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84 Special
Remembering the Boss
Jonathan F. Mitchell
Visiting Professor of Law, Stanford Law School.

Thanks to Will Baude, Vince Buccola, Richard Epstein, Ashley Keller, Adam Mortara, Nick Rosenkranz, James Sullivan, and David Strauss for comments.

Justice Scalia never liked tributes or accolades.

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84 Special
Justice Scalia’s Other Standing Legacy
Tara Leigh Grove
Professor of Law, William and Mary Law School; Visiting Professor, Harvard Law School.

I am grateful to Curt Bradley, Aaron Bruhl, Neal Devins, Vicki Jackson, Alli Larsen, Henry Monaghan, Jonathan Nash, and Jim Pfander for helpful comments on earlier drafts. I also appreciate the suggestions of participants at a faculty workshop at William and Mary Law School.

Everyone in the legal community knows about Lujan v Defenders of Wildlife.

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84 Special
Scalia in the Casebooks
Brian T. Fitzpatrick
Professor of Law, Vanderbilt University Law School; JD 2000, Harvard Law School; Law Clerk, Justice Antonin Scalia, 2001–2002.

I am deeply indebted to my colleague Ed Cheng for his insights on the data analysis.

Paulson K. Varghese
JD Candidate 2018, Vanderbilt Law School.

In the time since Justice Antonin Scalia’s untimely death, much has been written about what his influence has been and what his influence will be. It is said that, perhaps more than any of his predecessors, he shaped how lawyers, judges, and even laypeople see the role of unelected federal judges in a democratic society.

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84 Special
Originalism as a Constraint on Judges
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.

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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.

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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.

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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.

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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.

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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.