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10 Jun 2016, 5:42 am by Marty Lederman
 (If Ali had served even part of his five-year sentence beginning in 1969 or 1971, he might never have gotten the opportunity to fight Frazier, or to have been given the chance to wrest the title from George Foreman in 1974; and it's less likely he would have had the chops to defeat Foreman after such a long layoff.) [read post]
29 Aug 2017, 7:31 am by JB
Operating on this track, Trump is largely indistinguishable from a very conservative market-oriented Republican politician.The second track is where Trump has gotten the most attention. [read post]
14 Jan 2020, 5:34 am by Marty Lederman
:  I wouldn't ordinarily say this about an interlocutory appeal without any coercive decree, but I think that in this idiosyncratic situation the Court ought to grant the petitions (and thus the motions to expedite) because of the stratagem that two judges on the Fifth Circuit employed here and the foreseeable effects their manipulations will have.As I noted at the top, the Fifth Circuit panel did two indefensible things.First, it held that Section 5000A of the ACA, as amended in 2017, is… [read post]
25 Mar 2013, 1:09 am by Kevin LaCroix
The memo take great pains to emphasize that while the case was pending, the Second Circuit entered its opinion in Fait v. [read post]
21 Jan 2015, 8:57 pm by Joey Fishkin
 This is a claim articulated most fully (so far) by Justice Scalia in his brief concurrence in Ricci v. [read post]
3 Jul 2013, 10:22 am by Howard Knopf
Like many others, I’m grateful for the excellent stream of tweets from Paul Anderson (@panderson) and others available here  concerning the #Voltage hearing in Toronto on June 25, 2013 presided over by Prothonotary Kevin Aalto. [read post]
5 May 2014, 6:16 am by Howard Knopf
A fellow Canadian, Barry Sookman, recently spoke at the 22ndAnnual Fordham conference for a about two or three minutes or so about the virtues of Canada’s unlocatable copyright owner regime and the Copyright Board’s role therein as a solution to the orphan works problem, which he has referred to as the “Canadian Solution”. [read post]
4 Apr 2014, 4:57 pm by Rebecca Tushnet
We wouldn’t have gotten to the end if we hadn’t put ourselves in each other’s shoes. [read post]
24 Apr 2018, 2:19 pm by Rebecca Tushnet
IN SUPPORTArt Neill New Media RightsElizabeth Rosenblatt Organization for Transformative WorksJack Lerner, Brian Tamsut, and Jovan C. [read post]
18 Jan 2011, 6:29 pm by Sonia Katyal
Our commentator, Jason Mazzone, encouraged Bartholomew to explore the unfinished story of the right of publicity—pointing out that while it has gotten more powerful in recent years, it still remains far less developed, as a property right than other areas of intangible goods, exhorting Bartholomew to explore further why it has lagged behind others. [read post]