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Will the Supreme Court Keep Convicted VA Governor out of Jail?

The Supreme Court heard its final oral argument of the term this morning, and it was a fittingly weighty one: the case of former Virginia Governor Bob McDonnell. McDonnell was convicted on corruption charges in 2014, stemming from his relationship with a Richmond businessman who gave him nearly $200,000......

FESC: Relax about Town of Gilbert

6 hours agoIndustries / Law : 43(B)log

Enrique Armijo Town of Gilbert: Relax Everybody Presenter: Derek Bambauer Argues that criticism of Reedis overblown/misplaced; argues in favor of the outcome. Cleaned up dicta that caused lower courts to conflate content and viewpoint discrimination. Show More Summary

FESC: Trademark Registration and Free Speech

8 hours agoIndustries / Law : 43(B)log

Rebecca Tushnet TheFirst Amendment Walks Into a Bar: Trademark Registration and Free Speech Presenter: Deven Desai: Latest Trojan Horse in 1A law. §2(a) allows denial of registration for disparaging marks. This piece of TM law is a chance to rethink the 1A in general. Show More Summary

This Week In Techdirt History: April 24th - 30th

9 hours agoIndustries / Law : Techdirt

Five Years Ago The ACTA saga continued this week in 2011, as things began to become quite the mess. Homeland Security complained to the USTR that ACTA was a threat to national security, while the latter was withholding a Congressional Research Service report that confirmed the agreement's highly questionable language. Show More Summary

FESC: First Amendment Theory and Coverage

10 hours agoIndustries / Law : 43(B)log

First Amendment Theory and Coverage Moderator: Ash Bhagwat Jane Bambauer, Derek Bambauer Information Libertarianism Presenter: Morgan Weiland: Important ongoing debate about expansion of 1A doctrine to cover commercial and corporate speech. Show More Summary

Awesome Stuff: Make More Music

13 hours agoIndustries / Law : Techdirt

It's music-making time again! This week, we've got another set of crowdfunded devices that unlock new and unexpected ways to play with sound and create new tunes. Dualo The Dualo is all about making it easy to create music, but that hasn't stopped it from being an interesting device by several professional standards. Show More Summary

FESC: Hate Speech, Political Conversations, and Citizenship

13 hours agoIndustries / Law : 43(B)log

Brian Hutler Hate Speech, Political Conversations, and Citizenship Maggie McKinley: Tension b/t speech and protection of minorities. Integration of distinctive communities and institutions leads to conversations, especially b/c most integrations are by force. Show More Summary

Freedom of Expression Scholars Conference at Yale: Search Engines and Free Speech

14 hours agoIndustries / Law : 43(B)log

Heather M. Whitney & Robert Mark Simpson: Search Engines and Free Speech Coverage Discussant: Heidi Kitrosser: Are search engine results covered by the 1A? Larger question of how we decide what’s salient is part of the paper. Survey relevant 1A case law about algorithms & results. Show More Summary

Amicus: This Is Not Corruption

Listen to Episode 43 of Slate’s Amicus: Subscribe in iTunes ? RSS feed ? Download ? Play in another tab Slate Plus members: Get your ad-free podcast feed. This week, the U.S. Supreme Court heard arguments in McDonnell v. United States, an appeal of the 2014 corruption conviction of Virginia’s former governor. Show More Summary

Redaction Failure In FTC/Amazon Decision Inadvertently Allows Public To See Stuff It Should Have Been Able To See Anyway

yesterdayIndustries / Law : Techdirt

A court has found that Amazon engaged in deceptive practices by not obtaining "informed consent" about in-app charges, especially with apps targeted at children. The finding is perhaps unsurprising, as the world of microtransactionsShow More Summary

New Fiduciary Rule Provides Important Protection for Retirement Investors

yesterdayIndustries / Law : Zamansky

In April, the Department of Labor (DOL) released the final version of a new rule intended to protect retirement investors. The new rule, which begins to go into effect in April 2017 and becomes fully effective on January 1, 2018, provides...Show More Summary

Scientists Looking To Fix The Many Problems With Forensic Evidence

yesterdayIndustries / Law : Techdirt

Everything everyone saw in cop shows as evidence linking people to crimes -- the hair left on someone's clothing, the tire tracks leading out to the road, the shell casings at the scene, etc. -- is all proving to be about as factual as the shows themselves. While much of it is not exactly junk science, much of it has limited worth. Show More Summary

FBI Used FISA Warrant To Prosecute Boeing Employee For Child Porn Possession

yesterdayIndustries / Law : Techdirt

Ellen Nakashima of the Washington Post has the disturbing story of former Boeing employee Keith Gartenlaub, whose home was searched for evidence of his alleged spying for the Chinese. Specifically, the FBI was looking for documents about the military's C-17 transport plane. Show More Summary

DailyDirt: Digging Up The Past

yesterdayIndustries / Law : Techdirt

Though replete with accurate models, well-tested theories and millions of specimens, we're still a long, long way from having a complete picture of the history of life on earth. New discoveries can still upend everything or point toShow More Summary

What’s Behind The New Am Law 100 Numbers?

Michael Allen of Lateral Link analyzes the recently released Am Law 100 rankings.

Appeals Court Applies Statutory Immunity in Wheelchair-Skiing Case

An interesting case was affirmed for the defendant ski-resort at the Sixth Circuit recently, offering refresher insights into the proper means and technique of statutory interpretation. The case involved a lady in a wheelchair on a ski-lift tramway. Despite the prosaic facts, the plaintiff offered some curious legal theories in......

Patentlyo Bits and Bytes by Anthony McCain

Joseph Herndon: Qualtrics v. OpinionLab Steve Brachmann: IP Litigation Report Shows Downward Trends In Patent, File Sharing Copyright And IPR Cases Eric Caligiuri: Court Orders Plaintiff To Pay Defendants’ $8 Million In Attorney’s Fees In Patent Row Lynda J. Oswald: The ‘Strict Liability’ Of Direct Patent Infringement Jacob Gershman: Congress May Be About To Shake […]

Ted Cruz Pushing Bill Protecting Large ISPs From Competition

yesterdayIndustries / Law : Techdirt

We've long noted how ISPs have convinced (read: paid) more than twenty states to pass protectionist broadband laws that prohibit towns and cities from improving their own broadband infrastructure. The bills not only saddle communityShow More Summary

Supreme Court Approves Rule 41 Changes, Putting FBI Closer To Searching Any Computer Anywhere With A Single Warrant

yesterdayIndustries / Law : Techdirt

The DOJ is one step closer to being allowed to remotely access computers anywhere in the world using a normal search warrant issued by a magistrate judge. The proposed amendments to Rule 41 remove jurisdiction limitations, which would...Show More Summary

FBI Spent $1.3 Million To Not Even Learn The Details Of The iPhone Hack... So Now It Says It Can't Tell Apple

yesterdayIndustries / Law : Techdirt

Once the DOJ told the court in San Bernardino that it had succeeded in hacking into the iPhone of Syed Farook, the big question people asked is whether or not the FBI would then tell Apple about the vulnerability. After all, the administration...Show More Summary

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