Author Archive for Bruce E. Boyden

Same-Sex Marriage as Divorce

Tuesday, March 26th, 2013
Category: Civil Rights, Public, U.S. Supreme Court | 3 Comments »

Back in 2010, I wrote an article (published in January 2011) asking the question of, essentially, what if the states became stuck on the question of whether same-sex couples could ... Read more »

Dreyfus Secret File Released

Thursday, March 7th, 2013
Category: Legal History, Public | No Comments »

Some number of years ago I wrote a lengthy blog post on France's Dreyfus Affair -- a post I was proud of at the time, but seems to have fallen ... Read more »

First Sale, “Lawfully Made,” and Copyright Stalking-Horses

Monday, October 29th, 2012
Category: Intellectual Property Law, Public, U.S. Supreme Court | 2 Comments »

The Supreme Court heard oral argument this morning in Kirtsaeng v. John Wiley & Sons, Inc., despite Hurricane Sandy's imminent arrival and the fact the entire federal government in Washington ... Read more »

Eric Hobsbawm and Law on the Ground

Monday, October 8th, 2012
Category: Legal History, Legal Scholarship, Public | 1 Comment »

Following David's post last week, I thought I'd remark on another historian who recently passed away: Eric Hobsbawm, who died last Monday. (NY Times obituary.) Hobsbawm, like Genovese, was a ... Read more »

Seventh Circuit to Form 19: Drop Dead!

Thursday, August 30th, 2012
Category: Intellectual Property Law, Public, Seventh Circuit | No Comments »

Last week I bemoaned how the Seventh Circuit had thoroughly botched the already confusing state of affairs that is the elements of a prima facie copyright infringement claim. But as ... Read more »

Peters v. West: Three Strikes

Thursday, August 23rd, 2012
Category: Intellectual Property Law, Public, Seventh Circuit | No Comments »

In my previous post, I dissected the problematic recent Seventh Circuit copyright decision in Peters v. West. I won't recap that long post here, except to say that the ... Read more »

There Is No Joy in Mudville

Wednesday, August 22nd, 2012
Category: Intellectual Property Law, Public, Seventh Circuit | No Comments »

At least, not if Mudville is populated by copyright professors; for the mighty Seventh Circuit has struck out. In Peters v. West (Kanye West, that is, or as LEXIS is ... Read more »

The Proper Procedure for Facebook Discovery, Part I

Tuesday, July 10th, 2012
Category: Civil Procedure, Computer Law, Privacy Rights, Public | 3 Comments »

An individual is involved in a civil lawsuit against someone -- a tort suit, an employment discrimination suit, a civil rights suit -- and the opposing party requests production ... Read more »

Can Congress “Regulate” Decisions Not to Commit Federal Crimes Under the Commerce Clause?

Friday, June 29th, 2012
Category: Constitutional Law, Public | 3 Comments »

One of the side-debates in the ACA decisions yesterday was between Chief Justice Roberts and Justice Ginsburg over the meaning of the term "regulate." The Commerce Clause of the Constitution, ... Read more »

Unsolved Mysteries of Copyright Law, 1963 Edition

Friday, June 29th, 2012
Category: Intellectual Property Law, Public | 3 Comments »

I recently came across an interesting cluster of similar statements from copyright decisions in the late 1950s and early 1960s, which struck me as significant: It is a curious fact that ... Read more »

The Supreme Court’s Affordable Care Act Decision

Thursday, June 28th, 2012
Category: Constitutional Law, Public | No Comments »

For excellent, high-level analysis of the longer-term implications of the Supreme Court's decision in the health care reform cases, see Lawrence Solum, The Decision to Uphold the Mandate as Tax ... Read more »

Speech by Proxy

Tuesday, June 26th, 2012
Category: Computer Law, First Amendment, Intellectual Property Law, Public | No Comments »

On Friday I mentioned Tim Wu's op-ed last week, which asked if machines "have a constitutional right to free speech"? The question is posed in such a way that the ... Read more »


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