menu

Faculty Blog Aggregator

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

RSS Feed

Office of the Comptroller of the Currency will authorize banks to compete with payday lenders

Brian Wolfman, May 24, 2018

This NY Times article by Stacy Cowley and Emily Flitter explains that A federal regulator on Wednesday encouraged banks to offer small, short-term loans to people in need of emergency cash, the Trump administration’s latest relaxation of banking…
View full post


Dagan on Contract Theory

Lawrence Solum, May 24, 2018

Hanoch Dagan (Tel Aviv University - Buchmann Faculty of Law) has posted Types of Contracts and Law's Autonomy-Enhancing Role (5 European Contract Law and Theory (2019 Forthcoming)) on SSRN. Here is the abstract: Liberals, especially of the Nozickian…
View full post


Hoffer's "Uncivil Warriors"

Dan Ernst, May 24, 2018

Peter Charles Hoffer, University of Georgia, has published Uncivil Warriors: The Lawyers’ Civil War with Oxford University Press: It was a law that empowered as well as limited the government, a law that conferred personal dignity and rights on those who,…
View full post


D.C. Board Proposes Suspension Of Pants Judge

Mike Frisch, May 23, 2018

In a case that received a high degree of notoriety in a dimly-remembered past, the District of Columbia Board on Professional Responsibility rejected a non-suspensory sanction proposed by a hearing committee and unopposed by Disciplinary Counsel in favor…
View full post


visiting a website without buying through it binds user to arbitration for offline purchase, court finds

Rebecca Tushnet, May 23, 2018

Himber v. Live Nation Worldwide, Inc., 2018 WL 2304770, No. 16-CV-5001(JS) (E.D.N.Y. May 21, 2018)In this decision, the court compels arbitration because the plaintiff had (1) previously purchased tickets from Live Nation’s website and, perhaps more…
View full post


Amicus brief in FanDuel right of publicity case

Rebecca Tushnet, May 23, 2018

Mark McKenna & I wrote an amicus brief in the FanDuel case, in which the Indiana Supreme Court is being asked to interpret its state's right of publicity law.  We argue that the First Amendment precludes right of publicity laws that go beyond…
View full post


It takes an Empire to hold Dr. Seuss back: court revisits TM claim and rejects liability for mashup

Rebecca Tushnet, May 23, 2018

Dr. Seuss Enterprises, L.P. v. ComicMix LLC, No. 16-CV-2779-JLS, 2018 WL 2306733 (S.D. Cal. May 22, 2018)Twentieth Century Fox Television v. Empire Distribution, Inc., 875 F.3d 1192 (9th Cir. 2017), interprets and applies the test from Rogers v. Grimaldi,…
View full post


Three stripes, three strikes: 9th Circuit wades into irreparable harm in TM again

Rebecca Tushnet, May 23, 2018

Adidas America, Inc. v. Skechers USA, Inc., No. 16-35204 (9th Cir. May 10, 2018) The court of appeals affirmed a preliminary injunction against one Skechers shoe for infringing the unregistered trade dress of the Adidas Stan Smith shoe, but reversed the…
View full post


Suck and blow: surgical device ads lead to $12 million in compensatory and punitive damages for competitor

Rebecca Tushnet, May 23, 2018

SurgiQuest v. Lexion Medical, Inc., No. 14-382-GMS, 2018 WL 2247216 (D. Del. May 16, 2018)The parties, which make medical equipment, sued each other for false advertising.  A jury returned a verdict in favor of Lexion under the Lanham Act and…
View full post


D.C. At Its Best

Mike Frisch, May 23, 2018

An Ad Hoc District of Columbia Hearing Committee has covered itself in glory with a tightly-reasoned, thoroughly professional report finding that an attorney who had mishandled a Tax Court case and failed to cooperate in the ensuing bar investigation…
View full post


No Slam Dunk

Mike Frisch, May 23, 2018

A plaintiff injured during a summer basketball camp slam dunk competition failed to defeat an assumption of risk defense in her action against Hofstra University according to this opinion of the New York Appellate Division for the First Judicial…
View full post


Eisenstadt on Religion and Loving

Dan Ernst, May 23, 2018

Leora F. Eisenstadt, Temple University, has posted Enemy and Ally: Religion in Loving v. Virginia and Beyond, which is forthcoming in volume 86 of the Fordham Law Review:In his 1965 opinion refusing to vacate the convictions of Richard and Mildred Loving,…
View full post


Private Admonition For No-Contact Rule Violation

Mike Frisch, May 23, 2018

A private admonition has been affirmed by the Minnesota Supreme Court for a violation of the no-contact rule Appellant was admitted to practice law in Minnesota in 1982, and primarily practices in the area of insurance litigation. He has no...…
View full post


Coffey's "Constitutionalism in Ireland, 1932-1938"

Dan Ernst, May 23, 2018

We’ve previously noted the publication of Drafting the Irish Constitution, 1935–1937: Transnational Influences in Interwar Europe (Palgrave Macmillan), by Donal K. Coffey, Senior Research Fellow, Max Planck Institute for European Legal History.  Now…
View full post


Barzun on Three Forms of Legal Pragmatism

Dan Ernst, May 23, 2018

Charles L. Barzun, University of Virginia School of Law, has posted Three Forms of Legal Pragmatism, which is forthcoming in the Washington University Law Review 95 (2018):The term “Legal Pragmatism” has been used so often for so long that it may now seem…
View full post


Zick on "Managed Speech" by Magarian

Lawrence Solum, May 23, 2018

Timothy Zick (William & Mary Law School) has posted Managing Dissent (Washington University Law Review, Vol. 95, No. 5, 2018) on SSRN. Here is the abstract: In his insightful new book, Managed Speech: The Roberts Court's First Amendment (2017),…
View full post


Risse on Artificial Intelligence & Human Rights

Lawrence Solum, May 23, 2018

Mathias Risse (Harvard University - Harvard Kennedy School (HKS)) has posted Human Rights and Artificial Intelligence: An Urgently Needed Agenda on SSRN. Here is the abstract: Artificial intelligence generates challenges for human rights. Inviolability of…
View full post


Edwards on FDR and the Gold Clause Cases

Dan Ernst, May 23, 2018

Sebastian Edwards, the Henry Ford II Professor of International Economics at the University of California, Los Angeles, has published American Default The Untold Story of FDR, the Supreme Court, and the Battle over Gold with Princeton University Press:The…
View full post


Scott-Hayward & Ottone on the Constitutionality of California's Bail System

Lawrence Solum, May 23, 2018

Christine S. Scott-Hayward (California State University, Long Beach - School of Criminology, Criminal Justice, and Emergency Management) & Sarah Ottone (Georgetown University, Law Center, Students) have posted Punishing Poverty: California's…
View full post


Landau on New Majoritarian Constitutionalism

Lawrence Solum, May 22, 2018

Joseph Benjamin Landau (Fordham University School of Law) has posted New Majoritarian Constitutionalism (103, Iowa Law Review, 2018) on SSRN. Here is the abstract: Ever since Alexander Bickel coined the phrase “counter-majoritarian difficulty,”…
View full post


Sperling Character

Mike Frisch, May 22, 2018

The Maryland Court of Appeals has suspended one brother for 90 days and continued the indefinite suspension of the other brother. The father already is disbarred. And the rest of the story - the father's activities played a significant role...…
View full post


A Fine Wine

Mike Frisch, May 22, 2018

The Colorado Presiding Disciplinary Judge approved a sanction The Presiding Disciplinary Judge approved the parties’ conditional admission of misconduct and suspended Rusty David Miller (attorney registration number 42495) for ninety days, all to be stayed…
View full post


D.C. Board Says Attorney On Probation Need Not Tell Clients

Mike Frisch, May 22, 2018

With uncharacteristic dispatch, the District of Columbia Board on Professional Responsibility adopted a hearing committee recommendation for a 90-day suspension stayed in favor of supervised probation for two years. The recommendations in In re John L.…
View full post


The Thief Of Madison County

Mike Frisch, May 22, 2018

The Indiana Supreme Court has disbarred an attorney We find that Respondent, Stephen Schuyler, engaged in attorney misconduct by stealing hundreds of thousands of dollars from six supervised estates, failing to comply with court orders, and failing to…
View full post


Deregulation, Past and Present: An ABA Teleforum

Dan Ernst, May 22, 2018

We have word of a teleconference sponsored by Administrative Law and Regulatory Practice Section of the American Bar Association, Deregulation, Past and Present.  It will take place from 12:00 PM - 1:30 PM ET on June 8, 2018.  It is open to ABA…
View full post


On The Web

Maps & Directions

Google Location Map Georgetown University Law Center 600 New Jersey Avenue NW Washington, DC 20001