IP Faculty Scholarship
Recent Intellectual Property Publications
Distinguished Professor of Law and Director of the Institute for Science, Law and Technology
Genetics: Ethics, Law and Policy (West Publishing 4th ed., forthcoming 2015) (with M. Mehlman & M. Rothstein).
Social Networks: Impact on Biotechnology Research, Health Care, and Human Rights, in Biennial Review of Law, Science and Technology: Biotechnology, Health Inequality, and Distributive Justice (Institutum Jurisprudentiae, Academia Sinica, forthcoming).
Policy Paper, Digital Peepholes—Remote Activation of Webcams: Technology, Law and Policy (Institute for Science, Law and Technology 2014) (with Michael Holloway & Dan Massoglia).
Privacy and Data Collection in the Gameful World, in The Gameful World (S. Walz & S. Deterding eds., MIT Press 2014).
The "Progress Clause": An Empirical Analysis Based on the Constitutional Foundation of Patent Law, 15 North Carolina Journal of Law and Technology 537 (2014) (symposium).
Associate Professor of Law and Co-Director of the Center for Empirical Studies of Intellectual Property
The Moral Psychology of Copyright Infringement, 100 Minnesota Law Review ___ (forthcoming 2015) (with D. Fagundes).
On the Shoulders of Giants or the Path Not Taken: Experiments in Sequential Innovation and Intellectual Property, 91 Indiana Law Journal ___ (forthcoming 2015) (with S. Bechtold and C. Sprigman).
Happiness and the Law (University of Chicago Press 2014) (with J. Bronsteen & J. Masur).
Experimental Tests of Intellectual Property Laws' Creativity Thresholds, 92 Texas Law Review 1921 (2014) (with Z. Burns et al.).
Innovation and Incarceration: An Economic Analysis of Criminal Intellectual Property Law, 87 Southern California Law Review 275 (2014) (with J. Masur).
Professor of Law and Director of the Program in Intellectual Property Law
Recognizing Rights in Real Time: The Role of Google in the EU Right to Be Forgotten, 49 U.C. Davis Law Review ___ (forthcoming 2016).
The Right to Be Forgotten v. Free Speech, ___ I/S: A Journal of Law and Policy for the Information Society ___ (forthcoming 2016) (symposium).
Patent Trolls: Moral Panics, Motions in Limine, and Patent Reform, ___ Stanford Technology Law Review ___ (forthcoming 2015).
Trademark Protection and Territoriality: Challenges in the Global Economy (I. Calboli & Edward Lee eds., Elgar 2014).
The Global Trade Mark, 35 University of Pennsylvania Journal of International Law 917 (2014), selected by the Intellectual Property Review as one of the best articles in intellectual property law for 2014.
Professor of Law and Director of the Graduate Program in Financial Services Law
Domesticating Drones: The Technology, Law and Economics of Unmanned Aircraft (Ashgate Publishing, forthcoming) (with E. Sprague).
Drones, ___ Vanderbilt Journal of Entertainment and Technology Law ___ (forthcoming) (with E. Sprague).
Law-Abiding Drones, ___ Columbia Science and Technology Law Review ___ (forthcoming) (with E. Sprague).
Sharing Public Safety Helicopters, 79 Journal of Air Law and Commerce 501 (2014) (with E. Sprague & C. Cue).
Law-Abiding Drones, Rotor and Wing, September 2014, at 40 (with E. Sprague).
Leashing Drones, Rotorcraft, July 2014, at 36 (with E. Sprague).
How Will UAVs Affect the Next Generation of Aviators?, Professional Pilot, June 2014, at 94 (with E. Sprague).
Drone Dread, Rotor and Wing, June 2014, at 34 (with E. Sprague).
Law and Order in the Skies, The Tech (MIT student newspaper), June 13, 2014, at 4 (with E. Sprague).
Is There a Drone in Your Future?, heliweb, May 2014, at 14 (with E. Sprague).
Associate Professor of Law and Deputy Director of the Program in Intellectual Property Law
Trade Secrets: Cases, Materials and Strategies (William S. Hein 2007, rev. ed. forthcoming) (with T. Parkhurst).
Professor of Law and Co-Director of the Center for Empirical Studies of Intellectual Property
Our Divided Patent System, 82 University of Chicago Law Review ___ (forthcoming 2015) (with J. Allison & M. Lemley).
Unpacking Patent Assertion Entities (PAEs), 99 Minnesota Law Review 649 (2014) (with J. Kesan & C. Cotropia).
Understanding the Realities of Modern Patent Litigation, in Symposium, Steps Toward Evidence-Based IP, 92 Texas Law Review 1769 (2014) (with J. Allison & M. Lemley).
Retroactivity at the Federal Circuit, 89 Indiana Law Journal 1547 (2014).
On Mass Patent Aggregators, 114 Columbia Law Review Sidebar 51 (2014).
Analyzing the Role of Non-Practicing Entities in the Patent System, 99 Cornell Law Review 425 (2014) (with J. Kesan).
The Complex and Debated Role of NPEs in the Patent System, 56 Intellectual Asset Management 21 (2014) (with J. Kesan).
The Value of Open Data for Patent Policy, Patently-O Blog, Feb. 20, 2014, http://patentlyo.com/patent/2014/02/value-patent-policy.html.
Professor of Law and Director of the Center for Access to Justice & Technology
The College of Law Practice Management Gives Back, Law Practice, March/April 2015, at 12.
Inventing a 100% Future for Legal Aid, MIE Journal, Winter 2014, at 32.
Professor of Law and Faculty Director of the Center for Law and Computers
The Self, the Stasi, and the NSA: Privacy, Knowledge, and Complicity in the Surveillance State, ___ Minnesota Journal of Law, Science & Technology ___ (forthcoming 2016) (with R. Sloan).
A Modest Proposal to the NSA, ___ IEEE Signal Processing Magazine ___ (forthcoming) (with C. Kanich et al.).
Self, Privacy, and Power: Is It All Over?, 17 Tulane Journal of Technology & Intellectual Property 61 (2014) (with R. Sloan).
Beyond Notice and Choice: Privacy, Norms, and Consent, 14 Suffolk University Journal of High Technology Law 370 (2014) (with R. Sloan).
Why Those Corporate Data Breaches Are Happening, Crain's Chicago Business Online, Oct. 21, 2014 (with R. Sloan).
Is Copyright Infringement a Strict Liability Tort?, 30 Berkeley Technology Law Journal ___ (forthcoming 2015).
A Legal Realist Perspective on the Global Fair Use Revolution, ___ Berkeley Technology Law Journal Commentaries ___ (forthcoming 2015).
Corrective Justice and Copyright Infringement, 16 Vanderbilt Journal of Entertainment & Technology Law 251 (2014).
Why the U.K. Adaptation Right is Superior to the U.S. Derivative Work Right, 92 Nebraska Law Review 843 (2014).
Addressing Climate Change: Innovation, Collaboration (work-in-progress).