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CPS vs. free-range parents: are there Constitutional issues?

13 hours agoIndustries / Law : Overlawyered

Per Ilya Somin, there might be: “In two landmark cases in the 1920s, Meyer v. Nebraska and Pierce v. Society of Sisters, the Supreme Court ruled that the Due Process Clause of the Fourteenth Amendment protects parents’ and guardians ‘to direct the upbringing and education of children under their control.'” Meyer struck down a ban […] CPS vs. Show More Summary

Guy Who Took Walter Scott Shooting Video Now Demanding To Be Paid; Everyone Gets Confused About Fair Use

yesterdayIndustries / Law : Techdirt

As you probably heard, last week there was a big story involving North Carolina police officer Michael Slager being charged with murder for the shooting death of Walter Scott. Slager had told a story about how Scott had taken his taser. Show More Summary

Judge Nealon Rules in Favor of Consolidation for Post-Koken Trials (And Also Rules on Appropriate Jury Instructions)

2 days agoIndustries / Law : Tort Talk

In his April 15, 2015 decision in the case of Kujawski v. Fogmeg and Allstate, No. 2012-CV-3395 (C.P. Lacka. Co. April 15, 2015, Nealon, J.), Judge Terrence R. Nealon of the Lackawanna County Court of Common Pleas issued another notable...Show More Summary

Morning Wrap: Associate Pay Boost at Williams & Connolly | Power Cos. Press Luck at D.C. Circuit

Williams & Connolly boosts its first-year associate pay, power companies and states press their luck with the D.C. Circuit challenging the EPA over carbon emissions, and Sen. Harry Reid, the minority leader, prepares to "create" a vote on Loretta Lynch for attorney general. This is a roundup of news from ALM and other publications.       

Battery Charges Against Judge Mark Fuller Dropped

Last year, denizens of the Eleventh Circuit were shocked to learn that U.S. District Judge Mark Fuller had been charged with battery after his wife made a 911 call from a hotel. Fuller was formally charged with battery, but that was just the start of his problems. The Eleventh Circuit......

USPTO Patent Quality Call for Papers

The USPTO has an outstanding request for comments on its patent quality initiatives and many participants in the patent system will be submitting comments and proposals for improving patent quality. I’ve been working with a group of academics to create a second channel for submissions that will also open the door for further vetting and commentary to help the USPTO […]

Campbell conference: beyond transformative use

11 hours agoIndustries / Law : 43(B)log

Panel VII. Beyond Transformative Use—Other Fair and Permitted Uses (Moderator, Professor Gomulkiewicz) (partial: I had to leave early, sorry) Gomulkiewicz: sometimes licenses get a bad rap but they can be a powerful engine for creativity. Show More Summary

This Week In Techdirt History: April 12th - 18th

12 hours agoIndustries / Law : Techdirt

Five Years Ago This week in 2010, the move to a new type of mass media was accelerating across the board: more people were giving up TV across the board and smart artists were trying smart business models like the classical orchestras using CwF+RtB. Show More Summary

Campbell conference: IP and cultural expression

13 hours agoIndustries / Law : 43(B)log

Panel VI. IP and Cultural Expression (Moderators, Professor Said and Professor Margaret Chon) Mark McKenna, Notre Dame: Influence of Campbell outside copyright/in right of publicity: the First Amendment cases in which there’s an arguably expressive use of someone’s identity—movie, song, video games. Show More Summary

Doonesbury and disrespect, cont’d

14 hours agoIndustries / Law : Overlawyered

Reminder: as you lie bleeding to death on your office floor for drawing satire, Garry Trudeau will sneer at you for “punching down.” Greg Lukianoff and Patheos’s “Terry Firma” weigh in on the “Doonesbury” cartoonist’s sad contribution to the Charlie Hebdo discussion. Show More Summary

Campbell conference: copyright and music licensing

14 hours agoIndustries / Law : 43(B)log

Panel V. Copyright and Music Licensing (Moderator, Dean O'Connor) Peter Menell, U.C. Berkeley: We seem to approach fair use depending on how we approach our careers. Lawyers: fair use is attractive b/c it has so much potential. Social science: not so perfect b/c it doesn’t solve core problems in many areas. Show More Summary

Awesome Stuff: Smartphone Proximity Locks For Your Car

15 hours agoIndustries / Law : Techdirt

For this week's awesome stuff, we're trying out a slightly different format. Instead of gathering three new crowdfunded products, we're going to focus on just one and take a slightly closer look at its progress and prospects. Please let us know in the comments if you like this approach, or if you prefer the old format. Show More Summary

Amicus: The Politics of Law

Listen to Episode 15 of Slate’s Amicus: Subscribe in iTunes ? RSS feed ? Download ? Play in another tab With hugely consequential decisions coming down the pike from the Supreme Court later on this spring, there’s been a lot of speculation about how certain key members of the court will vote. Show More Summary

Ohio Settles Dispute Over Early Voting System

Ohio officials have reached a settlement with voter-rights groups over the election schedule in one of the nation’s most closely-watched presidential swing states.

SEC Boss Can't Keep Her Story Straight On Whether Or Not SEC Snoops Through Your Emails Without A Warrant

yesterdayIndustries / Law : Techdirt

For many years now, we've been writing about the need for ECPA reform. ECPA is the Electronic Communications Privacy Act, written in the mid-1980s, which has some frankly bizarre definitions and rules concerning the privacy of electronic information. Show More Summary

Bill Introduced To Fix Broken DMCA Anti-Circumvention Rules

yesterdayIndustries / Law : Techdirt

It's no secret that the DMCA's section 1201 is extremely problematic. It's the "anti-circumvention" part of the law, that makes it illegal to circumvent "technological protection measures" even if it's for non-infringing purposes. This is a mess -- especially in an age of DRM trying to lock up everything. Show More Summary

Campbell conference: Justin Hughes keynote

yesterdayIndustries / Law : 43(B)log

Closing Keynote Address: Justin Hughes In a world of complex laws, like tax regulation, everyone likes the idea of a rule that’s both general and exculpatory—fun and safe because when you’re applying a multifactor test it’s very difficult to be clearly wrong. Show More Summary

DailyDirt: Water, Water, Not Quite Everywhere...

yesterdayIndustries / Law : Techdirt

California hasn't seen much rain over the past few years, and this drought is really serious now. Culprits of high water usage are popping up in various news stories: almond growers, farmers in general, swimming pools, golf courses, fracking, green lawns, car washes, wineries, etc, etc... Show More Summary

Campbell conference: future of digital tech

yesterdayIndustries / Law : 43(B)log

Panel IV. Campbell and the Future of Digital Technologies (Moderator, Dean O'Connor) O’Connor: output of one creative person becomes input for the next. Consider how copyright and fair use work in that system. Robert Brauneis, George...Show More Summary

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