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Use expressio unis to get at the fact that the noncommercial use holding is limited to situations where the challenged use is “used as a mark for a commercial product”; the term noncommercial use can reasonably include uses as a mark for political speech—Robert Kennedy, Jr., is using his father’s famous name to promote himself politically (also highlighting the importance of small differences when it comes to speech in the political realm). [read post]

43(B)log - http://tushnet.blogspot.com/

Dennis & Tom’s 2024 Tech Resolutions

12 Jan 2024, 7:20 am by Ally Kvidt

v=BkLzo_oNVho [read post]

The Kennedy-Mighell Report - http://legaltalknetwork.com/podcasts/kennedy-mighell-report/

[David Bernstein] Antisemitism Lawsuit Filed against Harvard University, Includes Allegations re Harvard Law School

11 Jan 2024, 12:27 pm by David Bernstein

Here is the entire complaint: Kestenbaum v. [read post]

The Volokh Conspiracy - http://www.volokh.com/

The NBA In-Season Tournament, Platonic Golf, and the Constitutional Right to Same-Sex Marriage

4 Dec 2023, 4:00 am by Michael C. Dorf

Consider the 2001 SCOTUS case of PGA Tour, Inc. v. [read post]

Dorf on Law - http://www.dorfonlaw.org/

News You Can Use Digest – December 1, 2023

1 Dec 2023, 3:00 am by Jim Sedor

Yahoo News – Michael Bender and Anjali Huynh (New York Times) | Published: 11/29/2023 Since the Supreme Court overturned Roe v. [read post]

Lobby Comply Blog - https://stateandfed.com/lobbycomply/feed

Federalism and Pop Psychology in Two SCOTUS Cases Today Involving Native Americans

15 Jun 2023, 10:23 am by Michael C. Dorf

In Haaland v. [read post]

Dorf on Law - http://www.dorfonlaw.org/

[Jonathan H. Adler] In Sackett v. EPA, the Supreme Court Cuts Back Federal Regulatory Authority Over Wetlands

25 May 2023, 1:33 pm by Jonathan H. Adler

Today, in Sackett v. [read post]

The Volokh Conspiracy - http://www.volokh.com/

Colin Lachance on Jurisage’s MyJr and How He’s Looking at AI to Assist in the Synthesis and Reading of Legal Cases (TGIR Ep. 190)

14 Feb 2023, 3:58 pm by Greg Lambert

If you need to know what the relevant arguments are from each side in Smith v. [read post]

3 Geeks and a Law Blog - http://www.geeklawblog.com/

The Chevron Ball Ended at Midnight, but the Circuits are Still Two-Stepping by Themselves, by Isaiah McKinney

17 Dec 2022, 9:05 pm by Guest Author

The 1984 case Chevron v. [read post]

Notice & Comment - https://www.yalejreg.com/nc/

On the First Monday in October, the Sacketts Head to the Supreme Court a Second Time

2 Oct 2022, 10:26 pm by Richard Frank

First up on the justices’ docket this morning is a major environmental case: Sackett v. [read post]

Legal Planet - https://legal-planet.org/

Why Netflix’s “Bridgerton” Lawsuit is Good for Fan Fiction

2 Aug 2022, 4:17 pm by Aaron Moss

” In a separate interview, Abigail Barlow acknowledged that “That ball is thoroughly in Netflix’s court. [read post]

Copyright Lately - https://copyrightlately.com/

"In the end, the [School] District’s case hinges on the need to generate conflict between an individual’s rights under the Free Exercise and Free Speech Clauses and its own Establishment Clause duties..."

27 Jun 2022, 8:12 am

Ball, 473 U.S. 373, 400 (1985) (White, J., dissenting); Widmar v. [read post]

Althouse - https://althouse.blogspot.com

Friday Night Lights Meets Supreme Court: Will Religious Freedom Get the Game Ball?

22 Feb 2022, 2:00 am by Michael P. Maslanka, UNT Dallas College of Law

Kennedy v. [read post]

Diversity Insight - http://hrdailyadvisor.blr.com/category/diversity-insight/

Friday Night Lights Meets Supreme Court: Will Religious Freedom Get the Game Ball?

22 Feb 2022, 2:00 am by Michael P. Maslanka, UNT Dallas College of Law

Kennedy v. [read post]

Human Resources News - https://hrdailyadvisor.blr.com/

“The Praying Football Coach at the Center of a ‘Religious Liberty’ Revolution: You’ve heard of the ‘wall of separation between church and state’; In Kennedy v. Bremerton School District, the Supreme Court’s six-justice conservative supermajority will have the chance to dismantle it.”

16 Feb 2022, 10:20 am by Howard Bashman

“The Praying Football Coach at the Center of a ‘Religious Liberty’ Revolution: You’ve heard of the ‘wall of separation between church and state’; In Kennedy v. [read post]

How Appealing - http://howappealing.abovethelaw.com

The Evolution of Chief Justice John Roberts

14 Feb 2022, 9:01 pm by Michael C. Dorf

Roberts, the author of the notorious 2013 ruling in Shelby County v. [read post]

Verdict - http://verdict.justia.com/