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Caputo on ‘Quiet’ Enjoyment: Uncovering the Hidden History of the Right to Attention in Private and Public

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  • 2025-06-15 18:56 event
  • 22 hours ago schedule
Nicholas A. Caputo (Oxford Martin) has posted “’Quiet’ Enjoyment: Uncovering the Hidden History of the Right to Attention in Private and Public” (Stanford Technology Law Review (forthcoming 2025)) on SSRN. Here is the abstract: Legal scholars have largely neglected attention as a subject of legal rights, even as attention has become one of the most valuable economic resources of the modern era. This Article argues that a right to attention has existed implicitly in American law since the early twentieth century, emerging in response to technological, social, and economic changes in that period that made attention both increasingly valuable and increasingly impinged upon, as America shifted toward knowledge work and leisure activities that demanded sustained focus. By examining court decisions in private law doctrines around property and public law doctrines around speech that can only be explained by reference to an implicit right to attention, this…

16. Marketing Stem Cell Therapies as a Chiropractor: FDA & Legal Pitfalls to Avoid

  • 17 hours ago schedule
  • cohenhealthcarelaw.com language

Chiropractors marketing stem cell therapies face FDA and FTC enforcement risks due to unapproved treatments and misleading advertising claims. Learn how to avoid regulatory penalties, structure legal partnerships, and ensure compliance with state and federal laws. The post Marketing Stem Cell Therapies as a Chiropractor: FDA & Legal Pitfalls to Avoid appeared first on Cohen Healthcare Law Group | Healthcare Lawyers | FDA & FTC Law.

17. A New War or a New Stage in an Ongoing War – Observations on June 13 Israeli Attack against Iran

  • 18 hours ago schedule
  • justsecurity.org language

The Attack of June 13 On the night between June 12 and June 13, 2025, Israel launched a large-scale attack against  numerous sites and persons in the territory of the Islamic Republic of Iran, including nuclear reactor sites, nuclear scientists, who – according to Israel – were involved in advancing the Iranian nuclear project, senior commanders of the Iranian military and Iranian Revolutionary Guard Corps (IRGC), and a number of military facilities used for storing, transporting and manufacturing surface-to-surface missiles, missile launchers, radar stations and military airfields. According to media reports, some 200 Israeli aircrafts carried out the first wave of attacks, along with unmanned aerial vehicles dispatched from secret bases inside Iran. In its initial statement on the operation – dubbed by the IDF as “Rising Lion” – the IDF described the operation as “a preemptive, precise, combined offensive to strike Iran’s…

18. When Should You Update Your Estate Plan?

  • 19 hours ago schedule
  • raygarcialaw.com language

  An estate plan isn’t something you create once and forget about. It’s meant to reflect your life as it is today, not who you were a decade ago. People come and go, financial situations shift, and your own wishes may evolve over time. If you’re wondering whether your current estate plan still fits, chances are it’s worth taking a fresh look. When Changes Occur in the Family Big life events involving loved ones are some of the most common reasons to revisit your plan. Marriage, for example, often prompts updates to include your spouse in property, healthcare, or guardianship decisions. Divorce has the opposite effect—it’s a moment when you might want to remove someone from your plan entirely or reassign key roles like executor or power of attorney. Bringing a child into your family is another milestone that calls for adjustments. Whether through birth or adoption, it’s important to name a legal guardian and think through how your…

19. QUICK NOTE: PROCURE WORKER’S COMPENSATION IN THE NAME OF YOUR COMPANY IF YOU ARE A GENERAL CONTRACTOR

  • 19 hours ago schedule
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If you are a general contractor (or the contractor responsible for hiring subcontractors), please make sure to procure a worker’s compensation and employer’s liability insurance policy.  Also, don’t think you are “fully covered” if you have worker’s compensation through a professional employer’s organization, otherwise known as a PEO. If you go with a PEO, or are statutorily exempt from worker’s compensation, then you need to make sure ALL of the subcontractors you hire have worker’s compensation and employer’s liability insurance. No exception. Ever. The risk is much greater than any reward. In construction under Florida law, the general contractor is deemed the “statutory employer” for purposes of worker’s compensation.  This means that if a subcontractor does not have worker’s compensation, then the general contractor’s worker’s compensation policy is required to cover…

20. Five Lessons from Kersch’s Conservatives and the Constitution for the Present Moment

  • 21 hours ago schedule
  • balkin.blogspot.com language

For the Balkinization symposium in honor of Ken Kersch James E. Fleming and Linda C. McClain We had the good fortune and great pleasure to be good friends of and in intellectual conversation with Ken Kersch. We appreciate the opportunity, through this Balkinization symposium on his work, to try to honor his legacy by offering some thoughts on his erudite and sobering work concerning conservative political and constitutional thought in the U.S.A recent “Best Sellers” list in the New York Times Book Review describes Timothy Snyder’s On Tyranny as follows: “Twenty lessons from the 20th century about the course of tyranny.” Kersch’s Conservatives and the Constitution: Imagining Constitutional Restoration in the Heyday of American Liberalism (2019) provides at least twenty lessons from the second half of the 20th century about the development of conservative constitutional thought and activism. These lessons are relevant for…

21. This Week in Regulation for Broadcasters:  June 9, 2025 to June 13, 2025

  • 21 hours ago schedule
  • broadcastlawblog.com language

Here are some of the regulatory developments of significance to broadcasters from the past week, with links to where you can go to find more information as to how these actions may affect your operations. The FCC’s Media Bureau announced that June 10 is the effective date for the FCC’s modified broadcast foreign sponsorship identification rules, but the announcement stated that the FCC would delay its enforcement until December 8 to give broadcasters time to comply with the new rules.  In June 2024, the FCC released a Report and Order providing a written certification with standardized language that a broadcaster could use to determine whether those who “lease” program time on their stations are foreign government agents (see our discussion here).  Use of this new form, or another form with comparable language, will be required after December 8.  The 2024 decision also required that, for paid PSAs and other spots that are not for…

22. Mantegna on ARTificial: Why Copyright Is Not the Right Policy Tool to Deal with Generative AI

  • 22 hours ago schedule
  • ailawblawg.com language

Micaela Mantegna (Berkman Klein Center) has posted “ARTificial: Why Copyright Is Not the Right Policy Tool to Deal with Generative AI” (The Yale Law Journal Forum | April 22, 2024) on SSRN. Here is the abstract: The rapid advancement and widespread application of Generative Artificial Intelligence (GAI) raise complex issues regarding authorship, originality, and the ethical use of copyrighted materials for AI training. As attempts to regulate AI proliferate, this Essay proposes a taxonomy of reasons, from the perspective of creatives and society alike, that explain why copyright law is ill-equipped to handle the nuances of AI-generated content. Originally designed to incentivize creativity, copyright doctrine has been expanded in scope to cover new technological mediums. This expansion has proven to increase the complexity and uncertainty of copyright doctrine’s application—ironically leading to the stifling of innovation. In this Essay, I warn that…

23. Goodyear on Artificial Infringement

  • 22 hours ago schedule
  • ailawblawg.com language

Michael Goodyear (New York U Law) has posted “Artificial Infringement” (UC Law Journal, Forthcoming) on SSRN. Here is the abstract: Generative AI is changing the way we do everything from legal research to artistic creation. This is possible through recent advances in machine learning that allow AI systems to program themselves. With greater AI capacity, however, comes increasingly unpredictable outputs. AI systems will often generate an output the user and the developer never considered. Sometimes, these unforeseen outputs can infringe others’ copyrights in creative works. In the past two years, copyright law has become one of the leading legal and policy battlegrounds for generative AI. Yet the question of who should be liable when AI systems infringe has barely been addressed. By examining the historical and doctrinal response of copyright law to new technologies, this Article offers a new analytical framework for determining liability for what it terms…

24. Cohen on Oligarchy, State, and Cryptopia

  • 22 hours ago schedule
  • ailawblawg.com language

Julie E. Cohen (Georgetown U Law Center) has posted “Oligarchy, State, and Cryptopia” (94 Fordham L. Rev. (forthcoming)) on SSRN. Here is the abstract: Theoretical accounts of power in networked digital environments typically do not give systematic attention to the phenomenon of oligarchy—to extreme concentrations of material wealth deployed to obtain and protect durable personal advantage. The biggest technology platform companies are dominated to a singular extent by a small group of very powerful and extremely wealthy men who have played uniquely influential roles in structuring technological development in particular ways that align with their personal beliefs and who now wield unprecedented informational, sociotechnical, and political power. Developing an account of oligarchy and, more specifically, of tech oligarchy within contemporary political economy therefore has become a project of considerable urgency. This essay undertakes that project. As I will…

25. Caputo on ‘Quiet’ Enjoyment: Uncovering the Hidden History of the Right to Attention in Private and Public

  • 22 hours ago schedule
  • ailawblawg.com language

Nicholas A. Caputo (Oxford Martin) has posted “’Quiet’ Enjoyment: Uncovering the Hidden History of the Right to Attention in Private and Public” (Stanford Technology Law Review (forthcoming 2025)) on SSRN. Here is the abstract: Legal scholars have largely neglected attention as a subject of legal rights, even as attention has become one of the most valuable economic resources of the modern era. This Article argues that a right to attention has existed implicitly in American law since the early twentieth century, emerging in response to technological, social, and economic changes in that period that made attention both increasingly valuable and increasingly impinged upon, as America shifted toward knowledge work and leisure activities that demanded sustained focus. By examining court decisions in private law doctrines around property and public law doctrines around speech that can only be explained by reference to an implicit right to attention, this…

26. How a Title Search Protects Your New Real Estate Purchase

  • 23 hours ago schedule
  • raygarcialaw.com language

  Buying property in Miami or anywhere in South Florida can feel like a gold mine of opportunity. Whether you plan to live in the home or are buying it as an investment property, the process is more than just handing over money and signing paperwork. A property can carry old debts, disputes, or restrictions that aren’t obvious at first glance. That’s where a title search comes in. A title search helps uncover hidden risks before you commit your hard-earned money. What is a Title Search and Who Conducts It? A title search is the process of reviewing legal records to confirm who owns a piece of property and whether that ownership is clear of problems. This search pulls information from public sources like court files, property records, tax databases, and more. The goal is to confirm that the person selling the property has the legal right to do so and that nothing is standing in the way of a clean transfer. In Florida, title searches are usually handled by real…

27. Legal Theory Lexicon: The Counter-Majoritarian Difficulty

  • 1 day ago schedule
  • lsolum.typepad.com language

Introduction The counter-majoritarian difficulty (sometimes dilemma) may be the best known problem in constitutional theory. The phrase is attributed to Alexander Bickel—a Yale Law School Professor—who is said to have introduced it in his famous book The Least Dangerous Branch: The Supreme Court at the Bar of Politics.  Whatever Bickel actually meant by the phrase, it has now taken on a life of its own. The counter-majoritarian difficulty states a problem with the legitimacy of the institution of judicial review: when unelected judges use the power of judicial review to nullify the actions of elected executives or legislators, they act contrary to “majority will” as expressed by representative institutions. If one believes that democratic majoritarianism is a very great political value, then this feature of judicial review is problematic. For at least two or three decades after Bickel’s naming of this problem, it dominated constitutional…

28. San Francisco Bay Area Financial Elder Abuse Attorneys: Theft By Financial Powers Of Attorney

  • 1 day ago schedule
  • evanslaw.com language

ATTORNEY NEWSLETTER Broad Authority Over All Financial Matters Risk Of Theft Remedies For Injured Seniors Powers of Attorney (POAs) are important and powerful legal documents that grant the agent appointed under the POA full legal authority to act for the principal who executes the POA.  There are powers of attorney […] The post San Francisco Bay Area Financial Elder Abuse Attorneys: Theft By Financial Powers Of Attorney appeared first on Evans Law Firm, Inc..

29. Protecting your Brand from Grey Market Products Coming Into or Out of Korea

  • 1 day ago schedule
  • thekoreanlawblog.com language

Parallel Importing, in general, is legal in Korea. A grey market import, also known as parallel import, is the sale of a product through unofficial/unauthorized channels. Often, this occurs across international borders. For example, the goods are purchased in the United States, where they are readily available, and then imported into Korea, where they are more expensive or difficult to obtain through official channels. Some manufacturers have different pricing in different markets; thus, they wish to maintain this pricing by restricting these parallel imports. The products themselves are authentic products; this is not to be confused with knockoffs, but the distribution outside the manufacturer’s or brand owner’s authorized network is why these imports are characterized as a grey market import.  Legality of Grey Market Imports in Korea The Supreme Court of Korea ruled in 2002 in the landmark Burberry Case in Korea that: “As a consequence, in spite of…

30. An Uncertain Future For U.S. Energy Policy

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  • theregreview.org language

In a conversation with The Regulatory Review, Professor Emily Hammond provides their perspective on the Trump Administration’s efforts to control independent agencies and how those efforts may influence U.S. energy and environmental policies. Hammond also reflects on their background as an engineer conducting environmental remediation and how that work prepared them for a subsequent career as a lawyer and legal scholar. The Trump Administration has claimed authority over independent agencies such as the Federal Energy Regulatory Commission (FERC). This shift in how the President interacts with these agencies could profoundly impact U.S. energy policy. Hammond explains how a loss of agency independence could result in uncertainty, making it more difficult for climate-friendly energy companies to enter the market. They also express concern over the potential reversal of the U.S. Environmental Protection Agency’s (EPA) endangerment finding—that six greenhouse…

31. How to Change Custody Orders After a Life Event

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  • harriscooklaw.com language

Custody orders play a big role in family law, helping keep things smooth for children when parents go their separate ways. They set the rules for who the child lives with, how much time they spend with each parent, and who makes important decisions about their upbringing. But as life goes on, things change, and so might the needs of the child and their parents. Sometimes, a big event like moving to a new city, a change in a parent’s job, or health issues might mean a need to rethink these custody arrangements. Dealing with changes in custody can seem tough, but it’s a journey that doesn’t have to be taken alone. With the right guidance, adjusting to new circumstances can become a lot more manageable. Understanding when and how to seek modifications is the first step, and recognizing when a change is necessary can lead to a more stable environment for everyone involved. Understanding When to Change Custody Orders Life has a way of throwing us…

32. Human Rights Watch calls on G7 leaders to sanction Israeli officials

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  • jurist.org language

Human Rights Watch (HRW) on Thursday called for the G7 leaders to denounce and sanction Israeli officials for recent actions in the the ongoing Israel-Hamas war in the Gaza Strip. The call came days ahead of the G7 summit to be held in Kananaskis, Canada. The HRW letter called on leaders to use the summit to focus their attention on preventing further human rights abuses and atrocities in both Gaza and the West Bank by encouraging the adoption of sanctions on Israel. Measures listed “targeted sanctions against Israeli officials,” an arms embargo, and a reevaluation of bilateral agreements with Israel, with the potential of suspending them. In a statement issued Friday, HRW chief advocacy oficer Bruno Stagno noted contradictory behavior of many G7 nations that have effectively given Israel a “green light” to continue its campaign of “killing, starvation and forced displacement of its people.” Stagno raised concerns over the selectivity of…

33. A Bill Like No Other

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  • balkin.blogspot.com language

      Over the past few months, the nation’s attention has darted between the chaos and cruelty of Elon Musk’s vandalizing the federal government, the merciless brutality of official assaults on innocent immigrants, the Trump Administration’s wanton disregard of numerous statutes and court orders, its demolition of decades of civil rights progress, its multi-front war on science and higher education, its steady march toward greater authoritarianism, its wildly disruptive on-again-off-again trade wars, its betrayal of and threats against dependable allies, and its humiliation of numerous large law firms – along with a cornucopia of scandals, soap operas, and corruption.  Each is appalling in its own right, and cumulatively they augur badly for the future of this country as we have known it.      It therefore should not be surprising that President Trump’s transformative reconciliation bill has flown…

34. The Truth About Trump’s Bankruptcies

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Trump Bankruptcies and The Reality When people hear the word “bankruptcy,” it often evokes images of financial failure and ruin. So when it comes to someone as high-profile as Donald J. Trump, a real estate mogul turned U.S. President, the word takes on even greater significance. Critics frequently point to Trump’s multiple corporate bankruptcies as evidence of financial mismanagement, while supporters argue they reflect savvy business strategy within a volatile industry. Understanding Bankruptcy Before diving into the details of Donald Trump’s business bankruptcies, it’s necessary to first understand what bankruptcy actually means, especially in the world of high-stakes real estate and corporate finance. Bankruptcy isn’t always a sign of personal failure or mismanagement; in fact, it can be a strategic legal tool used by companies to stay afloat during tough…

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