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26 Sep 2016, 9:07 am by Rebecca Tushnet
” Under the Bolgerfactors, the study didn’t explicitly promote the NSCA’s products or services, and wasn’t typical advertising content. [read post]
23 Sep 2016, 11:27 am by Mark Astarita
Dickman of the Atlanta office under the supervision of Aaron W. [read post]
22 Sep 2016, 9:01 pm by Vikram David Amar
But when we call voting or marriage a fundamental right that triggers strict scrutiny, we may have strayed across the negative/affirmative rights line; elections and civil marriages don’t t [read post]
22 Sep 2016, 4:55 pm by Arthur F. Coon
  I won’t reiterate this case’s facts and relevant background history (including oral argument and post-argument briefing in the Supreme Court) which can be found (in reverse chronological order) in my prior blog posts of July 8, May 12, May 4, April 26, 2016, and March 25, 2014. [read post]
22 Sep 2016, 3:04 am by Jon Katz
[W]hatever he has, I’m always beneath it, it doesn’t change or affect me. [read post]
21 Sep 2016, 12:58 pm by Michael Froomkin
The US can’t continue on the same path of foreign policy w/ regards to Yemen, Iran, Palestine, Saudi Arabia etc… and Clinton represents more of same. [read post]
20 Sep 2016, 1:21 pm by Michael Grossman
No matter which agency oversees their production, though, it would be hard to argue that an ironmonger like S&W has no responsibility to its consumers. [read post]
19 Sep 2016, 12:08 pm
“ * * * * *’`[T]here's no factual basis in the [affidavit] to believe that there was anything other than these two things. [read post]
19 Sep 2016, 11:02 am by Arthur F. Coon
Per the Court of Appeal: … [W]e disagree with the limitation in [HAP] on which prevailing parties are entitled to seek an award of the cost of preparing the administrative record. [read post]
17 Sep 2016, 10:01 pm by Dan Flynn
They don’t want to drop their pants, no matter how good it might be for the U.S. [read post]
10 Sep 2016, 2:16 pm by Rebecca Tushnet
Strong form of IP w/o IP is where it doesn’t exist or has been replaced by informal norms. [read post]
10 Sep 2016, 11:14 am by Rebecca Tushnet
  When nonconfusing as matter of law, people get used to the practice.Rebecca TushnetJeannie Fromer did the heavy lifting about what has reached legal academics and sometimes law. [read post]
9 Sep 2016, 5:02 pm by Rebecca Tushnet
  Law scales by using the state; IP-free systems scale in 2 ways: (1) keeping things really simple, like “don’t copy w/o attribution” or “don’t copy. [read post]