Prof. Dustin Marlan

Dustin Marlan

Assistant Professor

Law School / Faculty

Curriculum Vitae

508-985-1131

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UMass School of Law 215


Education

University of Pennsylvania Law SchoolJD
Indiana University—BloomingtonBA

Teaching

  • Business Organizations
  • Community Development Clinic
  • Intellectual Property

Teaching

Courses

Examines the basic forms of business organizations, including the law of sole proprietorships, partnerships, and corporations. Topics include the authority and responsibility of partners and the relationship between corporate directors, officers, shareholders, and creditors. The course will also cover the principles of agency law.

Examines the basic forms of business organizations, including the law of sole proprietorships, partnerships, and corporations. Topics include the authority and responsibility of partners and the relationship between corporate directors, officers, shareholders, and creditors. The course will also cover the principles of agency law.

Students, supervised by a law school professor, spend one semester representing small businesses and non-profit organizations in the South Coast area of Massachusetts. Work includes drafting corporate documents, preparing state and federal filings, conducting legal audits, researching legal issues, and reviewing contracts. Students may also have the opportunity to research new developments in the law and make presentations to the board of directors and employees of nonprofit organizations. Students will also study the law of, and assist clients engaging in, small for-profit business activity. Clinic students attend a weekly two-hour seminar that will provide training in the relevant legal topics, as well as in practical legal skills such as legal drafting and public speaking skills. Students will also reflect on and consider ethical and other issues arising in practice. Students will average 10 hours weekly on their clinical work. Graded.

Students, supervised by a law school professor, spend one semester representing small businesses and non-profit organizations in the South Coast area of Massachusetts. Work includes drafting corporate documents, preparing state and federal filings, conducting legal audits, researching legal issues, and reviewing contracts. Students may also have the opportunity to research new developments in the law and make presentations to the board of directors and employees of nonprofit organizations. Students will also study the law of, and assist clients engaging in, small for-profit business activity. Clinic students attend a weekly two-hour seminar that will provide training in the relevant legal topics, as well as in practical legal skills such as legal drafting and public speaking skills. Students will also reflect on and consider ethical and other issues arising in practice. Students will average 10 hours weekly on their clinical work. Graded.

Students who have completed the Community Development Clinic (LAW 640) may be invited to participate in the Advanced Community Development Clinic in a subsequent semester. Advanced Clinic students will continue to work with clients, expanding their knowledge of clinic-specific substantive law as they further develop their lawyering skills. Advanced Clinic students may also assist with the first-semester course, mentor students, participate in programs for the public, and engage in a writing project.

Students who have completed the Community Development Clinic (LAW 640) may be invited to participate in the Advanced Community Development Clinic in a subsequent semester. Advanced Clinic students will continue to work with clients, expanding their knowledge of clinic-specific substantive law as they further develop their lawyering skills. Advanced Clinic students may also assist with the first-semester course, mentor students, participate in programs for the public, and engage in a writing project.

Research

Research Interests

  • Intellectual Property: Trademarks
  • Intellectual Property: Advertising
  • Legal Education, Methodology and Theory

Professional Background

Dustin Marlan is an Assistant Professor of Law at the University of Massachusetts School of Law. He teaches intellectual property and business law courses and directs the Community Development Clinic—an economic justice-focused transactional legal clinic.

Professor Marlan’s current research explores the role and function of images and metaphors in intellectual property, particularly trademarks and personality rights. His scholarship has been published in the Washington Law Review, Lewis & Clark Law Review, and University of Pennsylvania Journal of Constitutional Law, and is forthcoming in the Hastings Law Journal and Gonzaga Law Review.

Professor Marlan previously served as a Clinical Teaching Fellow at the University of Michigan Law School, where he co-led the Detroit Neighborhood Entrepreneurs Project. Before entering academia, he practiced law at Wilson Sonsini Goodrich & Rosati PC in Seattle, WA, and at K&L Gates LLP in his hometown of Pittsburgh, PA.

Publications

Unmasking the Right of Publicity, 71 Hastings Law Journal __ (forthcoming 2020)

Rethinking the “Consumer” Label, 55 Gonzaga Law Review __ (forthcoming 2020) (symposium article)

Beyond Cannabis: Psychedelic Decriminalization and Social Justice, 23 Lewis & Clark Law Review 851 (2019) (symposium article)

Visual Metaphor and Trademark Distinctiveness, 93 Washington Law Review 767 (2018)

When Does the Right of Publicity Trump a Video Game Maker’s First Amendment Rights?, 18 Cyberspace Lawyer 11 (2014) (co-author)

Comment, Trademark Takings: Trademarks as Constitutional Property Under the Fifth Amendment Takings Clause, 15 University of Pennsylvania Journal of Constitutional Law 1581 (2013)

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