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22 Jun 2017, 9:20 am
Under the ruling, written by Justice Anthony M. [read post]
22 Jun 2017, 8:52 am
Justice Anthony Kennedy’s opinion took more of a Gordian knot approach. [read post]
20 Jun 2017, 11:33 am
Unlike the dilution statute, the infringement statutes require proof that the accused infringer’s use of the mark is likely to cause confusion, but they do not explicitly require “commercial use” of the mark for trademark protection or infringement. [read post]
20 Jun 2017, 11:25 am
Justice Samuel Alito wrote the dissent in Walker (joined by Chief Justice John Roberts, Justice Antonin Scalia and Justice Anthony Kennedy) and the majority opinion in Tam. [read post]
20 Jun 2017, 9:43 am
” And Justice Anthony Kennedy further explains: “To prohibit all sides from criticizing their opponents makes a law more viewpoint based, not less so. [read post]
20 Jun 2017, 4:29 am
Mark Walsh has a “view” from the courtroom for this blog. [read post]
19 Jun 2017, 7:37 pm
All eight justices agreed that this argument misses the mark. [read post]
19 Jun 2017, 4:19 pm
But the government refused to register the mark, on the ground that The Slants disparages “persons of Asian descent. [read post]
19 Jun 2017, 8:37 am
The government wasn’t trying to forbid the band from using the mark; it was just denying it certain protections that trademarks get against unauthorized use by third parties. [read post]
19 Jun 2017, 7:58 am
In a concurring opinion, Justice Anthony Kennedy said the disparagement clause “constitutes viewpoint discrimination—a form of speech suppression so potent that it must be subject to rigorous constitutional scrutiny. [read post]
19 Jun 2017, 7:50 am
Breyer; but a concurring opinion by Justice Anthony M. [read post]
17 Jun 2017, 3:45 pm
She went on to be hired as a Supreme Court clerk to Justice Anthony M. [read post]
17 Jun 2017, 11:21 am
Verso, 1991.Siderits, Mark, Evan Thompson, and Dan Zahavi, eds. [read post]
17 Jun 2017, 11:21 am
Verso, 1991.Siderits, Mark, Evan Thompson, and Dan Zahavi, eds. [read post]
15 Jun 2017, 11:56 am
This pattern of gender disparity in interruptions could create a marked different in the relative degree of influence between the male and female justices. [read post]
15 Jun 2017, 11:56 am
This pattern of gender disparity in interruptions could create a marked different in the relative degree of influence between the male and female justices. [read post]
15 Jun 2017, 11:56 am
This pattern of gender disparity in interruptions could create a marked different in the relative degree of influence between the male and female justices. [read post]
14 Jun 2017, 10:20 am
Siderits, Mark, Evan Thompson, and Dan Zahavi, eds. [read post]
7 Jun 2017, 6:49 am
But if an Illinois state employee, Mark Janus, has his way, Abood may not survive to see 41. [read post]
5 Jun 2017, 4:18 am
” In The Economist, Steven Mazie observes that “as is so often the case, everything may turn on how Justice Anthony Kennedy sees the executive order. [read post]
