Intellectual Property

Intellectual Property

Intellectual Property

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Research

Despite the blossoming of copyright law and authorship theories over the past decades, there has thus far been very little in terms of empirical... MORE
How should we allocate property rights in unowned tangible and intangible resources? This Article develops a model of original acquisition that draws... MORE
Who is the author in copyright law? Knowing who our copyright system currently incentivizes to create which works is a necessary precondition for... MORE
For more than a century, the commercial law of intellectual property has generated intense controversy with ever-growing stakes. The central... MORE
Assessing the fairness of settlements is an inherently difficult task. Because settlements foreclose the judicial determination of litigants’... MORE
In Graham v. John Deere, the Supreme Court explained that patent law’s nonobviousness doctrine is meant to restrict the award of patents only to “... MORE
The registration records at the U.S. Copyright Office provide a valuable lens on the use and performance of the copyright system, but have not yet... MORE
In 2005 Congress created a new copyright formality: preregistration. Preregistration addresses a growing phenomenon in which copyrighted works are... MORE
The ambiguity of claim language is generally considered to be the most important problem in patent law today. Linguistic ambiguity is believed to... MORE
Economically minded legal scholars have devoted much attention to the comparative costs of property rules and liability rules, but little attention... MORE
In this paper we analyze how stand-up comedians protect their jokes using a system of social norms. Intellectual property law has never protected... MORE
All have thus far considered the Constitutional Convention’s record on intellectual property puzzling and uninformatively short. This Article... MORE
In There’s No Free Laugh (Anymore): The Emergence of Intellectual Property Norms and the Transformation of Stand-Up Comedy, 94 Virginia L. Rev. 1787... MORE
In this paper, we analyze how stand-up comedians protect their jokes using a system of social norms. Intellectual property law has never protected... MORE
Can Congress pass under one of its powers a statute that conflicts with the language of another Congressional power? This unsettled question has... MORE
This essay advances a formalist conception of constitutional stare decisis. I shall argue that instrumentalist accounts of precedent are inherently... MORE
The Article elucidates the Intellectual Property Clause by studying the neglected record from the Constitutional Convention of 1787 pertaining to it... MORE
Sometimes technological change is so profound that it rocks the foundations of an entire body of law. Peer-to-peer (P2P) filesharing systems -... MORE
In Free Culture: How Big Media Uses Technology and the Law to Lock Down Culture and Control Creativity, Lawrence Lessig warns that the health of the... MORE
The paper examines a question of general interpretive significance about the relationship between enumerated powers within the particular context of... MORE
This paper is a discussion of the Supreme Court's decision in Eldred v. Ashcroft. In the paper, I argue that the ambiguity at issue in Eldred has... MORE
In this Article, we highlight for the first time some of the significant but hitherto unrecognized behavioral effects of copyright law on individuals... MORE
The Intellectual Property Clause of the United States Constitution grants Congress power "To promote the Progress of Science and useful Arts, by... MORE
Whether and how the federal securities laws should restrict insider trading is one of the most hotly debated topics in the securities law literature... MORE