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Full-Text Articles in Consumer Protection Law
Unfair Competition And Uncommon Sense, Rebecca Tushnet
Unfair Competition And Uncommon Sense, Rebecca Tushnet
Georgetown Law Faculty Publications and Other Works
This article discusses Mark McKenna’s Testing Modern Trademark Law’s Theory of Harm as an important step forward in challenging trademark expansionism, going back to basics and asking us to assess for truth value several propositions that now seem so self-evident to lawyers and judges as to not require any empirical support at all. Like McKenna, the author believes that if the law looked for the evidence behind present axioms of harm, it would not find much there. McKenna and the author share an interest in empirical evidence on marketing and a desire to bring its insights to trademark law. But …
Is Local Consumer Protection Law A Better Retributive Mechanism Than The Tax System, Brian Galle
Is Local Consumer Protection Law A Better Retributive Mechanism Than The Tax System, Brian Galle
Georgetown Law Faculty Publications and Other Works
As Judge Calabresi has argued, preemption decisions are, at their core, a choice about which tier of government should have policy-making authority. In prior work, Mark Seidenfeld and I argued that the choice of whether or not to preempt state law decisions should be based explicitly on "fiscal federalism" considerations. The economic discipline of fiscal federalism attempts to measure the welfare effects of situating a given policy either locally, nationally, or somewhere in between.