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5 Jun 2018, 9:20 am by Sandy Levinson
 But where issues are truly important, precedential "reasoning" has relatively little to be said for it  If I shared Randy Barnett's, Richard Epstein's, or Clarence Thomas's views of constitutional meaning and, more importantly, what constituted the most desirable kind of polity, then I would have no particular commitment to maintaining New Deal precedents in all of their glory. [read post]
3 Jun 2018, 4:07 pm by INFORRM
Consequently the blog urges the implementation by companies of a “Plan B” to ensure compliance with the GDPR. [read post]
22 May 2018, 1:18 am by Jani Ihalainen
The name of the goods is simply the single use of the word, not double, and therefore escapes the remit of section 12(1)(c).The Board then moved onto section 12(1)(b), which prevents the registration of clearly descriptive or deceptively misdescriptive marks from the point of view of the average consumer. [read post]
22 May 2018, 1:18 am by Jani Ihalainen
The name of the goods is simply the single use of the word, not double, and therefore escapes the remit of section 12(1)(c).The Board then moved onto section 12(1)(b), which prevents the registration of clearly descriptive or deceptively misdescriptive marks from the point of view of the average consumer. [read post]
17 Apr 2018, 11:29 am by Eugene Volokh
," an anti-libel injunction should (a) say, "Defendants ... are enjoined from libelously stating," (b) expressly provide that any criminal contempt prosecutions will be conducted before a jury, and (c) expressly provide that the injunction could not be enforced through threat of confinement for civil contempt. [read post]
11 Feb 2018, 4:57 pm by INFORRM
On Monday 5 February 2018 there was a statement in open court [pdf] in the case brought by actor Hugh Grant against the Mirror Newspapers. [read post]
22 Dec 2017, 2:29 pm by Eugene Volokh
See Barnette ("Symbolism is a primitive but effective way of communicating ideas. [read post]
17 Dec 2017, 3:28 pm by Wolfgang Demino
Why is the financial sector going so mad over Madden when only Midland Funding and Midland Credit Management are afflicted and in need of Congressional intervention? [read post]
12 Dec 2017, 9:57 am by Wolfgang Demino
Similarly, the court held that the requirements of Rule 23(b)(2) (relief sought appropriate to class as a whole) and (b)(3) (common questions of law or fact predominate) were not satisfied "because there is no showing that the circumstances of each proposed class member are like those of Plaintiff, and because the resolution will turn on individual determinations as to cardholder agreements and assignments of debt. [read post]
12 Dec 2017, 9:57 am by Wolfgang Demino
Hastings Law Journal has a new article (technically a "Note") on predatory lending and the implications of the Second Circuit's holding on federal (non)preemption of state usury laws in Saliha Madden v Midland Funding LLC et al, written by a recent graduate. [read post]
28 Nov 2017, 6:37 am by Adam Weinstein
  Barnett CRD lists that he is engaged in fixed insurance products and operates a d/b/a called Dacthler Wealth Management as an outside business activity. [read post]
8 Oct 2017, 7:33 am by Randy Barnett
Good-faith construction consists in (a) accurately identifying the spirit—or original function”—of the relevant constitutional provision at the time it was enacted and (b) devising implementing rules that are calculated to give effect to both the letter and the spirit of the text in the case at hand and in future cases. [read post]
6 Aug 2017, 1:00 am by familoo
It’s worrying if things haven’t improved since the Hunter & Barnett research. [read post]