In this Essay, we assert that, despite what is written in the collective bargaining agreement (CBA), NBA players should—and in… Continue reading →
Speaking of the Copyright Act of 1909, noted copyright scholar Benjamin Kaplan had this to say about the role of… Continue reading →
In Star Athletica v. Varsity Brands, the Supreme Court granted certiorari to resolve confusion in the lower courts regarding the… Continue reading →
The U.S. Supreme Court granted certiorari in Star Athletica, LLC v. Varsity Brands, Inc. to decide “[w]hat is the appropriate… Continue reading →
In Star Athletica, LLC v. Varsity Brands, Inc., the U.S. Supreme Court had an opportunity to clarify copyright law’s treatment… Continue reading →
According to the majority in Star Athletica v. Varsity Brands, features that are incorporated into a useful article are separable,… Continue reading →
In a perverse twist, the Supreme Court’s 2017 Star Athletica copyright decision might have more significant effects on design patent… Continue reading →
In their recent article, Keith Whittington and Jason Iuliano marshal considerable evidence for the proposition that the nondelegation doctrine is… Continue reading →
Third‐party funding increasingly is a feature of litigation in the United States. One of the issues raised by third‐party litigation… Continue reading →
On June 23, 2017, the Supreme Court’s 5–3 decision in Murr v. Wisconsin provided some long‐awaited guidance for courts to… Continue reading →