Tag Archives: reading list

Reading list: Trademarks in an Algorithmic World

Posted on January 18, 2024 by rtushnet

 “Consumers used to watch ads; now, ads watch them.” So says Christine Haight Farley in her intriguing new article. Christine Haight Farley, Trademarks in an Algorithmic World, 98 Wash. L. Rev. 1123 (2023).  Abstract:  According to the sole normative foundation … Continue reading →

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New Jot on Article 17

Posted on October 23, 2023 by rtushnet

 I review an interesting article here. from Blogger http://tushnet.blogspot.com/2023/10/new-jot-on-article-17.html

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New engagement ring opinion from Mass. appeals court

Posted on September 14, 2023 by rtushnet

Read it here. Many years ago, I wrote a note about these disputes seeking return of engagement rings after a broken engagement, which is cited in the dissent–which also reads as an invitation to the Massachusetts Supreme Judicial Court to revisit … Continue reading →

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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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