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11 Jul 2022, 11:37 am by Eugene Volokh
Amy Adler, Vince Blasi, Erwin Chemerinsky, Jamal Greene, Michael McConnell, Robert Post, Fred Schauer, Geoffrey Stone, and Rebecca Tushnet, as well as Judges Stephanos Bibas, Jose Cabranes, Douglas Ginsburg, Raymond Randolph, Neomi Rao, Robert Sack, David Stras, Jeffrey Sutton, and Diane Wood. [read post]
30 Jun 2022, 3:30 am by John Jenkins
– A 21-page letter arguing that the proposed rules don’t violate the First Amendment from a group of 6 law professors led by Harvard Law School’s Rebecca Tushnet. [read post]
24 Jun 2022, 9:03 am by Rebecca Tushnet
Rebecca Tushnet: Simon outlines the “Nose of wax” problemvery well which also exists in the US. [read post]
14 Jun 2022, 2:29 pm by Randy E. Barnett
Maryland (2019) 2020: Paul Finkelman, Supreme Injustice: Slavery in the Nation's Highest Court (2017) Eric Segall, Originalism as Faith (2018) Greg Weiner, The Political Constitution: The Case Against Judicial Supremacy (2019) Robert Ross, The Framers' Intentions: The Myth of the Nonpartisan Constitution (2019) Jack Balkin, The Cycles of Constitutional Time (2020) 2019: Neal Devins, The Company They Keep: How Partisan Divisions Came to the… [read post]
13 May 2022, 10:39 am by Eugene Volokh
Mark Lemley, Mark McKenna, and Rebecca Tushnet, who filed an amicus brief in support of our position; to Profs. [read post]
9 Apr 2022, 12:09 am by Ron Coleman
Rebecca Tushnet’s 43(B)log reports on a decision in a case called Trott’s Woodproducts, Inc. v. [read post]
8 Mar 2022, 10:30 am by Eric Goldman
[Today, Betsy Rosenblatt, Rebecca Tushnet and I sent the following letter to Congress on behalf of 26 trademark academics (here’s a PDF version). [read post]
4 Mar 2022, 9:18 am by Eric Goldman
., Rebecca Tushnet, Jennifer Rothman, and John Welch, so this blog post will focus on the implications of the decision rather than provide a detailed summary of it. [read post]
22 Feb 2022, 9:20 am by Rebecca Tushnet
Rebecca Tushnet Matthew Stephenson Norman Spaulding Christine Jolls Yair Listokinhttp://tushnet.blogspot.com/feeds/posts/default? [read post]
22 Feb 2022, 9:13 am by Rebecca Tushnet
Organization for Transformative Works, Rebecca Tushnet: The Organization for Transformative Works (“OTW”) is a nonprofit established to protect and defend fans and fanworks from commercial exploitation and legal challenge. [read post]
19 Feb 2022, 11:14 am by Rebecca Tushnet
Rebecca Tushnet Bad Spaniels, Deceptive Raptors, and Tiny Hands: The Persistence of Commercial Speech as a Category Jennifer Rothman has done related work, but her focus has been on the different definitions of commerciality across IP regimes; I’m interested in a different question: holding constant the definition of commercial speech as defined by First Amendment jurisprudence, which is basically speech that does no more than merely propose a commercial transaction, does the… [read post]
25 Jan 2022, 2:55 pm by Eugene Volokh
Amy Adler, Vince Blasi, Erwin Chemerinsky, Jamal Greene, Michael McConnell, Robert Post, Fred Schauer, Geoffrey Stone, and Rebecca Tushnet, as well as Judges Stephanos Bibas, Jose Cabranes, Douglas Ginsburg, Raymond Randolph, Neomi Rao, Robert Sack, David Stras, Jeffrey Sutton, and Diane Wood. [read post]
27 Aug 2021, 8:27 pm by Ron Coleman
Photo Attorney Carolyn Wright writes: Rebecca Tushnet over at the 43Blog reports on a recent case in New York where the court determined that the use of a woman’s photograph... [read post]
11 Aug 2021, 3:21 pm by Rebecca Tushnet
Panel 17 – Copyright Substantial Similarity Crossprogrammed with my panel; I came here first because I had more experience with the first paper in the other panel. [read post]
10 Aug 2021, 3:30 am by Rebecca Tushnet
Rebecca Tushnet Daniel Greene’s The Promise of Access: Technology, Inequality, and the Political Economy of Hope has both a sharp theoretical point of view and fascinating ethnographic accounts of a tech startup, a school, and a library in Washington, DC, all trying to navigate a neoliberal economy in which individuals are required to invest in their own skills, education, and ability to change in response to institutional imperatives. [read post]
29 Jul 2021, 3:30 am by Christopher J. Buccafusco
Building on work by Tim Wu, Dave Fagundes, and Rebecca Tushnet, among others, García catalogues three distinct forms of monetizing copyright infringement across a variety of creative domains: (1) profitable infringement, in which infringement results in income for the rightsholder; (2) remedial infringement, in which infringement mitigates a worse outcome for the rightsholder; and (3) promotional infringement, in which infringement amounts to valuable and cost-efficient… [read post]
20 Jul 2021, 12:54 am by Léon Dijkman
Chapter 4, by Rebecca Tushnet, identifies a number of issues that registration in trade mark law gives rise to and offers further potential solutions to bulging registers and overbroad registrations [earlier work here]. [read post]
6 Jul 2021, 8:10 am by Eugene Volokh
Rebecca Tushnet, Power Without Responsibility: Intermediaries and the First Amendment, 76 Geo. [read post]
3 Jul 2021, 3:52 pm by Ron Coleman
Rebecca Tushnet’s 43(B)log writes about a recent decision in the U.S. [read post]