New Advertising & Marketing Law Casebook Available for Review

By Eric Goldman

For the past 2+ years, Rebecca Tushnet and I have been writing a brand-new casebook on Advertising & Marketing Law. Although some advertising/marketing law textbooks cater to undergraduate classes (such as those in journalism schools, marketing departments and communications departments), no casebooks currently support the law school market. As a result, we think this casebook will become a vital resource for law school instructors offering the course. When I offered the course in Spring 2011, I was overwhelmed by student demand for the course–over 90 students tried to enroll! I anticipate that the course will be popular at many other schools.

I taught from an early draft of the materials this Spring, and I was happy with the course and the materials. Rebecca and I have now put together a fairly complete beta version of the casebook, and we are making it available for adoptions this academic year. In addition to the casebook itself, Rebecca and I are sharing our PPT slide decks and lecture notes as supplementary teaching resources. If you are teaching–or considering teaching–a course in Advertising Law and would like to review the materials for potential adoption, please email Rebecca or me and we will send you a private URL where you can download the materials. Or, if you are an academic who is teaching or writing on related topics and are just curious about our approach, contact us as well. In either case, we’ll ask you to share your feedback on the materials so that we can improve them and produce a “final” version of the first edition.

If you aren’t one of those two types of folks, please be patient with us while we gather and incorporate all of this feedback and prepare a more polished version. We plan to make the materials more widely available then.


The table of contents:

Chapter 0: Preface

Chapter 1: Overview

Chapter 2: What is an Advertisement?

Chapter 3: False Advertising Overview

Chapter 4: Deception

Chapter 5: Other Business Torts

Chapter 6: False Advertising Practice

Chapter 7: False Advertising Remedies

Chapter 8: Copyrights

Chapter 9: Brand Protection and Usage

Chapter 10: Competitive Restrictions

Chapter 11: Featuring People in Ads

Chapter 12: Privacy

Chapter 13: Promotions

Chapter 14: The Advertising Industry Ecosystem

Chapter 15: Case Studies


If you’re interested, I’ve posted my Spring 2011 exam and sample answer.