Rebecca Tushnet's 43(B)log

This photo essay shows Mexican immigrants in well-known superhero costumes. Photographer Dulce Pinzón wanted to raise questions about our ...

Full text here . The main event is a proposed rule change "to make the current disclosure requirement more obvious to the consumer by r...

MDM Group Associates, Inc. v. Emerald Isle Realty, Inc., 2008 WL 2641271 (E.D.N.C.) MDM, which sells insurance and other financial prod...

The story contains an argument from a fansubber that his work is creative and worthwhile; it includes adding explanations of unfamiliar Amer...

Fair use-friendly best practices statements are gaining more adherents as people decide that some sort of coordination and theorization of e...

There was an imbroglio over at BoingBoing over the removal of a number of posts related to a blogger, Violet Blue. The posts were removed ...

Hart v. Comcast of Alameda, 2008 WL 2610787 (N.D. Cal.) Hart sued Comcast for unfairly discriminating against peer-to-peer filesharing ...

Super Duck Tours can use that name, the First Circuit recently ruled , despite the existence of Boston Duck Tours, because “duck tours” is g...

I have argued that regulating commercial speech and regulating commercial conduct are often intertwined, making application of the full forc...

Cryptoxin , one of my favorite cultural analysts, linked to this post about Oliver Laric’s green-screened “remix” of Mariah Carey’s video ...

I’ve been thinking about Gricean implicature —I think more people should use Gricean analysis in interpreting advertising claims. For exam...

Apparently some subscribers to AP's news feeds use auto-replace on the stories for ideological reasons before publishing them, for examp...

New York v. Applied Card Systems, Inc., --- N.E.2d ----, 2008 WL 2519797 (N.Y.) New York’s AG sued various credit card providers for vi...

NetQuote, Inc. v. Byrd, 2008 WL 2552871 (D. Colo.) Previous coverage . Prior summary: NetQuote operates a web site that allows i...

Mark Spottswood, Falsity, Insincerity, and the Freedom of Expression , 16 William & Mary Bill Of Rights Journal 1203 (2008) This t...