Category Archives: my writings

Kindle Worlds and fans

Jeff John Roberts has a piece up at Gigaom about the article I presented at IPSC, with the news hook being Kindle Worlds versus traditional noncommercial fan fiction.  The title calls Kindle Worlds a “bust” for fans; I don’t think … Continue reading


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Sneak peek at the new edition of Advertising & Marketing Law: Cases and Materials

Eric Goldman has put the Right of Publicity chapter from the new edition of our casebook up at SSRN.  More to come soon!

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New article: More than a Feeling: Emotion and the First Amendment

127 Harv. L. Rev. (forthcoming 2014). Abstract: First Amendment law has generally been leery of government attempts to change the marketplace of emotions—except when it has not been. Scientific evidence indicates that emotion and rationality are not opposed, as the … Continue reading

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How Many Wrongs Make a Copyright?

This has tangential relevance to the Innocence of Muslims case (of which more soon).  I’ve written more directly about that case at the district court level, but this forthcoming publication deals with the idea of providing more protection to victims of … Continue reading

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Harvard Law Review Symposium on Freedom of the Press

Copied from Balkinization.Harvard Law Review Symposium 2014: Freedom of the PressA conference in celebration of the 50th anniversary ofNew York Times Co. v. Sullivan, 376 U.S. 254 (1964).February 15, 2014Harvard Law SchoolAustin North8:45 Breakfast9:20 Introduction:Mark TushnetHarvard Law School“Reflections on the … Continue reading

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New piece: Henry Jenkins and fair use

I wrote a short piece for a festschrift on Henry Jenkins’ Textual Poachers.  I think it might have my best title since Rules of Engagement.  “I’m a Lawyer, Not an Ethnographer, Jim”: Textual Poachers and Fair Use.

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