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Fair Credit Reporting Act Preempts State Law Defamation Claim Over Background Check

8 Apr 2024, 9:00 am by Adam S. Forman, Alexander J. Franchilli, Janae Barrett

In McKenna v. [read post]

Workforce Bulletin - https://www.workforcebulletin.com/

Fair Credit Reporting Act Preempts State Law Defamation Claim Over Background Check

8 Apr 2024, 9:00 am by Adam S. Forman, Alexander J. Franchilli, Janae Barrett

In McKenna v. [read post]

Workforce Bulletin - https://www.workforcebulletin.com/

[David Bernstein] Social and Economic Legislation and the Taft Court in the 1920s

16 Mar 2024, 4:04 pm by David Bernstein

In the case of Adkins v. [read post]

The Volokh Conspiracy - http://www.volokh.com/

Collusive Algorithms? Understanding the Antitrust Implications of Digital Consensus

15 Mar 2024, 3:17 am by Rob Robinson

Antitrust enforcers from the Department of Justice (DOJ) and the Federal Trade Commission (FTC) are intensifying their scrutiny of algorithm-related collusion, propelled by cases such as RealPage and McKenna Duffy v. [read post]

ComplexDiscovery - https://complexdiscovery.com/

TMSR Session 3: Private Actors…and their Machines

24 Feb 2024, 1:10 pm by Rebecca Tushnet

Affecting TM law (as set forth in new paper with Mark McKenna, which is excellent). [read post]

43(B)log - http://tushnet.blogspot.com/

The Taft Court: Law, History, and the Jurisprudence of Federalism

24 Feb 2024, 6:30 am by Guest Blogger

For the Balkinization symposium on Robert Post, The Taft Court: Making Law for a Divided Nation, 1921–1930 (Cambridge University Press, 2024).Edward A. [read post]

Balkinization - http://balkin.blogspot.com/

15th Trademark Scholars’ Roundtable: Session 1: Congress and the Courts (including the role of the Supreme Court)

23 Feb 2024, 1:43 pm by Rebecca Tushnet

Mark McKenna: TM is a creature of common-law courts and we don’t live in that world any more. [read post]

43(B)log - http://tushnet.blogspot.com/

Social and Economic Legislation during the Taft Court

18 Feb 2024, 6:30 am by Guest Blogger

In the case of Adkins v. [read post]

Balkinization - http://balkin.blogspot.com/

Cardozo A&ELJ symposium, Trademark

16 Feb 2024, 12:13 pm by Rebecca Tushnet

As Mark McKenna has elaborated, there’s a distinct class of acts that constitute unfair competition that we could easily read as part of 43(a). [read post]

43(B)log - http://tushnet.blogspot.com/

Taft Packed the Supreme Court – Twice

16 Feb 2024, 6:30 am by Guest Blogger

., Lochner v. [read post]

Balkinization - http://balkin.blogspot.com/

Comments on Robert Post’s Supreme Court History of the Taft Court, Part IV, The Taft Court as an Institution

15 Feb 2024, 6:30 am by Guest Blogger

State Rifle & Pistol Ass’n, Inc. v. [read post]

Balkinization - http://balkin.blogspot.com/

WIPIP session 6: IP Theory

3 Feb 2024, 2:59 pm by Rebecca Tushnet

Graham v. [read post]

43(B)log - http://tushnet.blogspot.com/

WIPIP session 2: ™ Doctrine, © Fair Use

2 Feb 2024, 2:56 pm by Rebecca Tushnet

Hanover Star v. [read post]

43(B)log - http://tushnet.blogspot.com/

An Extraordinary Turnaround in a Legal Malpractice Claim

10 Nov 2023, 6:22 am by Andrew Lavoott Bluestone

If an attorney’s actions resulted directly in the loss of a cause of action,the “measure of damages is generally the value of the claim lost” (McKenna vForsyth & Forsyth, 280 AD2d 79, 80 [4th Dept 2001], Iv denied96 NY2d 720[2001]). [read post]

New York Attorney Malpractice Blog - http://blog.bluestonelawfirm.com/

IPSC Breakout Session #1

3 Aug 2023, 11:05 am by Rebecca Tushnet

McKenna: and the reverse, where they register narrowly but claim broadly. [read post]

43(B)log - http://tushnet.blogspot.com/

SLS Faculty Weigh In on Recent SCOTUS Decisions in Roundup of the 2022-2023 Term

13 Jul 2023, 12:06 pm by Legal Aggregate

Biden v. [read post]

Legal Aggregate - https://law.stanford.edu/legal-aggregate/

Reevaluating Design Patent Obviousness

30 Jun 2023, 7:30 am by Dennis Crouch

Does KSR International Co. v. [read post]