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Your Government is Spying on You Online. Here’s What You Can Do About It

Appeared in the Toronto Star on May 23, 2015 as Your Government is Spying on You Online. Here’s What You Can Do About It Another week, another revelation originating from the seemingly unlimited trove of Edward Snowden documents. Last...Show More Summary

Friend-of-Court Briefs Raise Recusal Questions for Justices

Three Supreme Court justices own stock in such companies as Chevron Corp., International Business Machines Corp. and Microsoft Corp., and they recuse themselves when those corporations have cases before the court. But an advocacy group says those justices should also sit out cases when companies in which they are invested sign on to friend of the court briefs.

Is This The End of RICO?

The short answer is “no.” We are just borrowing a line from one of the original gangster movies, “Little Caesar,” which readers other than McConnell would most likely know from references in “The Sopranos,” if they know it at all. (Or...Show More Summary

New book chapter on young women and transformative works

yesterdayIndustries / Law : 43(B)log

Busy week, part N: I have a new chapter, Transformative Works: Young Women’s Voices on Fandom and Fair Use, with Betsy Rosenblatt in a book edited by Jane Bailey and Valerie Steeves from U Ottawa Press, eGirls, eCitizens, available as a full book online here. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

Morning Docket: 05.28.15

As it turns out, Marilyn Mosby, State's Attorney for Baltimore, has been a legal all-star for much of her adult life. Not only did she file charges against police officers in the death of Freddie Gray, but she won a case in front of Judge Judy. Show More Summary

An Innocent Pressure Cooker Pays The Price In The War On Terror

yesterdayIndustries / Law : Techdirt

We talk a lot about "disruption" here at Techdirt, although generally not in this context. Police Lt. Kimberly A. Schneider told The Associated Press that Capitol Police officers on routine patrol spotted the parked, unoccupied vehicle on a street on the mall west of the Capitol around 5 p.m. Show More Summary

FIFA: “Use of an American bank”

The federal government is bringing charges against the leadership of FIFA, the international soccer association, and Switzerland has arrested them in accord with American wishes. But are the jurisdiction of U.S. courts and U.S. criminal...Show More Summary

Even Before TPP And TTIP, US Already Being Forced To Change Laws By Trade Agreements

yesterdayIndustries / Law : Techdirt

Recently, we looked at how corporate sovereignty provisions undermine democracy by irrevocably binding future governments. The analysis was framed in terms of the UK's situation, but applied more generally to any country that signs up to investor-state dispute (ISDS) mechanisms in trade agreements. Show More Summary

If they choose our dues, low pay’s OK

“Labor leaders, who were among the strongest supporters of the citywide [$15 and indexing] minimum wage increase approved last week by the Los Angeles City Council, are advocating last-minute changes to the law that could create an exemption...Show More Summary

Police and community roundup

Not just motorists: revenue-hungry St. Louis County municipalities mulct residents and homeowners with tickets over toys in yard, missing shingles, overgrown trees [St. Louis Post-Dispatch] So hard to convict: six officers from notorious...Show More Summary

Court Shuts Down NYPD's Argument That When Searching For Black Male Suspects, Any Black Male Will Do

yesterdayIndustries / Law : Techdirt

Racial profiling certainly appears to be a problem for some law enforcement agencies. It's not often you hear the government arguing that it should be allowed to profile citizens racially, but that's exactly what it did. Unsurprisingly,...Show More Summary

Patentlyo Bits and Bytes by Anthony McCain

Blake Brittain : What’s My Name?: Rihanna’s “Robyn” Registration Opposed by DC Comic Doug Schoen : The Patent Process in America is Broken Joe Mullin: “Copyright trolling” Movie Studio gets hit with Godzilla-Sized Lawsuit Michael Borella : Allvoice  v. Microsoft. Grantland Drutchas : Patent Suit Filings in 2014 had Reduced by 13%  Get a […]

DailyDirt: Computers Creating Content...

yesterdayIndustries / Law : Techdirt

Artificial intelligence is getting better and better. Computers can beat humans at all kinds of games without breaking a sweat. To stay ahead of the machines, we keep moving the goalposts on what qualifies as "strong AI" by coming up with more and more tests that computers can't quite pass. Show More Summary

Sanctioned Firm Seeks to Stop Court From Questioning Clients

A large class action law firm has filed a writ of mandamus with the Third Circuit, seeking to prevent a court appointed special master from interviewing its plaintiffs. The firm, Hagens Berman Sobol Shapiro, gained prominence due to its role in the $260 billion tobacco settlement in the late......

What to Do When Opposing Counsel Won't Play Nice

We've written before about how lawyers do (or at least, should) extend each other professional courtesies. These small actions, like not objecting to reasonable discovery requests or scheduling depositions at convenient times and places, amount to treating opposing counsel with respect. Some lawyers, though, think that any amount of cordiality......

6th Cir. Creates Split in Private Searches on Computers

What are the limits of the "private search doctrine" when it comes to a computer? The Sixth Circuit answered that question last week in a case that is sure to make it to the Supreme Court. Aaron Lichtenberger was arrested for failing to register as a sex offender. His girlfriend,......

Cass Sunstein on 'Star Wars' and Constitutional Law

Chief Justice John Roberts once famously criticized the irrelevancy of modern-day law review articles (even though he cites to them often in his opinions). Who cares about "the influence of Immanuel Kant on evidentiary approaches in 18th-century Bulgaria, or something"? There's one thing we can all agree on, though, and......

IRS Data Breach Exposes Tax Returns and Weak Security

The IRS announced yesterday that it had suffered a data breach with allowed criminals to gain access to the tax return information of more than 100,000 tax payers. That information could have then been used to file fraudulent returns -- and receive fraudulent refunds. The hacking, which was limited......

Court Refuses to Lift Injunction Against Obama's Immigration Plan

President Obama's executive actions on immigration won't be implemented in the Fifth Circuit within the near future, after the court of appeals refused this afternoon to lift a lower court's injunction against the program. After Obama took action to stem the deportation of non-citizen parents and children, 26 states......

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