Currently trademark bullying has become a serious concern for many small businesses that feel as though powerful corporations are abusing aggressive trademark enforcement and litigation techniques to crush genuine competition. No doubt these concerns merit the serious consideration of all...

Brand appropriation litigation in Australia centres on one or more claims of trade mark infringement, breach of s18 of the Australian Consumer Law (formerly s52 of the Trade Practices Act), and commission of the tort of passing off. At the core of these actions is an allegation that the consumer...

Reaching an accurate outcome is a central goal of the American trial. But structural features of the legal system, in combination with the cognitive shortcomings of legal actors, hinder the search for truth. Regarding the legal system, various rules and policies restrict decision makers' access...

The paradox of modern constitutionalism resides in having two imperatives, apparently irreconcilable, i.e. a governmental power generated from the ‘consent of the people' and, in order to be sustained and effective, that power must be divided, constrained and exercised through distinctive...

Many have argued that thought should constitute per se unpatentable subject matter, and some have even suggested that any patent claim that includes a mental step should lie outside patentability. Many courts have long disagreed with such a draconian rule, and have instead upheld myriad patent...

This paper selects amendments to the Federal Rules of Civil Procedure that bear promise for cutting the costs of civil litigation. It suggests how to teach students (and lawyers) to take advantage of the amendments to protect one's client from overly costly or abusive discovery. It also includes...

In two forthcoming articles, Joseph Blocher and Mitu Gulati propose a “market” for sovereignty that would reconcile the popular sovereignty associated with international law's regulation of self-determination (secession) with the state's traditional property-like prerogative to transfer...

CBC Distribution and Marketing, Inc. (CBC), operator of CDMsports.com (CDM), offering fantasy-sports products and services, brought this action against Major League Baseball Advanced Media, L.P. (MLBAM), to establish its right to use without license the names and, inherently crucial for...