The Record

Imagine A Community: Obscenity’s History and Moderating Speech Online

A Letter from Europe: European Constitutional Law and Its Digital Public Sphere

Infrastructuring the Digital Public Sphere

Living with the Merchandising Right (Or How I Learned to Stop Worrying and Love Free-Riding Stories)

Trademark scholars love to hate the merchandising right (i.e., the use of trademark law to give trademark owners control over product markets in which the trademark is the good—e.g., a BOSTON RED SOX baseball cap). We think that trademark law should protect consumer interests. If no one thinks that sports teams manufacture their own merchandise, then there’s no possibility of source confusion.

Judging Autonomous Vehicles

The introduction of any new technology challenges judges to determine how it fits into existing liability schemes. If judges choose poorly, they can unleash novel injuries on society without redress or stifle progress by overburdening a technological breakthrough. The emergence of self-driving, or autonomous, vehicles will present an enormous challenge of this sort to judges. This technology will alter the foundation of the largest source of civil liability in the United States.