Patent Law
America's First Patents, Florida Law Review (2012)
Courts and commentators vigorously debate early American patent history because of a spotty documentary record....
Patent Troll Myths, Seton Hall Law Review (2012)
It turns out that just about everything we thought about patent trolls – good or...
A Surprisingly Useful Requirement, George Mason Law Review (2011)
For 220 years, the Patent Act has required patentable inventions to be “new and useful.”...
Life After Bilski, Stanford Law Review (2011)
In Bilski v. Kappos, the Supreme Court declined calls to categorically exclude business methods -...
Forward to the Past, Cato Supreme Court Review (2010)
The Supreme Court’s decision in Bilski v. Kappos - banning all patents claiming ‘‘abstract ideas,’’...
Trade Secret and Information Law
A Failure of Uniform Laws?, U. Penn. L. Rev. PENNumbra (2010)
The Uniform Trade Secrets Act, adopted in forty-six states over 30 years, illustrates an important...
Trade Secret Law and Information Development Incentives, The Law and Theory of Trade Secrecy: A Handbook of Contemporary Research (2010)
Trade secrets differ from other forms of intellectual property in many subtle ways that affect...
Comments on Trade Secret Sharing in High Velocity Labor Markets, Employee Rights and Employment Policy Journal (2009)
This essay is an edited and supplemented version of comments made during the 2008 AALS...
Why Do We Have Trade Secrets?, Marquette Intellectual Property Law Review (2007)
Trade secrets are arguably the most important and most litigated form of intellectual property, yet...
How Can Whelan v. Jaslow and Lotus v. Borland Both be Right? Re-Examining the Economics of Computer Software Reuse, John Marshall Journal of Computer & Information Law (1999)
The basic economic goal of copyright law is to balance an author's incentive to create...
Cyberlaw
Virtual Rule of Law, West Virginia Law Review (2009)
This article, which follows a presentation at the West Virginia Law Review Digital Entrepreneurship Symposium,...
Virtual Third Parties, Santa Clara Computer and High Technology Law Journal (2009)
In virtual worlds, where 20 million people spend $200 million each year, rules of life...
Entrepreneurial Law
IP and Entrepreneurship in an Evolving Economy: A Case Study, ENTREPRENEURSHIP AND INNOVATION IN EVOLVING ECONOMIES: THE ROLE OF LAW (2012)
What if you built an intellectual property clinic and hardly anyone came? This brief book...