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17 Feb 2014, 12:12 pm
Marshall (2006) case (which I observed as a clerk) and the Stern v. [read post]
17 Feb 2014, 7:26 am by Rebecca Tushnet
   This discrimination in favor of the already powerful is what makes trademark law, in its role as emotional regulator, constitutionally problematic.This power can’t be justified by trademark-specific concepts of economic harm or property, because those concepts can’t be made trademark-specific except by pure fiat. [read post]
14 Feb 2014, 10:07 am
(Of course, this analysis has no bearing on arguments in favor of religious prisons that don’t hinge on their value in reducing recidivism.) [read post]
12 Feb 2014, 2:19 pm
In the end, a claim of ineffectiveness is ultimately concerned with the fairness of the process as a whole rather than its particular impact on the outcome of the DUI case as held in People v Benevento and People v Prescod. [read post]
11 Feb 2014, 9:33 am by Venkat Balasubramani
We’ve seen posts from police officers, nurses, teachers, and from people charged with adjudicating people’s entitlement to benefits. [read post]
10 Feb 2014, 3:35 pm by Schachtman
Michaels did not seem to mind if his editorial recommendations favored the litigation industry and hurt the truth. [read post]
7 Feb 2014, 5:25 pm by Rebecca Tushnet
  In a timeline of self-execution, comes after Missouri v. [read post]
7 Feb 2014, 5:11 pm
And more recently, it was Sandra Day O’Connor who reminded us in Hamdan v. [read post]