Category Archives: reading list

Reading list: Kate Crawford and Tarleton Gillespie

Rebecca Tushnet, What is a Theorist For? The Recruitment of Users into Online Governance, JOTWELL (August 14, 2015) (reviewing Kate Crawford & Tarleton Gillespie, What is a flag for? Social media reporting tools and the vocabulary of complaint, New Media … Continue reading

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Reading list: measuring sponsorship materiality

Reading list: Matthew B. Kugler, Measuring Sponsorship Materiality.  Abstract:   The problem of sponsorship confusion is one of the most vexing in trademark law. Mark owners often claim that the use of their marks in movies or on merchandise will … Continue reading

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Reading list: Christine Jolls on visual disclosures

Christine Jolls, Debiasing Through Law and the First Amendment, 67 Stan. L. Rev. 1411 (2015): Law often compels the disclosure of information in particular—and, increasingly today, in visual—forms. Some judges conclude that such modern disclosure requirements break with the First … Continue reading

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Reading list: advertising atypical results

Ahmed E. Taha, Selling the Outlier, forthcoming in the Journal of Corporation Law. Via Public Citizen.   Advertisements for products ranging from weight-loss programs to mutual funds regularly feature the results of people who have used the product.  However, these … Continue reading

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Ron Coleman reviews Keller & Cunard copyright treatise

In his inimitable style.  Obligatory disclosure: I worked at Debevoise with Bruce Keller and Jeff Cunard lo these many moons ago, which I guess makes me a demon-affiliate.  To the best of my recollection, I did not work on any … Continue reading

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Reading list: James Grimmelmann on Lauren Willis

Two great tastes that taste great together: The always-entertaining James Grimmelmann on the always-enlightening Lauren Willis: Two decades ago, contract law ran headlong into online terms of service, looked around briefly in confusion, and announced that it needed to go … Continue reading

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Reading list: entertainment franchises and Drassinower

Law and Creativity in the Age of the Entertainment Franchise, ed. Kathy Bowrey & Michael Handler: A collection of essays on the general theme, some much more specific than others. The editors suggest that the things that the “entertainment industry”values … Continue reading

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Reading list: class ascertainability & preemption of state sound recording public perf. rights

Geoffrey C. Shaw, Class Ascertainability, forthcoming, Yale Law J. (2015) Abstract:   In recent years, federal courts have been enforcing an “implicit” requirement for class certification, in addition to the explicit requirements established in Rule 23 of the Federal Rules … Continue reading

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Reading list: descriptive and suggestive TMs

Jake Linford, The False Dichotomy Between Suggestive and Descriptive Trademarks. Abstract: Classifying a trademark as descriptive rather than suggestive fundamentally alters the scope of trademark protection. A descriptive mark, derived from a feature of the product or service sold, only … Continue reading

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Reading list: Campbell at 21/Sony at 31

Jessica Litman, Campbell at 21/Sony at 31. As you’d expect, insightful and a pleasure to read. Extracts:   When copyright lawyers gather to discuss fair use these days, the most common refrain is its alarming expansion. This distress about fair … Continue reading

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