Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
American Blood: Who Is Counting And For What?, Gerald Torres
American Blood: Who Is Counting And For What?, Gerald Torres
Cornell Law Faculty Publications
When thinking about "who counts," I initially titled this Essay: "Who is Counting and for What?" I wanted to highlight the role that power necessarily plays in the very asking of the question. It presumes a perspective, and interrogating that perspective can only occur if the second part of the question is answered. Because race has always played a critical role in our culture from the very beginning, I wanted to explore one of the many ways it has been deployed to justify a particular expression of power. The story virtually every American learns is the story of the inevitable …
Stabilizing Morality In Trademark Law, Christine Haight Farley
Stabilizing Morality In Trademark Law, Christine Haight Farley
Articles in Law Reviews & Other Academic Journals
Almost all of the commentary concerning the statutory prohibition on registering offensive trademarks lambasts it as a misguided attempt to enforce civility through trademark law. This Article carefully considers the challenges accompanying section 2(a) of the U.S. Trademark Act and defends it as good policy. There are, however, a few instances in which the jurisprudence under section 2(a) has created more problems than it has solved. To alleviate these problems, this Article proposes judging words per se and abandoning the traditional trademark notion of evaluating words in context. Judging words per se is warranted given the very different objectives underlying …