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9 Feb 2025, 12:42 am
Pix credit New York Times Happy to share the pre-publication draft of my essay, Cuba and the Constitution of a Stable State of Misery: Ideology, Economic Policy, and Popular Discipline. [read post]
24 Feb 2024, 1:10 pm
Introduction: Jeanne Fromer Private actors pursue their own interests. [read post]
11 Mar 2016, 7:55 am
Opening Remarks: Henry Smith—exploring the connections between private law and IP. [read post]
13 May 2016, 7:55 am
It is clear that the political desire to use the levers of state authority, moral power and cultural norms instrumentally to shape societal consensus about the identification of the range of activity that is treated as sexualized and the appropriate conduct norms when people seek to engage in such activity remains unsated. [read post]
9 Sep 2016, 11:33 am
Merges & Nelson on patent scope, Burk & Lemley on policy levers—if you read these side by side, you see M&N say patents are unsuited to software b/c corporate capital isn’t involved and it’s individual; B&L 20 years later say that patents are perfectly suited—b/c institutions have changed, everything else has changed in terms of economic analysis, policy analysis. [read post]
7 May 2019, 12:55 am
In a trial last year in which I and an associate prepared a lengthy chronology summarising 7 lever arch folders of court documents, Senior Counsel told me that it was a blessing to receive, making his job particularly with cross-examination considerable easier - and could I teach other solicitors to do the same, as it is so rarely done.As an example of what could be in a chronology: Date Event/Allegation Source 12/6/14 Child Fred Aloysius Lucius Smith born (4) 2 Aff M… [read post]
20 Jan 2025, 6:45 pm
Trump then describes in general terms the specifics of this defilement: the weaponization of the levers of justice and government, the protection of undesirable elements from abroad, the use of national resources to fund foreign combat but not to protect national borders, the exhaustion of resources making responding to national natural disasters difficult, and "an education system that teaches our children to be ashamed of themselves, in many cases, to hate our country"… [read post]
15 Apr 2019, 7:30 pm
Joel Slawotsky, of the Radzyner School of Law, Interdisciplinary Center, Herzliya, Israel, and the Law and Business Schools of the College of Management, Rishon LeZion, Israel has guest blogged for "Law at the End of the Day" on issues relating to globalization, international law and relations, and corporate liability under international law. [read post]
5 Feb 2017, 1:11 pm
(Washington Monument Pix © Larry Catá Backer 2016)I recently announced the forthcoming publication by Carolina Academic Press of my Elements of Law and the United States Legal System (ISBN: 978-1-61163-927-8 • e-ISBN: 978-1-61163-984-1). [read post]
1 Jun 2022, 7:16 pm
Everyone who is anyone, it seems, have their knives sharpened, and their forks at the ready to gorge on the anticipated meal that the Germans will bring as they ascend to the Presidency of the G7. [read post]
24 Jun 2022, 4:36 am
Intro, Graeme Dinwoodie Ornamentality is undertheorized. [read post]
11 Jan 2018, 9:20 am
Joel Slawotsky, of the Radzyner School of Law, Interdisciplinary Center, Herzliya, Israel, and the Law and Business Schools of the College of Management, Rishon LeZion, Israel has guest blogged for "Law at the End of the Day" on issues relating to corporate liability under international law (e.g., "Rethinking Financial Crimes and Violations of International Law", Jan. 9, 2013; "Corporate Liability Under The Alien Tort Statute: The Latest Twist" April 26,… [read post]
15 Apr 2019, 6:22 am
Session 3: Defining Marks in Trademark Law vs. [read post]
14 Aug 2014, 6:01 am
(Pix (c) Larry Catá Backer 2014) Since 2010, I have been posting on the development of a new course I have been developing for our first year law school students, "Elements of Law. [read post]
24 Jun 2022, 9:03 am
Does the ornamentality doctrine have doctrinal purchase elsewhere in trademark law? [read post]
10 Jun 2016, 7:35 am
Can you use eBay as policy lever to push back against TM overreaching—Sandy Rierson & Peter Karol have argued for doing that. [read post]
21 Feb 2023, 4:07 am
Too often we let the rich and powerful dictate what technology’s future will be, from Mark Zuckerberg’s Metaverse to Elon Musk’s neural implants. [read post]
3 May 2022, 1:55 am
Key Findings Federal policymakers are debating a legislative package focused on boosting U.S. competitiveness vis-a-vis China; however, it currently contains little to no improvements to the U.S. tax code. [read post]
11 Sep 2023, 9:01 pm
On August 23, 2023, the U.S. [read post]
22 Feb 2022, 1:50 am
As economist John Cochrane has noted, historical episodes of inflation, such as the 1970s, have ended only after some combination of monetary, fiscal, and microeconomic reforms improved incentives to work, save, and invest and raised the long-term growth trajectory of the economy.[6] As such, the federal tax system is a key lever policymakers can use to improve incentives and long-run economic growth while containing inflation. [read post]