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10 Jan 2014, 10:57 am by Mark Graber
  We discuss whether courts made the correct decision in such cases as Windsor v. [read post]
26 Dec 2013, 1:27 pm
  This is a perspective that also conflates public and private law views of entities, be they states or corporations. [read post]
19 Dec 2013, 7:16 am by Eric Turkewitz
But if you ran for Vice President of the United States, or if you are an attorney volunteering to be the talking head legal analyst on a cable show, you ought to know that the issue of free speech applies to the government, not a private cable television channel. [read post]
16 Dec 2013, 6:36 am by Marty Lederman
  Moreover, with respect to that one of the two options a RFRA claim is virtually foreclosed by the Court’s unanimous 1982 decision in United States v. [read post]
14 Dec 2013, 2:49 am
Citizens became playthings in the face of whimsical, arbitrary power of the state. [read post]
10 Dec 2013, 4:26 pm
 A side that doesn't negate the wisdom of Judge Kozinski's opinion. [read post]
5 Dec 2013, 4:09 pm by Tom Goldstein
Omar (with the United States as the petitioner) and No. 66-1666, Munaf v. [read post]
5 Dec 2013, 12:20 pm by Michelle N. Meyer
Preventing Commodification At the outset, I'll confess that, as a category of argument, I find commodification concerns about as persuasive as Leon Kass's (in)famous argument from the "wisdom of repugnance." [read post]
29 Nov 2013, 5:10 am
Finally, Asim Singh updates us on the latest French site-blocking litigation on the 1709 Blog.The thoughtful and creative John Walker, a regular correspondent on the 1709 Blog on matters of interest to artists, not least of which is the rights and wrongs of resale royalty rights, has (as he modestly states) written something on "fair use" re scanning library books on Club Troppo ("the suppository of all centrist wisdom since 2002", with the lovely armadillo logo on the right).… [read post]
27 Nov 2013, 10:28 am by Ann Tweedy
  As the current Court term churns along and conferences and arguments are conducted and orders are issued, one case from last term--Madison County v. [read post]
19 Nov 2013, 2:59 pm by Matthew David Brozik
But, the Circuit Court points out, an intent to create an association does not constitute per se evidence of actual association, notwithstanding the wisdom of McCarthy, which states that “If a junior [user] intended to create an association, the law may assume that it succeeded. [read post]