Law and Economics

For helpful comments, thanks are owed to Michael Asimow, Frederic Bloom, Ann Carlson, Joshua Civin, Sharon Dolovich, Jerry Kang, Sung Hui Kim, Allison Orr Larson, Toni Michaels, Hiroshi Motomura, Susan Rose-Ackerman, Steven Schooner, Seana Shiffrin, Kirk Stark, David Super, Eugene Volokh, Stephen Yeazell, and Noah Zatz. Tal Grietzer, Joshua Mandlebaum, Laura Podolsky, Ira Steinberg, Cathy Yu, and the staff of the UCLA Law Library provided invaluable assistance. I am grateful also to the participants at the 2009 Southern California Junior Faculty Workshop at Pepperdine Law School, the 2010 Berkeley-UCLA Junior Faculty Exchange, the Chapman University School of Law Colloquium, as well as to the editors of The University of Chicago Law Review. This Article is dedicated to Anneliese Beth, who was born during the drafting of this project.

Thanks to Emily Buss, Dan Cole, Adam Cox, David Driesen, Frank Easterbrook, Jake Gersen, Martha Nussbaum, Arden Rowell, Adam Samaha, Tom Ulen, Adrian Vermeule, Sasha Volokh, David Weisbach, and participants at a workshop at The University of Chicago Law School for helpful comments, and to Charles Woodworth for excellent research assistance.

Thanks for helpful comments to Ittai Bar-Siman-Tov, Will Baude, Noa Ben-Asher, Brett Dakin, Elizabeth Emens, Robert Ferguson, Chad Flanders, Abbe Gluck, Jamal Greene, Adam Gustafson, Ranjit Hakim, Philip Hamburger, Joseph Landau, Jennifer Laurin, Henry Monaghan, Jessica Roberts, Bertrall Ross, Elizabeth Schneider, Henry Smith, James Stewart, Tracy Thomas, Andrew Varcoe, and workshop participants at Columbia 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.

This research has been supported by grants from the John M. Olin Foundation and the University of Virginia Law School Foundation. The authors wish to thank Diego Leclery, Nevin Tomlinson, and Michelle Grabner of the School of the Art Institute of Chicago for helping organize the study and Meg Scalia, Lindsay Bartlett, Doug Boyle, and Daniel Crone for their superb research assistance. The authors are grateful for helpful comments received from Margo Bagley, Tom Chen, John Duffy, Dave Fagundes, Dan Gilbert, Wendy Gordon, Paul Heald, Laura Heymann, Andy Johnson-Laird, Kay Kitagawa, Ed Kitch, Oskar Liivak, Orly Lobel, Lydia Loren, Jonathan Masur, Greg Mitchell, Jeff Rachlinski, Matt Sag, Rebecca Tushnet, Alfred Yen, and participants at the Licensing of Intellectual Property Symposium at The University of Chicago Law School, the Intellectual Property Scholars Conference at the UC Berkeley School of Law, and workshops at the UCLA School of Law, the Lewis & Clark Law School, and the University of Michigan Law School.

I am grateful to Lee Fennell, Saul Levmore, Ariel Porat, David Schwartz, and participants at two workshops in Chicago for helpful discussions.

For particularly helpful comments, I am grateful to Margaret Blair, George S. Geis, Jeffrey N. Gordon, Allan L. Gropper, Rich Hynes, Stacey Iris, Robert J. Jackson Jr, Alvin K. Klevorick, Jody S. Kraus, Jonathan M. Landers, Paul G. Mahoney, Richard G. Mason, Richard A. Posner, Randall S. Thomas, and William H. Widen. This Article also benefited from discussions at faculty workshops at Vanderbilt University Law School and the University of Virginia School of Law. Gabriel Gillett provided excellent research assistance.