scholarly journals RECENT DEVELOPMENTS IN TRADEMARK FUNCTIONALITY IN THE UNITED STATES

2021 ◽  
Vol 38 (3) ◽  
pp. 40-44
Author(s):  
Питер Мэггс
Keyword(s):  
United States ◽  
Supreme Court ◽  
The United States ◽  
Court Decisions ◽  
The Supreme Court ◽  
Recent Developments ◽  
Supreme Court Decisions

The United States Trademark Act makes unenforceable marks that are “functional.” However, it does not define functionality. Because the Supreme Court decisions on functionality are few in number and ambiguous in meaning, the courts have differed sharply in their approaches to functionality, and their approach is constantly changing.

INDIVIDUAL CONSCIENCE AND HOW IT SHOULD BE TREATED

2016 ◽  
Vol 31 (3) ◽  
pp. 306-320 ◽  
Author(s):  
Kent Greenawalt
Keyword(s):  
United States ◽  
Supreme Court ◽  
The United States ◽  
Court Decisions ◽  
Constitutional Rights ◽  
The Supreme Court ◽  
Critical Issues ◽  
Supreme Court Decisions

This essay summarizes crucial ways that society—in particular, the United States—has treated claims by individuals to be free of generally required duties because their convictions tell them that performing the duties is deeply wrong. Among the topics I address are how the Supreme Court decisions involving constitutional rights and organizational claims relate to this treatment, but my main focus is on what I see as the critical issues and what I believe to be the wise choices for addressing such claims. Without attempting an extensive account of all that has been written on claims of exemptions, I refer to some relatively recent books that can help one to understand what is at stake and what can be said in favor of competing positions. I also provide references to recent and forthcoming work of my own that explores claims of exemptions in greater depth.

Legal Abortions in the United States Since the 1973 Supreme Court Decisions

1975 ◽  
Vol 7 (1) ◽  
pp. 23 ◽  
Author(s):  
Edward Weinstock ◽  
Christopher Tietze ◽  
Frederick S. Jaffe ◽  
Joy G. Dryfoos
Keyword(s):  
United States ◽  
Supreme Court ◽  
The United States ◽  
Court Decisions ◽  
Supreme Court Decisions

Predicting Supreme Court Decisions Mathematically: A Quantitative Analysis of the “Right to Counsel” Cases

1957 ◽  
Vol 51 (1) ◽  
pp. 1-12 ◽  
Author(s):  
Fred Kort
Keyword(s):  
United States ◽  
Supreme Court ◽  
Judicial Review ◽  
Quantitative Methods ◽  
The United States ◽  
Court Decisions ◽  
Quarter Century ◽  
The Past ◽  
The Supreme Court ◽  
The Right

This study represents an attempt to apply quantitative methods to the prediction of human events that generally have been regarded as highly uncertain, namely, decisions by the Supreme Court of the United States. The study is designed to demonstrate that, in at least one area of judicial review, it is possible to take some decided cases, to identify factual elements that influenced the decisions, to derive numerical values for these elements by using a formula, and then to predict correctly the decisions of the remaining cases in the area specified. The analysis will be made independently of what the Court said by way of reasoning in these cases; it will rely only on the factual elements which have been emphasized by the justices in their opinions and on their votes to affirm or set aside convictions. Changes in Court personnel made no decisive difference in the pattern of judicial action in this area; so the analysis will not need to take into account the fact that twenty-five different justices have occupied the nine seats on the Court during the period covered, i.e., the past quarter century.

In the Supreme Court of the United States: Clara Watson v. Fort Worth Bank & Trust..

1988 ◽  
Vol 43 (12) ◽  
pp. 1019-1028 ◽  
Author(s):  
Donald N. Bersoff ◽  
Laurel P. Malson ◽  
Donald B. Verrilli
Keyword(s):  
United States ◽  
Supreme Court ◽  
The United States ◽  
Fort Worth ◽  
The Supreme Court
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