All Questions
Tagged with case-law united-states
27
questions
2
votes
1
answer
55
views
Are there any law casebooks that cover UCC Articles 5, 6, and 7?
I am aware of casebooks that cover UCC Article 2, 2A (Sales + Leases); UCC Article 9 (Secured Transactions); UCC Articles 3, 4, and 4A (Payment Systems). I presume UCC 8 is covered by Securities Law. ...
- 23
6
votes
1
answer
526
views
How constitutional is working for hire?
In the USA, copyright law may only be established with respect to the Copyright Clause of the Constitution:
To promote the Progress of Science and useful Arts, by securing for limited Times to ...
- 446
0
votes
1
answer
56
views
Are there legal cases related to trademark infringement for using names inside a work?
Are there any legal cases regarding trademark infringement when a name is used inside a work? E.g a video game containing a location named using a trademarked name.
user48480
2
votes
1
answer
135
views
How is the practice of non-publication of appeal-court opinions of states and the U.S. not in violation of the Fifth and Fourteenth Amendment?
Defendant A is deemed not liable in a suit in light of the facts of the case, fact A, B and C for damages at appeals, but the opinion of the U.S. Court of Appeals for the Nth Circuit is officially ...
- 3,934
0
votes
1
answer
59
views
Is the non-applicability of copyright to software interfaces considered settled law?
In computer software, it's common for a system to expose an Application Programming Interface (API) for other software to interact with it. For example, a smart lightbulb might expose a SetBrightness(...
- 101
2
votes
0
answers
98
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Are there examples of successful prosecution under the Espionage Act for non-classified materials (after that system was adopted)?
As discussed in the NYT regarding the FBI warrant executed on Mar-a-Lago
In particular, a third law the warrant references was Section 793, which carries a penalty of up to 10 years in prison per ...
5
votes
4
answers
1k
views
Is there ever any consultation between judiciary and legislative draftspeople?
Often one sees judges attempting speculatively to infer legislators' intents by reasoning about their language. Yet nonetheless the objective seems to be to ascertain the legislators' original ...
1
vote
2
answers
123
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Must a work be "essential" for fair use to apply?
In comments on this answer (now moved to chat) user supercat wrote:
While there seems to be a belief that use of short clips is automatically fair use, a key requirement of fair use is that the ...
- 114k
1
vote
1
answer
79
views
Schweiker v. Chilicky
Following the Supreme Court case Schweiker v Chilicky, can’t congress theoretically violate the Constitution as long as Congress provides a remedy?
What I mean is that: If I were a congressman, and a ...
- 83
1
vote
1
answer
105
views
Why couldn’t declaratory reliefs in U.S. courts be used as a way forward to stop law-enforcement violence and overturn “qualified immunity”?
Summary of judgement is easier to achieve for civil remedies against claims against the law enforcement since a very narrow construction is used for a wrong having to match the facts of a previously ...
- 3,934
18
votes
2
answers
4k
views
What are the formal requirements to cite the Universal Declaration of Human Rights in U.S. courts?
I understand that there has been no attempt to broaden protections subject to civil rights in the U.S. on the grounds of human rights so there is likely no example for such a reference, but U.S. ...
- 3,934
2
votes
2
answers
725
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Does the maxim "Expressio Unius Est Exclusio Alterius" apply to the rules for dating my teenage daughter? [closed]
Non-lawyer here. Someone I know who IS a lawyer says that the maxim "Expressio Unius Est Exclusio Alterius" governs conduct everywhere, even in non-legal settings. I asked if it governs ...
3
votes
1
answer
363
views
US case law where riling up someone and then telling them to go to a specific location constituted incitement?
It's probably going to be bit transparent what inspired this question, but assume someone gives a long speech in which he declares that an entity is doing terrible things and then urges everyone ...
0
votes
1
answer
58
views
Online Legal Information
I am looking for free access databases that can be used to search docket information and case law search. I came across. https://www.docketalarm.com/ but, I could'nt find the docket information of ...
- 101
1
vote
1
answer
248
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Can you be compelled to testify in English?
This is inspired by this question. Assume that a person has been subpoenaed to testify in a case (either civil or criminal – the person is not the defendant or a party in the case), and the person ...
- 215k