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7 Nov 2014, 3:22 pm by Gary P. Rodrigues
Almost forty years later, Parliament finally passed new bankruptcy legislation, recognizing that what was once considered a moral evil had become a commercial necessity. [read post]
24 Oct 2014, 9:46 am by Rebecca Tushnet
What’s the relevance of the economist v. legal scholars? [read post]
16 Oct 2014, 5:30 am by Jane Bambauer
Jane BambauerFor the conference on Public Health in the Shadow of the First AmendmentThis is Part Two of a two-part post on the First Amendment issues raised in United States v. [read post]
13 Oct 2014, 3:27 am by Peter Mahler
 Last week, Justice Kornreich released her 32-page decision in Zelouf International Corp. v Zelouf, 2014 NY Slip Op 51462(U) [Sup Ct, NY County Oct. 6, 2014], fixing the fair value of the 25% stock interest at $2.2 million and awarding additional “damages” of another $2.2 million on the “quasi-derivative” claims for waste and self-dealing. [read post]
—PART V— Not all Native Advertising May Be Commercial Speech under the First Amendment If there is one thing clear from the case law, it is that the commercial speech analysis under the First Amendment is a fact intensive one that does not clearly lend itself to bright lines, especially when dealing with mixed commercial and noncommercial speech. [read post]
16 Sep 2014, 4:21 am by Terry Hart
”3 Instead, said the court, “We think it best to stick with the statutory list…” Commerciality Another dramatic turn in fair use doctrine is seen in the treatment of “commerciality” in the first factor. [read post]
11 Aug 2014, 7:44 am by Ronald Collins
Question:  In what may well be an unprecedented event in Supreme Court history, in his McCutcheon v. [read post]
7 Aug 2014, 12:21 pm by Rebecca Tushnet
Absent justification, courts distrust attempts to benefit commercially from use of someone else’s mark. [read post]
1 Jul 2014, 12:22 pm by Rebecca Tushnet
  Liberty is not “I do what I want”; grown up understanding is ordered liberty, reconciling competing claims/rights, and that’s what property/copyright does.Palmer: Rivalrous v. nonrivalrous: good reason to have property, because it avoids conflict over rivalry. [read post]