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23 Feb 2024, 1:43 pm by Rebecca Tushnet
They’d look for some little snippet of text in the Lanham Act; Scalia was a textualist but he could read a law in its entirety. [read post]
16 Feb 2024, 5:44 pm
(The Dance of Debt and the Stability of Strategic Economic Misery: Cuba (Again) Restructures its (Unpayable) Foreign Debt). [read post]
30 Jan 2024, 9:02 pm by renholding
I dissent from the Commission’s denial of a petition to amend Rule 202.5(e), our so-called gag rule.[1]  This de facto rule follows from the Commission’s enforcement of its policy, adopted in 1972, that it will not “permit a defendant or respondent to consent to a judgment or order that imposes a sanction while denying the allegations in the complaint or order for proceedings. [read post]
25 Jan 2024, 6:32 am by Daniel J. Gilman
The court held that the FTC had applied the wrong legal standard in evaluating Illumina’s “open offer” (see me here; Alden Abbott here and here; Jonathan Barnett here; and the International Center for Law & Economics’ (ICLE) amicus brief here). [read post]