Tag Archives: decides

9th Circuit withdraws controversial Betty Boop decision, decides to remand case on narrower grounds; trademark licensing programs are safe once again

Back in February, I reported with alarm that the 9th Circuit rejected a trademark infringement claim by the purported owners of the BETTY BOOP cartoon character, issuing an opinion resting on an interpretation of aesthetic functionality doctrine that was so … Continue reading

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Opinion analysis: What counts as arbitration, and who decides?

By a vote of five to four, the Court on Wednesday held that the Federal Arbitration Act ("FAA") pre-empts California state law, which deems class arbitration waivers in consumer contracts of adhesion unconscionable in disputes over small amounts of damages. … Continue reading

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SCOTUS Decides Tribal Case, but What About the Regulatory Taking?

The Supreme Court just decided the case of United States v. Tohono Oodham Nation. This case involved the Court of Federal Claim's jurisdiction to hear a case when a companion case, seeking different relief, was pending in a district court. … Continue reading

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Reward good decision processes more than outcomes, which are often influenced strongly by factors other than the person who decides

Rewarding or penalizing inside attorneys based on outcomes of legal matters overestimates how much of the random variability of the world the attorneys actually control. A din of "noise" clutters what happens out there, which means that good managers can… … Continue reading

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Athabasca University decides not to renew Access Copyright license

Athabasca University is an innovative, bold and independent leader in distance education with a very sophisticated sense of the importance of copyright law and policy in the post-secondary milieu. Athabasca is an objector in its own right in the current … Continue reading

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