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20 May 2016, 1:15 pm by Eugene Volokh
“[A] court may decide as a matter of law whether a statement is actually capable of defamatory meaning. [read post]
20 May 2016, 10:07 am by Rebecca Tushnet
Does interference w/TM interests matter any more than other deception? [read post]
20 May 2016, 8:40 am by Rebecca Tushnet
  Then we have to figure out duty and causation—what kind of causal relationships matter. [read post]
19 May 2016, 9:23 am by Rebecca Tushnet
Comment periods: in my limited experience, the party w/burden of proof gets opening and reply; surreply is typically not a matter of right. [read post]
19 May 2016, 7:43 am by Rebecca Tushnet
[Which is why we should make it hard for people to create new stuff via remix …]  It’s not the availability that matters, it’s the inability to walk into Best Buy and get the software that matters—practical availability, not binary connection. [read post]
13 May 2016, 7:55 am
  The combined expansions of criminal coverage and the heightened severity of punishments are matters of grave concern that call for a serious rethinking of this project. [read post]
9 May 2016, 12:29 pm by Sasha Volokh
I voted for their slate, though I’m agnostic about whether free tuition is a good idea. [read post]
3 May 2016, 2:41 pm by Rebecca Tushnet
  I’m hemmed in by what courts say it is now. [read post]
2 May 2016, 8:54 pm by Rebecca Tushnet
  Court decided as a matter of law there was no red flag knowledge, turning statute into pure notice and takedown which was specifically rejected. [read post]
2 May 2016, 2:50 pm by Rebecca Tushnet
 Weinberg: notices are bursty for us: week w/few and then w/lot. [read post]