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Constitutional Iconoclasm and the Power of the Fourteenth Amendment

28 Jun 2024, 6:30 am by Guest Blogger

For the Balkinization Symposium on Mark A. [read post]

Balkinization - http://balkin.blogspot.com/

Recommended Reading: The Trademark Reporter, May-June 2024 Issue

28 Jun 2024, 3:34 am

The author of this article offers brand owners practical advice on how to design surveys that can provide empirical evidence showing whether an applied-for term functions as a mark. [read post]

The TTABlog - http://thettablog.blogspot.com/

[Josh Blackman] Why Does (It At Lest Appear That) Justice Barrett Applies "New," "Heightened," and "Elevated" Standing Rules?

27 Jun 2024, 10:11 pm by Josh Blackman

S. 555, 561 (1992) (internal quotation marks omitted). [read post]

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

What SEC v. Jarkesy Means for the Future of Agency Adjudication

27 Jun 2024, 2:08 pm by Christopher J. Walker

How the SEC is structured violates the constitutional rule from Free Enterprise Fund v. [read post]

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

Smith v. Arizona: Were the statements testimonial?

27 Jun 2024, 11:52 am

In a prior post, I have analyzed the justices’ treatment of the questions presented in the petition in Smith v. [read post]

The Confrontation Blog - http://confrontationright.blogspot.com/

Heightened Constitutional Scrutiny is Not Required for Content-Based Trademark Registration Laws That Are Viewpoint-Neutral—Vidal v. Elster (Guest Blog Post)

27 Jun 2024, 9:40 am by Eric Goldman

Tam (2017) and Iancu v. [read post]

Technology & Marketing Law Blog - http://blog.ericgoldman.org/

[Samuel Bray] Six Points About Law and Equity in SEC v. Jarkesy

27 Jun 2024, 8:05 am by Samuel Bray

In SEC v. [read post]

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

Vidal v. Elster: Unanimous decision, divided court

27 Jun 2024, 4:53 am by Shailee Desai

On June 13, the Supreme Court decided Vidal v. [read post]

Constitution Daily - https://constitutioncenter.org/blog

Plaintiffs Lack Standing to Sue Over Government Jawboning When Their Evidence is Based on Vibes–Murthy v. Missouri

26 Jun 2024, 2:01 pm by Eric Goldman

I won’t go through each example of how poorly the complaint connected the dots. [read post]

Technology & Marketing Law Blog - http://blog.ericgoldman.org/

:@WilliamBaude: The Lack of Standing in Murthy v. Missouri

26 Jun 2024, 1:54 pm by Will Baude

" Gross v. [read post]

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

Only overtime payments paid pursuant to a comprehensive written overtime plan may be included in determining an eligible employee's pension benefit at the time of his or her retirement

26 Jun 2024, 6:00 am by Public Employment Law Press

"Pursuant to the Retirement and Social Security Law, the salary base used to compute retirement benefits shall not include . . . compensation paid in anticipation of retirement" (Matter of Franks v DiNapoli, 53 AD3d 897, 898 [3d Dept 2008] [internal quotation marks and citation omitted]; see Retirement and Social Security Law § 431 [3]; Matter of Smith v DiNapoli, 167 AD3d 1208, 1209-1210 [3d Dept 2018]). [read post]

New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/

Only overtime payments paid pursuant to a comprehensive written overtime plan may be included in determining an eligible employee's pension benefit at the time of his or her retirement

26 Jun 2024, 6:00 am by Public Employment Law Press

"Pursuant to the Retirement and Social Security Law, the salary base used to compute retirement benefits shall not include . . . compensation paid in anticipation of retirement" (Matter of Franks v DiNapoli, 53 AD3d 897, 898 [3d Dept 2008] [internal quotation marks and citation omitted]; see Retirement and Social Security Law § 431 [3]; Matter of Smith v DiNapoli, 167 AD3d 1208, 1209-1210 [3d Dept 2018]). [read post]

New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/

Smith v. Arizona: The Supreme Court decisively rejects the “in support of the opinion” end run

25 Jun 2024, 3:07 pm

How could it be otherwise? [read post]

The Confrontation Blog - http://confrontationright.blogspot.com/

[Josh Blackman] The Three Trump Appointees In Rahimi

25 Jun 2024, 1:29 pm by Josh Blackman

United States v. [read post]

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

New Cybersecurity Disclosure Guidance: Corp Fin Issues Five CDIs

25 Jun 2024, 4:20 am by David Lynn

Northway, 426 U.S. 438, 449 (1976)) (internal quotation marks omitted). [read post]