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23 Jan 2015, 8:37 pm by Donald Clarke
The latter point has attracted a great deal of commentary to date, but some of that commentary has overlooked important details, so please don’t forget to read Section V at the end. [read post]
3 Dec 2014, 12:33 pm by Jason Rantanen
    Shortly after the dot-com bubble burst, @Home collapsed and entered bankruptcy proceedings. [read post]
The strong presumption of commercial speech when speech meets all three Bolger factors is typically not present for native content. [read post]
8 Sep 2014, 9:24 pm by Chuck Cosson
This suggests some core criteria that should be present whenever any regulation of tool providers is considered:  1) strong social consensus that there are concrete and significant harms to be addressed; 2) strong consensus that obligations should apply equally across all providers; 3) strong consensus the regulation is appropriately tailored and enforceable as a technical and practical matter. [read post]
8 Dec 2013, 11:14 am by Jeff Gamso
With cause, Gideon likes to quote this passage from Justice White's* opinion for a unanimous court in Coffin v. [read post]
24 Aug 2013, 2:52 am by Lawrence B. Ebert
This would put Apple and Samsung at a com- petitive disadvantage compared to their current position. [read post]
8 May 2013, 9:48 am by Eric
] * I am unclear if Google broad-matches the noun in a "[noun].com" query. [read post]
11 Sep 2012, 8:52 am by Rebecca Tushnet
  (Expression v. traditional advertising may have something to do with the differences here—NFU is problematic perhaps because it spans both types of uses, whereas Rogers is for expression that isn’t standard advertising.) [read post]