University of Southern California

Volume 87, Number 5 (July, 2013)

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    Seeing Red, Spending Green: The Costly Process of Registering and Defending Color Trademarks
    Note by Lauren Traina

    As demonstrated by the recent Second Circuit decision in Christian Louboutin v. Yves Saint Laurent America Holding, Inc., a shoe can certainly offer a great deal of legal controversy. In September 2012, the Second Circuit upheld the validity of designer Christian Louboutin’s trademark for the color red on the soles of his shoes. Although Christian Louboutin and the fashion media have called the case a victory for color trademarks, Louboutin’s affirmation of the “aesthetic functionality” doctrine...

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    Prayer for Relief: Anti-Muslim Discrimination as Racial Discrimination
    Note by Romtin Parvaresh

    In late 2011, the New York City Police Department (“NYPD”) made national and international headlines when its secret surveillance of Muslims across the New York City area was discovered. Under the guise of counterterrorism, the NYPD monitored the daily lives of thousands of Muslims for about a decade, using techniques such as taking photographs, collecting license plate numbers at mosques, and utilizing informants known as “mosque crawlers” to infiltrate Muslim organizations. From recording serm...

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    A Matter of Perspective: Textualism, Stare Decisis, and Federal Employment Discrimination Law
    Article by Stephen M. Rich

    When the Supreme Court rules on matters of statutory interpretation, it does not establish “methodological precedents.” The Court is not bound to follow interpretive practices employed in a prior case even if successive cases concern the same statute. Instead, the Court’s interpretive practices may change without warning or explanation, and at times they do so as part of a broader transition between interpretive regimes independently of any substantive change to the statute interpreted. Stare de...

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    Are Damages Different?: Bivens and National Security
    Article by Andrew Kent

    Litigation challenging the national security actions of the federal government has taken a seemingly paradoxical form in recent years. Prospective coercive remedies like injunctions and habeas corpus (a type of injunction) are traditionally understood to involve much greater intrusions by the judiciary into government functioning than retrospective money damages awards. Yet, federal courts have developed and strictly applied doctrines barring Bivens damages actions against federal officials beca...

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