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18 Apr 2019, 5:02 am by Eugene Volokh
Since I'm not a Public Trial Clause expert, I asked a couple of people who were, and they graciously responded and allowed me to quote them. [read post]
17 Apr 2019, 6:11 am by Mikhaila Fogel, Margaret Taylor
As the document itself indicated, it contained evidence that was “within the primary jurisdiction of the House of Representatives Committee on the Judiciary in its present investigation to determine whether sufficient grounds exist for the House of Representatives to exercise its constitutional power to impeach Richard M. [read post]
15 Apr 2019, 12:15 pm by Jon Sands
Johnson, No. 18-10016 (4-9-19)(Bennett w/M. [read post]
15 Apr 2019, 6:22 am by Rebecca Tushnet
  And yet: if people really would be confused, why would it matter that the claimed subject matter was abstract? [read post]
14 Apr 2019, 7:54 am by MOTP
(“While it is true the account agreement Wells Fargo produced is not the same one used in 2002, Wakefield is still bound to the new terms because the agreement states, "[w]e can change or add to any terms of your account at any time. [read post]
14 Apr 2019, 5:30 am by Gene Takagi
Watch the highlights and relive the most inspiring moments from the week that was: https://youtu.be/zRH4C3u3f34Benjamin Soskis: I’m happy to announce the publication of the first two historical case studies of high-impact philanthropic initiatives, in a series that @urbaninstitute’s Center on Nonprofits & Philanthropy is producing w/ support from @open_phil. [read post]
8 Apr 2019, 11:31 am by Rebecca Tushnet
Want guidance on responsibilities.Robert Schwartz Consumer Technology Association: Toleration, accommodation, and implied license matter a lot. [read post]
8 Apr 2019, 9:20 am by Rebecca Tushnet
Should simplify DMCA for microbusinesses w/small library of materials. [read post]
8 Apr 2019, 8:10 am by Rebecca Tushnet
Amazon’s Kindle Worlds, for example, mostly receives anticompetitive takedowns from competing writers [reflecting the difficulty of fighting back at the individual level, only one 512(f) case of which I’m aware, Quill Ink, has been brought based on a Kindle Worlds takedown]. [read post]
4 Apr 2019, 11:15 am
According to Osterrieth, the dogma of automatic injunctions has changed due to two cases: “Toll Collect” and “Wärmetauscher” (leading case of the German Federal Court of Justice, BGH GRUR 2016, 1034). [read post]
1 Apr 2019, 4:15 am by Eric B. Meyer
  There’s a lot to unpack with this case, and I’m resisting the urge to turn what should be about a 500-word post into a 5,000-word post. [read post]