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9 Aug 2012, 10:43 am
INTA ran a panel this year about how to assert copyright in one’s marks to get more rights than would otherwise be available by mere confusion or even dilution alone. [read post]
30 Jul 2012, 5:00 am
Schneider Agricultural Law & LLM Program in Agricultural and Food Law Barry Law M Marc Edelman Sports Law Blog Baylor M Mark W. [read post]
26 Jul 2012, 2:55 pm
Louis University Hollee Temple holleeinbalance West Virginia David Thomson dicthomson Denver Beth Thornburg btSMU SMU Jonathan Turley JonathanTurley George Washington Rebecca Tushnet rtushnet Georgetown Christopher Tyson chrisjtyson Louisiana State Barbara van Schewick vanschewick Stanford Steve Vladeck steve_vladeck American David Wagner david_m_wagner Regent Polk Wagner PolkWagner Penn Ari Ezra Waldman ariezrawaldman Cal Western Kimberlee Weatherall kim_weatherall… [read post]
17 Jul 2012, 5:50 am
Here are the questions I've put together for teaching The Health Care Cases, NFIB v. [read post]
16 Jul 2012, 10:51 am
Depending on the reading client, readers can annotate and mark-up the book electronically. [read post]
13 Jul 2012, 3:22 pm
UPDATE: Eric Goldman (of course); Tushnet; Masnick. [read post]
11 Jul 2012, 5:41 am
: "Twitter Rolls Out New Mobile Apps for iOS and Android" http://pjblack.me/LO5nKn this ban really is outrageous: "Qld journos fight filming ban" http://pjblack.me/MhZb1K #lwb480 #kkb175 a good piece from mark tushnet: "Being 'Good' at Picking Judges" http://pjblack.me/RLgEyo from the @NewYorker: "In Defense of Cursive: Reading the Declaration of Independence" http://pjblack.me/PDWqZZ a critical… [read post]
9 Jul 2012, 7:08 am
Sebelius, or to whether he truly flip-flopped on the mandate or (as Mark Tushnet suggests) he had been the “least persuaded” of the anti-mandate arguments at the initial conference and eventually concluded that it could be upheld. [read post]
9 Jul 2012, 7:08 am
Sebelius, or to whether he truly flip-flopped on the mandate or (as Mark Tushnet suggests) he had been the “least persuaded” of the anti-mandate arguments at the initial conference and eventually concluded that it could be upheld. [read post]
8 Jul 2012, 11:44 pm
Sebelius, or to whether he truly flip-flopped on the mandate or (as Mark Tushnet suggests) he had been the “least persuaded” of the anti-mandate arguments at the initial conference and eventually concluded that it could be upheld. [read post]
7 Jul 2012, 10:39 am
.)” –Mark Tushnet, Balkinization [read post]
7 Jul 2012, 10:16 am
Louis University Hollee Temple holleeinbalance West Virginia David Thomson dicthomson Denver Beth Thornburg btSMU SMU Jonathan Turley JonathanTurley George Washington Rebecca Tushnet rtushnet Georgetown Christopher Tyson chrisjtyson Louisiana State Barbara van Schewick vanschewick Stanford Steve Vladeck steve_vladeck American David Wagner david_m_wagner Regent Polk Wagner PolkWagner Penn Ari Ezra Waldman ariezrawaldman Cal Western Kimberlee Weatherall kim_weatherall… [read post]
6 Jul 2012, 7:12 am
Further commentary comes from Orin Kerr at The Volokh Conspiracy and Mark Tushnet at Balkinization. [read post]
5 Jul 2012, 8:53 am
At Balkinization, Mark Tushnet reports on a pre-decision rumor “sourced to a clerk” that the Court had voted to strike down the act, and at the Volokh Conspiracy Orin Kerr reports on an apparent pre-decision leak to Ramesh Ponnuru of the National Review. [read post]
3 Jul 2012, 12:13 pm
ANOTHER UPDATE: Over at Balkinization, Mark Tushnet has a very interesting post that includes a report on the rumors he heard after the argument, specifically sourced to a law clerk: Within a couple of weeks of the arguments, I heard a rumor, sourced to a law clerk, that the Court had voted to strike the ACA down. [read post]
12 Jun 2012, 9:27 am
At Balkinization, Mark Tushnet criticizes the Court’s “analysis of the prosecutor’s rhetoric” as “overly simple,” while Jonathan Adler of the Volokh Conspiracy and Ed Whelan of National Review Online both note that the Court has reversed the Sixth Circuit in habeas cases several times in the past few years. [read post]
8 Jun 2012, 9:11 am
Perhaps Mark Tushnet is correct that we should have been more explicit in connecting the dots between Chases’s two uses of the presumption, but we thought (and still think) the connection is clear enough. [read post]
7 Jun 2012, 2:37 pm
UPDATE: Comments on the case from: * John Welch/TTABlog * Rebecca Tushnet [read post]
4 Jun 2012, 2:48 pm
Rebecca Tushnet, Professor, Georgetown University Law Center. [read post]
25 May 2012, 4:03 pm
Lawprof Mark Tushnet wonders, noting the dissent limited to the 3 female Justices — Ginsburg, Kagan, and Sotomayor — and expressing the belief that "this is the first case in which the Court has divided along gender lines. [read post]