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27 Jul 2009, 3:00 am
Peter Friedman is a Visiting Assistant Professor at the University of Detroit Mercy Law School, where he teaches Contracts and Core Concepts. [read post]
24 Jul 2009, 12:19 am
In response to his latest post, I sent him the following e-mail (hyperlinks added): Donn - As I said, judging the competing merits in any case that results in a  lawsuit rational parties are willing to take to trial and even up on  appeal is almost always a question of choosing between better and worse  arguments, not a matter of mechanically applying rules that result in  obviously predictable outcomes. [read post]
14 Jul 2009, 6:00 am
If you’re in breach of contract, it doesn’t matter much if the party suing you doesn’t have proof that your failure to live up to your promise actually caused the harm you’re thinking of. [read post]
13 Jul 2009, 6:45 am
(IP finance) Patent perishables – The effects on a company’s patent portfolio when it goes bust (IPEG)   Canada Supreme Court rejects application to appeal procedural ruling in copyright case over photos showing marijuana plants growing in the plaintiff’s residence: Agnieska Wojtanowska, et al v Daniel Mustard, et al (Excess Copyright) Federal Court sets high standard of evidentiary detail, reaffirms local distinctiveness in trademark expungement case: Kamsut… [read post]
6 Jul 2009, 4:31 am
There was no economic reason to challenge the right of another recording company to require payment for any sample, no matter how small, no matter transformative its use was, and no matter how little impact it would have had on the market for the sampled piece. [read post]
2 Jul 2009, 7:10 am
So congratulations, Judge Kozinski, on putting this matter behind you. [read post]
1 Jul 2009, 4:44 am
For a longer discussion of judicial activism and "fanciful" theories see Justice Friedman's dissent in the Appellate Division. [read post]
29 Jun 2009, 6:08 am
What’s going on in the streets, if anything, is a matter of intense interest around the world, but newspapers have largely been rendered unable to report on events thanks to the moves of the Iranian regime. [read post]
24 Jun 2009, 8:17 pm
Since the election of Ronald Reagan the legal common wisdom has been that allowing individuals to enter into whatever agreements they wish, no matter how risky, leads us to the best of all possible worlds. [read post]
23 Jun 2009, 8:27 am
Theoretically, two free individuals are at liberty to agree to govern their relationship with respect to any given matter (the sale of a car, the division of assets in a divorce, the employment by one of another, the limitations on the use of materials posted by one on a web site governed by another) in any way they agree. [read post]
18 Jun 2009, 7:41 pm
As a business matter, I don’t understand the view Chu expresses, as I’ve previously written. [read post]
17 Jun 2009, 5:34 am
In other words, as Arewa explains, perceiving originality in the Romantic sense is more a matter of being ignorant of sources and influences than it is of genuinely discovering independent genius: Conceptions of Robert Johnson’s work highlight the context dependent  nature of notions of originality. [read post]
15 Jun 2009, 8:27 am
As the Public Reprimand issued by the North Carolina Judicial Standards (pdf) recounts, before the matter was resolved, the Judge checked Schieck’s Facebook account and noted that Schieck had posted a question about what he would have to prove to prevail in the custody dispute. [read post]
10 Jun 2009, 11:32 am
Former clinic student and recent Stanford Law School graduate Josh Friedman discusses Monday’s decision in US v. [read post]