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24 Aug 2015, 6:07 am
See, e.g. [read post]
26 Mar 2014, 7:50 am
” This inquiry shouldn’t really be labeled “statutory standing” either, since the absence of a valid cause of action doesn’t implicate subject matter jurisdiction.We can’t read the statute’s reference to “any person who believes that he or she is likely to be damaged” by a defendant’s false advertising literally, since that would allow anyone who satisfied Article III to sue, and we’re sure Congress didn’t mean that,… [read post]
4 Apr 2014, 12:03 pm
E.g., Kelly v. [read post]
8 Aug 2024, 11:11 am
The idea of this project is to take that seriously: what if they’re right, by their own lights? [read post]
13 Mar 2015, 6:40 am
E.g. [read post]
10 Jan 2017, 9:07 am
See, e.g. [read post]
25 Jan 2014, 8:58 am
In re Estate of Mosery, 349 N.J. [read post]
30 Mar 2016, 8:58 am
Stewart, by contrast, sees countries’ sovereignty as potentially being strengthened by the fact that, through greater cooperation, they may become more able to achieve their goals (e.g., limiting tax evasion by high-income individuals and tax avoidance by large multinationals).For me, this disagreement reflects that “sovereignty” is a murky concept, and often not helpful in these debates. [read post]
30 Jan 2017, 5:52 am
This post examines a recent opinion from the Court of Appeals of Minnesota: State v. [read post]
25 Jun 2019, 12:16 pm
That is, in theory we’re looking for symbols that perform a source-identifying function. [read post]
Private Censorship Is Not the Best Way to Fight Hate or Defend Democracy: Here Are Some Better Ideas
30 Jan 2018, 9:51 am
Or they’re things some users want to read and others don’t. [read post]
2 Jun 2016, 7:12 am
Tattoos, of course, are a biometric characteristic, but they’re also unique because they’re elective (people generally choose to get tattoos) and expressive (they say things about our personal lives). [read post]
10 Aug 2018, 10:34 am
Harm produced through expression: can be copyright harm, or other harm, e.g., defamation. [read post]
1 Apr 2016, 3:02 am
See, e.g., Bruesewitz, 562 U.S. at 234 n.41 (including Alabama in list of across the board states).What we have seen recently – and it’s unusual – is two significant law review articles on comment k. [read post]
4 Aug 2021, 11:49 am
Maybe we’re going [read post]
8 Jul 2016, 3:46 pm
“Considering how intertwined ‘likelihood of confusion’ is with the other claims, it cannot be ruled that B&B waived or is estopped from re-litigating the other claims when it explicitly argued that such an important element was improperly decided. [read post]
14 May 2015, 7:28 am
Here we’re singing from the same hymnals, such as Dr. [read post]
22 Jul 2022, 7:45 am
Existing options focus on choices involving the final stages of dementia, e.g. refusing feeding tubes when one can no longer swallow. [read post]
13 Feb 2023, 9:37 am
If the feature is in a trademark space (e.g. left breast of shirt), it is more likely to be classified as a logo or product packaging. [read post]
8 Jul 2021, 7:11 pm
Rooming House Act did not apply to Assisted Living Facility here ESTATE OF JAMES BURNS, by and through BRIAN BURNS, EXECUTOR,v CARE ONE AT STANWICK, LLC d/b/a CARE ONE HARMONY VILLAGE AT MOORESTOWN and CARE ONE, LLC,SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISIONDOCKET NO. [read post]
