Tag Archives: reading list

Reading list: Lanham Act standing after Lexmark

Posted on December 17, 2015 by rtushnet

Virginia E. Scholtes, The Lexmark Test for False Advertising Standing: When Two Prongs Don’t Make a Right, 30 Berkeley Tech. L.J. 1023 (2015): Part I of this Note tracks the development of standing under § 43(a) of the Lanham Act … Continue reading →

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Reading list: empirically testing tarnishment of movies

Posted on December 9, 2015 by rtushnet

Christopher Buccafusco, Paul J. Heald, & Wen Bu, Testing Tarnishment in Trademark and Copyright Law: The Effect of Pornographic Versions of Protected Marks and Works:   This Article [reports] the results of two novel experiments designed to test the effects … Continue reading →

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Reading list: commercializing fanworks in the US and Japan

Posted on December 3, 2015 by rtushnet

Nele Noppe, Mechanisms of control in online fanwork sales: A comparison of Kindle Worlds and Dlsite.com, 12 Participations 218, 231 (2015) (citations and footnote omitted):   This research also suggests that while the establishment of Kindle Worlds may have been … Continue reading →

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In which I read the proceedings of the 2009 Fordham IP conference

Posted on November 3, 2015 by rtushnet

Intellectual Property Law &; Policy, Vol. 12, ed. Hugh Hansen: Proceedings from a 2009 conference by a high-protectionist, with occasional interventions from people who don’t believe that more IP is always better. Confirms my belief that it’s a bad idea … Continue reading →

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New paper on deceptive advertising from Seana Shiffrin

Posted on September 23, 2015 by rtushnet

Seana Shiffrin, Deceptive Advertising and Taking Responsibility for Others, Oxford Handbook of Food Ethics, ed. Tyler Doggett, Anne Barnhill and Mark Budolfson, Forthcoming: This paper considers how the law of deceptive advertising embeds within it an extended form of responsibility, … Continue reading →

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Reading list: Kate Crawford and Tarleton Gillespie

Posted on August 14, 2015 by rtushnet

Rebecca Tushnet, What is a Theorist For? The Recruitment of Users into Online Governance, JOTWELL (August 14, 2015) (reviewing Kate Crawford & Tarleton Gillespie, What is a flag for? Social media reporting tools and the vocabulary of complaint, New Media … Continue reading →

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Reading list: Christine Jolls on visual disclosures

Posted on July 7, 2015 by rtushnet

Christine Jolls, Debiasing Through Law and the First Amendment, 67 Stan. L. Rev. 1411 (2015): Law often compels the disclosure of information in particular—and, increasingly today, in visual—forms. Some judges conclude that such modern disclosure requirements break with the First … Continue reading →

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Reading list: advertising atypical results

Posted on June 22, 2015 by rtushnet

Ahmed E. Taha, Selling the Outlier, forthcoming in the Journal of Corporation Law. Via Public Citizen.   Advertisements for products ranging from weight-loss programs to mutual funds regularly feature the results of people who have used the product.  However, these … Continue reading →

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Ron Coleman reviews Keller & Cunard copyright treatise

Posted on June 10, 2015 by rtushnet

In his inimitable style.  Obligatory disclosure: I worked at Debevoise with Bruce Keller and Jeff Cunard lo these many moons ago, which I guess makes me a demon-affiliate.  To the best of my recollection, I did not work on any … Continue reading →

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Reading list: James Grimmelmann on Lauren Willis

Posted on May 15, 2015 by rtushnet

Two great tastes that taste great together: The always-entertaining James Grimmelmann on the always-enlightening Lauren Willis: Two decades ago, contract law ran headlong into online terms of service, looked around briefly in confusion, and announced that it needed to go … Continue reading →

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