About Me

Jennifer E. Rothman

Jennifer E. Rothman is Professor of Law and the Joseph Scott Fellow at Loyola Law School, Los Angeles.  She joined the Loyola faculty from Washington University in St. Louis, where she was an Associate Professor of Law.  Professor Rothman currently teaches Trademarks and Unfair Competition, Torts, Intellectual Property Theory and the Right of Publicity. 

Professor Rothman researches and writes primarily in the areas of intellectual property and constitutional law.  In addition to focusing on conflicts between IP rights and other constitutionally protected rights, such as the freedom of speech, her work also explores the intersections of tort and property law, particularly in the context of the right of publicity and trademark and unfair competition law.  Her forthcoming book, A Right is Born: The Right of Publicity, Celebrity and Privacy in a Public World, will be published by Harvard University Press. 

Rothman’s essays and articles regularly appear in top law reviews and journals, including Cornell Law Review, Georgetown Law Journal, Virginia Law Review, Harvard Journal of Law & Public Policy and the Stanford Law & Policy Review.  Professor Rothman is nationally recognized as a leading scholar in the intellectual property field and has been invited to speak on the topic at a variety of esteemed institutions, including Columbia, Michigan, Stanford, University of Chicago, University of Pennsylvania, U.C. Berkeley, UCLA and Yale.  Her most recent article, Commercial Speech, Commercial Use, and the Intellectual Property Quagmire is forthcoming in the Virginia Law Review. In the article, she challenges the intellectual property paradigm for defining and disfavoring both commercial speech and commercial uses.  Rothman is an elected member of the American Law Institute and serves as a member of the consulting groups for the Restatement of Copyright, and Restatement (Third) of Information Privacy Principles. 

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 Cinematic Arts, 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 at Irell & Manella.