The most thoroughly developed of these proposes a legislative restructuring of copyright exhaustion in a flexible, multi-factor format, in part modeled on the United States’ fair use doctrine. [read post]

Admittedly the Justice case recently experienced a vogue of attention in the United States, particularly among lawyers looking for possible precedents for bringing charges against the authors of the “torture memos” in Bush’s Justice Department.[4] But even this brief renaissance of interest quickly waned as the precedential relevance of the Justice appeared smaller than hoped.[5] The fact that the NMT program has long been treated as nothing more than a footnote to the IMT… [read post]

Earlier today, I had the pleasure of visiting Professor Jack Goldsmith’s “Foreign Relations Law” class, which is studying Hamdan v. [read post]