Topic
first amendment
2,549 published works
Education Law Prof Blog
Firing of New York City Teacher Raises First Amendment and Performance Issues
By Derek Black
The story of teachers--or any employee for that matter--who spoke up on a controversial reason only to be later terminated for performance based reasons is an old one. Board of…
The IP Law Blog
The Federal Circuit Breathes Life into the Redskins’ Appeal
By Intellectual Property Group
If you’re a fan of intellectual property or the National Football League, you may have heard about last July’s ruling in the United States District Court for the Eastern District…
The Florida Legal Blog
The First Amendment Protections Afforded To A "Tattoo Establishment"
Is a city allowed to limit the number of tattoo establishments in a certain area? In Buehrle v. City of Key West (No. 14–15354), the Eleventh Circuit agreed with the…
Law Trends
Naughty or Nice, “Offensive” Trademarks Are Entitled to Registration: In re Tam
By Bob Cumbow
If you felt a rumble during the early hours of Tuesday, December 22, that was the earthquake touched off by the Court of Appeals for the Federal Circuit's holding that…
Re:Marks on Trademark and Copyright
BREAKING: U.S. BAN ON DISPARAGING TRADEMARKS UNCONSTITUTIONAL
By David Kramer & James Stewart In a landmark decision on December 22, 2015, the Federal Circuit ruled that the provision of the U.S. Trademark prohibiting “disparaging” trademark applications from…
The Right Coast
Yale and the 1st Amendment
This surprized me. I know you've probably seen it already.
Focus on Regulation
FDA Settles Pacira’s First Amendment Lawsuit
By Meredith Manning, Heidi Gertner, Nancy Parsons
Pacira has announced that it settled its lawsuit against FDA over the labeling and promotion of its postsurgical analgesic drug, EXPAREL®. FDA approved EXPAREL (bupivacaine liposome injectable suspension), in October…
Education Law Prof Blog
Did A School Skirt A Federal Injunction By Changing Its Live Nativity Scene To A Static One?
Federal courts commonly find that live nativity scenes on school grounds violate the First Amendment's Establishment Clause. Consistent with that precedent, the Northern District of Indiana issued a preliminary injunction…
Drug & Device Law
Breaking News – Pacira First Amendment Case Settles
By Bexis
We learned about it yesterday from a reporter, but were sworn to secrecy until today. Pacira Pharmaceuticals and the FDA settled their litigation with Pacira getting essentially everything it wanted –…
Constitutional Law Prof Blog
Nude Dancing Plaintiffs Concede Away Their Preliminary Injunction Case
Steven D. Schwinn, John Marshall Law SchoolThe Seventh Circuit this week denied a preliminary injunction to owners of a would-be nude-dancing establishment in Angola, Indiana, because the owners stipulated to…