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3 May 2019, 8:32 am by Rebecca Tushnet
  [I like the suggestion, which I’m not sure has shown up in the cases, that advertising functional features has a separate impact on secondary meaning—it’s not jus [read post]
2 May 2019, 4:56 pm by Mikhaila Fogel, Quinta Jurecic
I'm very concerned that Attorney General Barr's answer on April 9, 2019 wasn't honest. [read post]
29 Apr 2019, 6:18 am by MBettman
In other cases, in the jeopardy inquiry, the Court has asked whether the tort was absolutely necessary to protect the public policy, or whether there were other ways to do that. [read post]
26 Apr 2019, 11:20 am by Margaret Taylor
” As I wrote on Lawfare a few weeks ago, the Trump White House has been using the argument that Congress has no legitimate legislative purpose in a matter as a justification to refuse to comply with requests for information and documents from multiple House committees in connection with multiple oversight investigations. [read post]
21 Apr 2019, 8:17 pm by Omar Ha-Redeye
The court dealt with a number of reports on Indigenous representation on juries, including Racial Discrimination in Canada, the 1999 Report of the Aboriginal Justice Inquiry of Manitoba, and the Final report from the Commission on First Nations and Métis Peoples and Justice Reform. [read post]
20 Apr 2019, 5:00 pm
            I’m betting the shooting will pass muster as a matter of criminal and constitutional law. [read post]
18 Apr 2019, 12:41 pm by Lev Sugarman
Beginning in June 2016, [Redacted: Harm to Ongoing Matter] forecast to senior Campaign officials that WikiLeaks would release information damaging to candidate Clinton. [read post]
17 Apr 2019, 6:11 am by Mikhaila Fogel, Margaret Taylor
A few weeks prior, the House had voted 410-4 to open a formal impeachment inquiry into Nixon. [read post]
16 Apr 2019, 10:00 am by Katherine Gallo
About a year ago I received an inquiry from a lawyer stating: I’m researching whether the defendant can file a motion for a protective order after my motion to compel was already granted—I’m’ trying to find a case that precludes the protective order motion as a matter of law—res judicata perhaps? [read post]
15 Apr 2019, 6:22 am by Rebecca Tushnet
  And yet: if people really would be confused, why would it matter that the claimed subject matter was abstract? [read post]
14 Apr 2019, 7:57 pm by Omar Ha-Redeye
But, it won’t matter how modern the justice system is, if people can’t access it. [read post]
4 Apr 2019, 6:18 am by Emma DiNapoli
Further, the government argues that it has significant discretion in matters of national security and defense. [read post]
29 Mar 2019, 4:00 am by Amy Salyzyn
Now, with all that throat-clearing, let’s get to the heart of the matter. [read post]