Can the Patent and Trademark Office (PTO) deny a trademark to a group with an offensive name - or does the First Amendment invalidate the provision of trademark law under which the denial was made? Attorney and legal commentator John Shu explains the dispute between the PTO and an Asian-American rock band seeking to trademark the name “The Slants” in the case Lee v. Tam. The Supreme Court will hear oral argument on January 18th.
Can federal officials be held liable personally for enforcing the “hold until clear” policy following the attacks on 9/11? Jamil Jaffer, Director of the Homeland and National Security Law Program at the Antonin Scalia Law School, explains the dispute in the upcoming Supreme Court Case Ashcroft v. Abbasi. Questions before the Court include whether a group of individuals who were arrested immediately after 9/11 have standing to bring a Bivens claim for violation of their constitutional rights, whether the federal officials enforcing the policy are entitled to qualified immunity, and whether the officials acted based on racial discrimination or a concern for national security. The Supreme Court will hear oral argument on January 18th.
Do state laws banning surcharging credit card transactions violate the First Amendment? A case before the Supreme Court, Expressions Hair Design v. Schneiderman, will consider whether these laws unconstitutionally restrict speech communicating price information or whether they simply regulate economic activity. Jeffrey Harris, Partner at Kirkland & Ellis LLP, discusses the case. The Supreme Court will hear oral argument on January 10, 2017.
The “Sharing Economy” is a complex phenomenon that has disrupted industries and transformed how we live and work, but experts can’t even agree on what to call it. Lawyers, public policy experts, academics and workers weigh in to define this dynamic phenomenon and to discuss legal and regulatory issues that emerge as these platforms play an increasingly role in our society.
What are the advantages of offering a sample-size portion of the Internet? Roslyn Layton, Visiting Fellow at AEI, explains the concept of "Zero Rating" and how companies are using a “free sample” model of internet access to increase internet usage around the world.