What’s New In IP? Nuts and Bolts of the America Invents Act

It doesn’t take a fashion guru to recognize Christian Louboutin’s famed black heels, complete with their contrasting red outsoles. These iconic heels are now the subject of an appeal to the Second Circuit, after Judge Victor Marrero found enforcement of

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What’s New In IP? Aesthetic Functionality in Louboutin v. YSL

The Leahy-Smith America Invents Act (AIA) was signed into law on September 16th, 2011, and is a major step in the process of harmonizing U.S. patent law with that of the international community.  Patent reform has proven to be a

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Defining the Contours of the Copyright Clause in Golan v. Holder

In early October, the Supreme Court heard oral arguments in a case challenging the constitutionality of the Uruguay Round Agreements Act, or URAA. Plaintiffs in Golan v. Holder—orchestra conductors, teachers and film archivists—have challenged the URAA’s removal of works from

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Assessing the Constitutionality of Chapter 8 Bankruptcy Proceedings

When it comes to the current state debt crises, some might say federalism means that states like California or Illinois, one way or another, need to pay for their own mess. Others might say just the opposite, arguing that a

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Boom! I Got Your Lawsuit: Loud Music and the First Amendment

In a small victory for musical expression, a federal court recently supported the right to drive around playing loud music. According to an article by Jeff Schweers and Kaustuv Basu titled “Police Cracking Down on Noise From Cars” in USA

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Cardozo Students Flock to Big Easy for Baseball Competition

Ask almost any sports fan, their dream job is to be General Manager of a baseball team. It’s the reason that fantasy sports have become one of our nations favorite past times. Everyone thinks that they can do a better

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Streaming Music Program May Help Halt Illegal Downloading

A stunning blow to music piracy in the U.S. may lie in a Swedish program called Spotify, which gives consumers free, legal streaming access to nearly any song they wish.
Music piracy, whether viewed as a problem or a positive, has

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What SCOTUS Can Learn From Us: Embrace Your Mistakes

On November 17, The New York Times featured on the front page a piece by Adam Liptak that explored how recent opinions of the Supreme Court offer lower courts significantly more words, without offering any significant guidance. (See Adam Liptak,

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Arizona Immigration Bill Has Several Costly Implications

Governor Jan Brewer of Arizona pretends to have eliminated the risk of profiling by inserting ostensibly protective language into the Arizona Immigration Law, otherwise known as Senate Bill 1070 (SB 1070).
SB 1070 states: For any lawful contact made by a

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Iowa Judges Ejected for Favoring Same-Sex Marriage

Iowa voters jeopardized the independence of the American judiciary system when they voted out three Iowa Supreme Court justices in the recent elections on November 2nd. The ouster was an apparent backlash against that Court’s historic decision in 2009 that

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