SHOCKING: 5 - What They Never Told You

Short Circuit: A Roundup of Recent Federal Court Decisions

Presidential audits, political patronage, and mail inspections.

Reason · Aug 12, 2022

Recusal and a Spouse's Long-Past Employment (Including as a Lawyer)

From Dfinity Found. v. N.Y. Times Co., decided today by Judge Lewis Kaplan (S.D.N.Y.): This is a defamation case against The New York Times, two of its reporters, and others. The plaintiff, allegedly a Swiss foundation, moves to recuse the undersigned on the ground that his spouse, whom he married…

Reason · Aug 9, 2022

"MTN DEW RISE ENERGY" Doesn't Infringe "Rise Brewing" Nitro-Brewed Canned Coffee Trademark

From Riseandshine Corp. v. Pepsico, Inc., decided today by the Second Circuit, in an opinion by Judge Pierre Leval joined by Judges Denny Chin and Steven Menashi: In a trademark dispute …, PepsiCo, Inc., the Defendant, which marketed a canned energy drink under the mark "MTN DEW RISE ENERGY," appeals…

Reason · Jul 22, 2022

When Is Government Official's Blocking Commenter from Social Media Page "State Action"?

The Sixth Circuit disagrees with the Second Circuit in the @RealDonaldTrump case (but maybe not by much).

Reason · Jun 27, 2022

Short Circuit: A Roundup of Recent Federal Court Decisions

Boycotts, open fields, and a weekend in jail.

Reason · Jun 24, 2022

Equality Slippery Slopes

[This month, I'm serializing my 2003 Harvard Law Review article, The Mechanisms of the Slippery Slope.] Multi-peaked slippery slopes can happen when a significant group of people prefers both extremes to the compromise position. One such situation is when A without B seems unfairly discriminatory. Consider the following example: Position…

Reason · Jun 13, 2022

Short Circuit: A Roundup of Recent Federal Court Decisions

Interstate wine shipping, illegal traffic fines, and internet-ordained preachers.

Reason · Jun 3, 2022

Second Circuit Allows Title IX Claim by Professor Who Alleged Biased Sexual Misconduct Investigation

From Vengalattore v. Cornell Univ., decided yesterday by the Second Circuit (Judge Amalya Kearse, joined by Judges José Cabranes and Rosemary Pooler): Vengalattore is a male of Indian descent. He became a tenure-track Assistant Professor of Physics … in 2009…. One [of his laboratory assistants], a graduate student—called "Jane Roe"…

Reason · Jun 3, 2022

Short Circuit: A Roundup of Recent Federal Court Decisions

Citizenship, machine guns, and bigamy

Reason · May 20, 2022

Hermes Birkin Handbags, NFTs, Trademark Law, and Rothschild (but not Controlling the Weather)

From Hermes Int'l v. Rothschild, an opinion issued today by Judge Jed Rakoff (S.D.N.Y.): Around December 2021, defendant Mason Rothschild created digital images of faux-fur-covered versions of the luxury Birkin handbags of plaintiffs Hermes International and Hermes of Paris, Inc. (collectively, "Hermes"). Rothschild titled these images "MetaBirkins" and sold them…

Reason · May 19, 2022