The FTC’s proposed ban on noncompete agreements (and other “de facto” noncompetes such as overly broad nondisclosure agreements) relies in large part on the research done by University of Maryland’s Robert H. Smith School of Business Professor Evan Starr — one of the leading scholars in the field.
Intellectual Property
Much, Much Too Soon
By Michael CarusoThey say you don’t know a person until you live with them. I would say that you don’t know a judge until you try a case in her courtroom. Before she took the bench, I heard from a colleague that Judge Cooke would be a great addition to our court (you were right,…
5th Circuit finds that Bruen protects domestic abusers' rights to have their guns
The 4th Amendment is on its last legs, but the 2nd Amendment is alive and kicking. Check out this Fifth Circuit opinion from last week, finding a statute unconstitutional for prohibiting a person subject to a domestic violence restraining order from possessing a gun. From CNN: A federal law that prohibits people subject…
Legal Theory Lexicon: The Veil of Ignorance
Introduction
This installment in the Legal Theory Lexicon is intended to introduce law students (especially first years) to “the veil of ignorance”–an idea from political philosophy that has had an important influence on legal theory.
From the Ex Ante Perspective to the Veil of Ignorance
Law students quickly learn that law school focuses more about…
Legal Theory Bookworm: "Climate Liberalism," edited by Adler
The Legal Theory Bookworm recommends Climate Liberalism: Perspectives on Liberty, Property and Pollution, edited by Jonathan H. Adler. Here is a description:
Climate Liberalism examines the potential and limitations of classical-liberal approaches to pollution control and climate change. Some successful environmental strategies, such as the use of catch-shares for fisheries, instream water rights, and tradable emission…
Download of the Week: "Legislative Constitutionalism & Federal Indian Law" by Blackhawk
The Download of the Week is Legislative Constitutionalism & Federal Indian Law by Maggie Blackhawk. Here is the abstract:
The United States has reached a moment in its constitutional history when the Supreme Court has asserted itself as not only one of, but the exclusive audience to ask and answer questions of constitutional meaning and constitutional law.…
Film Fridays: SAG-AFTRA Issues “Do Not Work Notice” for “Fast Charlie” “Do Not Work Notice” for “Fast Charlie” After Producer’s Agreement Goes Into Default.
Due to contract issues between SAG-AFTRA and independent producers of the movie “Fast Charlie,” they told SAG members that they could not work on the current production. The film’s producers are “in default of the SAG-AFTRA agreement for independent producers of theatrical motion pictures.” The film is directed by Phillip Noyce and stars Pierce Brosnan…
Cavedon on Modern Liberty and Aquinas
Matthew Cavedon (Emory University – Center for the Study of Law and Religion) has posted Early Stirrings of Modern Liberty in the Thought of St. Thomas Aquinas on SSRN. Here is the abstract:
In a 2021 contribution to Politics and Religion, Jesse Russell writes that St. Thomas Aquinas “had a decidedly illiberal view of a…
Proof of Prior Art Requires Sufficient Corroboration By Credible Evidence
Visit Jones Day’s PTAB Litigation blog at www.ptablitigationblog.com.
By Sue Gerber and Matt Johnson –
Proof of prior art is an issue that often arises in inter partes and post grant review proceedings before the PTAB. In a recent decision, the Federal Circuit explained the quantum of proof that is required to establish prior art…
Do Not Be Fooled (Part 2): USPTO Issues Warning of Spoof Calls from Scammers
We have written previously on this blog warning of misleading solicitations. For years, scammers have impersonated the United States Patent and Trademark Office (USPTO) in mailings, seeking payments from trademark owners for nonexistent services, such as trademark renewals. This week, the USPTO warned of a new scheme targeting trademark owners.
The USPTO put out an…