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Internet Radio Company Says Royalty Board Is Unconstitutional
An Internet radio company has filed a straight-on challenge to the constitutionality of the Copyright Royalty Board, the panel that determines the rates companies pay for statutory copyright licenses. In a complaint filed Monday, Live365 argued that the royalty board violates the Constitution's appointments clause, because its members are selected by the librarian of Congress. The suit argues that because of their significant authority, the non-Article III judges must be selected by the president.Daily Decision Alert: Vol. 9, No. 83 -- May 2, 2001
A Tragedy Played Out Behind Closed Doors
One Oakland father wasn't allowed into a hearing last week where police officers talked about why his son died. And we're not even allowed to know the legal analysis as to why he isn't allowed in. Welcome to post-Copley California.No Subscription Required'Ambulance Chaser' Label May Be Libelous
A listing in a directory of lawyers that described an attorney as an "ambulance chaser" interested only in "slam dunk cases" provides the basis for a claim of defamation, the 2nd U.S. Circuit Court of Appeals ruled. Finding that the description of attorney Leonard Flamm stood alone in "an otherwise fact-laden" directory, a unanimous court found the statements were not protected by the First Amendment or the New York Constitution.Deciding Jurisdiction in Patent Appeals
AS THE Supreme Court grown tired of a single intermediate patent appeals court? Since the Court of Appeals for the Federal Circuit was established in 1982, the Supreme Court has reversed or vacated the Federal Circuit in substantive patent decisions 70 percent of the time, including four out of the last five decisions since 1996. 1 In its most recent decision, Holmes Group Inc. v. Vornado Air Circulation Systems, Inc. , the Supreme Court vacated the Federal Circuit`s ruling that Federal Circuit jurisdictionTrending Stories
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