Author Archives: rtushnet

World Without Privacy 4

Posted on January 17, 2014 by rtushnet

Session IV: Enough About Me: Why Privacy is About Power, Not Consent or Harm Lisa M. Austin, Associate Professor, University of Toronto Faculty of Law Consent is often seen as the heart and soul of models of privacy protection. These … Continue reading →

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World Without Privacy 3

Posted on January 17, 2014 by rtushnet

Session III: Four Privacy Myths Neil Richards, Professor of Law, Washington University (1)   Privacy is dead. 1970: Newsweek cover story: Is privacy dead?  People have been declaring privacy dead for a while.  Privacy law is booming, as is debate on … Continue reading →

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OTW participates in Copyright Week

Posted on January 17, 2014 by rtushnet

Here we are talking about fair use! http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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A world without privacy 2

Posted on January 17, 2014 by rtushnet

Rebecca Tushnet, The Yes Men and the Women Men Don’t See I begin with a claim that is likely to be demoralizing, but also reveals some interesting features of privacy: In practice, Americans and many other Westerners care more about … Continue reading →

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A World Without Privacy?

Posted on January 17, 2014 by rtushnet

A World Without Privacy? What Can/Should Law Do? University of Alabama School of Law Dr. Austin Sarat Justice Hugo L. Black Visiting Senior Faculty Scholar, The University of Alabama School of Law and William Nelson Cromwell Professor of Jurisprudence and … Continue reading →

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Transformative work of the day

Posted on January 15, 2014 by rtushnet

An Evening with William Shatner Asterisk.  H/T FC. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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"stable," "traditional" and "family-based" are puffing descriptions of housing development

Posted on January 15, 2014 by rtushnet

Kelly v. Beazer Homes USA, Inc., — Fed.Appx. —-, 2014 WL 107961 (9th Cir. Jan. 13, 2014) Plaintiffs bought homes from defendants; the court of appeals affirmed the dismissal of their various fraudulent concealment etc. claims based on the condition … Continue reading →

Posted in california, consumer protection | Leave a comment

economic loss doctrine doesn’t appply to consumer protection claims

Posted on January 15, 2014 by rtushnet

Hackel v. National Feeds, Inc., 2014 WL 108552, No. 12–cv–642 (W.D. Wis. Jan. 10, 2014) Just a quick reminder: the economic loss doctrine is a limit on traditional common law torts, not on statutory consumer protection claims, much as defendants … Continue reading →

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court rules that Pom Wonderful precludes claims that supplement is unsafe etc.

Posted on January 15, 2014 by rtushnet

ThermoLife Intern., LLC v. Gaspari Nutrition, Inc., No. CV–11–01056, 2014 WL 99017 (D. Ariz. Jan. 10, 2014) This dispute has been around for a while. The court’s introduction gives you a sense of the case: “The briefs and statements of … Continue reading →

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trademark licensing and apparent agency

Posted on January 14, 2014 by rtushnet

Pullman v. Alpha Media Publishing, Inc., No. 12–CV–1924, 2013 WL 1290409 (S.D.N.Y. Jan. 11, 2013) (magistrate judge) Another old one coughed up by Westlaw.  Interesting to me because of Maxim’s litigation based on its desire to license its brand in … Continue reading →

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