Instructors
Rebecca Tushnet
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Copyright
January 19, 2023
Prerequisites: None Exam Type: Any Day Take-home This course examines the law of copyright and its role within the overall framework of intellectual…
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Advertising Law
January 18, 2023
Prerequisite: None Exam Type: Any Day Take-Home This course covers legal regulation of advertising in the United States, with some comparison to other countries. Private…
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Copyright
January 18, 2023
Prerequisites: None Exam Type: Any Day Take-home This course examines the law of copyright and its role within the overall framework of intellectual…
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Trademark and Unfair Competition
January 18, 2023
Prerequisite: None Exam Type: Any Day Take-Home This course will introduce students to the federal Lanham Act and related common law doctrines designed to protect…
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Writing Group: Intellectual Property and Content Moderation
January 18, 2023
Students enrolling in Fall-Spring groups are required to submit a signed Writing Group Registration Form to the Registrar’s Office by October 14, 2022.…
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Trademark and Unfair Competition
January 18, 2023
Prerequisite: None Exam Type: Please refer to the Spring 2021 Exam Schedule This course will introduce students to the federal Lanham Act and related…
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Advertising Law
January 18, 2023
Prerequisite: None Exam Type: Please refer to the Spring 2021 Exam Schedule This course covers legal regulation of advertising in the United States, with…
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Writing Group: Intellectual Property
January 18, 2023
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Copyright
January 18, 2023
Prerequisites: None Exam Type: Please refer to the Fall 2020 Tentative Exam Schedule This course examines the law of copyright and its…
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Writing Group: Intellectual Property and Social Media Regulation
January 18, 2023
Students enrolling in Fall-Spring groups are required to submit a signed Writing Group Registration Form to the Registrar’s Office by September 17, 2021.…
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Trademark and Unfair Competition
January 18, 2023
Prerequisite: None Exam Type: Any Day Take-Home This course will introduce students to the federal Lanham Act and related common law doctrines designed to protect…
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Remix Nation
January 10, 2023
Rebecca Tushnet, Remix Nation, 54 Comm. ACM, Sept. 2011, at 22.
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Rebecca Tushnet, I’m a Lawyer, Not an Ethnographer, Jim: Textual Poachers and Fair Use, 2 J. Fandom Stud. 21 (2014).
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Competition, Two Concurrent Sessions & Trademark Law
November 23, 2022
Matthew D. Asbell, Marshall Leaffer, Jennifer Simmons et al., Twenty-Ninth Annual Conference International Intellectual Property Law & Policy – Session 7: Competition, Two Concurrent Sessions…
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Trademark Law – Is the Likelihood of Confusion Test Getting out of Hand?
November 15, 2022
Daniel R. Bereskin, Irene Calboli, Jeffery A. Handelman et al., Twenty-Ninth Annual Conference International Intellectual Property Law & Policy Panel: Trademark Law – Is the…
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Brief of Amici Curiae Intellectual Property Scholars in Support of Defendants-Appellees
October 19, 2022
Rebecca Tushnet & Laura Heymann, Brief of Amici Curiae Intellectual Property Scholars in Support of Defendants-Appellees, Capitol Records, LLC. v. Vimeo, Inc., 21-2949(L) (2d Cir.
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SEC’s Climate Rule Is Compatible With The 1st Amendment
October 19, 2022
Rebecca Tushnet, Ellen Goodman & Samara Spence, SEC’s Climate Rule Is Compatible With The 1st Amendment, Law360 (July 28, 2022).
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Rebecca Tushnet, Self-Regulation Through Sui-Genericide: When the Law Stands in the Way, 106 Iowa L. Rev. Online 164 (2021).
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Reforming Trademark Registration
October 19, 2022
Rebecca Tushnet, Reforming Trademark Registration, in Research Handbook on Trademark Law Reform 77 (Graeme B. Dinwoodie & Mark D. Janis eds., 2021).
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Supreme Court Amicus Brief of Law Professors in Support of Petitioner, Lee v. Tam, No. 15-1293 (Filed Nov. 16, 2016)
October 19, 2022
Christine Haight Farley & Rebecca Tushnet, Supreme Court Amicus Brief of Law Professors in Support of Petitioner, Lee v. Tam, 37 S. Ct. 30 (2016)…
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Every Action’s an Act of Creation: Hamilton and Copyright Law
October 19, 2022
Rebecca Tushnet, Every Action’s an Act of Creation: Hamilton and Copyright Law, in Hamilton and the Law: Reading Today’s Most Contentious Legal Issues Through the…
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Not Waving but Drowning: Saving the Audience from the Floods
October 19, 2022
Rebecca Tushnet, Not Waving but Drowning: Saving the Audience from the Floods, in The Perilous Public Square: Structural Threats to Free Expression Today 48 (David…
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Case Studies in Housing and Political Advertising Regulation
October 19, 2022
Rebecca Tushnet & Eric Goldman, Case Studies in Housing and Political Advertising Regulation, in 19 Advertising & Marketing Law: Cases & Materials (5th ed. 2020).
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Featuring People in Ads
October 19, 2022
Rebecca Tushnet & Eric Goldman, Featuring People in Ads, in 14 Advertising & Marketing Law: Cases & Materials (5th ed. 2020).
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An Antitrust Framework for False Advertising
October 19, 2022
Michael A. Carrier & Rebecca Tushnet, An Antitrust Framework for False Advertising, 106 Iowa L. Rev. 1841 (2021).
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First Amendment Today: Not Obsolete, But…
October 19, 2022
Rebecca Tushnet, First Amendment Today: Not Obsolete, But…, 19 Insights on L. & Soc’y, Winter 2019, at 2.
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Rebecca Tushnet & Mark P. McKenna, Brief of Trademark Scholars As Amici Curiae in Support of Neither Party, United States Patent and Trademark Office v.
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Rebecca Tushnet, Brief of Copyright Scholars as Amici Curiae in Support of the Petitioner, Google LLC v. Oracle America, Inc., 18-956 (U.S., Jan. 10, 2020).
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Shoveling a Path After Star Athletica
October 19, 2022
Rebecca Tushnet, Shoveling a Path After Star Athletica, 66 UCLA L. Rev. 1216 (2019).
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Content Moderation in an Age of Extremes
October 19, 2022
Rebecca Tushnet, Content Moderation in an Age of Extremes, 10 Case W. Res. J.L. Tech. & Internet 1 (2019).
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Rebecca Tushnet, The Constant Trash Collector: Platforms and the Paradoxes of Content Moderation, Jotwell, July 25, 2019 (reviewing Tarleton Gillespie, Custodians of the Internet: Platforms,…
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Open Source Property
October 19, 2022
Jeremy Sheff, Stephen Clowney, James Grimmelmann, Michael Grynberg & Rebecca Tushnet, 1, 2 Open Source Property (2019 ed.).
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Advertising & Marketing Law Cases & Materials, 4th ed., vol. 2
October 19, 2022
Eric Goldman & Rebecca Tushnet, 2 Advertising & Marketing Law Cases & Materials(4th ed. 2019).
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Advertising & Marketing Law Cases & Materials, 4th ed., vol. 1
October 19, 2022
Eric Goldman & Rebecca Tushnet, 1 Advertising & Marketing Law Cases & Materials (4th ed. 2018).
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Featuring People in Ads
October 19, 2022
Eric Goldman & Rebecca Tushnet, Featuring People in Ads, in Advertising & Marketing Law: Cases and Materials (4th ed., Kindle Direct Publ’g 2019).
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Case Studies in Atypical Advertising Regulation
October 19, 2022
Rebecca Tushnet & Eric Goldman, Case Studies in Atypical Advertising Regulation, in Advertising & Marketing Law: Cases and Materials (4th ed., Kindle Direct Publ’g 2018).
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Intellectual Property as a Public Interest Mechanism
October 19, 2022
Rebecca Tushnet, Intellectual Property as a Public Interest Mechanism, in The Oxford Handbook of Intellectual Property Law (Rochelle Dreyfuss & Justine Pila eds., 2018).
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The Difference Engine: Perpetuating Poverty through Algorithms
October 19, 2022
Rebecca Tushnet, The Difference Engine: Perpetuating Poverty through Algorithms, JOTWELL (July 18, 2018) (reviewing Virginia Eubanks, Automating Inequality: How High-Tech Tools Profile, Police, and Punish…
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Mix and Match: Transformative Purpose in the Classroom
October 19, 2022
Rebecca Tushnet, Mix and Match: Transformative Purpose in the Classroom, in The Routledge Companion to Media Education, Copyright, and Fair Use 32 (Renee Hobbs ed.,…
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From Status Update to Social Media Contract
October 19, 2022
Rebecca Tushnet, From Status Update to Social Media Contract, JOTWELL (Nov. 29, 2017)(reviewing Kate Klonick, The New Governors: The People, Rules, and Processes Governing Online…
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Fixing Incontestability: The Next Frontier?
October 19, 2022
Rebecca Tushnet, Fixing Incontestability: The Next Frontier?, 23 B.U. J. Sci. & Tech. L. 434 (2017).
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Scary Monsters: Hybrids, Mashups, and Other Illegitimate Children
October 19, 2022
Rebecca Tushnet, Scary Monsters: Hybrids, Mashups, and Other Illegitimate Children, 85 Notre Dame L. Rev. 2133 (2011).
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Rebecca Tushnet, Raising Walls Against Overlapping Rights: Preemption and the Right of Publicity, 92 Notre Dame L. Rev. 1539 (2017).
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Book Review: Making and Unmaking Intellectual Property: Creative Production in Legal and Cultural Perspective
October 19, 2022
Rebecca Tushnet, Book Review: Making and Unmaking Intellectual Property: Creative Production in Legal and Cultural Perspective (Mario Baigioli, Peter Jaszi & Martha Woodmansee eds., 2011),…
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Copyright Law, Fan Practices, and the Rights of the Author
October 19, 2022
Rebecca Tushnet, Copyright Law, Fan Practices, and the Rights of the Author, in Fandom: Identities and Communities in a Mediated World 77 (Jonathan Gray, Cornel…
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Why the Customer Isn’t Always Right: Producer-Based Limits on Rights Accretion in Trademark
October 19, 2022
Rebecca Tushnet, Why the Customer Isn’t Always Right: Producer-Based Limits on Rights Accretion in Trademark, 116 Yale L.J. Pocket Part 352 (2007).
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Unfair Competition and Uncommon Sense
October 19, 2022
Rebecca Tushnet, Unfair Competition and Uncommon Sense, 95 Iowa L. Rev. Bull. 17 (2009)(A comment on Mark P. McKenna, Testing Modern Trademark Law’s Theory of…