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29 Sep 2016, 9:17 am
“[I]t is the defendant’s very use of the plaintiff’s identical trademark that makes the nominative fair use analysis necessary rather than application of AMF Inc. v. [read post]
29 Sep 2016, 8:30 am
But I thought I’d pass along a quick summary of the Federal Circuit opinions, which I posted last year. [read post]
29 Sep 2016, 2:00 am
Similarly, they should have the right to end their suffering through medication if that is their own choice. [read post]
28 Sep 2016, 2:50 pm
[I]n Johnson, … the defendants used their speech intentionally to initiate and carry out a plan of harassment of the victims through the conduct of (many) third parties. [read post]
28 Sep 2016, 12:24 pm
Humphrey in 1994 and Wallace v. [read post]
28 Sep 2016, 12:07 pm
[United States v. [read post]
27 Sep 2016, 1:03 pm
See Arizona v. [read post]
27 Sep 2016, 11:59 am
Extensively citing the Ninth Circuit’s FTC v. [read post]
27 Sep 2016, 8:27 am
Most notably, the Comstock Act did not specifically define what qualified as obscene printed material– a question that the court would struggle with through the 1960’s, when Justice Potter Stewart would write his infamous “I know it when I see it” observation in Jacobellis v. [read post]
26 Sep 2016, 9:07 am
Crossfit, Inc. v. [read post]
26 Sep 2016, 8:19 am
FTC v. [read post]
26 Sep 2016, 7:24 am
Court of appeals: does Rodriguez undermine Mimms? [read post]
26 Sep 2016, 7:24 am
Court of appeals: does Rodriguez undermine Mimms? [read post]
26 Sep 2016, 3:08 am
After forming the corporation in 1994 and acquiring the property for about $2.5 million, Braun managed the property for the next 20 years through his separate management company. [read post]
23 Sep 2016, 9:19 am
Identifying the basic guarantees that must be afforded to defendants does not end the analysis. [read post]
23 Sep 2016, 7:21 am
Does the single standard duties test for each exemption category appropriately distinguish between exempt and nonexempt employees? [read post]
22 Sep 2016, 9:01 pm
Board of Education in 1954 (which struck down school segregation) through Grutter v. [read post]
22 Sep 2016, 5:00 am
If the Roberts Court is not particularly interested in securities law, as such, it does appear to be interested in curbing what some see as excessive litigation – or at least reducing the costs of litigation on defendants. [read post]
21 Sep 2016, 5:28 pm
(Chris Goodney/Bloomberg) I’m delighted to report the California Supreme Court has agreed to hear Hassell v. [read post]
21 Sep 2016, 2:11 pm
" In Utah v. [read post]
