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10 Apr 2023, 6:30 am by ernst
  Still, the two constructs were the tools they had to get themselves there, and they had to be used in certain ways or else appear to pass–in Mark’s words–”from lawyerly deliberation to sheer willfulness” (to quote Mark’s rendering of Harlan Fiske Stone’s verdict on Colgate v. [read post]
7 Apr 2023, 5:11 pm by Rebecca Tushnet
How do you measure the risk of freedom of expression v. copyright takedowns? [read post]
7 Apr 2023, 1:18 pm by Rebecca Tushnet
Then figures out what it must do: in US, don’t engage in primary or secondary infringement. [read post]
7 Apr 2023, 7:48 am by Rebecca Tushnet
Tutorial “The EU Digital Services Act – Overview and Central Features” General DSA Architecture and Approach      Martin Senftleben, University of Amsterdam Formally, the safe harbor system is still in place for mere conduit, caching and hosting services for third-party information they transmit and store. [read post]
6 Apr 2023, 12:57 pm by bndmorris
Brandon Beck, Judge Higginson and the Role of the Solicitor General in United States v. [read post]
4 Apr 2023, 4:33 am by Andrew Koppelman
  One of the biggest litigation victories I participated in was the Supreme Court’s 2020 decision, in Bostock v. [read post]
3 Apr 2023, 1:34 pm
We'll have to figure out of the facts.Nonetheless, here's my take:The oath requirement comes from the California Constitution, which requires most state employees -- and there are a TON of them -- to take that oath. [read post]