EFF to Court: The DMCA Didn't Create a New Right of Attribution, You Shouldn't Either

From Sixth Circuit Judge Julia Gibbons, sitting by designation on M.D. Tenn., in today's Welty v. Dunaway: [A Tennessee law, § 39-15-201,] makes it a crime to "intentionally recruit[ ] … a pregnant unemancipated minor" in Tennessee "for the purpose of" obtaining an abortion that would be illegal in Tennessee. But § 39-15-201 does not merely bar recruitment of minors to facilitate illegal abortions in Tennessee; it bars recruitment of minors to facilitate abortions "regardless" of where the procedure occurs. In other words, the law prohibits recruiting an out-of-state abortion that is entirely legal in that state, so long as it would be illegal in Tennessee…. Section 39-15-201 contains a few exceptions, including one for "the provision of a medical diagnosis or consultation regarding pregnancy care of an unemancipated minor," as long as that consultation does not involve an actual attempt to terminate the…

Avihay Dorfman (Tel Aviv University - Buchmann Faculty of Law) & Alon Harel (Hebrew University of Jerusalem - Faculty of Law) have posted Constitutionalism and Majoritarianism Reconciled on SSRN. Here is the abstract: This paper defends the view that both constitutional provisions-norms that are not dependent on our choices-and statutory provisions-norms that are contingent on our choices-are necessary features of a liberal democracy. We make the case for institution dependent goods, arguing that some goods (e.g., marriage equality) depend for their existence on being produced by the right law-making institution with its own characteristic deliberative process. The institution that brings a legal norm into being (and the deliberation by which it was brought into being) determines the value of the norm. Hence, we conclude that individuals may sometimes have an interest (or even a right) that their legal rights be protected by a certain institution, say, the legislature…

By Irina Tarsis On July 27, 2025, Valery Gergiev, laureate of many prestigious awards, once the top-paid cultural figure in the Russian Federation,[1] and a personal friend of President Vladimir V. Putin[2] was scheduled to conduct a concert at the Reggia di Caserta, outside of Naples, in Italy. All this, from public sources. What?! Reader may be as incensed as this author by this bit of summer news. What is this staunch Kremlin-supporter conductor doing returning to Italy, having made no amends? And what is his name doing on the Center for Art Law page?! What about the unwritten ban on Gergiev from European tours and our general exclusion of non-visual art law topics? Sometimes, exceptions prove the rule. The fine line between what is legal, permissible and morally dubious certainly applies to all arts forms, including the visual. There certainly have been colorful and controversial cultural figures, eg. Leni Riefenstahl and Somerset Maugham just to name a couple–…

If you’ve suffered an injury as the result of another party’s negligence, you probably have a lot of questions about your legal options. Here at Gainsberg Law Injury and Accident Lawyers, we are well-acquainted with some of the most pressing questions clients have about the personal injury claims process. Whether you’re recovering from injuries caused by a car accident, slip and fall incident, medical malpractice or other serious incident, we’re here to help you understand your options clearly and confidently. Below, we’ve answered some of the most frequently asked questions our attorneys receive during consultations and throughout the course of a case. Read on to get your questions answered and to learn more about the personal injury claim process here in Chicago. Personal injury questions and answers You’ve got questions, and we’ve got answers. Here are some of the questions we most often receive from prospective and current personal…

The Oldest Constitutional Question is a superb book, full of penetrating insights and cogent arguments.  Richard Primus has been thinking about enumerated powers for a long time, and it shows.  The book will, I hope, go a long way toward changing the existing conversation in constitutional law, although whether it has any influence on the courts in the near term seems more questionable. The orthodoxies Primus seeks to challenge may be too deeply entrenched for its practical impact to be felt any time soon. But over a longer horizon, I suspect that not only many scholars, but also quite a few judges, will come to view it as an important milestone.  As Thomas Kuhn famously explained, paradigms shift when anomalies pile up and researchers come to recognize that a better explanation of the relevant evidence in a given domain can be constructed in which many of those anomalies become more intelligible, or simply disappear.  Constitutional law is not physics…

Slovenia just authorized medical aid in dying. The patient must have a condition that cannot improve and suffer unbearable pain or psychological stress, or both. Patients must express their intention to their doctor twice before submitting a formal request that the doctor forwards to a special commission along with their own opinion.The commission would appoint an independent doctor to assess the applicant's condition, and a psychiatrist to assess the applicant's ability to make a decision.Patients must ingest or inject the legal substance themselves, and healthcare workers, from nurses and doctors to pharmacists, would have the option of refusing participation in assisted dying.

By Perplexity — Legal Affairs Analysis A federal judge has dealt a significant blow to presidential power, ruling that Donald Trump violated federal law when he fired Democratic FTC Commissioner Rebecca Kelly Slaughter in March 2025. U.S. District Judge Loren AliKhan reinstated Slaughter, declaring she “remains a rightful member of the Federal Trade Commission until the expiration of her Senate-confirmed term on September 25, 2029.” The ruling hinges on the Supreme Court’s 1935 Humphrey’s Executor v. United States, 295 U.S. 602 decision, which established that FTC commissioners can only be removed “for inefficiency, neglect of duty, or malfeasance in office” – not simply because their views conflict with the president’s priorities. Judge AliKhan emphasized that Congress deliberately designed the FTC as an independent agency to protect it from political interference. This case represents a broader constitutional battle…

In the heat of an argument — whether it’s a tense negotiation or a spirited debate among colleagues — lawyers often feel a reflexive pull to win the point. We’re trained for it. Law school hones our ability to spot laws in logic, dismantle weak arguments, and, let’s be honest, enjoy the intellectual high ground. In the business world, especially in corporate legal departments where relationships, influence, and outcomes often stretch beyond the board room, there’s a crucial distinction many of in-house lawyers miss: Do you want to beat them? Or do you want to win? This was the subject of a recent LinkedIn post by Joshua Horenstein, chief human resources officer and chief legal officer at Innophos, an international ingredients manufacturer with over 1,500 employees worldwide.  As Joshua points out, beating and winning can sound like similar concepts, but they are actually very different. Beating someone is about proving…

With today’s growing globalization and mobile workforce, it’s more common than ever for individuals to move to another city, state, or even country in pursuit of a new career, education, or lifestyle opportunity. While these transitions can be exciting, they often become complex and emotionally charged when they involve the relocation of a parent who shares custody of a minor child. If you are a parent concerned about your co-parent’s desire to relocate with your child—or if you’re considering a move yourself—it’s important to understand how relocation is treated in family law, particularly in Ohio. What is a “Relocation” in Custody Cases? In family law, a relocation usually refers to a move by one parent that would significantly disrupt the existing parenting time schedule. This could mean crossing state lines, or even just moving far enough within the state that it disrupts regular visitation. In Ohio, if a custodial…

A long hot summer for AI At the recent Senate Judiciary Subcommittee hearing titled “Too Big to Prosecute: Examining the AI Industry’s Mass Ingestion of Copyrights,” Chairman Josh Hawley and his colleagues drilled into a question many creators have been asking for months: How do AI giants like Meta steal the vast datasets they use to train their models? And why aren’t they all in jail? And jail was clearly on the mind of Senator Hawley and his colleagues. Thanks to unsealed court filings and the Congressional testimony of several witnesses, we now have a stunning piece of the puzzle on the actual table that is almost too stupid to believe: Meta used BitTorrent to download tens of terabytes of pirated books from pirate sites like LibGen and Anna’s Archive. And if that wasn’t stupid enough, Meta’s torrenting was approved by Mark Zuckerberg himself. Which was almost as stupid as the multiagency sting operation that caught Larry Page…

From a recent email message: The University of Iowa College of Law seeks applicants for one or more tenure-track faculty positions. We have a strong interest in applicants who possess excellence in their academic and professional backgrounds. Entry-level and lateral candidates are welcome to apply. The College of Law’s primary hiring interest is in business, corporate, and commercial law. Consistent with the mission and responsibilities of a top-tier public research university, we are interested in candidates who are recognized scholars and teachers and who will participate actively in the intellectual life of the College of Law. In addition, we desire candidates with a demonstrated ability to maintain effective and respectful working relationships with the campus community to uphold a standard of cultural competency and respect for differences. We also desire candidates who would bring significant new scholarly strengths to the College of Law.…

The term “burnout” has become more and more common in the modern workforce. But for lawyers, this isn’t just the latest buzzword — burnout is a real problem with serious consequences.  The high demands of the legal profession, constant deadlines, and heavy emotional burdens can take a toll on attorneys. Law firms and legal professionals must face the issue of lawyer burnout head-on. Below, we explore how to recognize the signs of lawyer burnout, as well as ways to prevent and recover from it. What Is Lawyer Burnout? Lawyer burnout is a state of physical, mental, and emotional exhaustion brought on by chronic workplace stress. Attorneys dealing with burnout might notice their motivation slipping, struggle to focus on details, or feel numb or irritable. If left unchecked, lawyer burnout can result in mental health concerns and affect work productivity. Often, relationships with colleagues, clients, and partners feel strained. You may…

Columbia Global Freedom of Expression seeks to contribute to the development of an integrated and progressive jurisprudence and understanding on freedom of expression and information around the world.  It maintains an extensive database of international case law. This is its newsletter dealing with recent developments  in the field. The battle for freedom of expression continues in Hong Kong. This week, in one of the city’s largest courtrooms, as part of the region’s largest national security case, the appeal hearings began for 13 individuals of “Hong Kong 47.” In this collective case, out of the 47 pro-democracy activists, 45 were convicted and sentenced to prison; their terms range from 4 years and 2 months to a decade in jail. “This appeal hearing is a chance for the courts to start righting the wrongs of this unprecedented mass prosecution,” Sarah Brooks, Amnesty International’s China Director, said in…

An Ohio appellate court affirmed a judge’s finding that a defendant charged with DUI (called ‘OVI’ in Ohio) was competent to stand trial.  The requirement of competency to stand trial is a long-standing principle based on traditional philosophies of fairness in criminal proceedings.  This article discusses the definition of incompetency, the rationale behind the principle, and the process followed when the issue is raised. What is Competency to Stand Trial?In Ohio criminal law, competency refers to a defendant’s mental condition at the time of trial.  A defendant is incompetent to stand trial if he does not understand the legal proceedings or is unable to assist in preparing his defense.  In Dusky v. United States, the United States Supreme Court set forth a test for determining competency:  “The test must be whether he has sufficient present ability to consult with his lawyer with a reasonable degree of rational…

[It would be a terrible idea to appoint a special counsel to investigate the Jeffrey Epstein suicide and scandal.] President Donald Trump has had an extraordinary first six months in office. To mention just a few of the great things he has done: (1) President Trump bombed Iran to prevent the most terrorist-friendly nation in the world from getting a nuclear bomb; (2) he then ended the Israeli-Iranian war in 12 days, and stopped a war from starting between two nuclear-armed powers, Pakistan and India, which is a lot more than President Obama ever did to win a Nobel Peace Prize; (3) he has eliminated what had been a torrent of illegal aliens entering the U.S. by crossing the Mexican-American border, which President Biden had allowed; (4) he cut taxes by 4.5 trillion dollars from 2025 through 2034; (5) he is succeeding where even President Reagan failed in eliminating the unconstitutional Department of Education; (6) his Justice Department appears to have persuaded six Supreme…

Where you come from shouldn’t determine how you’re treated at work. But for too many New Yorkers, national origin discrimination is a daily reality—whether it’s being mocked for an accent, passed over for promotions, or treated unfairly based on ethnicity or immigration status. New York City is one of the most diverse places in the world. That diversity should be celebrated, not used against you. Fortunately, both federal and local laws protect workers from discrimination based on national origin, and these protections are among the strongest in the country. If you think something’s not right at work, let’s explore what the law says and how you can stand up for your rights. What Is National Origin Discrimination? National origin discrimination happens when an employer treats someone unfairly because of their ancestry, ethnicity, native language, accent, or perceived national background. It can also apply when someone is treated…

Public-school students don’t have ‘supercharged right’ to be taught critical race theory, 8th Circuit says

Finding the top injury lawyer in St. Louis means choosing a legal professional with proven experience, strong trial skills, and a record of securing fair compensation for clients. The best injury lawyers in St. Louis combine local knowledge with a track record of winning cases, ensuring clients receive effective representation without upfront fees. These lawyers specialize in handling various personal injury claims, including car accidents, slip and fall incidents, and wrongful death cases. Their approach often involves standing up to insurance companies to maximize client recoveries, backed by a team equipped to manage complex legal challenges. Clients seeking top lawyers benefit from firms with extensive resources and decades of experience in the St. Louis area. This combination is crucial for navigating legal claims efficiently while focusing on what matters most: achieving just results for those injured. Why Choose a Top Injury Lawyer in St Louis? Selecting a skilled…