Mark McKenna

@hartzog.bsky.social and @markpmckenna.bsky.social argue for more precision in their references to “scale” in regards to technology. Differentiating between “scale as more” and “scale as different” H & M suggest they have different implications for regulation papers.ssrn.com/sol3/papers....

Hundreds of Alligator Alcatraz detainees drop off the grid after leaving site As of the end of August, the whereabouts of two-thirds of more than 1,800 men detained at Alligator Alcatraz during the month of July could not be determined by the Miami Herald.

More than 1800 detainees are missing after the closure of Alligator Alcatraz. Their families and lawyers can’t find them and they’ve vanished from the ICE database. Feels like this should be a much bigger story www.miamiherald.com/news/local/i...

Trump’s U.N. Speech: A World of His Own False claims, imagined triumphs, and a fantasy take on global affairs.

Fact-checker @glennkessler.bsky.social takes apart Trump's delusional United Nations speech with, well, facts.

open.substack.com/pub/glennkes...

Sadly, it apparently is our policy

I know, I know, but: The president of the US saying, literally, "we're going in" in reference to sending the military to an American city for no reason beyond terrorizing the local population should be the most immediately impeachable shit imaginable

Amazon’s Quiet Overhaul of the Trademark System — California Law Review Amazon’s dominance as a platform is widely documented. But one aspect of that dominance has not received sufficient attention—the Amazon Brand Registry’s sweeping influence on firm behavior, particula...

Thrilled that my article with @markpmckenna.bsky.social on "Amazon's Quiet Overhaul of the Trademark System" is now out in the California Law Review @califlrev.bsky.social

Indeed, that is making “cause” mean the same thing as “at will.”

Destroying PhD programs, on purpose

Amazon’s Quiet Overhaul of the Trademark System — California Law Review Amazon’s dominance as a platform is widely documented. But one aspect of that dominance has not received sufficient attention—the Amazon Brand Registry’s sweeping influence on firm behavior, particula...

Amazon’s Quiet Overhaul of the Trademark System (with @jeannefromer.bsky.social) is now published in the California Law Review.

Chris Cotropia, @markpmckenna.bsky.social, @jnvictor.bsky.social, @rtushnet.bsky.social & @jeannefromer.bsky.social on "IP Rights as a Signal to Consumers" (a panel well represented on bluesky)

Intel Worked With Chinese Firms Sanctioned For Enabling Human Rights Abuses As the U.S. government takes a 10% stake in Intel, Forbes has learned the tech company partnered with sanctioned Chinese surveillance firms Uniview, Hikvision and Cloudwalk.

As the U.S. government takes a 10% stake in Intel, Forbes has learned the tech company partnered with sanctioned Chinese surveillance firms Uniview, Hikvision and Cloudwalk.

Other, more serious countries have actual constitutional courts, with judges who don’t violate their oaths of office

Hochul: "This is what I call a legal insurrection ... they know they're going to lose next year. That's the only reason they're engaged in this. It also might be a nice distraction from people asking -- all of the sudden this happens when? When they refuse to release the Epstein files."

He really does like dictatorship in all areas of his life.

Why would anyone ever trust and work with the United States again?

Much of the settlement has nothing to do with antisemitism. As @mbkplus.bsky.social and I discussed on the pod, how can a university cede authority over admissions, hiring, and even locker rooms and still profess a commitment to "core values?"

livefromwatthall.transistor.fm/episodes/col...

Only the best people

An utterly insane career bio. Getting a White House appt with this in your record is something else.

Trump’s mental decline is undeniable — so what now? hemselves, that there is a problem, just as Biden’s supporters did for him.    Donald Trump is showing all the signs of suffering from dementia. If this were a neighbor, a parent, or a family frien…

"In older people, confabulation is one of the clearest early signs of dementia...Once you have seen that Donald Trump is confabulating, it cannot be unseen — and all sorts of other mildly disturbing incidents suddenly fall into place."
thehill.com/opinion/camp...

‘Clinton Plan’ Emails Were Likely Made by Russian Spies, Declassified Report Shows

The sad and fundamental truth is that neither the Obama administration nor the Clinton campaign took Russian electoral interference seriously, meaning that now, a decade on, Russia’s man keeps trying to prove that he’s not.
www.nytimes.com/2025/07/31/u...

I watched the NewsHour for the first time in a long time. It was striking how deep and thoughtful and efficient their broadcast was. I came away much better informed in a non-political way than I do from watching any of the cable news networks. That’s why Trump wants to kill it.

I was just informed that our Country’s “Jobs Numbers” are being produced by a Biden Appointee, Dr. Erika McEntarfer, the Commissioner of Labor Statistics, who faked the Jobs Numbers before the Election to try and boost Kamala’s chances of Victory. This is the same Bureau of Labor Statistics that overstated the Jobs Growth in March 2024 by approximately 818,000 and, then again, right before the 2024 Presidential Election, in August and September, by 112,000. These were Records — No one can be that wrong? We need accurate Jobs Numbers. I have directed my Team to fire this Biden Political Appointee, IMMEDIATELY. She will be replaced with someone much more competent and qualified. Important numbers like this must be fair and accurate, they can’t be manipulated for political purposes. McEntarfer said there were only 73,000 Jobs added (a shock!) but, more importantly, that a major mistake was made by them, 258,000 Jobs downward, in the prior two months. Similar things happened in the first part of the year, always to the negative. The Economy is BOOMING under “TRUMP” despite a Fed that also plays games, this time with Interest Rates, where they lowered them twice, and substantially, just before the Presidential Election, I assume in the hopes of getting “Kamala” elected – How did that work out? Jerome “Too Late” Powell should also be put “out to pasture.” Thank you for your attention to this matter!

Unquestionably the most dangerous and corrupt attack on the independence of US economic data in American history. Trump is firing the head of the BLS, a longtime civil servant confirmed 86-8 by the Senate, simply because the job numbers came in below his expectations today

NEW: A federal judge ordered the Trump administration to unfreeze federal funds.

Then the harassment began.

Pizzas sent to his home in the name of Judge Esther Salas’s murdered son, Daniel.

Six credible threats to his life.

More than 400 “vile” calls to his chambers—including this voicemail:

'DOGE lied': Expert floored as blistering report finds Musk team blew billions The Department of Government Efficiency wasn't so efficient after all. In fact, was extraordinarily wasteful, according to a Thursday report by the U.S. Senate's investigations subcommittee.When Elon ...

Seems DOGE wasn't so efficient after all. In fact, was extraordinarily wasteful, according to a Thursday report by the US Senate's investigations subcommittee.

Musk is already known to have wildly exaggerated the amount that his initiative was saving the public.

www.rawstory.com/doge-2673797...

For those of us who understand the importance of studying history to inform the present, this erasing of history by an institution of this importance is particularly terrifying.

Restating Copyright: The ALI’s Landmark Project and What It Means for the Law In May 2025, the membership of the American Law Institute (ALI) completed a milestone in our understanding and interpretation of U.S. copyright law: the approval of its first-ever Restatement of the L...

Restating Copyright: The ALI’s Landmark Project and What It Means for the Law, by @danielgervais.bsky.social, Lydia Loren, R. Anthony Reese, @cjsprigman.bsky.social & @mollysvh.bsky.social on the Kluwer Copyright Blog

legalblogs.wolterskluwer.com/copyright-bl...

The whole idea of a "Heritage American" is revisionist BS, and I say that as someone who can trace my own "heritage" in this land back to the 1640s. This country has always been a mish-mosh of peoples coming together to make a better future.

"E Pluribus Unum"; out of many, one.

The attacks on law firms have had their desired effect.

"Government oversight of course evaluations" is a recipe for mischief and opens the door government oversight of teaching