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Mon May 4, 2020, 07:29 AM May 2020

SCOTUSblog Monday round-up; May 4, 2020

Monday round-up
By Edith Roberts on May 4, 2020 at 6:58 am

This morning the Supreme Court will kick off a two-week session of oral arguments that will change its traditional practice in unprecedented ways: It will hear the arguments by telephone and it will provide live audio of the proceedings to the public. First up is U.S. Patent and Trademark Office v. Booking.com, which asks whether the addition of “.com” to a generic term creates a protectable trademark. Jessica Litman previewed the case for this blog. Soo Min Ko has a preview for Cornell Law School’s Legal Information Institute. At Dorf on Law, Michael Dorf explores “what’s at stake in the case,” noting that it “is not the first legal interaction between domain names and trademarks.”

Court-watchers are full of speculation about how the new format will pan out. At ABC News, Devin Dwyer reports that the setup provides “the first opportunity for a sitting American president — one who is party to cases before the court — to tune in live and potentially respond via Twitter.” For The New York Times, Adam Liptak reports that “{i}nstead of the unruly but productive commotion that characterizes the modern Supreme Court argument, the court has announced that the justices will ask questions one by one, in order of seniority.” For The Wall Street Journal, Jess Bravin and Brent Kendall report that “if other courts’ experiences are any guide, the new format could stray from the crisp hourlong sessions that Chief Justice Roberts strives to run.” At Freedom Forum, Tony Mauro talks to Bruce Collins of C-SPAN about why “the court’s unprecedented action will be a big event.” At Education Week’s School Law Blog, Mark Walsh reports that the live audio offers “some fresh content to offer starting next week to harried teachers and students struggling with remote learning.” At The Atlantic, Garrett Epps writes that “because oral argument is as much spectacle as substance, it’s worth thinking about the players in terms of their show-business analogues,” and he suggests a match for each of the nine justices.

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Recommended Citation: Edith Roberts, Monday round-up, SCOTUSblog (May. 4, 2020, 6:58 AM), https://www.scotusblog.com/2020/05/monday-round-up-484/
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