Vol. 78, Issue 1, Winter 2011

Symposium: The Licensing of Intellectual Property

Damages for Unlicensed Use
Omri Ben-Shahar

The Creativity Effect
Christopher Buccafusco & Christopher Jon Sprigman

Patent Costs and Unlicensed Use of Patented Inventions
Rebecca S. Eisenberg

Questioning the Frequency and Wisdom of Compulsory Licensing for Pharmaceutical Patents
Richard A. Epstein & F. Scott Kieff

Defending Disclosure in Software Licensing
Robert A. Hillman & Maureen O’Rourke

Practicing in the Patent Marketplace
Anne Kelley

Who Chooses Open-Source Software?
Mark A. Lemley & Ziv Shafir

Will Increased Disclosure Help? Evaluating the Recommendations of the ALI’s “Principles of the Law of Software Contracts”
Florencia Marotta-Wurgler

Patent Liability Rules as Search Rules
Jonathan S. Masur

The Tory Anarchism of F/OSS Licensing
David McGowan

The Razors-and-Blades Myth(s)
Randal C. Picker

Contracting around Copyright: The Uneasy Case for Unbundling of Rights in Creative Works
Guy A. Rub

Article

Tradition as Justification: The Case of Opposite-Sex Marriage
Kim Forde-Mazrui

Comment

CAFA and Parens Patriae Actions
Dwight R. Carswell

Book Review

Executive Power and the Discipline of History
Julian Davis Mortenson
A Review of "Crisis and Command: The History of Executive Power from George Washington to George W. Bush," "War by Other Means: An Insider's Account of the War on Terror," and "The Powers of War and Peace: The Constitution and Foreign Affairs;" all by John Yoo