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23 Feb 2024, 1:43 pm
They’d look for some little snippet of text in the Lanham Act; Scalia was a textualist but he could read a law in its entirety. [read post]
23 Feb 2024, 9:17 am
Shane Kavanaugh of the O had the story in a couple of tweets yesterday: In a follow-up statement, Rubio, is now accusing her council colleague — and mayoral rival — Rene Gonzalez of not "meaningfully" & "authentically" engaging w/ JVP's office. [read post]
22 Feb 2024, 7:28 am
Because the substitution meant that thirteen jurors participated in the deliberations for defendant’s convictions, “[d]efendant’s constitutional right to a properly constituted jury of twelve was violated when the trial court substituted an original juror with an alternate juror after the commencement of jury deliberations. [read post]
22 Feb 2024, 3:00 am
” Plaintiffs “clearly allege[d] that the defendants failed to regulate content provided by third parties” when such third parties used Snapchat to harm plaintiff. [read post]
21 Feb 2024, 9:01 pm
”[17] As Judge Sebutinde noted in her dissenting opinion to the ICJ’s January 26 Order, however, “[w]hat distinguishes the crime of genocide from other grave violations of international human rights law (including those enumerated in Article II, paragraphs (a) to (d), of the Genocide Convention) is the existence of the ‘intent to destroy, in whole or in part…a group as such. [read post]
21 Feb 2024, 9:14 am
Parking Lot Shooting Off W. [read post]
21 Feb 2024, 7:46 am
[W]e hold the district court committed legal error by understating the woman's interest in anonymity, appearing to announce a general rule that fairness considerations invariably cut against allowing a plaintiff to be anonymous at trial unless the defendant is also anonymous, and failing to recognize the significance of its default judgment on liability…. [read post]
21 Feb 2024, 4:13 am
In re LIT Hookah LLC, Serial No. 87904603 (February 14, 2024) [not precedential] (Opinion by Judge Thomas W. [read post]
20 Feb 2024, 7:13 pm
As Professor Mark W. [read post]
19 Feb 2024, 8:00 pm
Werner, Sisyphus in robes: International law, legal interpretation and the absurd Nina Reiners, States as bystanders of legal change: Alternative paths for the human rights to water and sanitation in international law Eliana Cusato & Emily Jones, The ‘imbroglio’ of ecocide: A political economic analysis International Law and Practice Louis Bélanger & Jean-Frédéric Morin, Treaty amendment procedures: A typology from a survey of multilateral… [read post]
19 Feb 2024, 3:00 am
Given that the indictment “conclusively determine[d] the existence of probable cause,” the judge “should have issued the warrant as a matter of course. [read post]
18 Feb 2024, 9:54 am
The issue was whether sections 19(2)(b), (c) and (d) applied. [read post]
16 Feb 2024, 12:13 pm
We already make this kind of distinction in other contexts, for example, someone who has a valid mark can oppose registrations on 2(d) confusion grounds, but if you don’t have a mark but do have fame that you aren’t using as a mark in commerce on goods or services, you can oppose using 2(a), which bars registration of trademarks that "falsely suggest a connection with persons, living or dead” or with institutions. [read post]
16 Feb 2024, 10:23 am
Hidden in ordinary case b/c the use complained of is the D’s use to create the D’s work. [read post]
16 Feb 2024, 6:30 am
The former president had not forgotten how Brandeis had humiliated him and his attorney general, George W. [read post]
16 Feb 2024, 5:00 am
I’d like to think that at best, this prosecutor was extremely naive, a rube perhaps. [read post]
15 Feb 2024, 1:23 pm
A version of this article was previously published in the D&O Notebook. [read post]
15 Feb 2024, 9:22 am
The parties agreed to not use the term “oligarch” in the proceedings.[29] From the 38 works Rybolovlev bought through Bouvier, 12 were arranged with assistance from Sotheby’s to Bouvier, and only four of those were at issue in trial.[30] These four include Leonardo da Vinci’s Salvador Mundi, Modigliani’s Tete, Klimt’s Wasserschlangen II, and Magritte’s Domaine d’Arnheim. [read post]
14 Feb 2024, 3:05 pm
Moreover, even if Colorado’s intent were to try to impose a condition on Trump’s service, obviously that condition would be that he not be Section-3-disqualified to serve on January 20, 2025, rather than that (as Mitchell would have it) that he’d be disqualified from taking office as of March 5, 2024 (the date of the Colorado primary). [read post]
14 Feb 2024, 1:57 pm
Catherine D. [read post]
