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6 May 2016, 1:19 pm by Randy Barnett
In a post today, Orin claims that Ilya (and possibly me as well) unfairly characterized the Chief Justice’s opinion in NFIB v. [read post]
6 May 2016, 10:50 am by Orin Kerr
Too often, people who are barriers to good results (whether they are Democrats or the GOP “establishment”) aren’t described as simply disagreeing in good faith. [read post]
5 May 2016, 11:16 am
 A sense that's only highlighted by the fact that this case is entitled People v. [read post]
5 May 2016, 7:45 am by Laura Donohue
The controversy over the Second Bank of the United States, ostensibly settled in McCullough v. [read post]
4 May 2016, 10:49 pm by Ben Reeve-Lewis
Courts take into account genuine remorse for the actions and previous good character. [read post]
3 May 2016, 5:08 pm by Kevin LaCroix
  A plaintiff whose PII, PFI, or PPI was stolen by hackers typically brings suit against the hacked company on his or her own behalf and on behalf of a class of similarly situated people, hoping the presiding court will certify the proposed class and allow the case to proceed as a class action.[3]  Causes of action in customer cases run a wide gamut of legal theories, from traditional tort claims (negligence and fraud) to allegations of state and federal statutory violations (for… [read post]
3 May 2016, 2:41 pm by Rebecca Tushnet
  Good thing about 512 and American law generally is that we favor new tech rather than taxing them as they do in Europe. [read post]
3 May 2016, 2:11 pm by Rebecca Tushnet
  Good faith belief that content is infringing; software can’t have a good faith belief. [read post]
3 May 2016, 7:48 am by Sally-Ann Underhill
Clause 28 …No voyage shall be undertaken, nor any goods or cargoes loaded, that would expose the vessel to capture or seizure by rulers or governments. [read post]
3 May 2016, 4:12 am by SHG
This goes to the same trade-off reflected by the U.S. v. [read post]
2 May 2016, 9:20 pm by Rebecca Tushnet
 Troy Dow, Disney: purposely broad, but also designed to distinguish good actors from bad within broad categories; courts have misapplied the standards to include people who do more than hosting to manipulating and creating distribution channels for content. [read post]