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12 Apr 2017, 7:49 am by Randy Barnett
But for now, I want to take Professor Dorf’s charitable assumption about happy results as given and consider his second move, which is the heart of his claim about the remaining stakes of the debate: 2) Bait and switch. [read post]
10 Apr 2013, 10:21 am by The Book Review Editor
  This chapter appears to be an elaboration of a speech given by Kris at the Brookings Institution in 2010, which he expanded into a law review article in 2011. [read post]
17 Apr 2023, 11:37 am by Aaron Moss
Judge Abrams wrote: “Given that Plaintiff’s business is designed to protect and enforce the copyrighted works that it licenses, and employs intricate means of doing so, it is not plausible that Plaintiff, in exercising reasonable diligence, would not have discovered the alleged infringing use here until nearly ten years after the infringement occurred. [read post]
25 Jun 2012, 8:43 am by Max Kennerly, Esq.
A jury, after hearing live testimony and cross-examination, might therefore discredit the officers’ testimony and conclude that, in light of the degree of danger Keith posed once handcuffed, if any, and other pertinent circumstances (including Keith’s apparent physical and mental state at the time), the degree of force used was excessive. [read post]
18 Dec 2019, 2:13 am by Keith Mallinson
Longstanding and economically efficient balance in Standard-Essential Patent licensing is being destabilized by misinformation and manipulation of commercial practices and of benchmarks in Fair, Reasonable and Non-Discriminatory licensing. [read post]
13 Jan 2014, 6:14 am
 To do so, Special Agent Keith Tippets of the Internal Revenue Service's Criminal Investigations Division (`IRS-CID’), who submitted a sworn affidavit to obtain the warrant, promised Magistrate Judge Candy Dale that electronic information at Mr. [read post]
13 Jun 2016, 4:38 am by John Sipher
  Given its subject, however, it is not surprising that Kaplan couldn’t provide more specifics on covert operations. [read post]
22 May 2015, 3:55 pm
They have given us real-world examples of its positive impact in discovering and disrupting terrorist plots overseas and at home. [read post]
23 Sep 2019, 5:08 am by Susan Landau
Given that there is no specific forcing event to require greater resources, but rather a trend, history suggests that we will appreciate the seriousness of the underinvestment only when a crisis has occurred. [read post]
23 Jun 2020, 1:43 pm by Sandy Levinson
I am quite excited by the exchange between Jack and Chris Green about the meaning of the oath of fidelity to the Constitution. [read post]
29 Jan 2019, 3:41 pm
Contrary to what some prominent legal ethicists believe, I don’t think lawyers should be praised or blamed for exercising their professional and personal discretion with regard to whom they decide to represent, given the fact that every defendant is entitled to legal representation, no matter how horrific the charges (consider, for example, the charges against the defendants in the Nuremburg Military Tribunals), or how convinced we may be of the defendant’s guilt (based on… [read post]
3 Dec 2015, 5:59 am by Ellen Scholl
However, Keith Johnson argues in Foreign Policy that the pipe dreams aren’t over yet. [read post]
29 Jul 2015, 6:48 am
This post examines an opinion the Criminal Court – City of New York issued on July 14, 2015:  People v. [read post]
13 Mar 2016, 12:11 pm by Ellen Scholl
Writing in Foreign Affairs, SIPA Center on Global Energy Policy Director Jason Bordoff and co-author Akos Losz consider whether shale production has given the U.S. the opportunity to play the role of the “Benign Energy Superpower. [read post]
19 Oct 2018, 6:30 am by Lyu Jinghua
In the months before the release of the 2011 strategy,  CYBERCOM’s main focus was “safeguarding our military assets”—which then-NSA Director Keith Alexander explicitly specified was “not about an effort to militarize cyber space. [read post]
15 Jul 2016, 11:50 am by Quinta Jurecic
Rushforth argues that, given the nature of the motion, the defense has to position it as a motion for continuance: the hearing cannot continue until Hadi has his choice of counsel. [read post]
15 Dec 2013, 5:05 pm by Jeff Gamso
  And so have fellow lawyer blawggers: Gideon and Scott Greenfield and Rick Horowitz and Daniel Partain and Keith Lee and not-lawyer blawggers Grits and Windy and . . . . [read post]
16 Sep 2016, 3:50 am by Jack Goldsmith
  That is the oath that I kept that Keith Alexander and James Clapper did not. [read post]
9 Aug 2013, 7:39 am by Rahul Bhagnari, ACLU
Keith Alexander says he intends for the agency to "collect it all," this is exactly what he means. [read post]