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Trump Really Is Too Small: The Right to Trademark Political Commentary

least as applied to marks containing political commentary. 15 U.S.C. § 1052(c) provides, in pertinent part, that the PTO must deny federal registration to a trademark if it “[c]onsists of or comprises a

Addressing the Toll of Truth Telling

conflict through a new historical lens. Despite the transformative potential of TRCs, they are still part of transitional justice programming and, therefore, unavoidably political endeavors. In seeking truth

Some Political Implications of Religious Beliefs

government regulation of the participation of the religion and its members in the political process. See, e.g., Mansfield, The Religion Clauses of the First Amendment and the Philosophy of the Constitution, 72 ... significantly, if subtly, shapes American views on church-state relations. Because privatized religion and secularized politics are thought necessary for religious freedom and social and political stability

Environment, Violence, and Political Change

(2001). Available at: Follow thsi and additional works at; http; //scholarship; law; nd; edu/ndjlepp POLITICAL CHANGE RAIMO VAYRYNEN* I. THE RESEARCH PUZZLE Traditionally, the analysis of violent ... conflicts has been a rather straightforward task. Unitary State actors have confronted each other over divisible spoils concerning territory, natural resources, or the seat of political power. If diplomacy

A Propos of Professor Perry: A Plea for Philosophy in Sexual Ethics

Philosophy in Sexual Ethics , 9 Notre Dame J.L. Ethics & Pub. Pol'y 75 (1995). Available at: - Article 4 I. Philosophical reflection on sexual ethics has historically been dominated by two problems. The ... first of these we might * Department of Philosophy, University of Notre Dame. 1. D.H. LAWRENCE, A Prpos of "LadyChatterly's Lover", in PHOENIX II 487, 489-90 (1968). 2. John Finnis Law, Morality and

An Item Veto: A Constitutional and Political Irrelevancy

discourage spending: The [national political] system is one of checks and bal ances, and the Federal machinery for combatting and deflating departmental concepts of what is necessary is so extensive and at ... legislation. If the current deficits can not to be explained in institutional terms, how can they to be explained? Perhaps these deficits reflect more a political than an institutional problem. Rather than

Google, Charlottesville, and the Need to Protect Private Employees’ Political Speech

At a time when the freedom of speech is increasingly under attack, the question becomes: what protections are available to employees of private companies who wish to engage in political expression ... by an authorized editor of BrooklynWorks Follow this and additional works at; https; //brooklynworks; brooklaw; edu/blr - to Protect Private Employees’ Political Speech INTRODUCTION Consider that

Compensable Liberty: A Historical and Political Model of the Seventh Amendment Public Law Jury

particularized unfairness and harm from its application.6 The text for this pragmatic solution to the conflict between absolute economic liberties and political expediency was the Court's earlier assertion in

The Political Process Argument for Overruling Quill

Should the U.S. Supreme Court overrule Quill Corporation v. North Dakota? A careful assessment of the federal political process suggests that the Supreme Court itself should overturn Quill in the ... , that Congress should correct the Court when Congress has the authority to do so.9 However, a careful assessment of the federal political process suggests a contrary conclusion, namely, that the Supreme

The Guilty but Mentally Ill Verdict: Political Expediency at the Expense of Moral Principle

in a political vacuum or in an atmosphere devoid of public pressures. 5 The events following the trial of Dan White illustrate how public sentiment can influence and shape such legislative decision

The Political Economy of Decarbonization: A Research Agenda

gas emissions in major part because of political resistance to more aggressive policies. Academic policy research to date has primarily focused on what policies are economically optimal, or on what is ... . Rev. 605 (2017). Available at: https://brooklynworks.brooklaw.edu/blr/vol82/iss2/8 Follow this and additional works at; https; //brooklynworks; brooklaw; edu/blr - The Political Economy of

An Unconstitutional Response to Citizens United: Mandating Shareholder Approval of Corporate Political Expenditures

snack they may be for lunchtime, munch time, anytime. –Stephen Colbert1 INTRODUCTION Mr. Colbert, the host of a satirical political news show, The Colbert Report,2 took some significant steps toward ... PepsiCo’s sponsorship violated federal campaignfinance laws that—at the time—barred corporations from directly contributing to candidates or making independent political expenditures from their corporate

Developing a Philosophy of Lawyering

of law, lawyers develop, either thoughtfully or haphazardly, a general approach for making these decisions. I use the term "philosophy of lawyering" to refer to the basic principles that a lawyer uses ... lawyering. The beginning point for this debate has been called "neutral partisanship" or the "dominant view" of the lawyer's role. Under a philosophy of neutral partisanship, lawyers zealously represent their

Lying and Cheating, or Self-Help and Civil Disobedience?

generally, what we owe each other in our interpersonal interactions depends on the institutional backdrop. Consumer contract law, including its enforcement regimes, should recognize the social and political ... the seller is poor and imagine you are rich. Assume that you are part of the same political society, and assume too that this society does not meet its obligations of distributive justice.2 © Aditi

#LosingTheThread: Recognizing Assembly Rights in the New Public Forum

The specter of banishment from the vibrant public forum of social media to the empty streets and deserted sidewalks is a matter of increasing political, social, and cultural importance. Today, nearly ... /article/governors-and-federal-agencies-are-blockingaccounts-on-facebook-and-twitter [https://perma.cc/AG7W-E92B]. 6 Id. Unwilling to accept exile from political discourse, some of the 492 account holders

The Case for LGBT Equality: Reviving the Political Process Doctrine and Repurposing the Dormant Commerce Clause

v. Evans Court 20 years ago. Both the Colorado amendment and the new wave of Hester-type laws implicate the precise concerns that the Court’s limited application of the political process doctrine was ... “ Kati” Haupt and Allison Evans, whose work on equal protection as applied to LGBT individuals and the political process doctrine, respectively, helped inform sections in this article. Beyond their

Religious Discourse and the Reinvigoration of American Political Life

raise children as boys or girls by contrasting sex-appropriate behaviors with those that are more characteristic of the opposite sex. * Assistant Professor of Law and Philosophy and Acting Director, Thos ... political chaos of the Middle East, have created, I believe, an ideal surrogate foil for us. The specter of Islamic fundamentalism has replaced the threat of atheistic communism as that in opposition to which

Religious Discourse and the Reinvigoration of American Political Life

raise children as boys or girls by contrasting sex-appropriate behaviors with those that are more characteristic of the opposite sex. * Assistant Professor of Law and Philosophy and Acting Director, Thos ... political chaos of the Middle East, have created, I believe, an ideal surrogate foil for us. The specter of Islamic fundamentalism has replaced the threat of atheistic communism as that in opposition to which

An Item Veto: A Constitutional and Political Irrelevancy

CONSTITUTIONAL AND POLITICAL IRRELEVANCY L. PETER SCHULTZ* The practice of loading the budget with unnecessary spending-and then waiting until the eleventh hour to pass a Continuing Resolution on the assumption