Wayne State University
John A. Rothchild
John A. Rothchild
Associate Professor of Law
Room 3235
(313) 577-3963

Education

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

Biography

Professor 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, Professor 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 chair 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.

Course website: http://faculty.law.wayne.edu/Rothchild/index.htm
 

Courses Taught

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

 

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.

Selected Publications

Book Chapters

"Social Media and Advertising," in Social Media and the Law (Practising Law Institute 2013)

"Immunity for Online Speech Intermediaries," in Internet Law for the Business Lawyer (American Bar Assoc. 2d ed. 2012)

"Consumer Law and the Internet," in Handbook of International Consumer Law and Policy (Edward Elgar Pub'g 2010) (with Patrick Quirk)

Articles

Exhausting Extraterritoriality, 51 Santa Clara L. Rev. 1187 (2011)

Book Review (The Cambridge Companion to Ancient Greek Law, edited by Michael Gagarin & David Cohen (Cambridge University Press, 2005)), 56 Amer. J. Comp. L. 1095 (2008)

The Social Costs of Technological Protection Measures, 34 Fla. St. U. L. Rev. 1181 (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)

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 A. 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.

In The News

April 29, 2013
John A. Rothchild was a guest columnist in Jurist Legal News, with a piece titled "The Exhaustive Consequences of Kirtsaeng."

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