In Re Tam
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In Re Tam
''Matal v. Tam'', 582 U.S. 218 (2017) (previously known as ''Lee v. Tam'') is a Supreme Court of the United States case that affirmed unanimously the judgment of the United States Court of Appeals for the Federal Circuit that the provisions of the Lanham Act prohibiting registration of trademarks that may "disparage" persons, institutions, beliefs, or national symbols with the United States Patent and Trademark Office violated the First Amendment., 137 S. Ct. 1744 (2017). Background Simon Tam is the founder and bassist for the Asian-American dance-rock band The Slants. Tam gave that name to his band to "reclaim" and to "take ownership" of Asian stereotypes. On March 5, 2010, Tam filed his first application to register THE SLANTS. After several appeals, the application was eventually abandoned. On November 14, 2011, Tam filed his second application (App. No. 85/472,044) seeking to register the mark THE SLANTS for "Entertainment in the nature of live performances by a musical ban ...
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Certiorari
In law, ''certiorari'' is a court process to seek judicial review of a decision of a lower court or government agency. ''Certiorari'' comes from the name of a prerogative writ in England, issued by a superior court to direct that the record of the lower court be sent to the superior court for review. Derived from the English common law, ''certiorari'' is prevalent in countries using, or influenced by, the common law''.'' It has evolved in the legal system of each nation, as court decisions and statutory amendments are made. In modern law, ''certiorari'' is recognized in many jurisdictions, including England and Wales (now called a "quashing order"), Canada, India, Ireland, the Philippines and the United States. With the expansion of administrative law in the 19th and 20th centuries, the writ of ''certiorari'' has gained broader use in many countries, to review the decisions of administrative bodies as well as lower courts. Etymology The term ''certiorari'' (US English: ...
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Writ
In common law, a writ is a formal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this body is generally a court. Warrant (legal), Warrants, prerogative writs, subpoenas, and ''certiorari'' are common types of writs, but many forms exist and have existed. In its earliest form, a writ was simply a written order made by the English monarch to a specified person to undertake a specified action; for example, in the Feudalism in England, feudal era, a military summons by the king to one of his tenant-in-chief, tenants-in-chief to appear dressed for battle with retinue at a specific place and time. An early usage survives in the United Kingdom, Canada, and Australia in a writ of election, which is a written order issued on behalf of the monarch (in Canada, by the Governor General of Canada, Governor General and, in Australia, by the Governor-General of Australia, Governor-General for elections for the House of Representatives, or state gove ...
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United States V
United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * ''United'' (2003 film), a Norwegian film * ''United'' (2011 film), a BBC Two film * ''The United'' (film), an unreleased Arabic-language film Literature * ''United!'' (novel), a 1973 children's novel by Michael Hardcastle Music * United (band), Japanese thrash metal band formed in 1981 Albums * ''United'' (Commodores album), 1986 * ''United'' (Dream Evil album), 2006 * ''United'' (Marvin Gaye and Tammi Terrell album), 1967 * ''United'' (Marian Gold album), 1996 * ''United'' (Phoenix album), 2000 * ''United'' (Woody Shaw album), 1981 Songs * "United" (Judas Priest song), 1980 * "United" (Prince Ital Joe and Marky Mark song), 1994 * "United" (Robbie Williams song), 2000 * "United", a song by Danish duo Nik & Jay featuring Lisa Rowe * "United (Who We Are)", a song by XO-IQ, featured in the television se ...
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The New York Times
''The New York Times'' (''NYT'') is an American daily newspaper based in New York City. ''The New York Times'' covers domestic, national, and international news, and publishes opinion pieces, investigative reports, and reviews. As one of the longest-running newspapers in the United States, the ''Times'' serves as one of the country's Newspaper of record, newspapers of record. , ''The New York Times'' had 9.13 million total and 8.83 million online subscribers, both by significant margins the List of newspapers in the United States, highest numbers for any newspaper in the United States; the total also included 296,330 print subscribers, making the ''Times'' the second-largest newspaper by print circulation in the United States, following ''The Wall Street Journal'', also based in New York City. ''The New York Times'' is published by the New York Times Company; since 1896, the company has been chaired by the Ochs-Sulzberger family, whose current chairman and the paper's publ ...
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Oyez Project
The Oyez Project is an unofficial online multimedia archive website for the Supreme Court of the United States. It was initiated by the Illinois Institute of Technology's Chicago-Kent College of Law and now also sponsored by Cornell Law School Legal Information Institute and Justia. The website has emphasis on the court's audio of oral arguments. The website "aims to be a complete and authoritative source for all audio recorded in the Court since ../nowiki> October 1955."About Oyez
Oyez.org
The website also includes biographical information of both incumbent and historical of the Court and advocates who have argued before the court. The project's ...
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Stare Decisis
Precedent is a judicial decision that serves as an authority for courts when deciding subsequent identical or similar cases. Fundamental to common law legal systems, precedent operates under the principle of ''stare decisis'' ("to stand by things decided"), where past judicial decisions serve as case law to guide future rulings, thus promoting consistency and predictability. Precedent is a defining feature that sets common law systems apart from civil law systems. In common law, precedent can either be something courts must follow (binding) or something they can consider but do not have to follow (persuasive). Civil law systems, in contrast, are characterized by comprehensive codes and detailed statutes, with no emphasis on precedent, and where judges primarily focus on fact-finding and applying codified law. Courts in common law systems rely heavily on case law, which refers to the collection of precedents and legal principles established by previous judicial decisions on s ...
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Intermediate Scrutiny
Intermediate scrutiny, in U.S. constitutional law, is the second level of deciding issues using judicial review. The other levels are typically referred to as rational basis review (least rigorous) and strict scrutiny (most rigorous). In order to overcome the intermediate scrutiny test, it must be shown that the law or policy being challenged furthers an ''important'' government interest by means that are substantially related to that interest. Intermediate scrutiny may be contrasted with "strict scrutiny", the higher standard of review that requires narrowly tailored and least restrictive means to further a ''compelling'' governmental interest, and " rational basis review", a lower standard of review that requires the law or policy be rationally related to a ''legitimate'' government interest. This approach is most often employed in reviewing limits on commercial speech, content-neutral regulations of speech, and state actions discriminating on the basis of sex. Laws subject ...
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Strict Scrutiny
In U.S. constitutional law, when a law infringes upon a fundamental constitutional right, the court may apply the strict scrutiny standard. Strict scrutiny holds the challenged law as presumptively invalid unless the government can demonstrate that the law or regulation is necessary to achieve a " compelling state interest". The government must also demonstrate that the law is "narrowly tailored" to achieve that compelling purpose, and that it uses the "least restrictive means" to achieve that purpose. Failure to meet this standard will result in striking the law as unconstitutional. Strict scrutiny is the highest and most stringent standard of judicial review in the United States and is part of the levels of judicial scrutiny that US courts use to determine whether a constitutional right or principle should give way to the government's interest against observance of the principle. The lesser standards are rational basis review and exacting or intermediate scrutiny. These ...
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Central Hudson Gas & Electric Corp
Central is an adjective usually referring to being in the center (other), center of some place or (mathematical) object. Central may also refer to: Directions and generalised locations * Central Africa, a region in the centre of Africa continent, also known as Middle Africa * Central America, a region in the centre of America continent * Central Asia, a region in the centre of Eurasian continent * Central Australia, a region of the Australian continent * Central Belt, an area in the centre of Scotland * Central Europe, a region of the European continent * Central London, the centre of London * Central Region (other) * Central United States, a region of the United States of America Specific locations Countries * Central African Republic, a country in Africa States and provinces * Blue Nile (state) or Central, a state in Sudan * Central Department, Paraguay * Central Province (Kenya) * Central Province (Papua New Guinea) * Central Province (Solomon Islands) * Ce ...
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Pleasant Grove City V
Something pleasant may have associations with happiness, entertainment, enjoyment, ecstasy, or euphoria. Pleasant may refer to: * Pleasure, experience that feels good, that involves the enjoyment of something * Positive affectivity, a human characteristic that describes how much people experience positive affects Pleasant may also refer to: * Pleasant, Indiana, an unincorporated community * Pleasant Township (other) *Skulduggery Pleasant, the main character in the eponymous book series by Derek Landy People with the given name Pleasant: * Pleasant B. Tully (1829-1897), American politician * Pleasant Crump (1847-1951), American centenarian * Pleasant Gehman (21st century), American journalist * Pleasant Daniel Gold (1833–1920), American publisher and clergyman * Pleasant M. Armstrong (1810-1853), American ship builder * Pleasant Moorman Miller (died 1849), American politician * Pleasant Porter (1840-1907), American Indian statesman * Pleasant Rowland (born circa 19 ...
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Reed V
Reed or Reeds may refer to: Science, technology, biology, and medicine * Reed bird (other) * Reed pen, writing implement in use since ancient times * Reed (plant), one of several tall, grass-like wetland plants of the order Poales * Reed reaction, in chemistry * Reed receiver, an outdated form of multi-channel signal decoding * Reed relay, one or more reed switches controlled by an electromagnet * Reed switch, an electrical switch operated by an applied magnetic field * Reed valve, restricts the flow of fluids to a single direction * Reed (weaving), a comb like tool for beating the weft when weaving * Reed's law, describes the utility of large networks, particularly social networks * Reed–Solomon error correction, a systematic way of building codes that can be used to detect and correct multiple random symbol errors * Reed–Sternberg cell, related to Hodgkin's disease Organizations * Reed (company), offering employment-related services (UK) * Reed and Stem, ...
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Viewpoint Discrimination
Viewpoint discrimination is a concept in United States jurisprudence related to the First Amendment to the United States Constitution The Constitution of the United States is the Supremacy Clause, supreme law of the United States, United States of America. It superseded the Articles of Confederation, the nation's first constitution, on March 4, 1789. Originally includi .... If a speech act is treated differently by a government entity based on the viewpoint it expresses, this is considered viewpoint discrimination. References First Amendment to the United States Constitution Free speech case law {{US-law-stub ...
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