Navigational Freedom: The Most Critical Common Heritage

In 2018 then-Attorney General Jeff Sessions announced that Chinese espionage was occurring in university research labs, and the Department of Justice...

Trade Secret Case Management Judicial Guide

Peter S. Menell

David Almeling

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As the knowledge economy expanded and concerns about trade secret misappropriation mounted in the digital age, federal policymakers undertook efforts...

Selected Intellectual Property, Internet, and Information Law, Statutes, Regulations, and Treaties

Executive Decisions After Arthrex

Sharon K. Sandeen

The 2022 edition of Selected Intellectual Property, Internet, and Information Law Statutes, Regulations, and Treaties , edited by Professors Sharon K...

Jennifer Mascott

Decisionmaking in the modern executive branch frequently rests on a convenient formalism. Ultimate power is typically vested in high-level “principal”...

The DTSA and Trade Secret Extraterritoriality

Giulia C. Farrior

This chapter analyzes the extraterritorial provision in the Defend Trade Secrets Act (DTSA) and considers the arguments on both sides of the question...

Selected Intellectual Property, Internet, and Information Law Statutes, Regulations, and Treaties

Sharon K. Sandeen

The 2021 edition of this annual volume marks a transition from Roger Schechter’s longtime editorship of Selected Intellectual Property and Unfair...

Trade Secret Law: Cases and Materials

The Emergence of Intellectual Property for Legal Innovation

Sharon K. Sandeen

This is the third edition of the first casebook in the United States devoted exclusively to trade secret law. As with previous editions, it is...

Ajit Pai and Risk-Taking at the FCC

Thomas B. Nachbar

TOTM Symposium: Retrospective on Ajit Pai's Tenure as FCC Chairman. The following is part of a digital symposium by TOTM guests and authors on the...

Michael Abramowicz

The legal system has traditionally been the source of intellectual property protection for innovation, not the object of protection. The legal system...

Patent Law and Policy: Cases and Materials

Robert Patrick Merges

The new eighth edition of this venerable and highly respected casebook represents a substantial revamping. It features an entirely new and detailed...

eBay, Permanent Injunctions, and Trade Secrets

This Article presents the first qualitative empirical review of permanent injunctions in trade secret cases. In addition, it explores the extent to...

The Myth of Well-Settled Rules in Merrill v. Yeomans

Right On Time: A Reply to Professors Allen, Claeys, Epstein, Gordon, Holbrook, Mossoff, Rose, and Van Houweling

The Supreme Court’s decision in Merrill v. Yeomans is widely and correctly viewed as a watershed case in which the Court first announced that the...

A simple observation started us off in writing Right on Time. Studying and teaching intellectual property law, we noticed striking parallels between...

Personalizing Copyright Law Using Consumer Demographics

Most people assume, if implicitly, that there is a substantial element of uniformity in our IP system. At first blush, our copyright and patent laws...

Revisiting Trade Secret Extraterritoriality

Giulia Farrior

This Article analyzes the extraterritorial provision in the Defend Trade Secrets Act (DTSA) and considers the arguments on both sides of the question...

Right on Time: First Possession in Property and Intellectual Property

How should we allocate property rights in unowned tangible and intangible resources? This Article develops a model of original acquisition that draws...

Snapshot of Trade Secret Developments

As we enter the second year post enactment of the federal Defend Trade Secrets Act, this Paper presents a snapshot of developments to assess whether...

Empirical Studies of Copyright Registration