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10 Sep 2016, 11:31 pm
Within the relatively staid, traditionalist environment of Australian constitutional law, Cole v Whitfield represents something of a revolution; it is telling (and instructive if any similar, lasting shift is sought in India) that the revolution occurred amid relative consensus as to the undesirability of the existing model, and was able to command and draw upon historical and legal scholarship. [read post]
10 Sep 2016, 6:47 pm by Rishabh Bhandari
To add injury to insult, Kammen tells Judge Spath that he might be “the first judge in history” to be reversed on the grounds of discretion. [read post]
10 Sep 2016, 11:14 am by Rebecca Tushnet
  Tasting the TM in Pepsi/Coke studies.What we know about brands v. what we know about TMs—Deven Desai has written about the distinction and the lack thereof that has been part of the problem. [read post]
9 Sep 2016, 5:02 pm by Rebecca Tushnet
  Abishek Nagaraj: Good job of studying IP free zones v. struggles. [read post]