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27 Jun 2008, 11:43 pm
EPA, Gonzales v Oregon, and Hamdan v Rumsfeld. [read post]
25 Apr 2014, 5:36 am
Tarantino further argued that Gawker's fair use argument was premature as asserting an affirmative defense, but went on to argue that Gawker's use was not fair because: (1) the primary purpose of the infringing use was commercial, not news reporting; (2) the use was not transformative; (3) the screenplay was unpublished; (4) the screenplay was a creative work, (5) the entire screenplay was made available; and (6) the disclosure of the screenplay… [read post]
16 Mar 2022, 12:16 pm
In Commonwealth v. [read post]
21 Apr 2009, 3:00 pm
Yesterday the Court agreed to consider this question in No. 08-1065, Pottawattamie County, Iowa v. [read post]
4 Mar 2009, 7:21 pm
Levine, No. 06-1249 In a tort action based on an injury due to the medical use of Wyeth’s drug Phenergan, judgment for respondent Levine is affirmed where Federal law does not preempt Levine’s claim that the drug’s label did [...] [read post]
8 Jun 2020, 6:30 am
This employment discrimination case reminds us that management has much leeway in disciplining employees, and that even if the plaintiff makes out a prima facie case, the employer can get around that by showing it still had good reason to demote the plaintiff.The case is Carter v. [read post]
26 Oct 2016, 4:00 am
In Baker v. [read post]
29 Dec 2015, 1:20 pm
See Commil USA, LLC v. [read post]
29 Apr 2013, 12:23 pm
By Jason Rantanen Biogen Idec, Inc. v. [read post]
21 Mar 2013, 10:56 am
Terzano v. [read post]
8 Nov 2022, 5:31 am
The Ninth Circuit precedent has consistently held that Section 230(e)(1) applies only to criminal prosecutions and, in Jane Doe 1 v. [read post]
20 Dec 2007, 7:31 pm
In Truong v. [read post]
13 Mar 2014, 7:19 pm
In BG Group PLC v. [read post]
1 May 2013, 12:50 pm
In doing so, under Chevron U.S.A., Inc. v. [read post]
22 Mar 2010, 10:58 am
Stern (formerly Marshall v. [read post]
11 Jan 2018, 7:11 am
In Accel Inc. v. [read post]
25 Apr 2011, 5:50 pm
In Vancouver International Airport Authority v. [read post]
8 Nov 2017, 7:26 am
Co. of Am. v. [read post]
29 Jan 2019, 1:00 am
“Such equality in treatment does not save the ordinance. [read post]
23 Feb 2015, 4:06 am
But whether or not Kienitz represents a good vehicle for Supreme Court review, I think the occasion does provide a good place to reiterate the importance of necessity to fair use. [read post]