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14 Aug 2020, 6:43 am by Michael Madison
Thanks to Mark Cohen for keeping his eye on this ball. [read post]
14 Aug 2020, 3:58 am by SHG
But no matter how hard they worked, the one thing they couldn’t change was the color of his skin. [read post]
14 Aug 2020, 3:00 am by Jim Sedor
Kamala Harris as his running mate marks the latest evidence that gender and race have now surpassed geographic balance when it comes to building a ticket for the White House. [read post]
13 Aug 2020, 8:18 am by Rebecca Tushnet
Even without first sale, there was no likely success on the merits, because infringement requires use of the mark without authorization. [read post]
13 Aug 2020, 7:53 am by Rebecca Tushnet
” Strength:  the court bungles conceptual strength (conflating suggestive and descriptive), but it doesn’t matter because (a) there’s not much evidence of marketplace strength and (b) it doesn’t matter anyway because this is a labeling case [the court doesn’t say (b) outright but it’s true]. [read post]
13 Aug 2020, 6:59 am by Kristian Soltes
“As a matter of law and antitrust policy, even where plaintiffs have not directly transacted with a defendant, if their injuries are proximately caused by the defendant’s antitrust violations, plaintiffs deserve the redress that Congress chose to provide them. [read post]
13 Aug 2020, 4:20 am by SHG
While I lack the ability to read Justice Sotomayor’s mind, I think Josh overshot the mark a bit. [read post]
13 Aug 2020, 3:58 am by Mathew Alderson
Sports broadcasts aren’t recognized as copyright subject matter under Chinese statute law although they have been accepted as such in some of the Chinese case law. [read post]
12 Aug 2020, 10:55 am by Jonathan Bailey
Recently, both cities held ceremonies to mark the 75th anniversaries of the respective bombings. [read post]
COVID-19 forced many organizations to pivot to digital learning within a matter of days. [read post]
11 Aug 2020, 9:47 am by Thomas Valenti
Therefore, mostly they are entrusted with family matters, and rarely anything to do with other civil and criminal matters. [read post]
11 Aug 2020, 6:00 am by Guest Blogger
For the Symposium on Mark Tushnet, Taking Back the Constitution: Activist Judges and the Next Age of American Law (Yale University Press 2020).Mark TushnetConventions often reflect enduring values, and so I begin with the conventional statement of appreciation for the seriousness with which the contributors to this Symposium have taken my arguments. [read post]
10 Aug 2020, 5:10 am by Rob Robinson
Predictive Coding Technologies and Protocols (Survey Backgrounder) As defined in The Grossman-Cormack Glossary of Technology-Assisted Review (1), Predictive Coding is an industry-specific term generally used to describe a technology-assisted review process involving the use of a machine learning algorithm to distinguish relevant from non-relevant documents, based on a subject matter expert’s coding of a training set of documents. [read post]
9 Aug 2020, 4:19 am by SHG
What matters isn’t the name we give to a thing, but that we all use the same name if we’re going to discuss the thing. [read post]
7 Aug 2020, 3:58 pm by Dan Flynn
“This office has a successful history of prosecuting employers for violating our immigration laws, and today marks another step in ensuring that justice is fairly and impartially done, no matter the law-breaker. [read post]
7 Aug 2020, 11:35 am by Robert Chesney
But I don’t think that’s the right reading. [read post]