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23 Oct 2018, 6:00 am by Sandy Levinson
  But there is also, crucially, the development of a notion of a Constitution that becomes “fixed” and therefore made unchangeable (save for the near-futile path of constitutional amendment set out by Article V). [read post]
27 Mar 2018, 12:48 pm
Atchison, 90 P. 764, 765 (Kan. 1907) (statute adopted “the common-law rule of ‘journeys account’ ”); English v. [read post]
29 Nov 2017, 12:00 pm by Brett M. Kavanaugh
See Letter to Spencer Roane (Sept. 2, 1819), in 8 Writings of James Madison 450 (G. [read post]
26 Feb 2017, 4:00 am by Administrator
The trend internationally is that bidding on a keyword “would not in and of itself be sufficient to establish infringement because … it must also be shown that the advertisements did not enable the average consumer to ascertain whether the goods or services referred to originated from … [the trademark owner] or from [the advertiser]”: see lnterflora v Marks and Spencer plc, [2014] EWCA Civ. 1403 at paras. 69-70 and 192; Google France SARL v Louis… [read post]