Devlin Hartline

More from @orinkerr.bsky.social at using administrative warrants to enter homes. ...
reason.com/volokh/2026/...

Bonus 203: Correcting the Record in the Social Security/DOGE Case An eye-opening filing by the Department of Justice should give more than a little pause to the justices with respect to one of their earlier grants of emergency relief to the Trump administration.

“DOJ’s ‘Notice of Corrections’ ought to give the justices real pause … about substituting their judgment for that of district courts at least where preliminary relief has been based upon an impoverished (or non-existant) record.”

Today’s “One First” on developments in the DOGE/Social Security case:

“The gypsies had no homes. The Doors had no bass. But don’t let that scare you, my friend. Let that liberate you! Cause when you’re free-flying with The Doors, man, what do you need a safety net for?” 😂

No such luck, unless you expressly ask for the temp and nothing else. But at least it doesn’t use the weird “more of the same” language anymore.

They need a new “reason for return” in the dropdown menu: Rufus misled me. I am enjoying Alexa+ more than the old version. The conversation mode is nice, and you can choose between a few different personalities.

A "big fat zero for ethics," but still the overall winner. Sigh.

SMH.

YouTube video by Hudson Institute Supreme Court Weighs Liability of ISPs for Subscribers’ Copyright Infringement

I had a blast discussing the Cox v. Sony case with @zvirosen.bsky.social, Ben Sheffner, & Jake Tracer. Thanks to all three panelists for the wonderful conversation!

The video from this morning's webinar is now available on YouTube: www.youtube.com/watch?v=GVFy...

Hope you can check it out!

Oakton, VA right now.

Courthouse Steps Oral Argument: Cox Communications, Inc. v. Sony Music Entertainment In Cox Communications, Inc. v. Sony Music Entertainment, the Supreme Court is set to determine wheth...

Tomorrow at 11:00 AM ET: I'm excited to be discussing the Cox v. Sony oral argument with my favorite #copyright geek @zvirosen.bsky.social at the "Courthouse Steps" webinar hosted by the Federalist Society. I hope you can join us!

Register here: fedsoc.org/events/court...

Legal Theory Blog Discover our latest articles and updates. Stay informed with recent posts that cover a variety of topics you care about!

Please help me get the word out about the new websites for Legal Theory Blog and the Legal Theory Lexicon. Reposting here and on other social media sites is great. It would be especially helpful if law school faculty members could send an email to their colleagues with the new addresses.

The Words of the Week - Oct. 10 Dictionary lookups from calligraphy, Sweden, and the Mediterranean

These are your words of the week

flotilla
oeuvre
alderperson
vindictive
plenary
paraph
www.merriam-webster.com/wordplay/the...

Justice Scalia: "Restatements are of questionable value, and must be used with caution. Over time, the Restatements' authors have abandoned the mission of describing the law, and have chosen instead to set forth their aspirations for what the law ought to be." Kansas v. Nebraska, 574 U.S. at 475.

"When an ALI project is so riddled with disagreements that a substantial number of participants feel the need to resign and ask that their names be removed from the final product, it calls into question the legitimacy of the project." #copyright

So now they want copyright owners to opt in? That's nice.

Of all the things that never happened, this never happened the most.

Why Is the American Diet So Deadly? A scientist tried to discredit the theory that ultra-processed foods are killing us. Instead, he overturned his own understanding of obesity.

A scientist tried to discredit the theory that ultra-processed foods are killing us. Instead, he overturned his own understanding of obesity.

Generative AI and Copyright Infringement: Lessons from past Fair Use Cases View PDF Introduction

Great & timely Hudson Institute policy memo by @copyrightalliance.org's Kevin Madigan on whether generative #AI training is #copyright infringement or fair use. #Hudson4IP

READ: www.hudson.org/information-...

And...yes. Another big AI decision. When a win is maybe not a win. The AI training is fair use cult may be very disappointed by Meta's Summary Judgment "victory" in its copyright suit. Be very very careful not to be spun by Meta's proxies and advocates.
READ THE ACTUAL OPINION CLOSELY. /1

“GenAI models may ‘transform’ input data into dazzling new outputs, but this isn’t the transformation that fair use favors. Under fair use, a transformative use is one that comments on, critiques, or provides new insights about an original work.”

www.copyhype.com/2025/06/not-...

Register Perlmutter has sued over her purported firing as head of the Copyright Office. She argues that the replacement of Dr. Hayden as Librarian is ultra vires & that her own removal violates separation of powers and the Appointments Clause. storage.courtlistener.com/recap/gov.us...

“There is a general undercurrent of anti-copyright sentiment that runs through the entire Copyright Restatement that manifests itself through a disproportionate focus on atypical court decisions that limit the scope of copyright protection.” —Keith Kupferschmid