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
Jotwell is a legal blog published by Jotwell that features scholarly commentary and reviews on recent legal scholarship across diverse areas of law. It covers topics including copyright law and its application to natural objects and AI-generated works, legal issues in healthcare such as primary care access and liability, historical and contemporary family law focusing on parental rights and family regulation, the intersection of law and food policy addressing food waste and structural inequalities, and empirical studies on constitutional law matters like Fourth Amendment search and seizure practices. The blog highlights emerging legal debates and interdisciplinary approaches to understanding law's role in society.
Ever since health insurers began engaging in utilization review, consumers have expressed frustration and anger…
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…