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major beer battle turns on Mead (Johnson)

31 May 2019, 9:47 am by Rebecca Tushnet

(The Ninth Circuit has held that in nominative fair use cases (which this is), the defendant’s only burden is to show that the use is referential (which MC pled), after which the burden shifts back to the plaintiff to show lack of entitlement to the defense.) [read post]

43(B)log - http://tushnet.blogspot.com/

Design Law Scholars Roundtable part 3

5 Dec 2019, 10:43 am by Rebecca Tushnet

Session 3: Shaping an Overall Approach to ProtectionIntroductions: Jerry Reichman and Estelle Derclaye In what ways should different forms of protection be tailored to various types of subject matter (construed legally as forms of intellectual property, but also subject matter construed socially or commercially)? [read post]

43(B)log - http://tushnet.blogspot.com/

Thoughts on the Fulton Oral Argument

5 Nov 2020, 6:10 pm by Marty Lederman

In support of this argument, Mooppan and CSS lawyer Lori Windham repeatedly cited Church of Lukumi Babalu Aye, Inc. v. [read post]

Balkinization - http://balkin.blogspot.com/

New Paper Posted: "From a “Two Thrust Approach” to a “Two Sword One Thrust Strategy” to Combat Criminal Corruption: Corporate Compliance, Prosecutorial Discretion, and Sovereign Investor Oversight"

15 Sep 2017, 5:57 pm

Ohio National Fund, Inc. said the "escalating fraud investigation seems to us a thesis changer. [read post]

Law at the End of the Day - http://lcbackerblog.blogspot.com/

Chapter 9 (Ordering Government Through Law: Constitutions, Statutes, Treaties, Regulations, Judicial Decisions, and Other Sources): From "Elements of Law" to "Introduction to the Law and Legal System of the United States"--Building an Introductory Course to the Legal Curriculum for the 21st Century

10 Oct 2014, 11:39 am

(Pix (c) Larry Catá Backer 2014) Since 2010, I have been posting on the development of a new course I have been developing for our first year law school students, "Elements of Law. [read post]

Law at the End of the Day - http://lcbackerblog.blogspot.com/

Can Congress Investigate Whether the President Has Conflicts of Interest, is Compromised by Russia, or Has Violated the Law?

29 Jul 2019, 4:15 am by Marty Lederman

Therefore I thought it might be worthwhile to unpack those arguments a bit in this post.Background on Congress's Oversight Authority and "Informing" FunctionFor virtually all of its history, going back at least to the 1792 House investigation of the St. [read post]

Balkinization - http://balkin.blogspot.com/

Child Pornography, the Network Investigative Technique and the 4th Amendment

9 Dec 2016, 6:14 am

See Tor Metrics, The Tor Project, Inc., https://metrics.torproject.org/networksize.html. [read post]

CYB3RCRIM3 - http://cyb3rcrim3.blogspot.com/

Register Now for Online Roundtable/Conference: COVID-19 and International Affairs

2 Apr 2020, 7:31 pm

More generally, the pandemic provides an important space for approaching the way that one imparts knowledge to a wider audience, as well as the way that it is possible to converse in small and large groups. [read post]

Law at the End of the Day - http://lcbackerblog.blogspot.com/

Blawg Review of the Year

2 Feb 2010, 11:25 am by Editor

Also, Dan Hull at What About Clients has a nice thoughtful piece about looking back, remembering, and embracing life. [read post]

Blawg Review - http://blawgreview.blogspot.com/

Blawg Review of the Year

2 Feb 2010, 11:25 am by Editor

Also, Dan Hull at What About Clients has a nice thoughtful piece about looking back, remembering, and embracing life. [read post]

Blawg Review - http://blawgreview.blogspot.com/

9750 Words on Elena Kagan

7 May 2010, 10:00 pm by Tom Goldstein

New Yorker Magazine, Inc. [read post]