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22 Nov 2016, 2:00 pm by Matthew Waxman
  Whereas, she argues, the Bush Administration’s legacy is marked by commitment to expansive interpretation and use of Zone 3 (presidential action contrary to statute), the Obama Administration’s is marked by commitment to reliance on Zone 1 (presidential action authorized by Congress) or Zone 2 (presidential action amid congressional inaction or silence). [read post]
22 Nov 2016, 11:28 am by Jack Goldsmith
  Normally we would expect a President whose party controlled Congress to get a free ride from Congress. [read post]
21 Nov 2016, 7:27 am by Bill Otis
(I support mens rea reform, and I expect to be writing more to help it along in the new Congress, where I do not expect it to face opposition  --  and, indeed, I expect it to receive support  --  from Pres. [read post]
21 Nov 2016, 6:50 am by Jane Chong
I won’t spend a lot of time rehashing what others have already said, but on the subject of international challenges, I’d be remiss if I failed to note that Flynn’s conduct and statements on Russia have served as a special pressure point in the flap over his lack of discernment. [read post]
17 Nov 2016, 11:37 am by Ron Coleman
I myself had thought there was something that wasn’t trademark use all that long ago, when, merely in passing, I not so accurately wrote the following: In one recent situation I encountered, a restaurant owner was all but certain that the owner of the registration whose mark was very much like his had been unduly “inspired” by his own restaurant. [read post]
17 Nov 2016, 7:54 am by Victoria Kwan
” She added that maybe then, “Congress will do some work. [read post]
17 Nov 2016, 4:00 am by John Willinsky
These are but preliminary results, marked by the passing of an initial milestone. [read post]
16 Nov 2016, 9:01 pm by Neil H. Buchanan
Bush’s presidency, I began to notice that his administration frequently and blithely violated established norms. [read post]
16 Nov 2016, 4:40 pm by Kelly Phillips Erb
(Photo by Mark Wilson/Getty Images) Remember when I said that the President must report and pay taxes just like you and me? [read post]
16 Nov 2016, 6:00 am by David Pabian
In 2009, Adidas applied to register the ADIZERO mark for athletic apparel. [read post]
15 Nov 2016, 4:25 pm by Jeremy Malcolm
This marks the end of a long-running campaign against the secretive agreement that EFF began back in 2012. [read post]
14 Nov 2016, 2:25 pm by Andrea Shannon (US)
As the Federal Circuit pointed out, there is no clear precedent that disparaging marks are entitled to common law trademark protection. [read post]
14 Nov 2016, 2:25 pm by Andrea Shannon (US)
As the Federal Circuit pointed out, there is no clear precedent that disparaging marks are entitled to common law trademark protection. [read post]
14 Nov 2016, 2:08 pm by Lawrence B. Ebert
“[I]t makes no difference under our cases that any actual or threatened effect on commerce in a particular case is minimal. [read post]
14 Nov 2016, 5:15 am by Kevin
The authorities have since noted unusual marks on the cross ties of the railway as though they had been made by the tail skid of some flying machine. [read post]
12 Nov 2016, 7:04 am by Mark Tushnet
Just for the record -- I received the following e-mail this morning, which I suppose the writer thinks is cleverly satirical:Dear MARK TUSHNET: Your report date at the EASTERN UNITED STATES Re-education Camp is: NOVEMBER 15, 2016 Bring a toothbrush. [read post]
11 Nov 2016, 5:00 am by Doug Cornelius
Trump’s new website marked the first time since Tuesday’s election that the president-elect addressed financial regulatory policy. [read post]