Abstract Trademark law prohibits the registration of trademarks that are immoral or scandalous. This “Morality Provision” in trademark law has been criticized as being an unconstitutional abridgement of free speech and resulting in inconsistency and other problems at the USPTO examination stage. This essay exposes another
Abstract In recent California litigation, a group of plaintiffs argued that California’s greenhouse gas emissions auction is a form of taxation. California law requires supermajority votes for new taxes, and the emissions auction did not initially receive a supermajority vote, so the argument, if successful, would have
Abstract For nearly a half century prior to the current administration, U.S. presidents and most serious candidates for the presidency have released their tax returns for public inspection. The practice of presidential tax disclosure serves several key functions. It provides the public with important insights into the
Food policy remains one of the main levers by which we can work to address some of the most intractable problems of our time because of food’s effect on health, the environment, and the economy. For this reason, it is important to consider the implications of the Trump administration’s policies in this arena. Moreover, a look at some of the food law and policy initiatives that may be delayed or suspended under the new administration provides a window into the new administration’s anti-regulatory stance more generally and we can see how state and local governments will act to fill regulatory and policy gaps.
Abstract What may state legislators do to prevent actions that they believe endanger private property interests and undermine the economic interests of industries important to their constituents? What laws can they enact to restrict the speech of those who disagree with those interests? What limits can they place on free