John A Rothchild (aj8419)

Professor Rothchild has been a member of the Wayne Law faculty since 2001, and since 2019 has served as the university’s Chief Privacy Officer. From 1991 to 2001, he 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. Professor Rothchild 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, Professor Rothchild 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.

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

The Law of Electronic Commerce
Copyright Law
Constitutional Law I
Ancient Greek and Roman Law
Trademarks and Unfair Competition
Privacy Law
 

Articles

That Old College Try: Judge-Made Monopolies in the Market for Affinity Goods, 12 Tex. A&M L. Rev. ___ (forthcoming 2025)

Sham Choice: How the Current Privacy Regime Fails Us, and How to Fix It, 92 UMKC L. Rev. 169 (2023)

How the United States Stopped Being a Pirate Nation and Learned to Love International Copyright, 39 Pace L. Rev. 361 (2018)

Against Notice and Choice: The Manifest Failure of the Proceduralist Paradigm to Protect Privacy Online (or Anywhere Else), 66 Clev. St. L. Rev. 559 (2018)

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)

Books

Cloud 3.0 – Drafting and Negotiating Effective Cloud Computing Agreements (Lisa R. Lifshitz & John A. Rothchild eds., American Bar Assoc., 2019)

Research Handbook on Electronic Commerce Law (John A. Rothchild ed., Edward Elgar Publishing, 2016)

Internet Commerce: The Emerging Legal Framework (with Margaret Jane Radin, R. Anthony Reese, and Gregory M. Silverman) (Foundation Press 2d ed. 2006 & annual updates through 2014)

Book Chapters

Consumer Protection and the Internet (with Patrick Quirk), in Handbook of Research on International Consumer Law (Geraint Howells et al. eds., Edward Elgar Publishing, 2d ed. 2018)

Understanding Network Neutrality, in Research Handbook on Electronic Commerce Law (John A. Rothchild ed., Edward Elgar Publishing, 2016)

Exhaustion of Intellectual Property Rights and the Principle of Territoriality in the United States, in Research Handbook on Intellectual Property Exhaustion and Parallel Imports (Irene Calboli & Edward Lee eds., Edward Elgar Publishing, 2016)

Social Media and Advertising, in Social Media and the Law (Practising Law Institute 2013) (updated annually, 2014–24)

Top Ten Statutes Relating to the Internet that Every Business Lawyer Should Know About and Immunity for Online Speech Intermediaries, in Internet Law for the Business Lawyer (American Bar Assoc. 2d ed. 2012)