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20 Aug 2020, 11:26 am
Discussions of “constitutional hardball,” which are rife these days—and a major theme of Mark Tushnet’s new book discussed in a recent symposium here on Balkinization—include lots of possibilities, including Court-packing or even, should GOP controlled states refuse to certify electors in states Biden carries after November, the refusal by the Democratic House to seat any members of those states’ congressional delegations (inasmuch as… [read post]
12 Nov 2017, 6:04 pm
On aggregate, using a human-based PHOSITA standard in this type of situation would lead to far too many patents that are in fact obvious to machines (p. 26).The implications of advanced artificial intelligence for intellectual property law is an emerging area that several scholars have begun to tackle, including Liza Vertinsky, Shlomit Yanisky-Ravid, Xiaoqiong (Jackie) Liu, Samuel Moorhead, Amanda Levandowski, and Mark Lemley, among others. [read post]
2 Jun 2017, 7:27 pm
This is the final part of a five-part series on the Fourth Circuit’s recent en banc decision in IRAP v. [read post]
3 Feb 2024, 2:59 pm
Andrew Gilden, Talking Pleasure in IP Courts and advocates are skeptical of value of pleasure; when they want to honor it, they reframe it as something else, like social justice. [read post]
7 Nov 2024, 7:52 am
I was delighted to have been asked to contribute to the International Scientific Conference ‘Legal Imaginaries of Crisis and Fear’ taking place 9 November 2024, in Sofia Bulgaria (more on that event HERE). [read post]
30 Mar 2012, 2:32 pm
Rebecca Tushnet, Georgetown University Law Center The Eye Alone Is the Judge: Images and Design Patents Fear of images is common in law, resolved by two contradictory and unpredictably deployed concepts – the image as transparent representation of reality and the image as opaque and non-dissectable fact in the world. [read post]
16 Jul 2010, 8:57 am
: Corporate Criminal LiabilityGeneral Reporter: Mark Pieth, Basel, SwitzerlandChair: Susan Karamanian, Washington, D.C., USA12:30 pmLunches: Please indicate on your registration form which lunch you plan to attend. [read post]
16 Mar 2011, 3:27 pm
Luncheon Keynote Jim Davidson, Executive Director of the Alliance for American Advertising and The Advertising Coalition, Chair, Public Policy Group, Polsinelli Shughart PC Unprecedented level of attacks: taxes on ads (limits on deductibility); restrictions on food ads, especially for those under 18; online ads for prescription drugs (stalemate at FDA about this); limits on online consumer research. 100 new Republican members with no commitment to prior priorities. [read post]
15 Dec 2017, 7:25 am
” Harvard Law School professor Mark Tushnet also included an excerpt in his edited book, “I Dissent: Great Opposing Opinions in Landmark Cases” (2008). [read post]
9 Jan 2024, 12:05 pm
I thought this item from Prof. [read post]
24 Jan 2023, 9:52 am
Given the developments of 2022 and the past decade, we’re already witnessing the collapse of Web 2.0, and 2023 could officially mark the conclusion of that era. [read post]
9 Oct 2022, 9:04 pm
In a single week in June 2022, at the close of its last term, the U.S. [read post]
15 Aug 2018, 2:59 pm
Asay cdasay BYU Christy Hurt ach_ BYU Gordon Smith professor_smith BYU Ari Ezra Waldman ariezrawaldman Cal Western James Coleman energylawprf Calgary Jassmine Girgis JassmineGirgis Calgary Corporate restructuring Corporate law Contracts Lorian Hardcastle Lorian_H Calgary Health law Ian Holloway LawDeanHolloway Calgary Fenner Stewart fennerstewart Calgary … [read post]
23 Jan 2015, 4:44 am
Below the fold is Version 3.0 of the census of law prof Twitter users. [read post]
17 Jul 2012, 5:50 am
Here are the questions I've put together for teaching The Health Care Cases, NFIB v. [read post]
12 Aug 2016, 4:49 pm
The Nature of Sequential InnovationChristopher Sprigman, Christopher Buccafusco & Stefan Bechtold How to pick between innovating or borrowing. [read post]
18 May 2023, 6:30 am
Sanford Levinson This post was prepared for a roundtable on Constitutional Crises, convened as part of LevinsonFest 2022. [read post]
26 Jan 2023, 8:00 am
For the Balkinization 20th Anniversary SymposiumSandy Levinson I have been teaching courses on American constitutional law for almost 50 years. [read post]
28 Jan 2014, 3:36 pm
(See Mark Tushnet’s essay here.) [read post]
14 Oct 2016, 8:16 am
Choice is a legislative matter.Rebecca Tushnet, Georgetown Law: Concerns of those supporting Samsung: Now that the seal on mentioning trolls has been broken. [read post]
