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21 Aug 2013, 4:27 am
As for attorney’s fees and costs, the court noted that there could be more than one prevailing party when there were multiple claims: fees could even be awarded to both parties, given that a single Lanham Act lawsuit can have distinctly different claims that can be treated as if they’d been raised in separate lawsuits. [read post]
22 Jun 2022, 11:15 am
It is with great delight that I pass along the announcement of an exciting new Online Symposium. [read post]
7 May 2024, 6:44 pm
That, perhaps unintentionally, appears to come out quite distinctly in words that President Biden meant as solace and comfort for the citizens and residents of the United States who also happen to be, believe themselves to be, or are believed by others to be Jews. [read post]
3 Jan 2023, 8:30 am
What is observed is signified quite distinctly because interpretive signs are valued differently, and assume different pointing functions. [read post]
26 Dec 2017, 5:59 am
It comes as no surprise that the National Security Strategy of the United States (4 Dec. 2017) (hereafter the "NSS") has generated substantial interest (my assessment of NSS HERE). [read post]
2 Feb 2024, 2:56 pm
Metcalf cited passing off cases from UK even though that was already a distinctly different doctrine from registered TM protection, by 1916. [read post]
9 Feb 2018, 8:37 pm
These days, the total population rule in the Constitution moves power within Congress in a distinctly Southwesterly direction, compared to where it would be if we didn’t count all those children and non-citizens. [read post]
1 Jan 2014, 10:00 am
I have suggested otherwise, positing that it is necessary to move away from state-focused legal paradigms, redolent with hierarchy and order, and to embrace ἄναρχος, an aggregation of systems without rulers but with an order quite distinctly from the late feudal ism of the law-state system embedded within it.[9] I have previously written[10] that what I call global law, the law of non-state governance systems, can be understood as the systematization… [read post]
14 Nov 2019, 6:30 am
Any interpretation of delegated power which threatened to create a single “consolidated government” was presumptively incorrect given the interpretive mandate to preserve the remnant sovereign independence of the states.Tucker’s rule of strict construction is a distinctly federalist rule of construction. [read post]
25 Jan 2021, 10:15 am
Ariix, LLC v. [read post]
21 May 2020, 6:30 am
For the Symposium on Timothy William Waters's Boxing Pandora: Rethinking Borders, States, and Secession in a Democratic World (Yale University Press, 2020) and F. [read post]
29 Jun 2021, 6:30 am
The cut-off also reflects a view held by most scholars and judges that materials leading up to, and during, the public ratification debates are distinctly more relevant to determining the original public understanding of the text. [read post]
3 Jul 2023, 6:30 am
For the Balkinization symposium on Martin Loughlin, Against Constitutionalism (Harvard University Press, 2022).Martin Loughlin’s new book Against Constitutionalism is extraordinarily rich and provocative. [read post]
11 Aug 2016, 10:25 am
Scarcity of Attention in a World without IP Jake Linford We impose artificial scarcity so authors can pick up sunk costs. [read post]
14 Sep 2024, 2:20 pm
Pix credit hereI was delighted to have been able to "sit" for a short interview with Payman Yazdani for the Mehr News Agency. [read post]
28 Dec 2014, 12:07 am
Since both liberal democratic constitutionalism and laissez-faire capitalism were distinctly American attributes, 'development' itself came to be seen by many as proof of the practical and moral superiority of American-ness.The emotional triumph of the American linkage of development, neo-Madisonian constitutionalism, and laissez-faire capitalism was, of course, the fall of the Berlin Wall. [read post]
24 May 2022, 6:30 am
., at best distinctly partial truths in the service of what are political ends. [read post]
18 Jun 2024, 7:02 am
The idea of the UNGP, then, drives State directed compliance in two distinctly different directions. [read post]
9 Mar 2013, 5:24 am
All too often the labels and categories routinely invoked for both descriptive and analytical political discourse in public fora bespeak the noxious effects of intellectual lethargy, ideological calcification, and even the crassness of black-and-white thinking. [read post]
5 Feb 2015, 8:24 am
This piece originally appeared at TomDispatch. [read post]
