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Case Law

What is Unconstitutional Animus?

animus

  Today the Supreme Court handed down a significant decision in U.S. v. Windsor, striking down the Defense of Marriage Act (DOMA). Besides the decision, what was of particular interest to me was the reasoning behind the decision – unconstitutional animus. I ...

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George Clinton Loses the Funk

George Clinton Wearing Pirate Costume

  This is one of the best sentences that I never expected to read in a judge’s Order:   A receivership is necessary to ensure justice to the parties and to preserve the Funkadelic master sound recordings.     See ...

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Email Privacy Protected by 4th Amendment

From the EFF Deeplinks blog, in the matter of US v. Warshak: As the Court held today, Given the fundamental similarities between email and traditional forms of communication [like postal mail and telephone calls], it would defy common sense to ...

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You Don’t Own Anything: Vernor v. Autodesk

  Corynne McSherry over at the EFF’s Deeplinks Blog posted a breakdown of a recent decision from the Ninth Circuit in the matter of Vernor v. Autodesk, D.C. No. 2:07-cv-01189-RAJ (PDF download of opinon). In a triumph of legal formalism over reality, ...

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