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Entries Tagged as 'Law'

The Anti-EULA

June 7th, 2010 · 2 Comments

I just noticed this in Cory Doctorow’s sig; sorely tempted to add it to mine:
READ CAREFULLY. By reading this email, you agree, on behalf of your employer, to release me from all obligations and waivers arising from any and all NON-NEGOTIATED  agreements, licenses, terms-of-service, shrinkwrap, clickwrap, browsewrap, confidentiality, non-disclosure, non-compete and acceptable use policies (”BOGUS [...]

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Tags: Law · Tech and Tech Policy

Why, Some of My Best Friends

April 27th, 2010 · 12 Comments

Scan the last paragraph of George Will’s column on Arizona’s round-up-the-darkies law while I take a deep breath:
Non-Hispanic Arizonans of all sorts live congenially with all sorts of persons of Hispanic descent. These include some whose ancestors got to Arizona before statehood — some even before it was a territory. They were [...]

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Tags: Journalism & the Media · Law

The Kagan Kerfuffle

April 20th, 2010 · 20 Comments

James Joyner captures my thoughts on the recent silliness pretty well. Basically, nobody comes out of this looking good.
First, CBS.  Frankly, the journalist in me finds it sort of offensive that they were willing to publish serial plagiarist Ben Domenech on any topic—some things really ought to earn you a lifetime ban from respectable outlets. [...]

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Tags: Horse Race Politics · Journalism & the Media · Law

Framing and the New Paternalism

April 5th, 2010 · 13 Comments

My friend Glen Whitman has an excellent essay over at Cato Unbound that takes aim at what’s been variously called “new” or “soft” or even “libertarian” paternalism. I’ve been relatively open to at least some of the ideas circulating under those banners—at least as libertarians go—but Glen’s arguments certainly provide ample reason for severe skepticism.  [...]

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Tags: Economics · General Philosophy · Law · Libertarian Theory · Nannyism

Speech, Not Speakers

March 16th, 2010 · 5 Comments

I wrote a few posts in the aftermath of Citizens United arguing that the backlash to it had a misplaced focus on whether the court had decided that “corporations are persons” with constitutional rights.   I did think that, in practice, there are many constitutional purposes for which it would be necessary to treat them as [...]

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Tags: Law

Dumb Opinions are Criminalized! Let’s Party!

March 16th, 2010 · 1 Comment

A few years back, during his candidacy for the presidency of South Africa, Jacob Zuma was accused of rape by a longstanding family friend. I don’t know enough about the case to say anything about the legitimacy of the verdict—contemporary reporting depicts disgusting vilification of the accuser and support of the politically powerful accused—but Zuma [...]

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Tags: Law · Sexual Politics

Oversight Theater and Secret Law

March 15th, 2010 · No Comments

It’s always hard to predict the effects of new legislation: Congress can call it a “job creation” bill, but at the end of the day, they’ve got to hope the world cooperates with their good intentions. But for the democratic process to function, legislators at least need to feel reasonably confident that they understand the [...]

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Tags: Law · Privacy and Surveillance

Bad Guys Make Good Law

March 8th, 2010 · 14 Comments

Sane conservatives seem to have joined the backlash against the loathsome smear campaign recently unleashed on Justice Department lawyers who have done pro bono work representing Guantanamo detainees.  They argue, rightly, that we shouldn’t denigrate “the American tradition of zealous representation of unpopular clients.” But I think there’s an important historical point here that deserves [...]

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Tags: Law

The Irreducible Complexity of Copyright

February 16th, 2010 · 10 Comments

A surprising number of the responses to my recent video on social remix complain that the various videos of kids acting out their own versions of the Lisztomania “Brat Pack” mashup video simply don’t count as a form of creativity.  To be sure, they are not  timeless works of starting originality, but this sort of [...]

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Tags: Art & Culture · Law

The Evolution of Remix Culture

February 6th, 2010 · 19 Comments

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Tags: Art & Culture · Law