Wayne State University

Aim Higher

John A. Rothchild

Associate Dean and Associate Professor of Law
Office: Room 3313
Telephone: (313) 577-3973
E-mail: jrothchild@wayne.edu
Download Faculty Photo

Homepage URL

Degrees and Certifications

A.B., Princeton University
J.D., University of Pennsylvania Law School


Courses Taught

The Law of Electronic Commerce
Copyright Law
International Intellectual Property Law
Constitutional Law
Ancient Greek and Roman Law


Biography

Dean Rothchild has been a member of the Wayne Law faculty since 2001. He is a co-author of “Internet Commerce,” a law school casebook published by Foundation Press, which has been adopted for classroom teaching at more than 30 law schools.  From 1991 to 2001, Dean Rothchild was an attorney at the Federal Trade Commission’s Bureau of Consumer Protection, specializing in law enforcement efforts addressing Internet-based fraud and online compliance issues. For several years he led the Commission’s international consumer protection program. He served as Chairperson of the Organization for Economic Cooperation and Development’s Consumer Protection Guidelines Project, which developed guidelines for controlling fraudulent and misleading conduct in electronic commerce. He also served as a member of the U.S. delegation to the OECD’s Committee on Consumer Policy, and of the U.S. delegation to the International Marketing Supervision Network. From 1998 to 1999, he was engaged in research and writing as a Fellow at the University of Chicago Law School, where he received the Victor H. Kramer Foundation fellowship. From 1987 to 1991, he was an associate in the Washington, D.C., law firm of Bredhoff & Kaiser, representing labor unions and pension plans. He was a law clerk for the Hon. Arlin M. Adams, U.S. Court of Appeals for the Third Circuit, from 1986 to 1987.


Books
  • Internet Commerce: The Emerging Legal Framework
    Internet Commerce: The Emerging Legal Framework (Foundation Press, 2d ed.) 2006 with co-authors Radin, Reese, and Silverman

    This casebook offers a grounding in the legal issues that arise in connection with doing business using the Internet. Topics covered include online contracts, government regulation, privacy, trademarks, copyright, consumer protection, spam and other electronic intrusions, liability of Internet service providers, electronic payment systems, and taxation of online commerce.

  • Internet Commerce: The Emerging Legal Framework
    Internet Commerce: The Emerging Legal Framework (Foundation Press) September 2002 co-authored with Margaret Jane Radin and Gregory M. Silverman

    This casebook covers a range of legal issues that arise in connection with electronic commerce. Topics covered include governance, trademarks, domain names, contracting online, digital signatures, consumer protection, jurisdiction, privacy, copyright, business method patents, online torts, liability of Internet service providers, alternative dispute resolution, electronic payment systems, and taxation. To assist students in understanding the relevant technology, technical appendices and a glossary are provided.


Other Publications

The Social Costs of Technological Protection Measures, 34 FLA. ST. U. L. REV. 1181 (2007)

“Consumer Law and the Internet” (with Patrick Quirk), in HANDBOOK OF INTERNATIONAL CONSUMER LAW AND POLICY (Edward Elgar Pub’g forthcoming 2007)

Economic Analysis of Technological Protection Measures, 84 OREGON L. REV. 489 (2005)

The Incredible Shrinking First-Sale Rule: Are Software Resale Limits Lawful?, 57 RUTGERS L. REV. 1 (2004)

Reprinted in part as Co-regulating the Internet, in CONSUMER LAW IN THE INFORMATION SOCIETY (Kluwer 2000)

Menacing Speech and the First Amendment:  A Functional Approach to Incitement that Threatens, 8 TEX. J. WOMEN & L. 207 (1999)

Protecting the Digital Consumer:  The Limits of Cyberspace Utopianism, 74 IND. L.J. 893 (1999)

Making the Market Work:  Enhancing Consumer Sovereignty Through the Telemarketing Sales Rule and the Distance Selling Directive, 21 J. CONSUMER POL’Y 279 (1998)


Accomplishments
  • March 13, 2011
    John Rothchild delivered a lecture titled "The FCC's New Net Neutrality Rules: Are They Good for Consumers?" at the annual meeting of the State Bar of Michigan Information Technology Law Section on Mar. 10, 2011. Other recent accomplishments include:

    • A Jan. 28, 2011, talk on "Net Neutrality" at the Winter Working Meeting of the American Bar Association's Cyberspace Law Committee in Austin, Texas.
    • A Nov. 5, 2010, presentation of his paper, titled "Exhausting Extraterritoriality," at the Santa Clara Law Symposium on First Sale and Exhaustion, held at Santa Clara University School of Law.
    • A Nov. 4, 2010, presentation of his paper, titled "How the United States Stopped Being a Pirate Nation and Learned to Love International Copyright," to a faculty forum at Santa Clara University School of Law.
  • November 13, 2006
    John Rothchild spoke on a panel at the University of Michigan Law School called "MySpace and Your Facebook: Is Poking a Tort and Other Social Networking Dilemmas," which explored legal issues arising from social networking websites.


In the News
  • John Rothchild was a guest columnist in Jurist Legal News, with a piece titled "The Exhaustive Consequences of Kirtsaeng."


    Read Article
  • John Rothchild was quoted in an article in InsideCounsel magazine on the 6th Circuit's decision in Cincom Sys. Inc. v. Novelis Corp. 


    Read Article
  • John Rothchild commented in a story on InsideCounsel.com titled "Unintentional Infringement: Software infringement suits on the rise."

     

     


    Read Article
  • John Rothchild was featured in Michigan Lawyers Weekly in an article titled "Michigan Lawyers in the News" on April 14, 2008. (Subscription required)


  • John Rothchild was featured in the Detroit Free Press in an article titled "People making news" on April 2, 2008.


    Read Article