This essay considers the widely held perception that the Internet is filled with awful content. That perception often overlooks (1) the pervasiveness of awful content offline, and (2) why content moderation efforts to control awful content will never be satisfactory. As a result, regulatory...

This is Chapter 14 from the 2020 edition of Advertising & Marketing Law: Cases and Materials, a casebook by Rebecca Tushnet and Eric Goldman. This chapter examines the legal issues arising from featuring people in advertisements, including publicity rights and endorsement/testimonial guidelines

In 1998, Congress enacted the Digital Millennium Copyright Act ("DMCA"). One of its provisions, 17 U.S.C. § 512, gave online service providers a safe harbor from liability for user-caused copyright infringements. The web hosting safe harbor's structure was relatively simple: copyright owners...

Tenure review letters are a crucial part of the tenure process, but academic communities don't often discuss how to write them. This essay offers my top 10 suggestions for how to conceptualize and write helpful tenure review letters

In 1996, Congress enacted the Telecommunications Act of 1996, a major statutory reform of the telecommunications industry. The act included the Communications Decency Act (CDA), Congress' first (and unconstitutional) regulation of the Internet. The CDA principally criminalized online...

Consumer reviews are vitally important to our modern economy. Markets become stronger and more efficient when consumers share their marketplace experiences and guide other consumers toward the best vendors and away from poor ones. Businesses recognize the importance of consumer reviews, and many...

In their zeal to curb Big Tech, regulators are crafting legislative reforms that make distinctions between Internet services based on size. A crucial Internet law, Section 230, is among the targets for such reforms. This essay discusses the nuanced considerations that regulators should address...

In this comment to ITC Investigation 337-TA-745 (Certain Wireless Communication Devices, Motorola v. Apple) we, as teachers and scholars of economics, antitrust and intellectual property, remedies, administrative, and international intellectual property law, former Department of Justice lawyers...

This essay explains the “crisis” of online contracts, the legal fiction that consumers have assented to online contract terms when we have ample empirical evidence that they didn’t really mean to assent. The essay describes the crisis, and some possible solutions, using 10 Internet memes....

Prospective and junior professors can find lots of advice in blogs about key milestones in a junior professor's life cycle: how to get the first academic job, how to lateral from one institution to another, and how to get tenure.In contrast, tenured professors don't get a lot of guidance about...