IP Faculty Scholarship
Recent Intellectual Property Publications
Distinguished Professor of Law and Director of the Institute for Science, Law and Technology
An Informed Consent Model for Privacy and Data Collection in the Gameful World, in The Gameful World (S. Walz & S. Deterding eds., MIT Press, forthcoming 2014).
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 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).
Privacy and Technology: A 125-Year Review, in Then & Now: Stories of Law and Progress (Lori Andrews & Sarah Harding eds., IIT Chicago-Kent College of Law 2013).
I Know Who You Are and I Saw What You Did: Social Networks and the Death of Privacy (Free Press 2012, paperback 2013).
War Crimes: An Allied Tribunal Brings Nazi Leaders to Account, ABA Journal, Nov. 2013, at 39.
Where's Waldo?: Geolocation, Mobile Apps and Privacy, The SciTech Lawyer, Summer 2013, at 6.
American Medical Association, American Society of Human Genetics, American College of Obstetricians and Gynecologists, Amicus Curiae American Osteopathic Association, American College of Legal Medicine, and the Medical Society of the State of New York in Support of Petitioners as Amici Curiae in Support of Petitioners, Association for Molecular Pathology v. Myriad Genetics Inc., No. 12-398 (S. Ct. Jan. 29, 2013).
Associate Professor of Law and Co-Director of the Center for Empirical Studies of Intellectual Property
Happiness and the Law (University of Chicago Press, forthcoming 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).
The Moral Foundations of Copyright (with D. Fagundes) (work in progress).
Well-Being Analysis vs. Cost-Benefit Analysis, 62 Duke Law Journal 1603 (2013) (symposium) (with J. Bronsteen & J. Masur).
Do Bad Things Happen When Works Enter the Public Domain?: Empirical Tests of Copyright Term Extension, 28 Berkeley Technology Law Journal 1 (2013) (with P. Heald).
What's a Name Worth? Experimental Tests of the Value of Attribution in Intellectual Property, 93 Boston University Law Review 1389 (2013) (with C. Sprigman & Z. Burns).
Associate Professor of Law
Then & Now: Stories of Law and Progress (Lori Andrews & Sarah Harding eds., IIT Chicago-Kent College of Law 2013).
Professor of Law and Director of the Program in Intellectual Property Law
The Global Trade Mark, 35 University of Pennsylvania Journal of International Law ___ (forthcoming 2014).
Trademark Protection and Territoriality: Challenges in the Global Economy (I. Calboli & Edward Lee eds., Elgar 2014).
The Fight for the Future: How People Defeated Hollywood and Saved the Internet—For Now (2013).
Copyright-Exempt Nonprofits: A Simple Proposal to Spur Innovation, 45 Arizona State Law Journal 1433 (2013).
Professor of Law and Director of the Graduate Program in Financial Services Law
Sharing Public Safety Helicopters, ___ Journal of Air Law & Commerce ___ (forthcoming) (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).
What's a Telegram?, in Then & Now: Stories of Law and Progress (Lori Andrews & Sarah Harding eds., IIT Chicago-Kent College of Law 2013).
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
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).
Unpacking Patent Assertion Entities, ___ Minnesota Law Review ___ (forthcoming) (with J. Kesan & C. Cotropia).
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.
Standards of Proof in Civil Litigation: An Experiment from Patent Law, 26 Harvard Journal of Law & Technology 429 (2013) (with Christopher Seaman).
Professor of Law and Director of the Center for Access to Justice & Technology
Access to Justice and Technology Clinics, A 4% Solution, 88 Chicago Kent Law Review 695 (2013) (with Andrew P. Medeiros) (symposium).
Introduction, Justice, Lawyering and Legal Education in the Digital Age, 88 Chicago-Kent Law Review 687 (2013) (symposium editor with M. Lauritsen).
Professor of Law and Faculty Director of the Center for Law and Computers
Self, Privacy, and Power: Is It All Over?, ___ Tulane Journal of Technology & Intellectual Property ___ (forthcoming 2014) (with R. Sloan).
A Modest Proposal to the NSA, ___ IEEE Signal Processing Magazine ___ (forthcoming 2014) (with C. Kanich et al.).
Beyond Notice and Choice: Privacy, Norms, and Consent, 14 Suffolk University Journal of High Technology Law 370 (2014) (with R. Sloan).
Behavioral Advertising: From One-Sided Chicken to Informational Norms, 15 Vanderbilt Journal of Entertainment and Technology Law 49 (2013) (with R. Sloan).
Unauthorized Access: The Crisis in Online Privacy and Security (Chapman and Hall/CRC Press 2013) (with R. Sloan).
Big Data and the "New" Privacy Tradeoff, Big Data and Privacy: Workshop Proceedings, Future of Privacy Forum 110 (2013) (with R. Sloan).
Austin, J. L., in Wiley-Blackwell's International Encyclopedia of Ethics (H. LaFollette ed., 2013).
Paul Grice, in Stanford Encyclopedia of Philosophy (2005, rev. 2013) (with R. Grandy).