The Government’s War on Encryption, Backdoors, and What in the World Would Antonin Scalia Do?

Earlier this week, the anti-encryption discussiongotelevated to a war. No, a federal court judge did not order Apple to crackthe encryption on the dead terrorists iPhone 5C, though youd be forgiven if thats what you heard or believed, since mainstream media outlets as big as NBC are reporting it that way. Thanks to Mike Masnick(@mmasnick)at […]

Drones and Newsgathering? Now May Not Be The Best Time …

But legislation currently in the works could improve prospects considerably. It seems like everybodys been talking about drones and the myriad ways that they will make our lives better. Even we here in the CommLawBlog bunker have devoted considerable attention to the topic (although were trying to get our readers used to the proper terminology: […]

[Ilya Somin] Justice Antonin Scalia, RIP

Supreme Court Justice Antonin Scalia. (Reuters/Kevin Lamarque/Files) Supreme Court Justice Antonin Scaliapassed awayunexpectedly earlier Saturday. He was the senior associate justice on the Court, and possibly its best-known conservative. Few experts would deny that he was one of the most important and influential Supreme Court justices of the last several decades. Scalias most significant legacy […]

[Eugene Volokh] ‘Israel appoints 7 new Muslim religious court judges’

Prof. Howard Friedman (Religion Clause) reports (paragraph break added): In Israel yesterday, Israeli President Reuven Rivlin and Minister of Justice Ayelet Shaked spoke at a ceremony at the Presidents residence marking the appointment of seven new judges (Qadis) to Israeli Shariah courts that adjudicate Muslim personal status matters. (Ministry of Foreign Affairs press release.) As […]

Is Wi-Fi in Danger?

Upcoming tests seek to predict whether Wi-Fi can survive cell companies using its frequency bands. (Like it says in that disclaimer over to the right, this post reflects the opinions of its author not his law firm, its other lawyers, or its clients.) Wi-Fi may be one of the best ideas anybody ever had. When […]

[Ilya Somin] Top generals say women should be required to register for the draft – but we should instead abolish registration for men

Top Army and Marine Corps generals recently stated that they believe that women should be required to register for the draft, now that they are no longer barred from most combat positions in the armed forces: The top Army and Marine Corps generals told senators Tuesday that it will take up to three years to […]

Case Law: R (on the application of C) v Secretary of State for Justice, An open or shut case? – Alasdair Henderson

When is it right to keepthe names of parties to litigation asecret? That was the difficult question the Supreme Court had to grapplewith in the case ofR(C) v. Secretary of State for Justice ([2016] UKSC 2).The decision to allow a double-murderer to remain anonymous led tooutraged headlinesin the tabloids. Yet the Court reached the unanimous […]

[David Post] My other case is …

One of the least-endearing features of the U.S. legal system is the American Rule the default rule requiring all parties to civil litigation to bear their own costs (including lawyers fees), win or lose, unless theres a special statutory fee-shifting provision applicable to the case. (Contrasted with the English Rule, under which the default is […]

Sag on IP Litigation in United States District Courts, 2015

Wednesday, January 20, 2016 Sag on IP Litigation in United States District Courts, 2015 Matthew Sag, Loyola University Chicago School of Law, has published IP Litigation in United States District Courts – 2015 Update. Here is the abstract. In a previous paper, “IP Litigation in United States District Courts: 1994 to 2014”, I undertook a […]