A Fundamental Right to Same-Sex Marriage?

This past Friday, District Judge Robert J. Shelby of the U.S. District Court for the District of Utah held that Utah’s prohibition on same-sex marriage violates the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution. While Judge Shelby’s equal protection analysis is fairly mundane at this point, […]

Further Thoughts on Fair Use and the First Amendment

Cross-posted on the Copyhype blog. As a follow-up to my last post about why copyright is a right and fair use is a privilege, I wanted to respond to some of the issues brought up by people on the ‘net about what I had written. Let me start by saying that I understand that, normatively, […]