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On August 23, 2019, the United States Court of Appeals for the Fifth Circuit issued its long-awaited opinion in Klocke v. [read post]
12 Jul 2015, 4:47 am by Marie-Andree Weiss
Bill Drafted to Respect First Amendment However, no consent would be required if the use is not an “advertisement, endorsement or solicitation for the sale of purchase of a product, article or merchandise, good or service, other than for the work itself and the work does not contain an image or likeness that is primarily commercial, not transformative and is not otherwise protected by the First Amendment of the United States Constitution or New York State… [read post]
28 Jan 2011, 1:30 pm
But Macy’s skips a step; nowhere does it set forth facts that rebut the presumption of validity to which United’s copyright is entitled, and Macy’s does not even argue that it has rebutted that presumption. [read post]
18 Feb 2014, 12:29 pm by Federalist Society
This case presents two questions regarding the power of bankruptcy courts: One, does Article III of the Constitution permit bankruptcy courts to exercise the judicial power of the United States on the basis of litigant consent--and if so, can consent be implied by litigant conduct? [read post]
18 Feb 2014, 12:29 pm by Federalist Society
This case presents two questions regarding the power of bankruptcy courts: One, does Article III of the Constitution permit bankruptcy courts to exercise the judicial power of the United States on the basis of litigant consent--and if so, can consent be implied by litigant conduct? [read post]
3 Jul 2014, 12:52 pm by Ruthann Robson
Obama in the District Court for the District of Columbia, the petitioner relies on Monday's controversial decision by the United States Supreme Court in Burwell v.... [read post]
11 Jun 2024, 1:24 pm by Joseph L. Hyde
Recognizing that federal caselaw in this area is not binding, it nevertheless adopts the reasoning of the United States Supreme Court in U.S. v. [read post]