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1 May 2016, 11:07 am by Rebecca Tushnet
They also argue that IRUs raise the specter of state action: allowing private action to be held to const’l standards where state affirmatively encourages actor; §1983 suits would be dismissed b/c of §230 immunity. [read post]
3 Jul 2013, 5:00 am by Bexis
  “[W]hen a party cannot satisfy its state duties without the Federal Government's special permission and assistance, which is dependent on the exercise of judgment by a federal agency, that party cannot independently satisfy those state duties for pre-emption purposes. [read post]
21 Aug 2011, 9:30 pm
 Bankruptcy Cases and Topics DC Cir: Creditors' tortious intf. cplt v. [read post]
5 Jul 2013, 5:00 am by Bexis
Superior Court, 920 P.2d 1347, 1352-53 (Cal. 1996); Washington State Physicians Insurance Exchange & Ass’n v. [read post]
21 Aug 2015, 5:01 am by James Edward Maule
The state court order stated that it was issued “[w]ithout a hearing, without passing upon the substance, form, and/or fairness of the agreement,and without knowledge by the Court of the facts and circumstances concerning the negotiations of the parties. [read post]
17 Oct 2014, 9:38 am
Krull , 480 U.S. 340 (1987) (police conducted a search in reasonable reliance on subsequently invalidated state statutes); Arizona v. [read post]
4 Jun 2019, 10:16 am by Rebecca Tushnet
That logic gives rise to speaker rights, b/c we want state to be responsive to people who are talking. [read post]
5 Dec 2019, 10:43 am by Rebecca Tushnet
Fashion: first mover + TM protection for brand name is arguably sufficient b/c of ephemerality of designs. [read post]
19 May 2016, 1:37 pm by Rebecca Tushnet
  Should start where we left off, not necessarily w/expansions but just accounting for current state of tech. [read post]
28 Jul 2009, 11:27 pm
Rule 404(b), which is the rule that was at issue in U.S. v. [read post]