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I am grateful for the comments I received on earlier drafts from Richard Banks, Rebecca Brown, Janet Giele, Phoebe Haddon, Michael Helfand, Fred Schauer, and Molly Walker. I also received helpful feedback from the participants in workshops at Duke Law School, the University of Minnesota Law School, Stanford Law School, the University of Virginia School of Law, and Wake Forest School of Law, as well as from attendees at my keynote speech at the Lavender Law Conference in San Francisco in September 2008, and from participants in the MidAtlantic People of Color Legal Scholarship Conference at Temple University James E. Beasley School of Law in January 2009 and the Third National People of Color Legal Scholarship Conference at Seton Hall University School of Law in September 2010. Student workshops at the University of Virginia and at Fairhaven College, Western Washington University, also provided useful feedback. The University of Virginia School of Law reference librarians, including Ben Doherty and Alison White, provided superb assistance. A special thanks to Jared Campbell, Evan Didier, Sarah Fritsch, Sarah Johns, Tim Lovelace, Chris Mincher, and Hadi Sedigh for their diligent research assistance and very helpful discussions. I welcome comments at kimfm@virginia.edu.

For helpful comments, I thank Omri Ben-Shahar, Rebecca S. Eisenberg, Margaret J. Radin, and the participants in the Law and Economics workshop at the University of Michigan Law School and the Licensing of Intellectual Property Symposium at The University of Chicago Law School. The views expressed in this work, as well as all remaining errors, are, of course, my own.

I thank the John M. Olin Foundation and the Paul H. Leffmann Fund for their generous research support. I also thank Lorraine Saxton for able research assistance and Connie Fleischer, Sheri Lewis, and Margaret Schilt in the D’Angelo Law Library for helping to track down missing sources.

I thank Richard Epstein, Mark Lemley, Saul Levmore, Doug Lichtman, and participants at the Licensing of Intellectual Property Symposium at The University of Chicago Law School for helpful comments. I also thank Joe Bingham for excellent research assistance.

I am grateful to participants at the AALS section on Commercial Law and Related Consumer Law, Barry Adler, Oren Bar-Gill, Yannis Bakos, Kevin Davis, Clay Gillette, Lewis Kornhauser, Roberta Romano, and Jeff Wurgler for helpful comments. Mangesh Kulkarni provided excellent research assistance.