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30 Oct 2023, 8:51 am by jonathanturley
Courts regularly exclude injuries associated with the exercise of free speech or artistic expression . . . even when accompanied by buckets of fake blood. ___________________________________________________________   The Dorney Park and Wildwater Kingdom in Pennsylvania tells customers that, if they come to their Halloween Haunt, “Fear is waiting for you. [read post]
16 Sep 2023, 1:59 pm by Dennis Crouch
Home Expressions Inc., 938 F.3d 1334, 1340 (Fed. [read post]
3 Sep 2023, 3:59 am by SOQUIJ
Intitulé : CFG Construction inc. c. [read post]
9 Aug 2023, 10:26 am by Kevin LaCroix
Originally, through the court’s decision in In re Caremark Int’l Inc. [read post]
13 Jul 2023, 12:06 pm by Legal Aggregate
While the Court has previously upheld affirmative action, most prominently 20 years ago when Justice Sandra Day O’Connor wrote the majority opinion for the Grutter decision in the University of Michigan cases, today’s 6-3 ruling that colleges and universities must stop considering race in admissions is representative of a decisive shift to the right in the Court’s makeup. [read post]
25 Jun 2023, 10:54 am by Eugene Volokh
"[7] "The expressive component of a law school's actions is not created by the conduct itself but by the speech that accompanies it. [read post]
16 Jun 2023, 12:04 pm by Ted Max
’[11] The Supreme Court also noted that “[o]ver the decades, the lower courts adopting Rogers have confined it to similar cases, in which a trademark is used not to designate a work’s source, but solely to perform some other expressive function” and that “[t]he same courts, though, routinely conduct likelihood-of-confusion analysis, without mentioning Rogers when trademarks are used as trademarks – i.e., to designate source. [read post]
16 Jun 2023, 11:54 am by Ted Max
’[11] The Supreme Court also noted that “[o]ver the decades, the lower courts adopting Rogers have confined it to similar cases, in which a trademark is used not to designate a work’s source, but solely to perform some other expressive function” and that “[t]he same courts, though, routinely conduct likelihood-of-confusion analysis, without mentioning Rogers when trademarks are used as trademarks – i.e., to designate source. [read post]
16 Jun 2023, 11:46 am by Ted Max
’[11] The Supreme Court also noted that “[o]ver the decades, the lower courts adopting Rogers have confined it to similar cases, in which a trademark is used not to designate a work’s source, but solely to perform some other expressive function” and that “[t]he same courts, though, routinely conduct likelihood-of-confusion analysis, without mentioning Rogers when trademarks are used as trademarks – i.e., to designate source. [read post]
12 Jun 2023, 1:09 pm by admin
 Lowe’s Home Centers, Inc., 563 F. 3d 171, 178 (6th Cir 2009); Westberry v. [read post]
16 May 2023, 11:43 am by Patricia Hughes
Notably, she said the Court of Appeal considered that “[o]ther [read post]
27 Mar 2023, 1:09 pm by Eugene Volokh
There's the Daily Tattler, which published a story that's negligently false. [read post]
22 Feb 2023, 1:07 pm by Dennis Crouch
  That’s because current disclosure of litigation funding relies on a patchwork of state law, court rules, self-reporting, FOIA requests, leaks to journalists, and funding pitches. [read post]