Intellectual Property Law and the Right to Repair
In recent years, there has been a growing push towards state legislation that would provide consumers with a “right to repair” their products. Currently 18 states have pending legislation that [...]
Intellectual Property in the New Technological Age: 2017 – Chapters 1 and 2
"The 2017 Edition reflects the following principal developments: Trade Secrets: Congress passed the Defend Trade Secrets Act of 2016, one of the most momentous changes in the history of trade [...]
Creativity Under Fire: The Effects of Competition on Creative Production
Though fundamental to innovation and essential to many industries and occupations, individual creativity has received limited attention as an economic behavior and has historically proven difficult to study. This paper [...]
The Access to Knowledge Mobilization and the New Politics of Intellectual Property
Intellectual Property law was once an arcane subject. Today it is at the center of some of the most highly charged political contests of our time. In recent years, college [...]
Disappearing Content
One of the great advantages of digital content has been that for the last forty years, people have had access to whatever content they want whenever they wanted it. That [...]
Volition Has No Role to Play in Determining Copyright Infringements
Historically, and consistently, direct copyright infringement has been understood to be a strict liability tort. Unfortunately, some recent lower court decisions addressing infringement of copyrighted content on online platforms could [...]
Annual Intellectual Property Report to Congress
The United States government is taking a targeted, practical, and comprehensive approach toward addressing intellectual property policy and strategy. The goal is to ensure a level playing field for American [...]
Is Intellectual Property the Root of All Evil? Patents, Copyrights, and Inequality
This paper raises three issues on the relationship between intellectual property and inequality. The first is a simple logical point. Patents, copyrights, and other forms of intellectual property are public [...]
Explaining Criminal Sanctions in Intellectual Property Law
This symposium piece first seeks to unpack the relationship between intellectual property infringement and property offenses, and then to understand how the connection between the two has informed when the [...]
The Hegemony of the Copyright Treatise
This Article critiques the excessive reliance placed on copyright treatises by judges, lawyers, and even scholars and policy makers; explains why treatises in principle are not a legitimate source of [...]