
‘Foul’ Ball II: Why The SCOTUS Decision On ‘Scandalous’ And ‘Immoral’ Trademarks Is Not What You Think
So you can register 'scandalous' and 'immoral' trademarks -- now what? Just because you can do something doesn’t mean that you should do it.
So you can register 'scandalous' and 'immoral' trademarks -- now what? Just because you can do something doesn’t mean that you should do it.
* In case you missed it, Senate Majority Leader Mitch McConnell said he'd be willing to entertain a Democratic president’s Supreme Court nominee in 2021 because it would be "politically unsustainable" to hold open a vacancy for so long -- but that doesn't mean there'd be a confirmation. [POLITICO] * It's sick that we need a federal court order to get this done, but... conditions for migrant children must be improved immediately at Border Patrol facilities in Texas because right now, they "could be compared to torture facilities." [New York Times] * A judge has permanently enjoined the Trump administration from diverting $2.5 million in military funds to construct a wall on the southern border. We imagine there will be some Twitter rant about "Obama judges" coming soon. [The Hill] * October Term 2018 was pretty strange and we saw SCOTUS justices making strange bedfellows in their opinions, with Justices Gorsuch and Kavanaugh joining the high court's liberals in the majority for one of the most FUCT-up cases. [NBC News] * Hoping to open your own firm or join a small law firm after graduation from law school? If that's the case, then you might be interested to know that average compensation in this area of the legal profession is down, with women earning incomes 36 percent lower than their male counterparts. [Law.com]
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That's a mouthful.
* “I don’t care about the Mueller report. I’ve been totally exonerated.” President Trump has been “emboldened” by AG William Barr’s summation of the Mueller report, but that claim of “total exoneration” may come back to bite him when the redacted report is released. [New York Times] * Speaking of the Mueller report, George Conway has stepped up his criticism of all the “no collusion” talk, commenting on Twitter that “[i]f Mueller had used the words ‘no evidence of a conspiracy or coordination’ (i.e., no collusion), you can be damned sure Barr would have quoted those words. But Mueller didn’t, and Barr didn’t.” [The Hill] * Paul Rawlinson, global chair of Baker McKenzie, RIP. [Legal Week] * Will SCOTUS get “FUCT” this term? That’s what streetwear designer Erik Brunetti is hoping for when the high court hears oral argument on his challenge to the government’s refusal to register trademarks that are considered “scandalous” or “immoral.” [Associated Press] * The Big Fail: A deep dive into why bar exam pass rates have declined to record lows in recent years, and the impact on law schools and the legal profession. [Law.com] * Law students better start reading up on legal operations, because word on the street is that Biglaw firms are going to start hiring law school graduates for these jobs. Plus, “[s]alaries for these positions are quite big.” [American Lawyer]
* Senator Ted Cruz has proposed a constitutional amendment that would set term limits for those in the Senate (two six-year terms) and House of Representatives (three two-year terms) because "[t]erm limits on members of Congress offer a solution to the brokenness we see in Washington, D.C." [Business Insider] * Speaking of terms, the grand jury's 18-month term in special counsel Robert Mueller's Russia investigation was set to expire this past weekend, but Chief Judge Beryl Howell of the D.C. District Court extended it for up to six months since the jurors' work is "in the public interest." [CNN] * The federal judiciary has enough money to stay afloat until January 11, and then, per a spokesman for the U.S. courts, "[i]t’s really a judge-by-judge, court-by-court determination" when the courts start operating under the Antideficiency Act "to support the exercise of Article III judicial power." [Fortune] * Hot on the heels of its decision that a ban on racist trademark registrations violated the First Amendment, the Supreme Court will decide whether a similar ban on "scandalous" marks is unconstitutional as well. [Law360] * Do we need a Rooney Rule for federal law clerks? According to Judge Vince Chhabria of the Northern District of California, it might be the solution to increasing the amount of diversity -- of people of color and of law school representation -- in the clerks' candidate pool. We'll have more on this later today. [National Law Journal]