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The Latest Breaking News from Westlaw

Setting the Wayback Machine to 1995: "Cheap Speech and What It Will Do": Books, Magazines, and Newspapers: How the New Media Will Change What Is Available

[This is an excerpt from my 1995 Yale Law Journal article "Cheap Speech and What It Will Do," written for a… The post Setting the Wayback Machine to 1995: "Cheap Speech and What It Will Do": Books, Magazines, and Newspapers: How the New Media Will Change What Is Available appeared…

Reason

11 Court Opinions in the Last 30 Days Mention AI-Hallucinated Material, and …

that's likely just the tip of the iceberg.

Reason

Crazy Love Doesn't Toll the Statute of Limitations

From the Feb. 19 Nevada Court of Appeals decision in Breslaw v. Bd. of Regents, just recently posted on Westlaw:… The post Crazy Love Doesn't Toll the Statute of Limitations appeared first on Reason.com.

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Using copyrighted material to train AI isn’t always fair use, judge rules. But what are the implications for photographers?

In a copyright infringement lawsuit filed by Thomson Reuters, a federal judge has ruled that AI competed with the original material

Digital Camera World

"Florida Woman Convicted of Civil Rights Conspiracy Targeting Pregnancy Resource Centers"

From a Justice Department statement, released Dec. 10 but just posted on Westlaw: Gabriella Oropesa, of Cooper City, Florida, was… The post "Florida Woman Convicted of Civil Rights Conspiracy Targeting Pregnancy Resource Centers" appeared first on Reason.com.

Reason

Guilty Plea for Death Threats to Synagogue Related to Israeli-Palestinian Conflict

From a press release by the federal prosecutor's office in Massachusetts, released Nov. 25 but just posted on Westlaw: A… The post Guilty Plea for Death Threats to Synagogue Related to Israeli-Palestinian Conflict appeared first on Reason.com.

Reason

Woman Pleads Guilty for Threat Left on Voice-Mail of Judge Tanya Chutkan, Who Was Presiding Over Trump's Election Interference Trial

[UPDATE 12/26/2024, 7:36 pm: I erroneously titled this post "woman sentenced for …" (likely because I had been reviewing some… The post Woman Pleads Guilty for Threat Left on Voice-Mail of Judge Tanya Chutkan, Who Was Presiding Over Trump's Election Interference Trial appeared first on Reason.com.

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Calling Girlfriend "Whore," "Slut," and "Bitch" Doesn't Fit Within "Fighting Words" Exception to First Amendment

From Judge Neeti Pawar's opinion in People v. Hughes (Colo. Ct. App.), joined by Judges Anthony Navarro and Sueanna Johnson (decided last month, but just posted to Westlaw recently): When Hughes returned from an overseas military deployment, his girlfriend, who lived in Virginia, A.B., met him in Colorado Springs. One…

Reason

Protesting Outside School, Calling Principal a Racist, Is Protected by the First Amendment

From Johnson v. Knox County Bd. of Ed., decided Mar. 31 by Judge J. Ronnier Greer (E.D. Tenn.), but just recently posted on Westlaw; seems correct to me: Plaintiffs allege the following facts: On the afternoon of March 31, 2022, Rebekiah Johnson, and her young adult son Shaque Johnson went…

Reason

Empty Threats to Sue Donors of Entity That Allegedly Defamed You Could Be Tortious

American Muckrakers PAC, Inc. v. Boebert (D. Colo. June 9, 2024) (just recently posted on Westlaw) stemmed from the PAC and journalist David Wheeler making various allegations about Rep. Lauren Boebert. Rep. Boebert said they were all lies, threatened to sue Wheeler (which she did), and also "threatened donors to…

Reason

Banana Splits

I appreciate the replies from Orin, Will, and Sam. We have very different conceptions on what role a scholar should play and what role a judge should play. My writings in this area are both retrospective and prospective. I look backwards to see what qualifications a judge had at the…

Reason

District Court Rejects Magistrate Judges' Gag Order on Publishing Name of Retroactively Pseudonymized Litigant

"Professor Volokh may not ... publicly disclose Plaintiff's name or personal identifying information in any future writings, speeches, or other public discourse."

Reason

Why I Post About Pretrial Decisions (on Motions to Dismiss and Such)

A commenter on the Claim That Public School Employee Was Unconstitutionally Fired for Sharp Pro-COVID-Vaccine Post Can Go Forward thread wrote: Eugene Volokh likes to post about cases that can go forward because they survive some kind of summary judgement. Mostly it just seems to rile up the usual commenters…

Reason

Judge Dismisses Lawsuit Against Universal Studios Based on Employee's Use of "OK" Gesture

From an order by Judge John Kralik of the L.A. Superior Court in McGee v. Universal City Studios, LLC, decided April 30 but just posted on Westlaw: Plaintiffs … allege that they were at Defendant Universal City Studios, LLC's theme park Universal Studios Hollywood. They allege that on July 18,…

Reason

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Secret Order Releasing Convicted Murderer

From State v. Price, decided Sept. 6 by the South Carolina Supreme Court but posted on Westlaw in just the last two weeks: Price was convicted of murder in 2003 and sentenced to thirty-five years in prison…. The parties inform us Price began serving his sentence on December 23, 2003,…

Reason

Race-Based Refusal to Consider Questions at Employer Town Hall / Removal of Posts on Internal Forum May Be Illegal Discrimination

From Tyree B. v. Raimondo, decided by the EEOC on Oct. 18 but just posted to Westlaw last week: The Agency framed Complainant's claims [of, among other things, race discrimination based on his being white] as follows: Agency officials have ignored, dismissed, disregarded, suppressed, mischaracterized, and mislabeled Complainant's communications and…

Reason

Agreement That Children "Shall Be Raised in the Orthodox Jewish Tradition" Is Unenforceable

In Connecticut Superior Court Judge Eddie Rodriguez's opinion in Breiner v. Breiner (handed down Sept. 15 but just posted on Westlaw), the dispute was about whether plaintiff mother had breached an agreed-to provision in a 2017 parenting plan, "The parties agree the children shall be raised in the Orthodox Jewish…

Reason

Apparent Neo-Nazi Pleads Guilty to Trying to Burn Down Church That Was Hosting Drag Queen Story Hour

From a Justice Department press release dated Oct. 24, but just posted on Westlaw a few days ago: An Ohio man pleaded guilty yesterday to violating the Church Arson Prevention Act and to using fire and explosives to commit a felony, all in connection with his attempt to burn down…

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Singular "They" in Court

From D.C. v. Casa Ruby, Inc., decided May 1 by D.C. trial judge Danya A. Dayson, but just posted on Westlaw: Therefore, specifically, as to each Third-Party board member Defendant, there must be factual allegations sufficient to support an inference or conclusion that the board member either intentionally, rather than…

Reason

Court Refuses to Block Indiana Law That Bans "Instruction … on Human Sexuality" to Public K-to-3rd Students

From Smiley v. Jenner, decided by Judge James Patrick Hanlon (S.D. Ind.) on July 28, but just posted on Westlaw: A new Indiana law prohibits public schools and their employees from providing instruction to students in prekindergarten through grade 3 on human sexuality. Kayla Smiley—a teacher who works for the…

Reason

Nevada Magistrate Judge Recommends Rejecting Internet Preservation Challenge—And Why It's Wrong

The first opinion on Westlaw in response to a motion to suppress based on my model motion.

Reason

Sanctions Issued in Case Where Lawyers Cited ChatGPT-Hallucinated Precedents

From today's opinion in Mata v. Avianca, Inc., by Judge Kevin Castel (S.D.N.Y.), which stems from an incident blogged about here last month (and see this follow-up): In researching and drafting court submissions, good lawyers appropriately obtain assistance from junior lawyers, law students, contract lawyers, legal encyclopedias and databases such…

Reason

"Optimists Sometimes Do Not Fare Well When They Gloss over Problematic Facts"

From Basulto v. Netflix, Inc., decided May 25 by Magistrate Judge John Goodman, but just posted on Westlaw: In this defamation lawsuit against Defendant Netflix, Inc. and other Defendants, certain Defendants known as "the Foreign Defendants" filed a Motion to Dismiss for Lack of Jurisdiction…. As explained below, the Undersigned…

Reason

Lawyer Explains How He Used ChatGPT to Produce Filing "Replete with Citations to Non-Existent Cases"

"Can you show me the courts opinion in Varghese v China Southern Airlines"? "Certainly! ... I hope that helps!"

Reason

When AI poses an existential risk to your law license

Episode 459 of the Cyberlaw Podcast

1 2

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