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30 Dec 2020, 7:02 pm
More than exposed, 2019 marked their explosion, the aftermath of which, in 2020, will be marked by the start of a variety of end games in law, society, politics, culture and economics. [read post]
13 Jun 2018, 2:05 pm
Two factors in particular have facilitated the remixing of entitlements in ways that benefit powerful information-economy actors. [read post]
28 May 2021, 5:01 am
Courts have the power to narrow vague criminal laws, and expanded investigatory powers can’t help find evidence that doesn’t exist. [read post]
26 Jun 2024, 6:30 am
For the Balkinization Symposium on Mark A. [read post]
24 Jun 2020, 10:46 am
” Id. at 19 (quotation marks omitted). [read post]
16 Apr 2020, 6:56 am
However, “where counterfeit marks are involved, it is not necessary to perform the step-by-step examination of each Polaroid factor because counterfeit marks are inherently confusing. [read post]
21 Dec 2016, 7:42 am
But that’s exactly how trademark protection operates: The senior mark user has priority in appropriating the mark. [read post]
24 Feb 2023, 1:27 pm
Not just for likely confusion, but also use as a mark. [read post]
21 Jun 2022, 8:00 am
We don’t have space here to respond to everything in the terrific bunch of responses from Emily Zackin, David Pozen, Mark Tushnet, Kate Andrias, Ken Kersch, Gerald Torres, Bertrall Ross, and Mark Graber. [read post]
27 Jul 2009, 7:18 am
– no ECJ referrals on trade mark cases (Class 46) Depreciation for registered trade marks only (Class 46) (IP finance) Krakow City seeks protection for Hejnał Mariacki as sound trade mark (Class 46) Are the shoemaker’s children always ill-shod? [read post]
1 Dec 2020, 2:19 pm
To those ends law was sometimes deployed to manage the boundaries of the market for labor by setting limits on pricing (minimum wage and overtime laws), on access to labor (children and before emancipation on the labor of women and other marginalized groups which might be exploited because of their marginal social status), and especially on the key formal element that marked the distinction between servitude and "free" labor--the right to terminate employment and… [read post]
3 Oct 2017, 2:48 pm
It has been built slowly over many years, some of which were marked by a Civil War and the tragedy of segregation. [read post]
28 Mar 2018, 5:00 am
This month marks the seven-year anniversary of the war in Syria, by far the world’s deadliest ongoing conflict. [read post]
6 Mar 2022, 6:30 am
For the Balkinization symposium on Mark Tushnet and Bojan Bugaric, Power to the People: Constitutionalism in the Age of Populism (Oxford University Press 2021). [read post]
30 May 2017, 8:19 am
Only U.S. military power, backed by Congress, could provide it at that time. [read post]
4 Mar 2017, 7:11 am
It also suggests the extent of the uniqueness of the premises that mark the boundaries of judicial power and their role in government and with law. [read post]
1 Jul 2024, 6:30 am
For the Balkinization Symposium on Mark A. [read post]
23 Jan 2017, 6:00 am
But I would expect his position to be that the agencies’ ability to dramatically change course is itself proof of the power of the administrative state. [read post]
15 Jan 2017, 7:00 am
” The green spectrum, Interest Groups, includes the typologies of self-protection groups, warlords, and local power brokers. [read post]
3 Aug 2020, 6:30 am
For the Symposium on Mark Tushnet, Taking Back the Constitution: Activist Judges and the Next Age of American Law (Yale University Press 2020).Julia AzariNotorious Supreme Court decisions are central to theories about regime decline in American politics. [read post]
