefit as a criminal by using digital tech.Many people agree that the 3d party doctrine should be curtailed but we haven’t had a theory w/a judicial impact. [read post]
7 Feb 2017, 8:48 am
” First, an introduction to the presuppositions and premises of the argument: “… [W]hen a decision-maker decides according to rules and therefore relies on decisions made by others, she is partially freed from the responsibility of scrutinizing every substantively relevant feature of the event [or situation]. [read post]
6 Feb 2017, 1:34 pm by Tim Wybitul
Dr Stefan Brink is the new Data Protection and Freedom of Information Officer for the German federal state of Baden-Württemberg. [read post]
6 Feb 2017, 5:01 am by James Edward Maule
Smaller businesses are more at risk, because they are less likely to have a sufficiently sized IT department to guard the store, so to speak. [read post]
26 Jan 2017, 4:00 am by Administrator
If you don’t monitor your trust account closely, you embolden the embezzler to repeat the act of embezzlement, so that it becomes a habit you won’t discover until your trust account becomes overdrawn. [read post]
20 Jan 2017, 4:30 am by Jon Hyman
 — via Evil HR Lady, Suzanne Lucas You (Don’t) Have The Right To Disconnect — via Compensation Cafe The most common passwords of 2016 are just as embarrassing as you expected — via Boy Genius Report Phishing Scam Targets HR Professionals By Seeking W-2s — via Dan Schwartz’s Connecticut Employment Law Blog Dangerous New Gmail Phishing Attack Gaining Steam — via Dark Reading HR &… [read post]
20 Jan 2017, 4:30 am by Jon Hyman
 — via Evil HR Lady, Suzanne Lucas You (Don’t) Have The Right To Disconnect — via Compensation Cafe The most common passwords of 2016 are just as embarrassing as you expected — via Boy Genius Report Phishing Scam Targets HR Professionals By Seeking W-2s — via Dan Schwartz’s Connecticut Employment Law Blog Dangerous New Gmail Phishing Attack Gaining Steam — via Dark Reading HR &… [read post]
11 Jan 2017, 8:18 am by David Strifling
In terms of sheer scope, I don’t contend that the Act is on the level of the Clean Water Act or the other landmark laws passed in the 1970s. [read post]