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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

Parliamentary Supremacy versus Judicial SupremacyHow can adversarial judicial, public, and political dialogue be institutionalised?

The battles between proponents and opponents of judicial supremacy have recently intensified in the US and also in Europe. I summarise the debates in political philosophy, legal theory and ... Social and Political Philosophy (Faculty of Humanities) and of Sociology (Faculty of Social Sciences) at the University from anonymous reviewers and from Leonard Besselink, Nik de Boer, Bas Schotel, Marcel

Fundamental Rights and the EU Internal Market: Just how Fundamental are the EU Treaty Freedoms?A Normative Enquiry Based on John Rawls’ Political Philosophy

fundamental rights. It uses the political philosophy of John Rawls to assess why we should attach priority to certain rights and which rights should therefore be considered fundamental rights. On this basis it ... important, and be very careful in allowing restrictions on fundamental rights for the purpose of protecting this market access. This article uses the political philosophy of John Rawls and his philosophical

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

Online Political Microtargeting: Promises and Threats for Democracy

Online political microtargeting involves monitoring people’s online behaviour, and using the collected data, sometimes enriched with other data, to show people-targeted political advertisements ... . Introduction Political campaigns are increasingly combining data-driven voter research with personalised political advertising: online political microtargeting.1 Through political microtargeting, a political

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 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

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

Evolution for Everyone: How to Increase Acceptance of, Interest in, and Knowledge about Evolution

A success story about teaching evolution: when presented as unthreatening, explanatory, and useful, evolution can be easily appreciated by most people, regardless of their religious and political ... , philosophy, physics, political science, and psychology. The 2003 course was assessed with the help of two experts on evolution education: Dr. Brian Alters, Director of the Evolution and Education Research

The (Political) Pursuit of Victim Voice:(Comparative) Observations on the Dutch Draft on the Adviesrecht

? needs used within the political debate may be featured as a homogeneous concept, the legal traditions that need to host victim-oriented arrangements differ. Indeed, the apparent political consensus with ... Victim Support was, however, felt to be beneficial.41 Nevertheless, the expansion of the oral VIS remained a contentious issue within the Dutch debate. In the wake of the political debate with regard to

Justice-as-Fairness as Judicial Guiding Principle: Remembering John Rawls and the Warren Court

Americans who had been historically disfavored because of their race, nationality, gender, socioeconomic class, or political views. The legacy of the Warren Court is one of an institution committed to “a ... ) (quoting Michael J. Sandel, The Procedural Republic and the Unencumbered Self, 12 POL. THEORY 81, 82 (1984)); see also Stephen M. Griffin, Political Philosophy Versus Political Theory: The Case of Rawls, 69

Foundations of Neuroeconomics: From Philosophy to Practice

emotional influences. Finally, genetics [26,27], computer science [28], and philosophy [21,29,30] contribute to neuroeconomic research. Numerous reviews summarize research at the intersection of these fields

ESSAY: Corporate Triplespeak: Responses by Investor-Owned Utilities to the EPA’s Proposed Clean Power Plan

the moral language of political conservatives, the utilities focused on whether and how the EPA had transgressed its “traditional” regulatory role, thus altering the “structure” of energy federalism and ... . I thank the Brooklyn Law Review for publishing this essay, which is a disconcerting mix of political science, social psychology, and legal textual analysis—concluding with a flurry of biology-based

Going Gunless

Firearm policy in the United States is subject to longstanding political gridlock. Up to now, most of the legal academic literature has focused on the constitutionality of various—or any—regulations ... Vars and Ian Ayres have mentioned political self-expression and associational signaling as secondary advantages of their self-registration proposal. At the same time, the primary stated purpose of their

Chilling Social Media: Warrantless Border Searches of Social Media Accounts Infringe Upon the Freedom of Association and the Freedom to be Anonymous Under the First Amendment

of expressing political speech. ... immaterial whether the beliefs sought to be advanced by association pertain to political, economic, religious or cultural matters, and state action which may have the effect of curtailing the freedom to

The Virtuality of Territorial Borders

If architecture is politics, then the rise of data-driven computing systems will transform the course, if not the conditions of possibility for the political. Provoked by the work of artists Ruti ... Toronto Law Journal, no. 2, pp. 196-224. R. Sela & M. Amir (eds.), Extraterritorialities in Occupied Worlds (2016). The distinction between 'politics' and 'the political' stems from C. Lefort, The Political