Many Georgetown Law faculty members contribute to blogs on diverse legal topics. Following are the most recent posts automatically combined from several blog sources.

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Marsden on Fox on Global Antitrust

Lawrence Solum, March 24, 2017

Philip Marsden (College of Europe) & Spencer Weber Waller (Loyola University of Chicago, School of Law - Institute for Consumer Antitrust Studies) have posted Citizen Fox: The Global Antitrust Vision of Eleanor Fox on SSRN. Here is the abstract: This...…
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No Right For Firms To Accept Outside Investments

Mike Frisch, March 24, 2017

An opinion issued today by the United States Court of Appeals for the Second Circuit Plaintiffs‐Appellants Jacoby & Meyers, LLP, a limited liability law partnership, and Jacoby & Meyers USA II, PLLC, a related professional limited liability company…
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First Amendment bars labeling restriction for "skim milk" without added Vitamin A

Rebecca Tushnet, March 24, 2017

Ocheesee Creamery LLC v. Putnam, 2017 WL 1046104, --- F.3d ----, No. 16-12049 (11th Cir. Mar. 20, 2017)The Creamery here succeeded in its First Amendment claim to use the words “skim milk” to describe its product. The Creamery produces cream by skimming it…
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TM scholars' roundtable, part 4

Rebecca Tushnet, March 24, 2017

Research directions in Trademark Law 2017-2018 Discussants:    Bill McGeveran: History of scholarly productivity coming 1-2 years after the roundtables as seeds germinated.  Agenda-setting: boundary issues and registration. …
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Kornhauser on Taxing Bachelors

Dan Ernst, March 24, 2017

The Bachelor's Ideal (NYPL)Marjorie E. Kornhauser, Tulane University School of Law, has posted Taxing Bachelors in America: 1895-1939:Bachelor taxes have existed across the globe and throughout millennia. In modern income taxes, they occur only indirectly,…
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TM Scholars' roundtable part 3

Rebecca Tushnet, March 24, 2017

Fame, Reputation and “Well-Known-ness”Mark Janis: is fame something distinguishable from distinctiveness, or is it merely the highest degree of distinctiveness?  Possible topics: dilution thresholds v. well-known marks thresholds.  Coach v.…
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Risky Business

Mike Frisch, March 24, 2017

The Kansas Supreme Court ordered a partially-stayed two-year suspension of an attorney, affirming findings of a hearing panel that he had engaged in escrow violations and a prohibited business transaction with his client. The court rejected the attorney's…
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Shapiro on the Planning Theory of Law

Lawrence Solum, March 24, 2017

Scott J. Shapiro (Yale University - Law School) has posted The Planning Theory of Law on SSRN. Here is the abstract: Hart famously characterized the “essence” of law as “the union of primary and secondary rules.” In doing so, he...…
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Free Press: An ICH Seminar

Dan Ernst, March 24, 2017

[We have the following announcement.] The Institute for Constitutional History is pleased to announce another seminar for advanced graduate students and junior faculty, “Free Press.” Historically, the American press has been among the freest in the…
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Protecting Vulnerable Hoosiers: State May Sue Foreclosure Defense Law Firms

Mike Frisch, March 24, 2017

The Indiana Supreme Court affirmed the denial of summary judgment in favor of defendant law firms Consumer Attorney Services, P.A., The McCann Law Group, LLP, and Brenda McCann (collectively “Defendants”) appeal the trial court’s denial of their motion for…
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The Long Version of the Case for Originalism

Lawrence Solum, March 24, 2017

My statement concerning the Gorsuch nomination gives a very concise argument for originalism. A much more complete argument is contained in The Constraint Principle: Original Meaning and Constitutional Practice, a work-in-progess that I have just posted to…
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Schauer on Waismann & Legal Language

Lawrence Solum, March 24, 2017

Frederick Schauer (University of Virginia School of Law) has posted Friedrich Waismann and the Distinctive Logic of Legal Language on SSRN. Here is the abstract: This paper was written as a keynote address for a University of Vienna/Vienna Circle…
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Said on Copyrighting Conceptual Art

Lawrence Solum, March 24, 2017

Zahr Said (University of Washington - School of Law) has posted Copyright's Illogical Exclusion of Conceptual Art (Columbia Journal of Law & the Arts, Vol. 39, No. 3, Pp. 335-54, 2016) on SSRN. Here is the abstract: his Essay argues...…
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As Sober As A Judge

Mike Frisch, March 24, 2017

A circuit court judge must adhere to an agreement to comply with treatment under the supervision of the Kentucky Lawyers Assistance Program ("KYLAP"). The judge was the subject of 13 charges of misconduct and submitted to an evaluation. He disclosed...…
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Schröter on Modern Conceptions of Political Order

Lawrence Solum, March 24, 2017

Nico Schröter (Bucerius Law School - Chair of Public Law and Comparative Law) has posted Order, Authority, and Law: On the Development of Modern Conceptions of Political Order, Legitimate Rule, and Law and How They are Challenged (LSE Law Review...…
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A Cavalier Attitude In The Bluegrass State

Mike Frisch, March 24, 2017

The Kentucky Supreme Court has denied relief to an incarcerated defendant who was convicted of biting off the ear of a fellow inmate. The defendant was represented at trial by a public defender from the Pacudah Department of Public Advocacy....…
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"Revised GOP health bill saves less money than original, number of uninsured stays the same"

Brian Wolfman, March 24, 2017

Here.…
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Attorney Suspended: Twice "Behaved In A Grossly Vulgar And Antisocial Manner"

Mike Frisch, March 24, 2017

A 180 day suspension with a condition imposed by a hearing panel was affirmed by the Michigan Attorney Discipline Board This matter arises from a Consolidated Notice of Filing of Judgment of Conviction and Formal Complaint filed by the Grievance...…
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Kerr & Schneier on Encryption Workarounds

Lawrence Solum, March 23, 2017

Orin S. Kerr and Bruce Schneier (The George Washington University Law School and Harvard University - Berkman Klein Center for Internet & Society) have posted Encryption Workarounds on SSRN. Here is the abstract: The widespread use of encryption has…
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Video of My Testimony Before the Senate Judiciary Commitee

Lawrence Solum, March 23, 2017

Here is a link to the video: https://www.c-span.org/video/?c4663141/solum-originalism And to my written testimony: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2939019…
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TM scholars' roundtable part 2

Rebecca Tushnet, March 23, 2017

Session 2: Proxies for Distinctiveness; Proving Distinctiveness (and Secondary meaning); Strength of a MarkDo current doctrinal tests properly assess actual consumer reaction to purported marks? What is and should be the role of consumer surveys in proving…
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Perry & Kantorowicz-Reznichenko on Income-Dependent Punitive Damages

Lawrence Solum, March 23, 2017

Ronen Perry and Elena Kantorowicz-Reznichenko (University of Haifa - Faculty of Law and Erasmus University Rotterdam) have posted Income-Dependent Punitive Damages (Washington University Law Review, Forthcoming) on SSRN. Here is the abstract: Punitive…
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Mothers and the Constitution: An ICH Seminar

Dan Ernst, March 23, 2017

[We have the following announcement.]The Institute for Constitutional History is pleased to announce another seminar for advanced graduate students and junior faculty, “Mothers and the Constitution”:The seminar will explore the relationship between the…
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False Statements In Federal Disciplinary Matter Draws New York Suspension

Mike Frisch, March 23, 2017

Reciprocal discipline has been imposed by the New York Appellate Division for the First Judicial Department based on sanctions ordered by a federal district court In February 2013, the Committee on Grievances for the United States District Court for the...…
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TM scholars' roundtable

Rebecca Tushnet, March 23, 2017

Ninth Trademark Scholars Roundtable: Distinctiveness, Secondary Meaning, Reputation And FameChicago-Kent College of LawSession 1:       Distinctiveness (including Secondary Meaning) as a Legal ConceptIntroduction:  …
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