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Essay
83.4
In Memoriam: Abner J. Mikva (1926–2016)
Newton N. Minow
Senior Counsel, Sidley Austin, LLP; Former Chairman, Federal Communications Commission.

I was blessed to have Ab in my life from the very beginning.

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Essay
83.4
In Memoriam: Abner J. Mikva (1926–2016)
Ronald S. Miller
Partner, Miller Shakman & Beem, Chicago, Illinois.

Other contributors to this special issue celebrating the life of Abner Mikva will cover his many extraordinary accomplishments from another point of view. His story is truly a version of the “American Dream” writ large.

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Essay
83.4
In Memoriam: Abner J. Mikva (1926–2016)
Jack Marco
Treasurer, Mikva Challenge Foundation; Former Campaign Manager, Citizens for Mikva.

It all began for me in the fall of 1968. My hair was longer and a lot darker. I was just out of school and about to start my career as a teacher at Bloom Township High School.

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Essay
83.4
In Memoriam: Abner J. Mikva (1926–2016)
Elena Kagan
Associate Justice, Supreme Court of the United States.

I owe Ab Mikva a lot. He gave me my first real job, which was clerking for him. He recommended me for my second job, clerking for Justice Thurgood Marshall.

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Essay
83.4
In Memoriam: Abner J. Mikva (1926–2016)
Adam O. Emmerich
Adam O. Emmerich is a 1985 graduate of the Law School, and a partner at Wachtell, Lipton, Rosen & Katz in New York. He clerked for Judge Abner Mikva in 1985–86. Special thanks to my coclerks, Ronald D. Lee, of Arnold & Porter LLP, and Professor Andrew Leipold, the Edwin M. Adams Professor of Law at the University of Illinois College of Law, for their friendship and support, and their comments on this piece.

In death, as in life, Abner Mikva has been an inspiration to me.

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Essay
83.4
In Memoriam: Abner J. Mikva (1926–2016)
Douglas G. Baird
Harry A. Bigelow Distinguished Service Professor of Law, The University of Chicago Law School.

By the time I came to the Law School, Abner Mikva was firmly ensconced as a judge on the DC Circuit.

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Essay
83.4
In Memoriam: Abner J. Mikva (1926–2016)
Kenneth L. Adams
Partner, Adams Holcomb LLP, Washington, DC.

I first met Abner Mikva in May 1970, when he was a forty-four-year-old freshman congressman representing Hyde Park, Woodlawn, and South Shore.

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Article
83.2
Racially Polarized Voting
Christopher S. Elmendorf
Professor of Law, University of California, Davis, School of Law.
Kevin M. Quinn
Professor of Law, University of California, Berkeley, School of Law.
Marisa A. Abrajano
Associate Professor of Political Science, University of California, San Diego.

For helpful feedback, we thank Jack Chin, Heather Gerken, Ellen Katz, Nathaniel Persily, Michael Pitts, Bertrall Ross, David Schleicher, Douglas Spencer, Nicholas Stephanopoulos, faculty workshop participants at UC Davis School of Law, and the Articles Editors of The University of Chicago Law Review. We also acknowledge UC Davis law students Chané Buck, Chelsea Daughters, Andrew Doan, Joel Guerra, James Knauer, Lars Reed, Diem Ly Vo, and Zachary Zaharoff for their work coding cases. A codebook defining the fields that were used is available at http://lawreview.uchicago.edu/page/elmendorf-quinn-abrajano.

Introduction

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Book review
83.3
Courts of Good and Ill Repute: Garoupa and Ginsburg’s Judicial Reputation: A Comparative Theory
Tracey E. George
Charles B. Cox III and Lucy D. Cox Family Chair in Law and Liberty and Professor of Political Science, Vanderbilt University.
G. Mitu Gulati
Professor of Law, Duke University School of Law.

The authors thank the twenty-one judges in the Duke Judicial Studies LLM program (2016–17), Tom Ginsburg, and Jack Knight for comments. Susanna Rychlak provided excellent research assistance.

I.  The Core Claim

Courts Judges Judicial Decision-Making
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Article
83.3
The Dual-Grant Theory of Fair Use
Abraham Bell
Professor of Law, Bar-Ilan University Faculty of Law and University of San Diego School of Law.
Gideon Parchomovsky
Robert G. Fuller Jr Professor of Law, University of Pennsylvania Law School; Professor, Bar-Ilan University Faculty of Law.

Earlier versions of this Article were presented at the 2015 Intellectual Property Scholars Conference; the University of Pennsylvania Law School Center for Technology, Innovation and Competition’s 2015 Copyright Scholarship Roundtable; a workshop on the Oxford Handbook on Intellectual Property at Tel Aviv University; the Fourth Global Congress on Intellectual Property and the Public Interest at the National Law University, Delhi, India; and the 2015 annual conferences of the Association of Law, Property, and Society and the International Society for New Institutional Economics. This Article greatly benefited from the comments and criticisms of participants in those conferences, as well as from those of Larry Alexander, Shyamkrishna Balganesh, Oren Bracha, Ben Depoorter, Kristelia García, Jane Ginsburg, Brad Greenberg, Paul Heald, Justin Hughes, Roberta Kwall, Orly Lobel, Glynn Lunney, David McGowan, Joseph Miller, Justine Pila, Lisa Ramsey, Terrence Ross, Guy Rub, Matthew Sag, Pam Samuelson, Maimon Schwarzschild, Ted Sichelman, Steve Smith, Horacio Spector, Christian Turner, Chris Wonnell, and Christopher Yoo; and from excellent research assistance from Ananth Padmanabhan. We are especially grateful to Wendy Gordon for critical comments and constructive suggestions and for encouraging us to carefully rethink our original positions.

I.  Current Understandings of Fair Use

A.    The Market-Failure Understanding of Fair Use

Copyright Intellectual Property Law and Economics