Articles

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The Google Book Settlement And The Fair Use Counterfactual, New York Law School Law Review (2010)

The sprawling Google Book litigation began as a dispute between the search engine colossus and...

 

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Taking the Measure of Ideology: Empirically Measuring Supreme Court Cases (with Tonja Jacobi), The Georgetown Law Journal (2009)

Empirical legal studies have become increasingly popular and influential, but empirical analysis is only as...

 

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Copyright and Copy-Reliant Technology, Northwestern University Law Review (2008)

This article studies the rise of copy-reliant technologies – technologies such as Internet search engines...

 

Unpublished Papers

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Fairly Useful: An Empirical Study of Copyright’s Fair Use Doctrine, ExpressO (2011)

Fair use is often criticized as unpredictable and doctrinally incoherent—a conclusion which necessarily implies that...

 

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Predicting Fair Use, ExpressO (2011)

Fair use is often criticized as unpredictable and doctrinally incoherent—a conclusion which necessarily implies that...

 

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The Pre-History of Fair Use, ExpressO (2010)

This article reconsiders the history of copyright’s pivotal fair use doctrine. The history of fair...

 

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The Google Book Settlement And The Fair Use Counterfactual, ExpressO (2009)

This Article compares the pending settlement between Google and the representative author and publisher plaintiffs...

 

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The Effect Of Judicial Ideology In Intellectual Property Cases (with Tonja Jacobi and Maxim Sytch) (2007)

This article investigates the relationship between ideology and judicial decision-making in the context of intellectual...

 

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Patent Reform and Differential Impact (with Kurt Rohde), ExpressO (2006)

This article presents a new method of analyzing patent reform proposals through the use of...

 

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Beyond Abstraction, the Law and Economics of Copyright Scope and Doctrinal Efficiency, ExpressO (2006)

Uncertainty as to the optimum extent of protection has generally limited the capacity of law...

 

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God in the Machine: A New Structural Analysis of Copyright's Fair Use Doctrine, Northwestern Law Legal Working Paper Series (2005)

This article is a broad reconceptualization of the role of fair use within copyright law....