A Theory of Performance-Based Consumer Law
JOTWELL is praising Professor Lauren Willis's forthcoming article, Performance-Based Consumer Law, University of Chicago Law Review. The review calls her approach "thrilling" and "elegant," "the conclusion toward which everything has been building, the piece that locks everything into place." Willis would align the interests of firms and regulators by switching to "consumer performance" standards rather than current disclosure or design requirements. In effect, firms would be rewarded for actual consumer comprehension and/or when consumers actually use products in suitable ways.
New Voices in Legal Theory
Loyola hosted the Sixth Annual New Voices in Legal Theory Roundtable, an intensive, two-day paper workshop for emerging and established legal philosophers from around the world. Previous workshops have been hosted by Georgetown and the University of Saint Andrews in Scotland. Click here for participants and papers.
From Constitutional Law to Intellectual Property
In her most recent article, Commercial Speech, Commercial Use and the Intellectual Property Quagmire, Virginia Law Review (forthcoming), Professor Jennifer Rothman challenges the intellectual property paradigm for defining and disfavoring both commercial speech and uses. IP law disfavors a much broader swath of speech on the basis of commerciality than the First Amendment allows, without a definitional or normative framework for doing so. This Article offers the first taxonomy of what counts as “commercial” in the IP context, challenges the current treatment, and considers what a post-commercial IP world could look like.
Critical work on the plight of Black girls
Professor Priscilla Ocen co-authored this important new report with Professors Kimberle Crenshaw and Jyoti Nanda, both at UCLA. The report--Black Girls Matter: Pushed Out, Overpoliced and Underprotected--"examines the various ways that women and girls of color are channeled onto pathways that lead to underachievement and criminalization." The report reveals that Black girls are disproportionately disciplined in school for expressing themselvses, that darker-skinned girls are disciplined more often, and that girls of color are more likely to suffer from sexual harassment.
Battle over the EPA
Professor Dan Selmi, who is visiting at Columbia Law School's Sabin Center for Climate Change Law, has written a widely-cited essay questioning whether states should "just say no" to the EPA's new rules on power plant emissions. He explains that by opting out, states risk incurring "significant disadvantages" because by doing so they will effectively "cede control over environmental regulation of energy production in that state to a federal agency in Washington," with high potential costs to ratepayers. The New Republic and Bloomberg have both quoted Selmi's essay as a rebuttal to Senate Majority Leader Mitch McConnell and the Federalist Society's position on the matter.
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