LAFLER V. COOPER‘S REMEDY: A WEAK RESPONSE TO A CONSTITUTIONAL VIOLATION Matthew T. Ciulla* Introduction The Sixth Amendment’s Counsel Clause preserves an accused’s right to counsel.[1] The mere fact, however, that “a person who happens to be a lawyer is present at trial alongside the accused . . . is not enough to satisfy the constitutional command.”[2] Rather, […]

2016 TRADEMARK YEAR IN REVIEW Mark P. McKenna & Shelby Niemann* Introduction This brief Essay reviews some of the most significant developments in trademark law during the past year. In most cases, we have interpreted “year” fairly liberally, particularly to highlight some longer-term trends. We focus on six areas: (1) the constitutionality of section 2(a) of the […]

Formal Declarations of Intended Childcare Parentage Jeffrey A. Parness Introduction Legal parentage for childcare purposes under American state law is significantly and rapidly expanding. The new parentage norms are growing increasingly imprecise.[1] No longer is childcare parentage—that is, the superior right of a parent to the “care, custody, and control” of a child[2]—only established by […]