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17 Apr 2024, 10:40 am by Wolfson & Leon
However, the statute does not demand that plaintiffs prove entitlement to punitive damages by clear and convincing evidence at the pleading stage, as imposing such a requirement would undermine the statute and hinder a claimant’s ability to seek punitive damages (Deaterly v. [read post]
17 Apr 2024, 6:36 am by Second Circuit Civil Rights Blog
This case is a good example of how all of this works.The case is Dorsey v. [read post]
17 Apr 2024, 3:38 am by Eleonora Rosati
Conversely, the Artpusher case resulted in a ruling against the gallery, emphasizing that trademark law does not harbor a parody exception akin to that in copyright law, marking a clear boundary for artists and commercial entities alike regarding the use of trademarks in art, especially for commercial purposes.In the Jack Daniel's v. [read post]
16 Apr 2024, 9:01 pm by Vikram David Amar
(That’s what Dean Martinez was getting at when she observed, in her public explanation of SLS’s policies, that “the First Amendment does not give protestors a ‘heckler’s veto. [read post]
16 Apr 2024, 4:27 pm by Eugene Volokh
So what does the Logan Act mean today, and is it even constitutional, given modern understandings of the First Amendment? [read post]