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12 Jun 2014, 10:46 am
Today the United States Supreme Court ruled in POM Wonderful v. [read post]
13 Apr 2018, 1:05 pm by Rebecca Tushnet
Session 2:  The Policy and Doctrine of Unfair Competition ClaimsIntroduction:  Jake Linford: Hoping for a sharper line b/t UC and TM, much as we have a relatively sharp statutory line b/t TM infringement and dilution to the extent we can define dilution. [read post]
3 Apr 2017, 7:22 am
This post examines a recent opinion from the Court of Special Appeals of Maryland: Montgomery v. [read post]
15 May 2024, 6:00 am by Public Employment Law Press
Cuomo v New York State Commn. on Ethics & Lobbying in Govt.2024 NY Slip Op 02568Decided on May 9, 2024Appellate Division, Third DepartmentPowers, J.Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.This opinion is uncorrected and subject to revision before publication in the Official Reports.Decided and Entered:May 9, 2024CV-23-1778[*1]Andrew M. [read post]
13 Sep 2019, 6:00 am by Guest Blogger
For the symposium on Andrew Coan, Rationing the Constitution: How Judicial Capacity Shapes Supreme Court Decision-Making (Harvard University Press 2019).Frederick SchauerAndrew Coan’s important book[i]on the limits of the Supreme Court’s decision-making capacity is built on three foundational points, all of which are correct. [read post]
6 Dec 2024, 6:00 am by Public Employment Law Press
Reviewing a determination of the Board of Trustees of the New York City Employees' Retirement System [NYCERS] denying the Petitioner's application for World Trade Center disability retirement benefits pursuant to Retirement and Social Security Law §605(h), Supreme Court annulled NYCERS' determination and directed NYCERS to provide the Petitioner with World Trade Center disability retirement benefits retroactive to October 11, 2018. [read post]
7 Jul 2013, 5:01 pm by oliver randl
Rather it appears that what is required is that for the skilled person the value has to be recognisable as a singularity, as in decision T 201/83 within or at the end of a range of possibilities which may mark an end-point for a particular sub-range (cf. decision T 201/83 [8-9]).[18] In the present case […] the description as filed discloses that: “In a more preferred embodiment [read post]
5 Nov 2017, 1:48 pm
With regard to tian and the natural world one might say that, in the scientific language of today, wen is evidenced in the physical laws (or normative regularities) of nature (cf. [read post]
4 May 2013, 7:40 am by Rebecca Tushnet
Margot Kaminski, Copyright Crime and Punishment: The First Amendment’s Proportionality Problem Discussant: Jason Mazzone (note: the approach is for discussants to briefly present the authors’ papers, then discuss them) Kaminski argues that European proportionality approach to speech issues that balances them with others could be better in circumstances where the US’s categorical approach excludes consideration of speech interests at all. [read post]
24 Oct 2020, 11:34 am
  The practice suggests the way that private, market and harm based civil action may be used to supplement or compensate for failures of criminal law within states (Cf., here). [read post]