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26 Mar 2021, 9:50 am by Eric Goldman
“Courts have held that ‘photographic images of actual people, places and events may be as creative and deserving of protection as purely fanciful creations.'” While I agree, the Google image search suggests that line of thinking doesn’t apply to this photo. [read post]
8 Feb 2017, 7:23 am by Steve Erickson
The obvious chief criticism that can be made against current Eight Amendment jurisprudence is the ambiguous nature of the "evolving standards of decency" established in Trop v. [read post]
29 Sep 2011, 12:28 pm by WIMS
EPA failed to conduct its proper due diligence and now the American people will be forced to pay the price. [read post]
They did not tell the court that there should be a bright line rule—instead arguing cases would proceed like other antitrust claims. [read post]
21 Mar 2014, 2:04 pm
I wrote about the free speech aspect of this in my unsuccessful petition for Supreme Court review in the Scott v. [read post]
14 Oct 2008, 9:01 pm
  The Court spent an hour Tuesday talking about different approaches, in Bartlett v. [read post]
2 May 2024, 3:23 pm
" (Unlike in federal court, in the Court of Appeal, the author's always listed on the last line, and I never skip ahead. [read post]
22 Aug 2016, 4:10 am by SHG
This fall, in Moore v. [read post]
14 Nov 2017, 2:00 am by ELLIOT GOLD
It would be unwise for me to attempt to follow that line further in a case where the evidence and the facts render any such enquiry unnecessary. [read post]