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16 Jun 2023, 11:54 am by Ted Max
’[11] The Supreme Court also noted that “[o]ver the decades, the lower courts adopting Rogers have confined it to similar cases, in which a trademark is used not to designate a work’s source, but solely to perform some other expressive function” and that “[t]he same courts, though, routinely conduct likelihood-of-confusion analysis, without mentioning Rogers when trademarks are used as trademarks – i.e., to designate source. [read post]
16 Jun 2023, 11:46 am by Ted Max
’[11] The Supreme Court also noted that “[o]ver the decades, the lower courts adopting Rogers have confined it to similar cases, in which a trademark is used not to designate a work’s source, but solely to perform some other expressive function” and that “[t]he same courts, though, routinely conduct likelihood-of-confusion analysis, without mentioning Rogers when trademarks are used as trademarks – i.e., to designate source. [read post]
11 Jun 2023, 6:09 pm by Dennis Crouch
”[14] Rather than focusing on inflexible, outcome-determinative categories, he urged the Court to adopt a balancing test: “I would ask whether the regulation at issue works speech-related harm that is out of proportion to its justifications. [read post]
7 Jun 2023, 12:32 pm by Bill Marler
An Introduction to Hepatitis A  Exposure to the hepatitis A virus can cause an acute infection of the liver that is typically mild and resolves on its own. [11, 17] The symptoms and duration of illness vary a great deal, with many persons showing no symptoms at all. [11] Fever and jaundice are two of the symptoms most commonly associated with a hepatitis A infection. [17] It has been written that the “earliest accounts of contagious jaundice are found in ancient China. [read post]
7 Jun 2023, 5:00 am by Guest Author
*This post is part of a symposium on Modernizing Regulatory Review. [read post]
26 May 2023, 1:00 pm by Joel R. Brandes
For a period of time, Individual-3 was listed on Baby L’s birth certificate as the child’s biological father, and Bafna-Louis adopted Individual-3’s last name after the two became engaged in late 2021. [read post]
16 May 2023, 11:43 am by Patricia Hughes
Harper itself adopts the approach the SCC took in Reference re Prov. [read post]
16 May 2023, 8:53 am by David Post
SOTOMAYOR, J., filed an opinion concurring in part, in which KAGAN, J., joined. [read post]
  This is consistent with the findings the Legislature made when adopting SB 330 that the development of more housing units was necessary to address the housing crisis. [read post]
14 May 2023, 6:56 pm
 Pix Credit Audience Chamber Piazza della Signoria Apartments of the Priors c. 1543 In the United States at least, there has been an increasing worry about the state of U.S. relations (economic and political) with Latin American states. [read post]
9 May 2023, 9:01 pm by renholding
The current disclosure obligations set forth in the Schedule 14A form of proxy statement are designed almost exclusively to elicit disclosure from a nominating corporation, not a nominating stockholder.[2] These disclosure rules, even after Rule 14a-19’s adoption, fail to address the fundamental difference between a stockholder nominating a director to the board, and a corporation nominating a director to the board. [read post]
6 May 2023, 2:49 pm by Steve Bainbridge
DGCL § 151(g) provides that:  “When any corporation desires to issue any shares of stock of any class or of any series of any class of which the powers, designations, preferences and relative, participating, optional or other rights, if any, or the qualifications, limitations or restrictions thereof, if any, shall not have been set forth in the certificate of incorporation or in any amendment thereto but shall be provided for in a resolution or resolutions adopted by the… [read post]
5 May 2023, 9:32 am by Eugene Volokh
Reed; (for a similar case from the California courts, though not involving the Trumps, see here): In this lawsuit, Donald J. [read post]