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9 Mar 2023, 3:59 am
Michael Hall of Womble Bond Dickinson has kindly provided the following thought-provoking comments on the current status of the TTAB's genericness jurisprudence, and particularly on the Board's recent Uman Diagnostics decision applying a "preponderance of the evidence" standard for proof of genericness while ignoring venerable CAFC precedent requiring "clear and convincing" evidence. [read post]
27 Jan 2023, 8:00 am by Guest Blogger
  To start, this might require consideration of Supreme Court term limits, redesigning the Senate,  granting statehood to additional districtsor territories, reforming Article V, or drawing on state constitutions. [read post]
26 Jan 2023, 8:00 am by Guest Blogger
  Until relatively recently, Article V and the hurdles it presented to formal constitutional amendment was seen as a feature rather than a bug, especially if one credited the constitutional theories of esteemed scholars like David Strauss or Bruce Ackerman. [read post]
24 Jan 2023, 6:30 am by Stephen Griffin
  Not long after its adoption, the Constitution became a focus for patriotism, venerated as the founding stone of the republic. [read post]
15 Jan 2023, 1:28 am by Frank Cranmer
Quick links Jason Loch, A Venerable Puzzle: Goodbye Court Of Claims, Hello Coronation Claims Office. [read post]
10 Jan 2023, 1:56 pm by Michael C. Duff
ShareFrom the beginning of Monday’s oral argument in Ohio Adjutant General’s Department v. [read post]
6 Jan 2023, 7:43 am by Eugene Volokh
From Justice Robyn Brody's majority opinion yesterday in Planned Parenthood Great Northwest v. [read post]
20 Nov 2022, 9:53 am by David Kopel
Supreme Court affirmed in New York State Rifle and Pistol Association v. [read post]
17 Nov 2022, 4:00 am by Guest Author
EPA and more in the concerns animating Justice Jackson’s concurrence in Youngstown Sheet & Tube Co. v. [read post]
9 Nov 2022, 6:18 am by Unknown
No reasonable trier of fact would reject the SEC's contention that LBC was offered as a security, the court said (SEC v. [read post]
1 Nov 2022, 10:23 am by David Kopel
On May 19, 2022, Cornell penned an article castigating in advance the Supreme Court for being likely to uphold the right to bear arms in the case New York State Rifle & Pistol Association v. [read post]
31 Oct 2022, 11:40 pm by Josh Blackman
I've now had a chance to review the oral argument in the Students for Fair Admission v. [read post]
13 Sep 2022, 6:30 am by Guest Blogger
  I have been arguing since my first book, Constitutional Faith, that an American pathology is the “veneration” attached to the 1787 Constitution. [read post]