Trademark law in the United States requires use of a mark in commerce as the basis for both acquisition and infringement of exclusive rights. This requirement is justified, in part, as a way of focusing trademark on its core purpose—protecting
International standards are ubiquitous in our everyday lives, but the legal literature spends little time analyzing them. The design of USB cables and chargers is a good example, as are paper size, Wi-Fi and Bluetooth specifications, credit card shape, and
Ever since health insurers began engaging in utilization review, consumers have expressed frustration and anger
In jurisdictions around the world, constitutions are held up as venerable national texts available to strike down legislation and government action offending basic societal commitments. Constitutions are seen as forces of good and not just due to their explicit rights-granting
In Marisol Orihuela’s The Lawyer’s Quandary: Client-Center Lawyering in the Treatment Paradigm, we get an in-depth discussion about the dilemma criminal defense lawyers face when they are counseling individuals with atypical decision-making capacity. Specifically, Orihuela focuses on individuals with personality
Any serious study of civil procedure in the United States should learn
Arbitration in Name Only seeks to resolve the many issues generated by current-day arbitration agreements between a business drafter and consumers or employees. The
The Supreme Court makes law. This shouldn’t be controversial. Like the rest of the judiciary, the Supreme Court lacks sword or purse. But those who fail to adhere to its legal reasoning or obey its judgments are generally met
Jotwell is taking a short summer break. We’ll be back on Monday, August 31. However, even while we’re on break, we’ll be accepting submissions, editing them, and updating various technical parts of the site.Meanwhile, this is
