Jennifer Rothman
Professor of Law and
Joseph Scott Fellow
Contact Information
Phone: (213) 736-2776
Fax: (213) 380-3769
E-mail: Jennifer.Rothman@lls.edu
919 Albany St.
Los Angeles, CA 90015-1211
Educational and Professional Background
A.B., Princeton University
M.F.A., University of Southern California
J.D., University of California, Los Angeles
Jennifer Rothman is Professor of Law and the Joseph Scott Fellow at Loyola Law School, Loyola Marymount University (Los Angeles). She joined the Loyola faculty from Washington University in St. Louis, where she was an Associate Professor of Law. Rothman regularly teaches Trademarks and Unfair Competition, Torts, and seminars on a variety of topics, including the right of publicity and intellectual property theory.
Rothman researches and writes primarily in the areas of intellectual property and constitutional law. Among her diverse research areas are copyright law, trademark law, the right of publicity, the First Amendment, same-sex marriage, laws regulating sexual conduct, and the treatment of threats. Recent articles consider the use of custom in intellectual property (“The Questionable Use of Custom in Intellectual Property,” Virginia Law Review); the applicability of substantive due process analysis to the evaluation of uses of copyrighted works (“Liberating Copyright: Thinking Beyond Free Speech,” Cornell Law Review); and the regulation of sexual conduct on the basis of intimacy (“Sex In and Out of Intimacy,” Emory Law Journal).
Rothman received her A.B. from Princeton University where she received the Asher Hinds Book Prize and the Grace May Tilton Prize for her senior thesis on Strategies for Making Films from Written Fiction. Rothman received an M.F.A. in film production from the University of Southern California’s School of Cinema-Television, where she directed an award-winning documentary. Rothman then worked in the film industry for a number of years, including positions at Paramount Pictures and Castle Rock Entertainment.
Rothman received her J.D. from UCLA where she graduated first in her class and won the Jerry Pacht Memorial Constitutional Law Award for her scholarship in that field. Rothman served as law clerk to the Honorable Marsha S. Berzon of the United States Court of Appeals for the Ninth Circuit in San Francisco and then practiced as an entertainment and intellectual property litigator in Los Angeles.
"Liberating Copyright: Thinking Beyond Free Speech," 95 Cornell Law Review 463 (2010)
"Sex In and Out of Intimacy," 59 Emory Law Journal 809 (2010) (co-authored with Laura A. Rosenbury)
"Custom, Comedy and the Value of Dissent," 95 Virginia Law Review In Brief 19 (April 2009)
"Why Custom Cannot Save Copyright's Fair Use Defense," 93 Virginia Law Review In Brief 243 (2008)
"The Questionable Use of Custom in Intellectual Property," 93 Virginia Law Review 1899 (2007)
"Initial Interest Confusion: The Diversion of Trademark Law," in Intellectual Property and Information Wealth (ed. Peter Yu, Praeger 2006).
"Initial Interest Confusion: Standing at the Crossroads of Trademark Law," 27 Cardozo Law Review 105 (2005).
"Copyright Preemption and the Right of Publicity," 36 UC Davis Law Review 199 (2002).
"Freedom of Speech and True Threats," 25 Harvard Journal of Law and Public Policy 283 (2001).
Trademarks & Unfair Competition; Intellectual Property Theory Honors Colloquium; The Right of Publicity; Legal Issues in Reality and Non-Fiction Works; Torts