Tag Archives: reading list

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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Reading list: Shakespeare’s literary disputes

Posted on May 18, 2017 by rtushnet

Bonus points for beginning with a great Hamlet quote (the best use of which I ever saw was a production that arranged the scenes so that when Hamlet disparages what he’s reading as “words, words, words” he is reading his … Continue reading →

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Reading list: empirical evidence about FTC’s substantiation standard

Posted on April 24, 2017 by rtushnet

Sungho Cho &Yongjae Kim, Empirical Rationalization of Prior Substantiation Doctrine: Federal Trade Commission v. Reebok & Sketchers, 29 Loy. Consumer L. Rev. 55 (2016) (not apparently available online—update that website, Loyola Consumer Law Review!) ABSTRACT Companies frequently make efficacy claims … Continue reading →

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Reading list: Placebo effects of marketing

Posted on March 31, 2017 by rtushnet

Yann Cornil et al., Does Red Bull Give Wings to Vodka? Placebo Effects of Marketing Labels on Perceived Intoxication and Risky Attitudes and Behaviors Forthcoming, Journal of Consumer Psychology Abstract: Why sexual assaults and car accidents are associated with the … Continue reading →

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