Kathleen Lu
@kathleenthelaw.bsky.social
Artisanal content moderator
Product lawyer, tech lawyer, copyright lawyer
She/her
Product lawyer, tech lawyer, copyright lawyer
She/her
Reposted by Kathleen Lu
While we were sleeping, a huge ruling:
Federal judge blocks the Trump administration from warrantless immigration arrests in Washington, D.C. “without a pre-arrest individualized determination … of probable cause.”
She addresses Kavanaugh stops head on.
storage.courtlistener.com/recap/gov.us...
Federal judge blocks the Trump administration from warrantless immigration arrests in Washington, D.C. “without a pre-arrest individualized determination … of probable cause.”
She addresses Kavanaugh stops head on.
storage.courtlistener.com/recap/gov.us...
![Excerpt from ruling:
“Bluntly put, why the Court ruled as it did remains unclear-and without reasoning,
this order cannot even be considered as persuasive. Second, Justice Kavanaugh's conclusion that the plaintiffs lacked standing in Perdomo rested on the claims asserted in that case specifically, plaintiffs there sought to enjoin defendants from targeting individuals for immigration stops based on certain factors, such as race or ethnicity, their accent, and the type of work they did. Id. Justice Kavanaugh reasoned that plaintiffs in Perdomo likely lacked standing under Lyons, as defendants may "stop suspected illegal immigrants based on a variety of factors," and thus "plaintiffs ha[d] no good basis to believe that law enforcement will unlawfully stop them in the future" based "only on [prohibited] factors." Id. at *3 (emphases in original). In contrast, this case concerns an entirely different context, namely, civil immigration arrests rather than immigration stops, which were at issue in Perdomo, and a different type of challenge. Specifically, plaintiffs are not arguing which factors defendants may consider in their application of a legal standard, but rather contend that defendants have abandoned the proper legal standard entirely. See Pls.' Reply at 8. Thus, Justice Kavanaugh's concurrence in Perdomo, to the extent it has persuasive, let alone controlling, authority, is inapposite.”](https://cdn.bsky.app/img/feed_thumbnail/plain/did:plc:jech7rem6vijss4euf4fijao/bafkreidy2tm2mkrt4kkxcnhlmc6uess22cabrg7b5juyauqoolvoqd7teu@jpeg)
December 3, 2025 at 1:55 PM
While we were sleeping, a huge ruling:
Federal judge blocks the Trump administration from warrantless immigration arrests in Washington, D.C. “without a pre-arrest individualized determination … of probable cause.”
She addresses Kavanaugh stops head on.
storage.courtlistener.com/recap/gov.us...
Federal judge blocks the Trump administration from warrantless immigration arrests in Washington, D.C. “without a pre-arrest individualized determination … of probable cause.”
She addresses Kavanaugh stops head on.
storage.courtlistener.com/recap/gov.us...
Reposted by Kathleen Lu
Why believe in the rule of law if government officials for years on end fail to stop Dollar General from routinely violating laws that bar companies from charging higher prices at the register?
Stopping a predatory strategy to rip off poor people is basic Democracy 101.
Stopping a predatory strategy to rip off poor people is basic Democracy 101.
Tricking customers with higher prices at the register is a core strategy of Dollar General & Family Dollar.
"Dollar General stores have failed more than 4,300 government price-accuracy inspections in 23 states since January 2022."
Terrific reporting from @barryyeoman.com @theguardian.com
"Dollar General stores have failed more than 4,300 government price-accuracy inspections in 23 states since January 2022."
Terrific reporting from @barryyeoman.com @theguardian.com
How the dollar-store industry overcharges cash-strapped customers while promising low prices
A Guardian investigation reveals Dollar General and Family Dollar stores often fail to honor their shelf prices – charging more at checkout for everything from frying pans to Frosted Flakes
www.theguardian.com
December 3, 2025 at 2:24 PM
Why believe in the rule of law if government officials for years on end fail to stop Dollar General from routinely violating laws that bar companies from charging higher prices at the register?
Stopping a predatory strategy to rip off poor people is basic Democracy 101.
Stopping a predatory strategy to rip off poor people is basic Democracy 101.
Reposted by Kathleen Lu
I mention this a lot, but as a Legal Realist, I never thought I would be proven so correct. I’m supposed to be a straw man for other people’s theories!
Lesson 6: If you have a theory of the Supreme Court that does not include political ideology, its going to be wrong. During the Biden administration it was all major questions because they did not like his policies, and during Trump it is mostly unitary executive, because they do.
December 3, 2025 at 3:13 PM
I mention this a lot, but as a Legal Realist, I never thought I would be proven so correct. I’m supposed to be a straw man for other people’s theories!
Reposted by Kathleen Lu
„CSU—US’s largest public uni system—went all-in with a $17mill partnership with OpenAI. . .CSU unveiled its grand technological gesture just as it proposed slashing $375mill from its budget. While admin cut ribbons on AI, they were cutting faculty positions, academic programs, student services.“
AI is Destroying the University and Learning Itself
Students use AI to write papers, professors use AI to grade them, degrees become meaningless, and tech companies make fortunes. Welcome to the death of higher education.
www.currentaffairs.org
December 3, 2025 at 5:43 AM
„CSU—US’s largest public uni system—went all-in with a $17mill partnership with OpenAI. . .CSU unveiled its grand technological gesture just as it proposed slashing $375mill from its budget. While admin cut ribbons on AI, they were cutting faculty positions, academic programs, student services.“
Reposted by Kathleen Lu
I'm not usually all that sympathetic to business complaints about burdensome regulation, but FT makes a good case:
"The Djungelskog elephant has two labels sticking out of it. The smaller tag is dedicated to product information...The longer label lists the composition in 22 languages..."
"The Djungelskog elephant has two labels sticking out of it. The smaller tag is dedicated to product information...The longer label lists the composition in 22 languages..."
December 3, 2025 at 10:29 AM
I'm not usually all that sympathetic to business complaints about burdensome regulation, but FT makes a good case:
"The Djungelskog elephant has two labels sticking out of it. The smaller tag is dedicated to product information...The longer label lists the composition in 22 languages..."
"The Djungelskog elephant has two labels sticking out of it. The smaller tag is dedicated to product information...The longer label lists the composition in 22 languages..."
Reposted by Kathleen Lu
I understand why Prof. Goldman didn't link to (or recommend reading) this paper. But I've also seen firsthand how the mere existence of this piece is being used to suggest that there is a serious, live academic debate about the #ScheduleA litigation model. There is not. Go ahead, see for yourself:
Beyond the Brick-and-Mortar Paradigm: The Legal and Procedural Foundations of Schedule A Litigation in Combating Online Counterfeiting as Distinct from Traditional Trademark Enforcement
<p>This Article analyzes the emergence and evolution of Schedule A litigation as a procedural mechanism for combating online trademark counterfeiting. In respon
papers.ssrn.com
December 3, 2025 at 1:02 PM
I understand why Prof. Goldman didn't link to (or recommend reading) this paper. But I've also seen firsthand how the mere existence of this piece is being used to suggest that there is a serious, live academic debate about the #ScheduleA litigation model. There is not. Go ahead, see for yourself:
Reposted by Kathleen Lu
Freed from prison by Trump on his last day in office in 2021, a $200 million fraudster started a new Ponzi scheme within months.
*A Bloomberg Big Take*
FREE Gift Link:
www.bloomberg.com/features/202...
*A Bloomberg Big Take*
FREE Gift Link:
www.bloomberg.com/features/202...
Freed by Trump, a $200 Million Fraudster Started a New Scam
Eli Weinstein promised to reform — but after his release he took on an alias and started another Ponzi scheme.
www.bloomberg.com
December 2, 2025 at 10:48 PM
Freed from prison by Trump on his last day in office in 2021, a $200 million fraudster started a new Ponzi scheme within months.
*A Bloomberg Big Take*
FREE Gift Link:
www.bloomberg.com/features/202...
*A Bloomberg Big Take*
FREE Gift Link:
www.bloomberg.com/features/202...
Reposted by Kathleen Lu
Side note: There will soon be more actual academic literature! I invited every academic I know with any interest in Schedule to contribute to this forthcoming symposium issue. I didn't vet anyone's topic or demand any sort of artificial "balance." I just found smart people & gave them space.
Unsealing "Schedule A" - Chicago-Kent Law Review
2025 Chicago-Kent Law Review Online Live Symposium Symposium Editor Sarah Fackrell, Chicago-Kent College of Law Chicago–Kent College of Law September 26, 2025 | 10:00 am – 3:45 pm (CST) Contact: Colle...
studentorgs.kentlaw.iit.edu
December 3, 2025 at 1:41 PM
Side note: There will soon be more actual academic literature! I invited every academic I know with any interest in Schedule to contribute to this forthcoming symposium issue. I didn't vet anyone's topic or demand any sort of artificial "balance." I just found smart people & gave them space.
Reposted by Kathleen Lu
America: rugged, independent, free.
unless there's a chance somebody might see boobies
unless there's a chance somebody might see boobies
Half of the US Now Requires You to Upload Your ID or Scan Your Face to Watch Porn
Missouri’s age verification law, enacted on November 30, is the halfway mark for the sweep of age verification laws across the country.
www.404media.co
December 3, 2025 at 1:30 PM
America: rugged, independent, free.
unless there's a chance somebody might see boobies
unless there's a chance somebody might see boobies
Reposted by Kathleen Lu
“Politicians who later become congressional leaders trade stocks like everyone else ... until they ascend to power.
After ascension, their portfolios beat peers by 47 (!!!) percentage points a year through trades timed around bills and firms that later get government contracts.”
After ascension, their portfolios beat peers by 47 (!!!) percentage points a year through trades timed around bills and firms that later get government contracts.”
December 3, 2025 at 4:01 AM
“Politicians who later become congressional leaders trade stocks like everyone else ... until they ascend to power.
After ascension, their portfolios beat peers by 47 (!!!) percentage points a year through trades timed around bills and firms that later get government contracts.”
After ascension, their portfolios beat peers by 47 (!!!) percentage points a year through trades timed around bills and firms that later get government contracts.”
Reposted by Kathleen Lu
lol evangelicals think mormons AND catholics are heretics
Today in Schism:
Robert Griffin III claims the committee is “persecuting Christians” by ranking Notre Dame ahead of BYU
Robert Griffin III claims the committee is “persecuting Christians” by ranking Notre Dame ahead of BYU
December 3, 2025 at 1:27 PM
lol evangelicals think mormons AND catholics are heretics
Reposted by Kathleen Lu
What’s most stunning to me about this that Republicans always do this. They always crush the economy and put people out of work. It’s been happening my entire life. Yet, Americans continue to vote them in after Dems clean up each mess.
December 3, 2025 at 2:04 PM
What’s most stunning to me about this that Republicans always do this. They always crush the economy and put people out of work. It’s been happening my entire life. Yet, Americans continue to vote them in after Dems clean up each mess.
Reposted by Kathleen Lu
"The U.S. labor market slowdown intensified in November as private companies cut 32,000 workers, with small businesses hit the hardest [...] The total loss was the biggest drop since March 2023."
The power of MAGAnomics!
www.cnbc.com/amp/2025/12/...
The power of MAGAnomics!
www.cnbc.com/amp/2025/12/...
November private payrolls unexpectedly fell by 32,000, led by steep small business job cuts, ADP reports
The payrolls decline marked a sharp step down from October, which saw an upwardly revised gain of 47,000 positions.
www.cnbc.com
December 3, 2025 at 1:57 PM
"The U.S. labor market slowdown intensified in November as private companies cut 32,000 workers, with small businesses hit the hardest [...] The total loss was the biggest drop since March 2023."
The power of MAGAnomics!
www.cnbc.com/amp/2025/12/...
The power of MAGAnomics!
www.cnbc.com/amp/2025/12/...
Reposted by Kathleen Lu
I have to say, when I read this 22% quote I was skeptical. That just seemed REALLY high. My first thought was: "What was the methodology of the underlying survey?"
Turns out that, even if the methodology was fine, this empirical assertion is simply not supported by the citation.
Turns out that, even if the methodology was fine, this empirical assertion is simply not supported by the citation.
"A 2023 A-CAPP Center Consumer Survey noted that, in the U.S., 22% of online shoppers were injured or harmed and another 19% experienced negative health effects from counterfeit goods they had purchased." - papers.ssrn.com/sol3/papers....
No, it didn't. a-capp.msu.edu/wp-content/u...
No, it didn't. a-capp.msu.edu/wp-content/u...
December 3, 2025 at 2:34 PM
I have to say, when I read this 22% quote I was skeptical. That just seemed REALLY high. My first thought was: "What was the methodology of the underlying survey?"
Turns out that, even if the methodology was fine, this empirical assertion is simply not supported by the citation.
Turns out that, even if the methodology was fine, this empirical assertion is simply not supported by the citation.
Reposted by Kathleen Lu
Pro tip: Always check the underlying source.
December 3, 2025 at 2:38 PM
Pro tip: Always check the underlying source.
Reposted by Kathleen Lu
Trademark litigation involves critiquing and defending consumer surveys. Any trademark litigator worth their salt would know that you need to check exactly what was asked--and to who--before making a defensible claim about survey results.
December 3, 2025 at 2:42 PM
Trademark litigation involves critiquing and defending consumer surveys. Any trademark litigator worth their salt would know that you need to check exactly what was asked--and to who--before making a defensible claim about survey results.
Reposted by Kathleen Lu
A prominent Schedule A plaintiffs' firm paid someone some (undisclosed) amount of money to "partially fund" a pro-Schedule A law review article. And the article itself? Not good.
Blog Post: Another Shill Article Tries to Normalize the SAD Scheme #trademark
blog.ericgoldman.org/archives/202...
blog.ericgoldman.org/archives/202...
Another Shill Article Tries to Normalize the SAD Scheme - Technology & Marketing Law Blog
I note the posting of a draft article, which (unfortunately) has been accepted for publication by the Fordham Intellectual Property, Media & Entertainment Law Journal, entitled “Beyond the Brick-and-M...
blog.ericgoldman.org
December 3, 2025 at 12:40 PM
A prominent Schedule A plaintiffs' firm paid someone some (undisclosed) amount of money to "partially fund" a pro-Schedule A law review article. And the article itself? Not good.
Reposted by Kathleen Lu
Just a couple of weeks ago one of the main people responsible for family separation in the first Trump admin, Sarah Isgur, had a big long casual chat in the NYT where she casually played down the seriousness of Trump’s actions archive.is/7evRQ
December 3, 2025 at 5:51 AM
Just a couple of weeks ago one of the main people responsible for family separation in the first Trump admin, Sarah Isgur, had a big long casual chat in the NYT where she casually played down the seriousness of Trump’s actions archive.is/7evRQ
Reposted by Kathleen Lu
The President and the Speaker of the House deliberately nationalized a Congressional special election in a highly Republican district.
As a result the turnout was as high as the 2022 midterm, and the results imply a Democratic blowout in a national election.
As a result the turnout was as high as the 2022 midterm, and the results imply a Democratic blowout in a national election.
December 3, 2025 at 3:15 AM
The President and the Speaker of the House deliberately nationalized a Congressional special election in a highly Republican district.
As a result the turnout was as high as the 2022 midterm, and the results imply a Democratic blowout in a national election.
As a result the turnout was as high as the 2022 midterm, and the results imply a Democratic blowout in a national election.
Reposted by Kathleen Lu
"[M]odern totalitarianism can be defined as the establishment, by means of the state of exception, of a legal civil war that allows for the physical elimination not only of political adversaries but of entire categories of citizens who for some reason cannot be integrated into the political system."
NEW: The official USCIS guidance on this pause is out. Until further notice from the USCIS Director, all immigration benefits (including citizenship) are indefinitely suspended for nationals of 19 countries, as are all affirmative asylum applications from nationals of any country.
December 3, 2025 at 3:20 AM
"[M]odern totalitarianism can be defined as the establishment, by means of the state of exception, of a legal civil war that allows for the physical elimination not only of political adversaries but of entire categories of citizens who for some reason cannot be integrated into the political system."
Reposted by Kathleen Lu
This is the same position Kevin Roberts articulated at the Heritage Foundation:
Fuentes vile views must be debated and engaged because of free speech, but that same standard does not extend to campus (even though that is what campus leaders were told for years when it came to other racist speech).
Fuentes vile views must be debated and engaged because of free speech, but that same standard does not extend to campus (even though that is what campus leaders were told for years when it came to other racist speech).
Trump DOJ official Harmeet Dhillon describes the crackdown on schools & speech in response to alleged antisemitism.
Minutes later, asked about Nick Fuentes, she says: “the antidote to speech that you don't like is more speech. It isn't shutting down speech.”
Minutes later, asked about Nick Fuentes, she says: “the antidote to speech that you don't like is more speech. It isn't shutting down speech.”
December 3, 2025 at 3:19 AM
This is the same position Kevin Roberts articulated at the Heritage Foundation:
Fuentes vile views must be debated and engaged because of free speech, but that same standard does not extend to campus (even though that is what campus leaders were told for years when it came to other racist speech).
Fuentes vile views must be debated and engaged because of free speech, but that same standard does not extend to campus (even though that is what campus leaders were told for years when it came to other racist speech).
Reposted by Kathleen Lu
This is a vile and completely unacceptable attack on the Somali community.
And after the assassination of former Speaker of the MN House Melissa Hortman and her husband, Mark in Minnesota this year, the constant targeting of Rep. Omar by Donald Trump is incredibly dangerous.
And after the assassination of former Speaker of the MN House Melissa Hortman and her husband, Mark in Minnesota this year, the constant targeting of Rep. Omar by Donald Trump is incredibly dangerous.
December 3, 2025 at 3:26 AM
This is a vile and completely unacceptable attack on the Somali community.
And after the assassination of former Speaker of the MN House Melissa Hortman and her husband, Mark in Minnesota this year, the constant targeting of Rep. Omar by Donald Trump is incredibly dangerous.
And after the assassination of former Speaker of the MN House Melissa Hortman and her husband, Mark in Minnesota this year, the constant targeting of Rep. Omar by Donald Trump is incredibly dangerous.
You know how this became utterly predictable and inevitable? When absolutely none of the people responsible for the previous thousand family separations were punished in any way
A 6-year-old boy is missing after ICE arrested him and his dad in NYC last week and shipped them off to separate facilities. www.thecity.nyc/2025/12/02/i... @thecity.nyc @gwynnefitz.bsky.social
ICE Arrested and Separated Chinese Father From 6-Year-Old Son, Advocates Say
The father and son were detained at an ICE check-in on Nov. 26, advocates say. The son’s location is currently unknown, while the father is being held at an upstate ICE facility.
www.thecity.nyc
December 3, 2025 at 2:59 AM
You know how this became utterly predictable and inevitable? When absolutely none of the people responsible for the previous thousand family separations were punished in any way
Reposted by Kathleen Lu
A 6-year-old boy is missing after ICE arrested him and his dad in NYC last week and shipped them off to separate facilities. www.thecity.nyc/2025/12/02/i... @thecity.nyc @gwynnefitz.bsky.social
ICE Arrested and Separated Chinese Father From 6-Year-Old Son, Advocates Say
The father and son were detained at an ICE check-in on Nov. 26, advocates say. The son’s location is currently unknown, while the father is being held at an upstate ICE facility.
www.thecity.nyc
December 2, 2025 at 5:42 PM
A 6-year-old boy is missing after ICE arrested him and his dad in NYC last week and shipped them off to separate facilities. www.thecity.nyc/2025/12/02/i... @thecity.nyc @gwynnefitz.bsky.social
Reposted by Kathleen Lu
Order of the day, courtesy of Judge Amy Berman Jackson in DC. Earlier: www.npr.org/2024/04/26/1...
December 2, 2025 at 8:58 PM
Order of the day, courtesy of Judge Amy Berman Jackson in DC. Earlier: www.npr.org/2024/04/26/1...