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Sarah Fackrell

@design-law.bsky.social

Professor of Law at Chicago-Kent College of Law, Illinois Tech. Design patent scholar. Currently writing about "Schedule A" litigation. For more on #ScheduleA, see Part II(B) here: https://harvardlawreview.org/print/vol-138/the-counterfeit-sham/

18,024 Followers  |  3,858 Following  |  8,506 Posts  |  Joined: 22.05.2023  |  2.1403

Latest posts by design-law.bsky.social on Bluesky

So good!

04.08.2025 00:03 โ€” ๐Ÿ‘ 2    ๐Ÿ” 0    ๐Ÿ’ฌ 0    ๐Ÿ“Œ 0

I have not. Just looked it up though and it looks really good.

03.08.2025 23:48 โ€” ๐Ÿ‘ 1    ๐Ÿ” 0    ๐Ÿ’ฌ 1    ๐Ÿ“Œ 0

I want AI to format my TOC and Appendices in compliance with all of circuit courts' weird local rules. NOT do the fun legal research and analysis parts for me.

03.08.2025 20:33 โ€” ๐Ÿ‘ 31    ๐Ÿ” 6    ๐Ÿ’ฌ 1    ๐Ÿ“Œ 1

Nah. Just write real good and hit send.

03.08.2025 21:26 โ€” ๐Ÿ‘ 3    ๐Ÿ” 0    ๐Ÿ’ฌ 0    ๐Ÿ“Œ 0

There is a compound word in Swedish for "moose accident"! "รคlgolycka" = รคlg (moose) + olycka (accident = unlucky = o + lycka).

03.08.2025 19:34 โ€” ๐Ÿ‘ 252    ๐Ÿ” 53    ๐Ÿ’ฌ 32    ๐Ÿ“Œ 3

Finally watched KPop Demon Hunters. So much fun. Thanks to everyone who recommended it here ๐Ÿ›‹๏ธ๐Ÿ›‹๏ธ๐Ÿ›‹๏ธ

03.08.2025 19:28 โ€” ๐Ÿ‘ 6    ๐Ÿ” 0    ๐Ÿ’ฌ 0    ๐Ÿ“Œ 0

As a Columbia Law School graduate ... this is an utter embarrassment, an abject surrender.

Columbia, you trained an army of litigators, we could have fought back and won.

And you have an entire history faculty that can tell you what happens when you try to appease fascists.

03.08.2025 16:05 โ€” ๐Ÿ‘ 136    ๐Ÿ” 34    ๐Ÿ’ฌ 4    ๐Ÿ“Œ 0

Babylon 5, season 3, ep. 20:

Rev. Will Dexter [discussing people's reactions to a fascist takeover of Earth's government]: "I'd rather do something & make a mistake than be frightened into doing nothing. That's the problem back home. Folks have been conned into thinking they can't change the world"

03.08.2025 18:02 โ€” ๐Ÿ‘ 13    ๐Ÿ” 8    ๐Ÿ’ฌ 1    ๐Ÿ“Œ 0
Preview
Trump And Miller Compel Colleges Not To Enroll International Students Trump officials are using rules, policies and agreements to compel and discourage U.S. universities from enrolling international students.

Wow. Had not realized that Columbiaโ€™s settlement with Trump admin included a commitment to decrease international student enrollment. In what way does this help โ€œcombat antisemitism,โ€ which is supposedly the administrationโ€™s objective?
www.forbes.com/sites/stuart...

03.08.2025 14:50 โ€” ๐Ÿ‘ 2600    ๐Ÿ” 865    ๐Ÿ’ฌ 160    ๐Ÿ“Œ 125

the USA built a system of higher education so good that smart/rich people from across the world came here, spending billions to learn here, subsidizing education for Americans while spending money to live in our cities and towns. our government arbitrarily decided we should stop doing that

03.08.2025 15:39 โ€” ๐Ÿ‘ 3407    ๐Ÿ” 1139    ๐Ÿ’ฌ 54    ๐Ÿ“Œ 47

Itโ€™s not just the dollars. Itโ€™s the goodwill the US generates, the connections we create student by studentโ€”what a devastating loss

03.08.2025 14:30 โ€” ๐Ÿ‘ 537    ๐Ÿ” 115    ๐Ÿ’ฌ 9    ๐Ÿ“Œ 4

I'm so tired of hearing that we need to "teach our students how to use AI" when the thing they most need to use it is a critical-thinking skill set that can only be acquired by NOT using it. I'm tired of hearing that it's inevitable. I'm tired.

01.08.2025 16:52 โ€” ๐Ÿ‘ 2261    ๐Ÿ” 533    ๐Ÿ’ฌ 34    ๐Ÿ“Œ 35

OK, I really feel that we at least have to resurrect "conservative affirmative action" because that's at least arguably descriptive. Conservative inclusion of the unqualified, maybe. Diversity and equity, not so much.

03.08.2025 04:15 โ€” ๐Ÿ‘ 32    ๐Ÿ” 10    ๐Ÿ’ฌ 1    ๐Ÿ“Œ 1

๐Ÿ‘€ "leaders said they were hoping the multimillion-dollar settlement would buy them time.

โ€œIt backfired,โ€ said one senior administrator at UCLA, reflecting the sense of whiplash felt among many who were interviewed. โ€œWithin hours of announcing our settlement, the DOJ was on our back.โ€"

02.08.2025 21:25 โ€” ๐Ÿ‘ 29    ๐Ÿ” 11    ๐Ÿ’ฌ 5    ๐Ÿ“Œ 3
Colorful painted portrait of James Baldwin, seated

Colorful painted portrait of James Baldwin, seated

To mark James Baldwin's birthday - he was born on this day in 1924 - a stunning portrait of the writer by Beauford Delaney. The two men were close, & Delaney painted many portraits of Baldwin

02.08.2025 21:08 โ€” ๐Ÿ‘ 266    ๐Ÿ” 66    ๐Ÿ’ฌ 3    ๐Ÿ“Œ 4

If you see this, post a castle

02.08.2025 20:14 โ€” ๐Ÿ‘ 12    ๐Ÿ” 0    ๐Ÿ’ฌ 4    ๐Ÿ“Œ 5
Preview
PBS: Public Broadcasting Service Watch full episodes of your favorite PBS dramas, find in-depth news analysis and explore documentaries on history, science, art and more!

For $5/month or $60/yr you get access to PBS Passport and the entire Masterpiece library plus Great Performances, etc. Defunded but not defeated. www.pbs.org/passport/lea...

02.08.2025 19:06 โ€” ๐Ÿ‘ 8261    ๐Ÿ” 4873    ๐Ÿ’ฌ 189    ๐Ÿ“Œ 370
Preview
โ€˜This wasnโ€™t obviousโ€™: the potato evolved from a tomato ancestor, researchers find Hybridisation event took place about 9 million years ago, helping to โ€˜spark the emergence of a new organโ€™

New genetic research shows that potatoes evolved from tomatoes. The species were already known to be in the same genus, but the research confirms that wild tomatoes in the Andes were crossed with a plant called Etuberosum to form an entirely new lineage: potato.
www.theguardian.com/science/2025...

02.08.2025 17:47 โ€” ๐Ÿ‘ 33    ๐Ÿ” 12    ๐Ÿ’ฌ 5    ๐Ÿ“Œ 3

Being a woman in the U.S. in 2025 is being a second-class citizen with no bodily autonomy and no pay equity and spending 10 years writing an essay about how casually men destroy womenโ€™s lives and not one day later, some fucker publishes a piece about how men not getting laid is a crisis

02.08.2025 01:31 โ€” ๐Ÿ‘ 1665    ๐Ÿ” 383    ๐Ÿ’ฌ 30    ๐Ÿ“Œ 21
Case 1:24-cr-00768-MWB|
Document 117 Filed 08/01/25
Page 1 of 3 PagelD: 507
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY
UNITED STATES OF AMERICA,
V.
JULIEN GIRAUD JR., and
JULIEN GIRAUD III,
Defendants.
No. 1:24-CR-00768
(Chief Judge Brann)*
ORDER
AUGUST 1, 2025
In accordance with the accompanying Memorandum Opinion, IT IS
HEREBY ORDERED that:
The Girauds' motion to dismiss the indictment' is DENIED with
respect to their request for dismissal;
2. The Girauds' motion to dismiss the indictment is DEFERRED with
respect to their request to enjoin Alina Habba and any Assistant United
States Attorney acting under her authority from prosecuting them;
To the extent not already done, the trial in this matter and all other
pretrial motions are stayed pending resolution of the instant motion;
โ€ข The Honorable Matthew W. Brann, Chief United States District Judge for the Middle District of Pennsylvania, sitting by designation.
1 Doc. 99.

Case 1:24-cr-00768-MWB| Document 117 Filed 08/01/25 Page 1 of 3 PagelD: 507 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY UNITED STATES OF AMERICA, V. JULIEN GIRAUD JR., and JULIEN GIRAUD III, Defendants. No. 1:24-CR-00768 (Chief Judge Brann)* ORDER AUGUST 1, 2025 In accordance with the accompanying Memorandum Opinion, IT IS HEREBY ORDERED that: The Girauds' motion to dismiss the indictment' is DENIED with respect to their request for dismissal; 2. The Girauds' motion to dismiss the indictment is DEFERRED with respect to their request to enjoin Alina Habba and any Assistant United States Attorney acting under her authority from prosecuting them; To the extent not already done, the trial in this matter and all other pretrial motions are stayed pending resolution of the instant motion; โ€ข The Honorable Matthew W. Brann, Chief United States District Judge for the Middle District of Pennsylvania, sitting by designation. 1 Doc. 99.

Case 1:24-cr-00768-MWB
Document 117 Filed 08/01/25
Page 2 of 3 PagelD: 508
4. The Court will receive supplemental briefing on the "merits" issue of
whether Ms. Habba's appointment
contravenes statutory or
constitutional limitations, including;
a.
The Federal Vacancies Reform Act;
b. 28 U.S.C. ยง 546(d);
c. The Appointments Clause;
d. The Due Process Clause;
e.
The Government's "Special Attorney" delegation theory;
The Girauds' supplemental merits brief of no more than 25 pages shall
be due on Thursday, August 7, 2025;
The Government's supplemental merits brief of no more than 25 pages
shall be due on Tuesday, August 12, 2025;
The Court finds that the Association of Criminal Defense Lawyers of
New Jersey's request to submit an Amicus Brief satisfies the applicable standard'โ€”it may submit an Amicus Brief of no more than 20 pages by Wednesday, August 13, 2025;
Any other organizations or individuals who wish to submit an Amicus
Brief should file a short motion to that effect and include their proposed
Brief of no more than 20 pages by Wednesday, August 13, 2025;
Doc. 112.
Kyocera Doc. Sols. Am., Inc. v. Div. of Admin., 708 F. Supp. 3d 531, 542 n.16 (D.N.J. 2023).

Case 1:24-cr-00768-MWB Document 117 Filed 08/01/25 Page 2 of 3 PagelD: 508 4. The Court will receive supplemental briefing on the "merits" issue of whether Ms. Habba's appointment contravenes statutory or constitutional limitations, including; a. The Federal Vacancies Reform Act; b. 28 U.S.C. ยง 546(d); c. The Appointments Clause; d. The Due Process Clause; e. The Government's "Special Attorney" delegation theory; The Girauds' supplemental merits brief of no more than 25 pages shall be due on Thursday, August 7, 2025; The Government's supplemental merits brief of no more than 25 pages shall be due on Tuesday, August 12, 2025; The Court finds that the Association of Criminal Defense Lawyers of New Jersey's request to submit an Amicus Brief satisfies the applicable standard'โ€”it may submit an Amicus Brief of no more than 20 pages by Wednesday, August 13, 2025; Any other organizations or individuals who wish to submit an Amicus Brief should file a short motion to that effect and include their proposed Brief of no more than 20 pages by Wednesday, August 13, 2025; Doc. 112. Kyocera Doc. Sols. Am., Inc. v. Div. of Admin., 708 F. Supp. 3d 531, 542 n.16 (D.N.J. 2023).

Case 1:24-cr-00768-MWB
Document 117 Filed 08/01/25
Page 3 of 3 PagelD: 509
9. If either party objects to the submission of an Amicus Brief, opposition
to the relevant motion is due by Saturday, August 16, 2025;
10. The Court will hold a hearing and oral argument on this matter on
Friday, August 15, 2025, at 10:00 a.m. at the United States Courthouse
and Federal Building,
Courtroom Number
1,
Fourth Floor,
Williamsport, Pennsylvania;
The Government should be prepared to submit firsthand
evidence verifying the factual basis for its legal arguments- such
evidence may take the form of an affidavit if live testimony is not feasible.
BY THE COURT:
s/ Matthew W. Brann
Matthew W. Brann
Chief United States District Judge for the Middle District of Pennsylvania
Specially Presiding

Case 1:24-cr-00768-MWB Document 117 Filed 08/01/25 Page 3 of 3 PagelD: 509 9. If either party objects to the submission of an Amicus Brief, opposition to the relevant motion is due by Saturday, August 16, 2025; 10. The Court will hold a hearing and oral argument on this matter on Friday, August 15, 2025, at 10:00 a.m. at the United States Courthouse and Federal Building, Courtroom Number 1, Fourth Floor, Williamsport, Pennsylvania; The Government should be prepared to submit firsthand evidence verifying the factual basis for its legal arguments- such evidence may take the form of an affidavit if live testimony is not feasible. BY THE COURT: s/ Matthew W. Brann Matthew W. Brann Chief United States District Judge for the Middle District of Pennsylvania Specially Presiding

MAJOR breaking news:

The District of New Jersey is moving forward with the challenge to Alina Habbaโ€™s appointment. The judge has ordered supplemental briefing on the so called โ€œmerits issueโ€ - whether Habbaโ€™s status as โ€œactingโ€ United States attorney contravenes statutory and/or constitutional law.

01.08.2025 21:42 โ€” ๐Ÿ‘ 1197    ๐Ÿ” 303    ๐Ÿ’ฌ 19    ๐Ÿ“Œ 14

Judge Boasberg is the rare public official who is acting like the executive branch's respect for the rule of law is critical to the success of the American project and a prosperous global economy. More judges and politicians should take cues from him.

02.08.2025 13:33 โ€” ๐Ÿ‘ 267    ๐Ÿ” 62    ๐Ÿ’ฌ 2    ๐Ÿ“Œ 0
Preview
You snooze, you lose: CJEU upholds cancellation of plant variety rights for failure to pay fees on time The IPKat blog reports on copyright, patent, trade mark, info-tech and confidentiality issues from a mainly UK and European perspective.

What's the worst that can happen if you ignore notifications for a while?

After the 'Melrose' potato PVR was cancelled, the CJEU yesterday explored how plant variety rights owners can prove "force majeure," and the lawfulness of electronic communications:
ipkitten.blogspot.com/2025/08/you-...

02.08.2025 10:19 โ€” ๐Ÿ‘ 3    ๐Ÿ” 3    ๐Ÿ’ฌ 1    ๐Ÿ“Œ 0

BREAKING: We're suing ICE for unlawfully targeting and arresting people who show up to court for their immigration hearings.

01.08.2025 22:12 โ€” ๐Ÿ‘ 37657    ๐Ÿ” 8044    ๐Ÿ’ฌ 856    ๐Ÿ“Œ 410

I will probably end up listening to a lot of Pimsleur as I clean for a friend's visit (yes, dusting off my long-unused French is fun for me)

01.08.2025 22:28 โ€” ๐Ÿ‘ 7    ๐Ÿ” 0    ๐Ÿ’ฌ 3    ๐Ÿ“Œ 0

I'm mostly trying to tune out the outside world. (I gave birth a week ago.) But between Trump firing BLS commissioner & suddenly finding an opening on the Fed board, today seems like a dark turning point for the US economy.
I fear we've just met 2 horsemen of the turning-into-Venezuela-pocalypse

01.08.2025 20:43 โ€” ๐Ÿ‘ 2001    ๐Ÿ” 359    ๐Ÿ’ฌ 177    ๐Ÿ“Œ 16

Firing the BLS Commissioner โ€” the wonk in charge of the statisticians who track economic reality โ€” is an authoritarian four alarm fire.

It will also backfire: You can't bend economic reality, but you can break the trust of markets. And biased data yields worse policy.

01.08.2025 20:54 โ€” ๐Ÿ‘ 10257    ๐Ÿ” 3293    ๐Ÿ’ฌ 300    ๐Ÿ“Œ 159

Um, that sounds AMAZING

01.08.2025 22:06 โ€” ๐Ÿ‘ 0    ๐Ÿ” 0    ๐Ÿ’ฌ 1    ๐Ÿ“Œ 0

We made it to the weekend, friends. What are we reading, listening to, or watching for fun (or distraction)?

01.08.2025 22:04 โ€” ๐Ÿ‘ 18    ๐Ÿ” 0    ๐Ÿ’ฌ 19    ๐Ÿ“Œ 0

Men are so boring about this. This and their mid-AI. Itโ€™s all so deeply boring. I would ignore it all if the combo of their silly sex obsession and mid tech werenโ€™t dead set on killing us all.

01.08.2025 21:23 โ€” ๐Ÿ‘ 547    ๐Ÿ” 75    ๐Ÿ’ฌ 5    ๐Ÿ“Œ 4
Post image Post image

Today in trademarks:

01.08.2025 20:38 โ€” ๐Ÿ‘ 17    ๐Ÿ” 9    ๐Ÿ’ฌ 3    ๐Ÿ“Œ 0

@design-law is following 20 prominent accounts