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Cathay Smith

@cathaysmith.bsky.social

IP prof at Chicago-Kent. Teaching copyright, property, and IP + cultural property law seminar.

42 Posts408 Follower 344 Folgt

Sarah Fackrell @design-law.bsky.social · 2w ago

The Federal Circuit will sit at @chicagokentlaw.bsky.social on 10/6! www.cafc.uscourts.gov/chicago-law-...

Chicago Law Schools Become Federal Courtrooms for Citywide October Session

The U.S. Court of Appeals for the Federal Circuit will hold oral arguments at six Chicago law schools and the U.S. Court of Appeals for the Seventh Circuit courthouse from October 5 through October 8. Eight three-judge panels will hear 32 pending appeals drawn from the court’s nationwide docket. The full press release is available here (pdf).

Amanda Levendowski Tepski @tepski.tech · last wk.

My Intellectual Property and Information Policy Clinic is hiring a new teaching fellow! If you find joy in iPIP work; share our enthusiasm for collaborating; and demonstrate creativity through your work—maybe it could be you? Apply by the end of the month: apply.interfolio.com/194762 Share broadly!

Apply - Interfolio {{$ctrl.$state.data.pageTitle}} - Apply - Interfolio

apply.interfolio.com

Noah Smith-Drelich @nsmithdrelich.bsky.social · 4w ago

"Highly Recommended!"

Lawrence Solum@lsolum.bsky.social · 4w ago

Smith-Drelich on Is Bivens Dead? Noah Smith-Drelich (Chicago-Kent College of Law - Illinois Institute of Technology) has posted Is Bivens Dead?...

Lawrence Solum @lsolum.bsky.social · 4w ago

Smith-Drelich on Is Bivens Dead? Noah Smith-Drelich (Chicago-Kent College of Law - Illinois Institute of Technology) has posted Is Bivens Dead?...

Smith-Drelich on Is Bivens Dead?

Noah Smith-Drelich (Chicago-Kent College of Law - Illinois Institute of Technology) has posted Is Bivens Dead? (Georgia Law Review, forthcoming) on SSRN. Here is the abstract: For much of its fifty-year existence, Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics has served as a tenuous counterpart to Section 1983, providing a cause of action for federal violations of the Constitution.

legaltheoryblog.com

Kevin M. Kruse @kevinmkruse.bsky.social · last mo.

Students who nod and smile during lecture when we try to make a point? Heroes

Cathay Smith @cathaysmith.bsky.social · 2mo ago

www.esquire.com/entertainmen...

Taylor Sheridan Is Accused of Stealing ‘Yellowstone’

A new lawsuit claims that the TV creator had access to a script about “a modern war over land” prior to his deal with Paramount.

esquire.com

Noah Smith-Drelich @nsmithdrelich.bsky.social · 2mo ago

I just posted @ssrn.bsky.social: Is Bivens Dead?, 61 Ga. L. Rev. __ (forthcoming 2027), papers.ssrn.com/sol3/papers..... I look at every decision nationally that cites Bivens between June 2022 and June 2025 (4,808 in total) to see how courts are deciding Bivens actions after Egbert v. Boule. 1/10

Is Bivens Dead?

For much of its fifty-year existence, Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics has served as a tenuous counterpart to Section 1983, pro

papers.ssrn.com

The Guardian @theguardian.com · 2mo ago

The winner of the Guardian's Invertebrate of the year 2026 revealed

It's been a tightly fought race, but watch as naturalist and presenter Chris Packham reveals the Guardian's Invertebrate of the year 2026.

theguardian.com

Christine Corcos @lpcprof.bsky.social · 2mo ago

hyperallergic.com/taiwanese-ar...

Taiwanese Artists Accuse South Korea’s Gwangju Biennale of Censorship

The Biennale’s decision to exclude “Taiwan” from the pavilion’s official name “is a threat to freedom of expression and the global art community,” the artists said.

hyperallergic.com

Jordi Goodman @jordigoodman.bsky.social · 2mo ago

If you told me one year ago that my next big law review paper would be about breastmilk, I would have laughed. Or maybe cried.. I was about three weeks postpartum. In honor of World Breastfeeding Week, I am debuting my draft: Property Rights in Liquid Gold (papers.ssrn.com/sol3/papers....)

PROPERTY RIGHTS IN LIQUID GOLD: RECOGNIZING BREASTMILK AS PROPERTY

Breastmilk is a highly valued commodity. It is produced, stored, transferred, sold, and, at times, contaminated, stolen, improperly handled, and even lost. Liti

papers.ssrn.com

BigLawGothGF @biglawgothgf.bsky.social · 3mo ago

Ok pocket friends, I’m lighting the beacons: can anyone recommend a lawyer in the Chicago area who represent college students in disciplinary disputes with universities? Issues include disability accommodation refusals and harassment. I’m at a loss so any suggestions would be appreciated!

Jordi Goodman @jordigoodman.bsky.social · 3mo ago

Can't wait to see the Federal Circuit at Chicago-Kent on October 6!

Ed Timberlake @trademarksaremagic.bsky.social · 3mo ago

"This Article exposes the gap between the rhetoric and reality of copyright's parody doctrine." - @cathaysmith.bsky.social

Christine Corcos@lpcprof.bsky.social · 3mo ago

Cathay Smith, Chicago-Kent College of Law, is publishing Parody of What? Reconceptualizing the Scope of Parody for Copyright Fair Use in the Georgia State University Law Review / @cathaysmith.bsky.social papers.ssrn.com/sol3/papers....

kyleayers.bsky.social @kyleayers.bsky.social · 3mo ago

Not saying that game was stolen from Egypt but it is now on display at museum in London.

Chris Geidner @chrisgeidner.bsky.social · 3mo ago

BREAKING: Eleventh Circuit, on a 2-1 vote, upholds injunction blocking Florida from enforcing its 2022 Stop WOKE Act in the university context. The majority opinion is from Judge Britt Grant, a Trump appointee: storage.courtlistener.com/recap/gov.us...

Before GRANT, LAGOA, and WILSON, Circuit Judges.
GRANT, Circuit Judge:
"Congress shall make no law ... abridging the freedom of speech." U.S. Const. amend I. The First Amendment, incorporated against the States in 1868, is this country's written commitment to the idea that freedom of speech is essential to freedom of thought, and that both are essential to maintaining our liberty. The Supreme Court has long been clear that teaching and scholarship are due some measure of protection under the Amendment. But how much? And in what contexts? That Court has not had to say, but this one is now put to the test. The State of Florida legislated a broad set of speech restrictions banning certain viewpoints relating to race, color, sex, and national origin in various settings. The provision at issue here bars Florida's educators from promoting or endorsing those distavored ideas when instructing students. Its prohibition applies not only in primary and secondary education, where states traditionally exercise a great deal of control, but also in public colleges and universities, where the state government's role has been far more limited.
When several groups of professors challenged Florida's new restrictions, the State cast about for an existing case or doctrine that could support its speech ban in the university setting. Finding none, it tried to marry public-employee speech cases with government speech doctrine, resulting in a new rule: if the

government pays a professor's salary, it has total control over her classroom speech.
That is not a blessed union. Florida's salary-for-speech rule is a breathtaking assertion of power to ban unpopular ideas from public discourse in the very places the State's own statutes recognize as centers of inquiry-classrooms where students are trusted to puzzle through ideas that are good and bad, easy and hard, ideally getting ever closer to the truth. This new rule also runs headlong into the Supreme Court's repeated, if imprecise, endorsements of academic freedom. If the First Amendment offers any boundary of protection at all for public university classrooms, this statute crosses it.
Nor does this Court's leading academic speech precedent,
Bishop v. Aronov, demand the outcome Florida seeks. 926 F.2d 1066 (11th Cir. 1991). In fact, it counsels the opposite. The restriction in that case was imposed by one university, against one professor, relating to speech about one thing— personal religious views that got in the way of the course's well-understood parameters.

That precedent makes clear that universities and even other government entities have crucial authority to shape curricular content, discipline teachers, and take other steps to guide and govern postsecondary education. But the speech ban Florida's political leaders seek to impose here is different in both nature and degree from these ordinary concerns. The rule Florida developed for this case does not withstand scrutiny.
11 Case: 22-13992
Document: 156-1 Date Filed: 07/07/2026 Page:
22-13992
Opinion of the Court
5
The ideas Florida targets may well be noxious. Or maybe
not.
Either way, in this context the First Amendment trusts students to figure it out for themselves. We affirm the district court's preliminary injunction.

Felicia Caponigri @fashionbyfelicia.bsky.social · 3mo ago

Happy 4th of July weekend! Have you been shopping for your flag swimsuit or for other appropriately patriotic attire for your backyard cookout? Wondering why the American flag can appear on so many fashion options? @cathaysmith.bsky.social and I have you covered!

Cathay Smith @cathaysmith.bsky.social · 3mo ago

What are you wearing for America at 250 tomorrow? Check out my new essay with Prof. Felicia Caponigri @fashionbyfelicia.bsky.social in The Fashion Law @tfl.bsky.social on the American flag in fashion: www.thefashionlaw.com/america-at-2... 🇺🇸 #July4 #AmericaAt250 #fashion #trademark #copyright

America at 250: Who Owns the American Flag in Fashion?

As the United State of American marks its 250th anniversary, the American flag occupies a unique place in fashion.

thefashionlaw.com

Cathay Smith @cathaysmith.bsky.social · 4mo ago

Thrilled to return to fair use in my newest article, Parody of What?, forthcoming in the Georgia State University Law Review! papers.ssrn.com/sol3/papers.... We often hear that a parody must comment on “the original work.” But that narrow definition doesn’t reflect how courts actually decide cases.

Parody of What? Reconceptualizing the Scope of Parody for Copyright Fair Use

Barbie. Barney. The Elf on the shelf. Gone with the Wind. Grease. The Grinch Who Stole Christmas. Walt Disney. Don Henley. WWF wrestlers. Viral music videos. Pr

papers.ssrn.com

Christine Corcos @lpcprof.bsky.social · 4mo ago

Call For Papers, Law and Cultural Production / lawlit.blogspot.com/2026/06/call...

Call For Papers, Law and Cultural Production

From Amy Kellam, IALS, University of London: A month ago, I shared the call for papers for a special section of Amicus Curiae on Law and Cu...

lawlit.blogspot.com

Cathay Smith @cathaysmith.bsky.social · 4mo ago

IP Summer Camp @chicagokentlaw.bsky.social begins tomorrow, June 23, 12 pm CDT on Zoom! I am looking forward to chatting with Prof. Ben Sobel @law.wisc.edu about his new work on #copyright law. If you're interested in derivative works, #fanfiction, character copyright, or #IP, we hope to see 😎 you!

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Cathay Smith @cathaysmith.bsky.social · 4mo ago

I'll be tuning in to today's motion hearing in RRT v. Bawtinheimer (2 pm PT / 4 pm CT). The case involves an alleged #cult suing a former member for #copyright infringement. To learn about the case, check out this post: blog.ericgoldman.org/archives/202...

A Religious Organization is Suing its Critics, and the Weapon of Choice is Copyright—RRT v. Cheryl Bawtinheimer (Guest Blog Post) - Technology & Marketing Law Blog

By guest blogger Cathay Y. N. Smith, Professor of Law at Chicago-Kent College of Law Rapid Relief Team (RRT), the charitable arm of the Plymouth Brethren Christian Church (PBCC), has filed a copyright...

blog.ericgoldman.org

Jordi Goodman @jordigoodman.bsky.social · 4mo ago

It's always bittersweet when the conference ends. I loved hosting JIPSA at @chicagokentlaw.bsky.social and couldn't do it without our incredible colleagues and staff. Thanks again to @design-law.bsky.social, @cathaysmith.bsky.social, @graemedinwoodie.bsky.social, and Greg Reilly for your support!

Jordi Goodman @jordigoodman.bsky.social · 4mo ago

I am so excited for IP Summer Camp! Sign ups are opened!

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