Tag Archives: reading list

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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Reading list: measuring the impact of user rights

Posted on December 15, 2017 by rtushnet

Sean M. Flynn & Mike Palmedo, The User Rights Database: Measuring the Impact of Copyright Balance Abstract International and domestic copyright law reform around the world is increasingly focused on how copyright user rights should be expanded to promote maximum … Continue reading →

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Reading list: scientific claims and anti-fraud laws

Posted on October 18, 2017 by rtushnet

Shannon Roesler, Evaluating Corporate Speech About Science (forthcoming, Geo. L.J. 2018) Pull quote: “[C]onsumer protection laws should encourage accurate representations of contemporaneous scientific knowledge, rather than lucky guesses about the state of scientific knowledge in the future.”  Amen. Abstract: How … Continue reading →

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Reading list: consequences of 1A protections for off-label promotion

Posted on September 18, 2017 by rtushnet

Patricia J. Zettler, The Indirect Consequences of Expanded Off-Label Promotion, Ohio State Law Journal, Forthcoming  The U.S. Food and Drug Administration’s (FDA) policies have been a battleground for litigation about First Amendment protections for commercial speech. In the last five … Continue reading →

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reading list: Willis on remedies for consumer fraud

Posted on August 21, 2017 by rtushnet

Lauren E. Willis, Performance-Based Remedies: Ordering Firms to Eradicate Their Own Fraud, 80 Law and Contemporary Problems 7-41 (2017) Abstract In resolving cases of unfair, abusive, and deceptive acts and practices, consumer protection enforcement agencies often prospectively dictate—in great detail—the … Continue reading →

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Reading list: worthwhile terms of service?

Posted on August 3, 2017 by rtushnet

David A. Hoffman, Relational Contracts of Adhesion Abstract: Not all digital fine print exculpates liability: some exhorts users to perform before the consumer relationship has soured. We promise to choose strong passwords (and hold them private); to behave civilly on … Continue reading →

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Long review: of land (and other) registration

Posted on June 14, 2017 by rtushnet

Benito Arruñada, Institutional Foundations of Impersonal Exchange: Theory and Policy of Contractual Registries: This book’s only significant weakness is the extremely dry and abstract way in which it’s written; theoretically it is extremely helpful in explaining the special functions of … Continue reading →

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