On Jurisdictional Sequencing

My colleague and friend Alan Trammell, a civil procedure expert, has posted a great new paper to SSRN, titled Jurisdictional Sequencing (47 Georgia Law Review 1099 (2013)). Here’s the abstract: This Article offers a critical re-assessment of subject matter jurisdiction, arguably the most fundamental constraint on federal courts. The project examines the nature and purposes of […]

The Obama Administration and Six Strikes

Soon, major ISPs will be rolling out a “copyright education” program intended to deter infringement. The program, colloquially called “six strikes,” was negotiated between ISPs and the content industries – most notably the RIAA and MPAA. In addition, however, the Obama administration was heavily involved in the negotiations – primarily, it appears, on the side […]

The Fight For Internet Censorship

Thanks to Danielle and the CoOp crew for having me! I’m excited. Speaking of exciting developments, it appears that the Stop Online Piracy Act (SOPA) is dead, at least for now. House Majority Leader Eric Cantor has said that the bill will not move forward until there is a consensus position on it, which is to […]

Threading the Needle

Imagine that Ron Wyden fails: either PROTECT IP or SoPA / E-PARASITE passes and is signed into law by President Obama. Advocacy groups such as the EFF would launch an immediate constitutional challenge to the bill’s censorship mandates. I believe the outcome of such litigation is far less certain than either side believes. American censorship […]

Choosing Censorship

Yesterday, the House of Representatives held hearings on the Stop Online Piracy Act (it’s being called SOPA, but I like E-PARASITE tons better). There’s been a lot of good coverage in the media and on the blogs. Jason Mazzone had a great piece in TorrentFreak about SOPA, and see also stories about how the bill […]

De-lousing E-PARASITE

The House of Representatives is considering the disturbingly-named E-PARASITE Act. The bill, which is intended to curb copyright infringment on-line, is similar to the Senate’s PROTECT IP Act, but much much worse. It’s as though George Lucas came out with the director’s cut of “The Phantom Menace,” but added in another half-hour of Jar Jar […]

America Censors the Internet

If you’re an on-line poker player, a fan of the Premier League, or someone who’d like to visit Cuba, you probably already know this. Most people, though, aren’t aware that America censors the Internet. Lawyers tend to believe that a pair of Supreme Court cases, Reno v. ACLU (1997) and Ashcroft v. ACLU (2004), permanently […]

Transparency, Parsimony, and Marriage

My friend and colleague Anita Bernstein has a great new article up on SSRN, Toward More Parsimony and Transparency in “The Essentials of Marriage.” I particularly like the piece’s emphasis on transparency; marriage seems especially vulnerable to having moral preferences disguised in seemingly neutral laws. Well worth a read! Here’s the abstract: Written for a […]

500 Billion Reasons Why A Little Knowledge Is A Dangerous Thing

Eric Goldman points to a highly enjoyable filing by one David Stebbins against Google, claiming he has won an arbitration award of, wait for it, $500 billion. Even with the tax cuts still in effect, I assume that the government’s cut of this award will help the deficit a good deal. How did Stebbins win […]

Google Books 3.0?

James Grimmelmann, the guru of all things Google Books, reported in a blog post that yesterday’s status conference in the case was relatively uneventful save for two developments. For one, it sounds like Judge Chin is irritated with the parties. He noted that the case is six years old and threatened to set a “relatively […]