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3 Jun 2017, 7:23 pm
Finally, thinking about these innovations matters because questions about algorithms will not stop with those that power news feeds or similar features of social media platforms. [read post]
2 Jun 2017, 7:27 pm
… The deference we give the coordinate branches is surely powerful, but even it must yield in certain circumstances, lest we abdicate our own duties to uphold the Constitution” (emphasis added). [read post]
2 Jun 2017, 1:34 pm
In the following paragraph, the Court restated the standard in nearly-identical terms: “when the Executive exercises this power negatively on the basis of a facially legitimate and bona fide reason, the courts will neither look behind the exercise of that discretion, nor test it by balancing its justification against the First Amendment interests of those who seek personal communication with the applicant. [read post]
2 Jun 2017, 7:48 am
By Mark S. [read post]
2 Jun 2017, 7:00 am
Today marks two years since enactment of the bipartisan USA FREEDOM Act (USAF), the first major government surveillance reform legislation in decades, and a lot has happened in the law's short life. [read post]
2 Jun 2017, 5:30 am
To expect the entire world to commence yet a new round of negotiations at the request of one state—even one as important to the issue and politically powerful as the United States—is simply not a reasonable expectation. [read post]
2 Jun 2017, 3:56 am
[Section 2(d) refusal BUNGEE BLAST for "Foam flying toy; Hand-powered non-mechanical flying toy" [BUNGEE disclaimed] in view of the registered mark BUNGEE GLIDERZ for “Toy airplanes; Toy gliders; Toy sling planes" [GLIDERZ disclaimed]. [read post]
1 Jun 2017, 1:00 pm
"This expansion," Sulzberger Jr. wrote [in a staff memo], "marks a sea change in our ability to serve our readers. [read post]
1 Jun 2017, 10:46 am
This is particularly powerful when combined with more specific policy proposals or rumors about these proposals, such as plans to separate mothers and children at the U.S. [read post]
1 Jun 2017, 8:00 am
Ross explains how the war increased federal and state economic regulatory powers, transferred power from Congress to the President, and altered federalism by enhancing the powers of the federal government. [read post]
1 Jun 2017, 4:23 am
” At Balkinization, Mark Tushnet cites reports that the “Trump administration will soon ask the Supreme Court to stay the Fourth Circuit’s order upholding the nationwide injunction against the so-called travel ban”; he notes that “the Supreme Court certainly has the power to stay the Fourth Circuit’s decision [modify the underlying injunction] on the Court’s own understanding — or determination — that the government can resume… [read post]
31 May 2017, 1:55 pm
Federally registered marks therefore represent government speech to some extent. [read post]
31 May 2017, 12:30 pm
Power. [read post]
31 May 2017, 11:45 am
Early last year on Lawfare, Ashley discussed the 2015 Federal Aviation Administration (FAA) interim rule “establishing registration and marking requirements for small unmanned aircraft used recreationally—i.e., drones. [read post]
31 May 2017, 4:59 am
” At the Associated Press, Mark Sherman calls the mistake “a surprisingly sloppy piece of work for a court that sometimes debates the placement of a comma. [read post]
30 May 2017, 1:05 pm
That information was probably known because Kislyak, as the agent of a foreign power, was subject to communications monitoring. [read post]
30 May 2017, 8:19 am
Only U.S. military power, backed by Congress, could provide it at that time. [read post]
29 May 2017, 3:06 pm
David Anderson QC’s Bulk Powers Review has supported the idea that the Investigatory Powers Commissioner should do this.ES: So what happens next? [read post]
29 May 2017, 3:06 pm
David Anderson QC’s Bulk Powers Review has supported the idea that the Investigatory Powers Commissioner should do this.ES: So what happens next? [read post]
29 May 2017, 11:22 am
"Travel ban to test Supreme Court view of presidential power": Mark Sherman of The Associated Press has this report. [read post]
