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17 Apr 2024, 4:30 am by Lawrence Solum
Here is the abstract: The law of homicide is exceptional within the criminal law in a variety of ways, including in: the severity of its sanctions; the complexity of its grading and labeling; the difficulties it faces in defining its protected class, especially at the beginning and end of life; and the fact that it recognizes at least one (partial) defense that does not apply to other crimes -- namely, provocation. [read post]
17 Apr 2024, 4:15 am by Howard Friedman
After 29 "Whereas" clauses, the Resolution reads:That it is the sense of the House of Representatives that—(1) the slogan, “from the river to the sea, Palestine will be free”, is outrightly antisemitic and must be strongly condemned; (2) this slogan is divisive and does a disservice to Israelis, Palestinians, and all those in the region who seek peace;(3) this slogan rejects calls for peace, stability, and safety in the region;(4) this slogan perpetuates… [read post]
17 Apr 2024, 4:05 am
Citing Wal-Mart, the court observed that trademark law does not protect "product designs that lack distinctive meaning as a source identifier. [read post]
17 Apr 2024, 4:00 am by Howard Friedman
Moreover, the City’s rookery management program does not substantially burden Appellants’ religious beliefs because cormorants can still nest elsewhere in the 343-acre Park or nearby. [read post]
17 Apr 2024, 3:38 am by Eleonora Rosati
Supreme Court ruled that the First Amendment does not fully protect parody products using third-party trademarks. [read post]
17 Apr 2024, 1:41 am by Anita Edwards and Simon Lovegrove (UK)
The FCA considers this to be better than proceeding with a poor-quality application that does not meet its standards. [read post]
17 Apr 2024, 12:15 am
California does have a Security Owners Protection law which makes it unlawful to, among other things,  employ any device, scheme, or artifice to defraud in connection with the solicitation, receipt, or collection of any fees or compensation of any kind for the purpose of protecting, enforcing, or representing the rights of security owners. [read post]
17 Apr 2024, 12:00 am by Lawrence Solum
It charges the law of internal and external EU commercial relations with the ‘values’ of Art. 2 TEU and thus introduces a ‘thick constitutionalism’ to this otherwise seemingly unspectacular area of EU policy: The Court does not merely insist on a review that may be characterized as constitutional in form – based on normative hierarchy and setting a floor and a ceiling to what is compatible with EU law. [read post]
16 Apr 2024, 10:42 pm by Mary Anne Peck
SB 1047 does just that, by developing responsible, appropriate guardrails around development of the biggest, most high-impact AI systems to ensure they are used to improve Californians’ lives, without compromising safety or security. [read post]
16 Apr 2024, 9:01 pm by Vikram David Amar
(That’s what Dean Martinez was getting at when she observed, in her public explanation of SLS’s policies, that “the First Amendment does not give protestors a ‘heckler’s veto. [read post]
16 Apr 2024, 9:01 pm by Jonathan Berry, SVP, Argent Trust
He does not have to worry about elder abuse, scams, a ne’er-do-well friend, or his own mismanagement of funds. [read post]
16 Apr 2024, 9:00 pm by SCOTUSblog
Louis that an employee challenging a job transfer under Title VII must show that the transfer brought about some harm with respect to an identifiable term or condition of employment, but the harm does not have to be significant. [read post]
16 Apr 2024, 7:58 pm by Sabrina I. Pacifici
As US Federal Reserve staff director Steve Malphrus said at a 2009 cable security conference, “When communications networks go down, the financial services sector does not grind to a halt. [read post]
16 Apr 2024, 4:38 pm by Yosi Yahoudai
“Closing the facility at Dublin does not do anything to change the underlying culture that contributed to rampant sexual abuse in prison,” said Shanna Rifkin, deputy general counsel of the prisoner advocacy organization FAMM. [read post]
16 Apr 2024, 4:27 pm by Eugene Volokh
So what does the Logan Act mean today, and is it even constitutional, given modern understandings of the First Amendment? [read post]