Tag Archives: reading list

Reading list: Discrimination is Unfair: Interpreting UDA(A)P to Prohibit Discrimination

Posted on June 4, 2021 by rtushnet

Stephen Hayes & Kali Schellenberg, Discrimination is “Unfair”: Interpreting UDA(A)P to Prohibit Discrimination https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3832022 This Article explores a theory that discrimination is a type of “unfair” practice covered by federal and state laws prohibiting unfair, deceptive (and sometimes abusive) acts … Continue reading →

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Reading list: The Kids Don’t Stand a Chance: Unfair and Deceptive Advertising in Children’s Apps

Posted on May 24, 2021 by rtushnet

 Mary Kate Fernandez,  The Kids Don’t Stand a Chance: Unfair and Deceptive Advertising in Children’s Apps, 66 Loy. L. Rev. 211 (2020) Intro:  The University of Michigan released a startling study (“the Michigan Study”) in October 2018 which unveiled that “manipulative and … Continue reading →

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Reading list: race and GIs

Posted on May 3, 2021 by rtushnet

Reading list: Mathilde Cohen, The Whiteness of French Food: Law, Race, and Eating Culture in France (forthcoming in French Politics, Culture, and Society, 2021) English Abstract: Food is fundamental to French identity. So too is the denial of structural racism … Continue reading →

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Reading list: native ad disclosures that work?

Posted on April 8, 2021 by rtushnet

Eyal Peer & Dalia Shilian, Improving Consumers’ Ability To Detect Native AdvertisingUsing Identified Disclosure: Native advertising of online content, such as articles embedded within news websites, is a covert attempt by marketers to affect consumer attitudes and behavior. Because such marketing can … Continue reading →

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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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