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Category: Law

Presidential Pardon Power: Does it Extend to Corporations?

2025-05-25
Presidential Pardon Power: Does it Extend to Corporations?

This article explores the largely uncharted territory of whether the US president's pardon power extends to corporations. Historical evidence suggests a broader interpretation than commonly assumed, tracing back to centuries of English common law where corporations were frequently pardoned. The president could use this power to conditionally pardon corporations, potentially even effectively abolishing federal corporate criminal liability. However, Congress can limit this power by refusing to appropriate refunds of pardoned fines and by repealing corporate criminal liability statutes. Some states might also possess similar pardon powers, opening new strategic avenues for lawyers representing corporations.

(papers.ssrn.com)
Law Presidential Power Pardon Power Corporate Law

Lil Nas X Copyright Case: Algorithmic Recommendation Not a Get-Out-of-Jail-Free Card

2025-05-20
Lil Nas X Copyright Case: Algorithmic Recommendation Not a Get-Out-of-Jail-Free Card

Freelance artist Rodney Woodland sued Lil Nas X for copyright infringement over semi-nude photos posted on Instagram. The court dismissed the case, finding Woodland's photos lacked sufficient engagement to prove Lil Nas X had access to them, and that substantial similarity between the photos was lacking. The court delved into the impact of social media algorithms on the copyright "access" standard, stating that merely posting works to social media isn't enough to prove access; it requires showing the defendant had a reasonable chance of seeing the plaintiff's work through the platform's algorithm or content-sharing policies. This case sets a significant precedent for future social media algorithmic recommendation and copyright litigation.

(blog.ericgoldman.org)
Law