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22 May 2018, 5:20 am by Josh Blackman
Court #1 should not control the declarations of Court #2. [read post]
21 May 2018, 6:40 am by MBettman
IV, §§ 1, 2, 4), or similar terminology, and most states have interpreted such language in a similar manner to that of the federal constitution. [read post]
21 May 2018, 5:44 am
"Section 2(d) “does not speak of ‘continuous use,’ but rather of whether the mark or trade name has been ‘previously used in the United States by another and not abandoned. [read post]
21 May 2018, 5:38 am
It may appear limited or empty; one may feel one is wasting one’s time, have no absorbing interest, find little fulfilment in the things one does. [read post]
20 May 2018, 2:08 pm by Lisa Ouellette
As I understand it, Beebe’s take on the opinion is that (1) Holmes was wrong about the IP Clause covering fine art, but we shouldn’t change that; (2) he was also wrong in concluding that “Progress” means commercial value, and we should change that; and (3) he was brilliant in investing the originality standard “with the dignity of democratic ‘personality,’” so we should revitalize that as the basis for our copyright law. [read post]
18 May 2018, 12:45 pm by John K. Ross
Trial 2: Acquit on first-degree murder (which requires finding of intent to kill) but convict on second-degree murder (which does not). [read post]
18 May 2018, 10:33 am by Stephen Wermiel
Here’s a quick quiz: When does 6 plus 1 not necessarily add up to 7? [read post]
18 May 2018, 8:02 am by John Elwood
John Elwood (finally) reviews Monday’s relists. [read post]
16 May 2018, 11:57 am by Jake Lebsack
Ranking Member Frank Pallone (D-NJ) announced that he was releasing a comprehensive discussion draft of legislation that would: (1) respond to the D.C. [read post]
11 May 2018, 4:00 am by Ingrid Wuerth
” Although this language does not explicitly mention foreign states, the phrase “where a state is a party” unquestionably includes cases between foreign states and domestic states, because Article III, Section 2, Clause 2 explicitly includes cases between states and foreign states. [read post]