Author Archives: rtushnet

From the archives: knitalikes

Found going through old knitting magazines, a version of the “splurge or steal?” fashion spread for knitters: “Which One Is the Calvin?” Text: If you love the high style of designer originals but hate the high costs, this is the … Continue reading

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Honey Badger Don’t Care (4th of July edition)

 Seen on the street: from Blogger https://ift.tt/3AubySG

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An Antitrust Framework for False Advertising, out now

Michael A. Carrier & Rebecca Tushnet, An Antitrust Framework for False Advertising, 106 Iowa L. Rev. 1841 (2021) From the introduction:   Federal law presumes that false advertising harms competition. Federal law also presumes that false advertising is harmless or even … Continue reading

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Reading list: Discrimination is Unfair: Interpreting UDA(A)P to Prohibit Discrimination

Stephen Hayes & Kali Schellenberg, Discrimination is “Unfair”: Interpreting UDA(A)P to Prohibit Discrimination https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3832022 This Article explores a theory that discrimination is a type of “unfair” practice covered by federal and state laws prohibiting unfair, deceptive (and sometimes abusive) acts … Continue reading

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Reading list: The Kids Don’t Stand a Chance: Unfair and Deceptive Advertising in Children’s Apps

 Mary Kate Fernandez,  The Kids Don’t Stand a Chance: Unfair and Deceptive Advertising in Children’s Apps, 66 Loy. L. Rev. 211 (2020) Intro:  The University of Michigan released a startling study (“the Michigan Study”) in October 2018 which unveiled that “manipulative and … Continue reading

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Misinformation, Disinformation, and Media Literacy in a Less-Centralized Social Media Universe

Knight First Amendment Institute, Reimagine the Internet  Great panel today; more to come the rest of the week and they will shortly post the video.  Francesca Tripodi (UNC) shared her amazing research about how conservatives use textual interpretation techniques to … Continue reading

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Today’s IP artifact: Cuervo bottle with dripping red wax seal

 This decision remains one of my least favorite, but perhaps I will nonetheless get a bottle of Maker’s Mark to pose beside it. from Blogger https://ift.tt/3tl2HxE

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Tootsie Pups

 Acquired from a seller before the inevitable shutoff. The rare occasion where I see the harm story, since Tootsie Pops theoretically contain chocolate, which one would not want to give a dog. from Blogger https://ift.tt/3eSDSnO

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Does Gordon v. Drape really mean what it says about explicit misleadingness?

Testing Gordon v. Drape with the paintings of Tom Sachs, some of which reproduce famous product labels in their entirety (or nearly so). The introduction to the coffee table book I just bought says, From Reese’s Peanut Butter Cups and … Continue reading

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Reading list: race and GIs

Reading list: Mathilde Cohen, The Whiteness of French Food: Law, Race, and Eating Culture in France (forthcoming in French Politics, Culture, and Society, 2021) English Abstract: Food is fundamental to French identity. So too is the denial of structural racism … Continue reading

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