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10 Jun 2019, 2:11 pm
Justice Oliver Wendell Holmes noted in Biddle v. [read post]
16 Feb 2018, 11:00 am
[title fixed because I can't keep seasons straight]Suneal Bedi, Bad Brands: Experimental Studies in Trademark TarnishmentWhat is the reputation of a mark? [read post]
18 Nov 2019, 12:12 pm
Last month, we and another colleague at Protect Democracy argued that the meaning of “bribery” as the term is used in the Constitution goes beyond the criminal offense of bribery as defined in the U.S. [read post]
8 Aug 2024, 1:05 pm
Mark Bartholomew, Publicity Rights After Warhol Risk that courts will apply Warhol to ROP cases, but transformativeness is the only element in the ROP defense as defined by the California SCt rather than a multifactor fair use test. [read post]
12 Mar 2015, 9:56 am
There are many awful and embarrassing — even idiotic — features of our copyright law, and I’ve written about a lot of them here on the VC. [read post]
9 Oct 2016, 9:01 pm
On September 14, 2016, the Committee on Science, Space, and Technology of the House of Representatives held hearings on the refusal of Attorneys General of New York and Massachusetts to refuse to comply with congressional subpoenas. [read post]
6 Oct 2021, 2:31 pm
As Justice Holmes observed, "the best test of truth is the power of the thought to get itself accepted in the competition of the market. [read post]
3 Nov 2010, 5:38 am
AL Eleanor Holmes Norton (D) I WON U.S. [read post]
11 Oct 2022, 4:33 am
RUSSIA, UKRAINE – FIGHTING Ukrainian authorities have accused Russian forces of launching more missiles in regions across Ukraine including Kyiv, Mykolaiv, and Zaporizhzhia. [read post]
25 Feb 2024, 6:00 am
When Holmes referred to a "brooding omnipresence in the sky" he was not offering a sympathetic or charitable reading of the natural law tradition. [read post]
6 Nov 2018, 12:10 am
En su día el legendario juez Holmes describió ácidamente el Tribunal Supremo estadounidense como “nueve escorpiones en una botella”, imagen tributaria del pecado original de su nombramiento político unido a la altivez inherente de la condición vitalicia de los magistrados en EEUU, cualidades que se alejan inmensamente del perfil técnico y objetivo de los magistrados de nuestro Tribunal Supremo. [read post]
11 Jan 2023, 5:01 am
[From self-defense law scholar (and former prosecutor) T. [read post]
23 Mar 2011, 9:27 am
Justice KatjuThe Supreme Court in R.S. [read post]
27 May 2007, 10:11 pm
Grass -- Carl Sandburg When War Was Heroic, Two Memorial Day Addresses by Oliver Wendell Holmes, Jr., brought to us by the Law Librarian Blog. [read post]
25 Jun 2007, 2:24 am
Justice Alito writes for the majority plurality in Hein v. [read post]
26 May 2007, 12:37 pm
Stephen Holmes has an excellent discussion of this in his new book The Matador's Cape, an extremely insightful study of America's recklessness in responding to the terrorist threat that struck on 9/11. [read post]
17 Sep 2012, 4:42 am
2012 WL 3573895 (U.S. [read post]
27 Dec 2021, 10:39 am
In the words of Justice Holmes, writing about the fair report privilege, It is desirable that the trial of causes should take place under the public eye, not because the controversies of one citizen with another are of public concern, but because it is of the highest moment that those who administer justice should always act under the sense of public responsibility, and that every citizen should be able to satisfy himself with his own eyes as to the mode in which a public duty is performed.… [read post]
23 Dec 2014, 12:52 pm
And supplemented with Paul Holmes, Retrial: Murder and Dr. [read post]
21 May 2023, 6:00 am
One possible answer to this question could begin with "marketplace of ideas" theory of free speech famously associated with Justice Holmes--a theory that emphasizes the role of freedom of speech in facilitating the emergence of truth from the unrestricted public debate and discussion. [read post]
