Tag Archives: reading list

Reading List: Greg Klass on false advertising law as private law

Posted on May 5, 2020 by rtushnet

Gregory Klass, FalseAdvertising Law and New Private Law, Forthcoming as: False Advertising Law, in Oxford Handbook of New Private Law (Andrew Gold et al. eds., Oxford Univ. Pr.)  One might reasonably wonder why a chapter on false advertising law appears … Continue reading →

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Reading list: disclosures as compelled commercial speech

Posted on January 10, 2020 by rtushnet

Reading list: Aaron Stenz, Note: The Controversial Demise of Zauderer: Revitalizing Zauderer Post-NIFLA, 104 Minn. L. Rev. 553 (2019). The First Amendment broadly stands for the idea that government attempts to curtail the right of the American people to both … Continue reading →

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Reading list: Cheating Pays

Posted on September 13, 2019 by rtushnet

Emily Kadens, Cheating Pays, 119 Columbia Law Review 527 (2019) Common private-ordering theories predict that merchants have an incentive to act honestly because if they do not, they will get a bad reputation and their future businesses will suffer. In … Continue reading →

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Patent grants and gender bias

Posted on May 8, 2019 by rtushnet

Spotted via Colleen Chien, on patents and gender bias: The researchers found that women inventors with common names had an 8.2% lower chance of getting their patents approved. But the difference in probability of approval fell to 2.8% for those … Continue reading →

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Amicus Brief of Scholars of Corpus Linguistics in Rimini Street v. Oracle

Posted on December 22, 2018 by rtushnet

Just found this use of linguistics super interesting. Abstract: The question presented in Rimini Street v. Oracle is whether the Copyright Act’s allowance of “full costs” is limited to the categories and amounts of costs enumerated in 28 U.S.C. 1920 … Continue reading →

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Reading list: copyright and AI

Posted on August 27, 2018 by rtushnet

Jane C. Ginsburg and Luke Ali Budiardjo, Authors and Machines: Machines, by providing the means of mass production of works of authorship, engendered copyright law. Throughout history, the emergence of new technologies tested the concept of authorship, and courts in … Continue reading →

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Reading list: influencing juries in litigation hot spots

Posted on April 5, 2018 by rtushnet

Megan M. La Belle, Influencing Juries in Litigation “Hot Spots”: The article argues that litigants and attorneys sometimes use advertising to improperly sway the jury pool, sometimes by making factual claims but sometimes by using image advertising to create favorable … Continue reading →

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reading list: parody takedowns on Google

Posted on March 29, 2018 by rtushnet

Erickson, K. & Kretschmer, M. (2018) ‘This Video is Unavailable’: Analyzing Copyright Takedown of User-Generated Content on YouTube. Journal of Intellectual Property, Information Technology and ECommerce Law (JIPITEC), 9(1). From the abstract: This research investigates factors that motivate takedown of … Continue reading →

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Reading list: further on global mandatory fair use

Posted on February 27, 2018 by rtushnet

Tanya Aplin & Lionel A. F. Bently, Displacing the Dominance of the Three-Step Test: The Role of Global, Mandatory Fair Use, Forthcoming in Wee Loon Ng, Haochen Sun, and Shyam Balganesh (eds) Comparative Aspects of Limitations and Exceptions in Copyright … Continue reading →

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Reading list: global fair use

Posted on February 23, 2018 by rtushnet

Lionel Bently and Tanya Aplin, Whatever Became of Global, Mandatory, Fair Use? A Case Study in Dysfunctional Pluralism The international copyright system requires all participants to recognise a freedom for fair quotation that covers much of the ground encompassed by … Continue reading →

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