Print Archive | The University of Chicago Law Review

Article

84 Special

William Baude

Neubauer Family Assistant Professor of Law, The University of Chicago Law School.

I appreciate helpful and timely comments from Samuel Bray, Jud Campbell, Jonathan Mitchell, Richard Primus, Richard Re, Stephen Sachs, Lawrence Solum, and the editors of The University of Chicago Law Review, as well as research support from the SNR Denton Fund and the Alumni Faculty Fund.

One of Justice Antonin Scalia’s greatest legacies is his promotion of constitutional originalism.

Essay

84 Special

Congressional Insiders and Outsiders

Amy Coney Barrett

Diane and M.O. Miller II Research Chair in Law and Professor of Law, Notre Dame Law School.

When Justice Antonin Scalia began writing about statutory interpretation, he attacked the then-dominant proposition that the point of statutory interpretation is to identify and enforce Congress’s unenacted purposes.

Article

78.1

Contracting around Copyright: The Uneasy Case for Unbundling of Rights in Creative Works

Guy A. Rub

Associate, Munger, Tolles & Olson LLP; SJD Candidate 2011, University of Michigan Law School

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.

Article

78.1

The Razors-and-Blades Myth(s)

Randal C. Picker

Paul and Theo Leffmann Professor of Commercial Law, The University of Chicago Law School; Senior Fellow, The Computation Institute of The University of Chicago and Argonne National Laboratory

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.

Intellectual Property Legal History Licensing

Article

78.1

The Tory Anarchism of F/OSS Licensing

David McGowan

Lyle L. Jones Professor of Competition and Innovation Law, University of San Diego School of Law

Intellectual Property Licensing Technology

Article

78.1

Patent Liability Rules as Search Rules

Jonathan S. Masur

Assistant Professor, The University of Chicago Law School

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.

Intellectual Property Law and Economics Patent

Article

78.1

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

Florencia Marotta-Wurgler

Professor of Law, New York University School of Law

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.

Intellectual Property Licensing Technology

Article

78.1

Who Chooses Open-Source Software?

Mark A. Lemley

William H. Neukom Professor of Law, Stanford Law School; Partner, Durie Tangri LLP

Ziv Shafir

Medical Device Fellow, US Food and Drug Administration, 2008–2009; JD Candidate 2012, Stanford Law School

Intellectual Property Law and Economics Licensing Technology

Article

78.1

Practicing in the Patent Marketplace

Anne Kelley

Associate General Counsel and former General Manager of Intellectual Property Licensing, Microsoft Corporation

Intellectual Property Law and Economics Patent

Article

78.1

Defending Disclosure in Software Licensing

Robert A. Hillman

Edward H. Woodruff Professor of Law, Cornell Law School

Maureen O’Rourke

Dean, Professor of Law, and Michaels Faculty Research Scholar, Boston University School of Law

The authors thank George Hay, Stewart Schwab, and the faculties of Boston University School of Law and Cornell Law School for their comments. Daniel Forester provided excellent research assistance.

Intellectual Property Licensing Technology

Article

78.1

Questioning the Frequency and Wisdom of Compulsory Licensing for Pharmaceutical Patents

Richard A. Epstein

Laurence A. Tisch Professor of Law, New York University Law School; Peter and Kirstin Bedford Senior Fellow, The Hoover Institution; James Parker Hall Distinguished Service Professor Emeritus of Law and Senior Lecturer, The University of Chicago Law School

F. Scott Kieff

Professor of Law, The George Washington University Law School; Ray & Louise Knowles Senior Fellow, The Hoover Institution

A draft version of this paper was presented at the Licensing of Intellectual Property Symposium held at The University of Chicago Law School on June 18 and 19, 2010. This work is part of the ongoing Hoover Institution Project on Commercializing Innovation, which studies the law, economics, and politics of innovation and which is available online at http://www.innovation.hoover.org. We thank Kevin Outterson, Associate Professor at Boston University School of Law, for pointing out our errors in reading the emergency conditions in TRIPS Article 31 in an earlier version of this paper and Brett Davenport, New York University Law School, Class of 2012 for his prompt and expert research assistance.

Food and Drug Law Intellectual Property Licensing Patent

Article

78.1

Patent Costs and Unlicensed Use of Patented Inventions

Rebecca S. Eisenberg

Robert and Barbara Luciano Professor of Law, University of Michigan Law School

I am grateful to participants in the Licensing of Intellectual Property Symposium at The University of Chicago Law School for helpful comments on an earlier draft.

Intellectual Property Licensing Patent