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12 Feb 2011, 7:28 am by Rebecca Tushnet
Relatedly, compare the treatment of imitative trade dress to “compare to Brand X” messages—courts are not suspicious of the latter on trademark grounds and haven’t been since Smith v. [read post]
7 Feb 2011, 2:30 am by INFORRM
There were hearings in the cases of Hunt v Evening Standard (3 February) and Lord Ashcroft v Independent (3-4 February). [read post]
5 Feb 2011, 10:22 am by Steve Bainbridge
The Hill: “Businesses have a responsibility, too,” said Obama in his weekly address on Saturday. [read post]
2 Feb 2011, 2:11 pm by Will
But Section 895.047(1)(a) discards the “consumer expectations test” (previously Wisconsin law under Green v. [read post]
24 Jan 2011, 5:07 pm by Colin O'Keefe
In one of the biggest stories of the day, we have great insight on the Thompson v. [read post]
23 Jan 2011, 5:59 am by Lawrence B. Ebert
Chicago v Green Bay at 3pm, Jets v Steelers at 6:30pm.Weather. [read post]
11 Jan 2011, 12:30 am by Máiréad Enright
Smith (Georgia does not have a state Religious Freedom Restoration Act). [read post]
2 Jan 2011, 6:38 am by Charon QC
My ex-wife used to roll her eyes when I said, as one does, non haec in foedera veni [Lord Radcliffe in Davis Contractors Ltd v. [read post]
8 Dec 2010, 4:48 am by Rosalind English
Noting the very high threshold for review imposed by the Wednesbury test (see criticisms of this by the House of Lords in R v Secretary of State for the Home Department, ex parte Daly [2001] UKHL 26,[2001] 2 AC 532  and the Strasbourg Court in Smith and Grady v United Kingdom (1999) 29 EHRR 493, para. 138) the Committee considered that the application of a “proportionality principle” by the courts in E&W could provide an adequate standard of… [read post]
25 Nov 2010, 4:08 pm by INFORRM
The general rule against prior restraint in defamation has survived the HRA:  Greene v Associated Newspapers [2005] QB 972. [read post]
18 Nov 2010, 12:37 pm by Bexis
Green, 239 F.3d 793 (6th Cir. 2001); (2) apply TwIqbal to diversity jurisdiction cases filed originally in federal court, Wilkey v. [read post]