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19 Nov 2023, 4:00 am by jonathanturley
The question is whether such bad lawyering can make a good case for the prosecution. [read post]
13 Nov 2023, 12:10 pm by Thomas B. Griffith
Back in the good old days when the selection of law clerks followed some semblance of order, I can remember well the phone calls I received from Professors Jeannie Suk Gerson and Jack Goldsmith at Harvard Law School. [read post]
9 Nov 2023, 3:14 am by Mark Keenan
It may therefore be a good idea to sell the matrimonial home (ie if they bought a house together) so that the money can be divided up accordingly. [read post]
8 Nov 2023, 1:26 pm by Rebecca Tushnet
  So long as the defendant was using a similar term as a trademark to brand its own goods (here, dog toys that parodied Jack Daniel’s well-known whisky bottle), trademark law’s test for consumer confusion was all that was required. [read post]
3 Nov 2023, 12:44 pm by Rebecca Tushnet
Justice Jackson’s indifference to expressive elements of TMs also conflicts with the Court’s previous claims in Tam, and even Jack Daniel’s, that TMs themselves often have lots of non-source-indicating expressive meaning. [read post]
30 Oct 2023, 3:52 am
Law made of record 13 third-party, use-based registrations identifying both types of goods. [read post]
27 Oct 2023, 3:17 pm by Kalvis Golde
Court of Appeals for the 9th Circuit in a trademark dispute over a mock Jack Daniel’s bottle. [read post]
27 Oct 2023, 6:54 am by Mark Burridge
Allow jack-o’-lanterns carved at home to be brought in, or have a pumpkin decorating contest, with paint instead of knives. [read post]
26 Oct 2023, 8:00 am by Paul Caron
Jack Bogdanski (Lewis & Clark), It Ain't a Tax Thing: The New York Times had a good scoop yesterday: Justice Clarence Thomas never paid back most or any of the principal on the sweetheart loan that he got from a rich guy to buy Thomas's ultra-luxury RV. [read post]
23 Oct 2023, 4:00 am by Michael C. Dorf
Where the law requires only that the defendant have intentionally acted in some way, it does not matter that the defendant believed in good faith--whether on the basis of counsel's advice or for some other reason--that the conduct was legal. [read post]
22 Oct 2023, 9:01 pm by Austin Sarat
”In the end, what was a bad week for Donald Trump was a good week for democracy and the rule of law in this country. [read post]
19 Oct 2023, 7:06 pm
All of this makes  Reinvigorating the right to development: A vision for the future a fascinating read as well as a harbinger of the battles that will be fought--again pitting forces which view each other as incarnations of evil and themselves as good. [read post]
19 Oct 2023, 5:19 am by Jacob Wirz
This post is the concluding essay by the authors for a symposium published over at the Balkinization blog on the topic of “The Chevron Doctrine through the Lens of Comparative Law. [read post]
17 Oct 2023, 1:43 pm by Mark Burridge
The ladder should be stable, and your shoes need to have good tread. [read post]
17 Oct 2023, 6:30 am by Guest Blogger
For the Balkinization Symposium on The Chevron Doctrine through the Lens of Comparative LawSusan Rose-Ackerman & Oren Tamir Over the past two weeks, the Balkinization blog hosted a wide-ranging symposium about judicial deference to the statutory interpretations of administrative agencies (or the executive more broadly) around the world. [read post]