Category Archives: reading list

Reading list: Kate Crawford and Tarleton Gillespie

Posted on August 14, 2015 by rtushnet

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

Posted on August 11, 2015 by rtushnet

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

Posted on July 7, 2015 by rtushnet

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

Posted on June 22, 2015 by rtushnet

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

Posted on June 10, 2015 by rtushnet

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

Posted on May 15, 2015 by rtushnet

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

Posted on May 11, 2015 by rtushnet

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

Posted on April 21, 2015 by rtushnet

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

Posted on March 31, 2015 by rtushnet

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

Posted on March 26, 2015 by rtushnet

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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