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26 Oct 2022, 6:58 am by INFORRM
On the other hand, Schafer has been constructing defences against these assaults on Sullivan; eg, blog: here, here, here, here, here, and here (also here and here); and see “In Defense: New York Times v Sullivan” 82(1) Louisiana Law Review 81 (2022) and Matthew Schafer & Jeff Kosseff “Protecting Free Speech in a Post-Sullivan World” (2022) Federal… [read post]
26 Oct 2022, 6:38 am by Jennifer González
However, the precise definition of obscenity was unclear, and the Supreme Court would not rule that obscenity was not constitutionally protected speech until Roth v. [read post]
26 Oct 2022, 6:30 am by Guest Blogger
For a constitutional theory to be (minimally) acceptable, it must preserve the result in Brown v. [read post]
26 Oct 2022, 5:40 am by Florian Mueller
" Tellingly, Google itself cited foreign decision in its submission, and the CCI specifically names last year's Epic Games v. [read post]
26 Oct 2022, 4:26 am by CMS
Although the duty had not arisen on the facts, once the Creditor Duty had been engaged, Richards LJ explained that it was “hard to see that creditors’ interests could be anything but paramount”. [read post]
26 Oct 2022, 3:56 am by Andrew Lavoott Bluestone
Although “unfounded” allegations are not actionable under Judiciary Law § 487, deliberate misrepresentations are (see Amalfitano v Rosenberg, 12 NY3d 8, 11-15 [2009]; Ticketmaster Corp. v Lidsky, 245 AD2d 142, 143 [1st Dept 1997]; Redmond v Bailey, 2012 NY Slip Op 31081[U], *6 [Sup Ct, Queens County 2012]). [read post]
25 Oct 2022, 9:02 am by Stewart Baker
  And in updates and quick takes: I see a real risk for Google in the Texas attorney general’s lawsuit over the company’s us of facial recognition. [read post]
25 Oct 2022, 6:30 am by Guest Blogger
              The debate in many ways goes back to Justice Holmes’s typically cryptic dissenting opinion in Lochner v. [read post]