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Rebecca Tushnet
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Did Burger King tell a whopper? Why false advertising suits are on the rise
September 21, 2023
Burger King is facing a class-action lawsuit that alleges the fast-food chain falsely advertised the size of its Whopper burger. Taco Bell, McDonald’s and Wendy’s…
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Why This Award-Winning Piece of AI Art Can’t Be Copyrighted
September 7, 2023
An award-wining piece of AI art cannot be copyrighted, the US Copyright Office has ruled. The artwork, Théâtre D’opéra Spatial, was created by Matthew Allen…
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Multi-level marketing companies sometimes face allegations of operating as pyramid schemes, in part because of how they’re structured. In both illegal pyramid schemes and legal…
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How right-wing news powers the ‘gold IRA’ industry
July 25, 2023
Dedicated viewers of Fox News are likely familiar with Lear Capital, a Los Angeles company that sells gold and silver coins. In recent years, the…
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Advertisements for gold and solver coins have become a mainstay on right-wing media outlets like Fox News and Newsmax, usually warning viewers about some sort…
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How to think about AI
June 27, 2023
Machine-generated output is raising a host of legal and ethical questions around authorship, fair use, copyright, and more.
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The U.S. Supreme Court’s long-awaited ruling in a case about Andy Warhol’s art may have raised as many questions as it answered about the controversial…
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Andy Warhol’s estate lost its U.S. Supreme Court copyright fight with celebrity photographer Lynn Goldsmith on Thursday as the justices faulted the famed pop artist’s…
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Butter spray and “spreadable fruit” are just a few of the consumer food products targeted in false advertising class actions amid an apparent spike in…
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Professor Rebecca Tushnet says that Disney’s claims of retaliation are strong and that, if the company prevails in the lower courts, the Supreme Court might choose to have the final word.
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How Disney’s Lawsuit Against Ron DeSantis Stacks Up
April 28, 2023
Disney has a “strong case” against Florida Governor Ron DeSantis, First Amendment experts told Newsweek, as it alleges that the Republican politician has improperly retaliated…
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Disney has a ‘strong case’ against DeSantis over his ‘retaliatory campaign,’ First Amendment experts say
April 27, 2023
Disney just cast Ron DeSantis as the villain in a story of good versus evil. After more than a year-long battle with the bombastic Florida…
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What’s More Provocative Than Sincerity?
March 31, 2023
Over his 15-year career, the artist and creative director Ryder Ripps has built websites for the likes of Kanye West, who is now known as…
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Making the invisible curriculum visible
March 22, 2023
At the “Teaching First-Generation Law Students” event, professors shared insights and recommendations for making law teaching more inclusive.
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Dominion wants to put Rupert Murdoch and his son Lachlan Murdoch on the witness stand at next month’s expected defamation trial against Fox News, according…
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The Supreme Court’s oral arguments Wednesday will focus on a shot of potty humor from a dog toy company, and whether the well-known distillery it…
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Is Fox News Really Doomed? It certainly appears like they will lose a major lawsuit over election lies.
March 16, 2023
Shortly after Donald Trump lost the presidential election, two of his lawyers, Rudy Giuliani and Sidney Powell, convened a deranged press conference proclaiming that Trump…
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Harvard Law’s Rebecca Tushnet, a First Amendment and intellectual property expert, explains an amusing — and potentially consequential — trademark case before the Supreme Court.