Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Hughes Court (2)
- Constitutional Revolution (1)
- Copyright Law (1)
- Court-packing (1)
- Dastar (1)
-
- Docket books (1)
- Equity (1)
- Federal courts (1)
- Helvering v. Davis (1)
- Intellectual property (1)
- Labor Board Cases (1)
- Lanham Act (1)
- Minimum Wage Cases (1)
- NLRB v. Jones & Laughlin (1)
- Remedies (1)
- Social Security Cases (1)
- Steward Machine Co. v. Davis (1)
- Switch-in-time (1)
- U.S. District Court for the Northern District of Texas (1)
- Unanimity norms (1)
- United States Court of Appeals for the District of ColumbiaCircuit (1)
- Vote fluidity (1)
- Wagner Act Cases (1)
- West Coast Hotel v. Parrish (1)
- Publication
Articles 1 - 5 of 5
Full-Text Articles in Entire DC Network
Brief Of Amici Curiae On Behalf Of Intellectual Property Professors In Support Of Appellant And In Support Of Reversal, Mark Mckenna, Rebecca Tushnet, Samuel R. Bagenstos
Brief Of Amici Curiae On Behalf Of Intellectual Property Professors In Support Of Appellant And In Support Of Reversal, Mark Mckenna, Rebecca Tushnet, Samuel R. Bagenstos
Court Briefs
Oral Argument Not Yet Scheduled
No. 17-7035 (Lead Case), 17-7039
American Society for Testing Materials v. Public.Resources.Org, Inc.
On Appeal from the United States District Court for the District of Columbia
From the Summary of Argument
ASTM’s fundamental complaint is about unauthorized use of its intangible content—the standards for which it claims copyright ownership. Dastar unambiguously holds, however, that only confusion regarding the source of physical goods is actionable under the Lanham Act; confusion regarding the authorship of the standards or their authorization is not actionable. ASTM cannot avoid Dastar just because Public Resource creates digital copies of those standards. …
Brief Of Amici Curiae Intellectual Property Law Professors In Favor Of Judgement As A Matter Of Law, John A. Conway, Mark Mckenna
Brief Of Amici Curiae Intellectual Property Law Professors In Favor Of Judgement As A Matter Of Law, John A. Conway, Mark Mckenna
Court Briefs
No. 3:14-cv-01849-K
Zenimax Media Inc. v. Oculus VR, LLC
From the Summary of ArgumentPlaintiff’s false designation of origin and false endorsement claims, such as they are, rest on the assertion that defendants falsely represented themselves as the origin of intellectual property on which the Oculus Rift is based. Those claims are barred by Dastar v. Twentieth Century Fox Film Corp., 539 U.S. 23 (2003), which holds that only confusion regarding the origin of physical goods is actionable under the Lanham Act.
Vote Fluidity On The Hughes Court: The Critical Terms, 1934-1936, Barry Cushman
Vote Fluidity On The Hughes Court: The Critical Terms, 1934-1936, Barry Cushman
Journal Articles
This article makes four principal claims. The first is that the justices of the Hughes Court often changed their positions in major cases between the time that they cast their votes in conference and their final votes on the merits. The second is that the Court achieved comparatively high rates of unanimity even during its most turbulent Terms because justices who had served on earlier Courts had internalized a norm counseling those who lost at the conference vote to acquiesce in the judgment of the majority. The third is that the justices who most frequently did so in this period’s …
Inside The 'Constitutional Revolution' Of 1937, Barry Cushman
Inside The 'Constitutional Revolution' Of 1937, Barry Cushman
Journal Articles
The nature and sources of the New Deal Constitutional Revolution are among the most discussed and debated subjects in constitutional historiography. Scholars have reached significantly divergent conclusions concerning how best to understand the meaning and the causes of constitutional decisions rendered by the Supreme Court under Chief Justice Charles Evans Hughes. Though recent years have witnessed certain refinements in scholarly understandings of various dimensions of the phenomenon, the relevant documentary record seemed to have been rather thoroughly explored. Recently, however, a remarkably instructive set of primary sources has become available. For many years, the docket books kept by a number …
Multiple Chancellors: Reforming The National Injunction, Samuel L. Bray
Multiple Chancellors: Reforming The National Injunction, Samuel L. Bray
Journal Articles
In several recent high-profile cases, federal district judges have issued injunctions that apply across the nation, controlling the defendants’ behavior with respect to nonparties. This Article analyzes the scope of injunctions to restrain the enforcement of a federal statute, regulation, or order. This analysis shows the consequences of the national injunction: more forum shopping, worse judicial decisionmaking, a risk of conflicting injunctions, and tension with other doctrines and practices of the federal courts.
This Article shows that the national injunction is a recent development in the history of equity. There was a structural shift at the Founding from a single-chancellor …