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3 Nov 2015, 5:31 am by FHH Law
As we reported yesterday, the Commission’s late-October “Second Order on Reconsideration” with respect to its channel sharing rules was published in the Federal Register on November 2, even though its predecessor, last June’s “First Order on Reconsideration” in the same matter, still hadn’t graced the Register’s pages. [read post]
2 Nov 2015, 7:20 am by Jennifer Laurin
 Our adversarial legal system cuts off the "three year old" game, both because some answers are not legally relevant (it doesn't matter, for example, "why" exculpatory evidence didn't reach a defendant, under Brady doctrine), and because some answers are not strategically helpful (it's not helpful, for example, to a Brady claim if defense counsel got a little lazy in looking under the hood of the prosecution's case). [read post]
2 Nov 2015, 7:04 am by Eugene Volokh
Supreme Court has held that antidiscrimination laws “do not, as a general matter, violate the First . . . [read post]
2 Nov 2015, 6:10 am by Peter Breslauer
” 2015 WL 6405811, at *2 (quoting In the Matter of Rules and Regulations Implementing the Telephone Consumer Protection Act of 1991, 2015 WL 4387780, at *5 (F.C.C. [read post]
2 Nov 2015, 6:10 am by Peter Breslauer
” 2015 WL 6405811, at *2 (quoting In the Matter of Rules and Regulations Implementing the Telephone Consumer Protection Act of 1991, 2015 WL 4387780, at *5 (F.C.C. [read post]
31 Oct 2015, 4:29 pm
”In contrast section 8 of the Representation Agreement Act provides:Test of incapability for standard provisions8  (1) An adult may make a representation agreement consisting of one or more of the standard provisions authorized by section 7 even though the adult is incapable of(a) making a contract,(b) managing his or her health care, personal care or legal matters, or(c) the routine management of his or her financial affairs.(2) In deciding whether an adult is… [read post]
31 Oct 2015, 2:39 pm by David Cheifetz
When the Supreme Court of Canada says “X” in 2007, and repeats “X” in 2011 adding explicitly that “X does not mean Y but means Z”, it is reasonable to assume (is it not?) [read post]
30 Oct 2015, 1:57 pm by Benjamin Wittes
Who am I to object even if I can't fathom why it would? [read post]
30 Oct 2015, 9:17 am by Rebecca Tushnet
  Seventh Circuit: science was a matter of public debate; but yes, it proposes a commercial transaction at its core, even if it touches on a matter of public debate. [read post]
30 Oct 2015, 7:48 am by Rebecca Tushnet
  Abortion regulations provide precedent for saying that extremely controversial subject matter can’t be subject to labeling, no matter how true it is. [read post]
30 Oct 2015, 7:05 am by Evan Lee
§ 2252(b)(2) because that provision only covers prior state-law convictions “involving a minor or ward. [read post]
29 Oct 2015, 10:29 am by Dan Kirkpatrick
In certain cases, however, the DMA doesn’t accurately reflect the true “local” market of a particular station. [read post]
29 Oct 2015, 7:18 am by John Jascob
That discretion did not create a license to impose no qualifications on purchasers at all, the state commissioners contended.In their opening brief, Galvin and Lindeen had cited Justice Scalia’s observation that “[i]t does not matter whether the word ‘yellow’ is ambiguous when the agency has interpreted it to mean ‘purple. [read post]
29 Oct 2015, 5:19 am by Jason Shinn
Aliphcom, Inc. d/b/a Jawbone won an early legal battle in a lawsuit filed against five of its former employees and its rival Fitbit, Inc. [read post]