Prof. Michael Risch on “Paths or Fences”

Professor Michael Risch, of Villanova (congrats Wildcats, BTW!), has a review of “Paths or Fences: Patents, Copyrights, and the Constitution” up at Written Description. “Well-reasoned” is about the nicest thing one can possibly say about an article, and the rest of the review is similarly generous, thoughtful, and thought-provoking. Prof. Risch is also a frequent […]

Paths or Fences: Patents, Copyrights, and the Constitution

I have a draft article up on SSRN, titled “Paths or Fences: Patents, Copyrights, and the Constitution” (forthcoming Iowa Law Review). Here’s the abstract: Congressional power over patents and copyrights flows from the same constitutional source, and the doctrines have similar missions. Yet the Supreme Court has approached these areas from distinctly different angles. With […]

An American served >1 year in prison for conduct that is 100% legal in Europe. But it’s not drugs. It’s copyright. Here’s why it matters.

The Administration is receiving some unusual advice from the content industries as it undertakes to renegotiate the North American Free Trade Agreement (NAFTA). It’s not surprising that content providers would weigh in, given the multiple obligations Article 17 of NAFTA imposes on Canada, Mexico, and the United States concerning intellectual property protections. If it’s your […]

Is Copyright’s Muddled “Conceptual Separability” Doctrine Coming to Patent Law?

In Samsung Electronics Co. v. Apple Inc., 137 S. Ct. 429 (2016), the Supreme Court held that damages for infringement of a design patent could properly be awarded even even where the patent covered only an individual component of the product as sold to to consumers rather than the design of the product as a […]

Fake News and the First Amendment

Mark Verstraete and I are at a great symposium on Fake News and the First Amendment, run by UNC-Chapel Hill’s First Amendment Law Review. We will have a draft of our article available soon – for now, here’s a link to our white paper on fake news. Many thanks to Mary-Rose Papandrea, David Ardia, and […]

Come See The Slants at Arizona Law!

The Slants – fresh off their win at the Supreme Court in Matal v. Tam – are coming to Arizona Law! You’re invited both to Simon Tam’s talk about his experience litigating over whether the band’s name could be registered as a mark, and also to their concert. Details below. When: Tuesday, 12 September 2017 […]

Product-Defining Speech

The state of Florida requires all milk sold in the state to contain Vitamin A. Thus, skim milk products, which have most of the naturally-occurring Vitamin A skimmed off with the cream, has to be fortified with added Vitamin A in order to meet Florida’s standards. This was a problem for the Ocheesee Creamery, which […]

Identifying and Countering Fake News: New Study Published

Fake news has become a controversial topic, with media organizations, scholars, and even the President of the United States debating the issue. However, it’s not clear what counts as “fake news.” This makes it difficult to diagnose the social harms from fake news, or to create solutions to them. A new report, “Identifying and Countering […]

The Slants Visit Arizona Law

The Slants – the first and only Asian-American dance rock band in the world, and Supreme Court litigants in Lee v. Tam – are coming to Tucson! Founder and bassist Simon Tam will give a public talk at 12:00PM on Thursday, April 6, and the band will perform a concert at 7:30PM. Both events are at the […]

Graduate Research Fellow in Privacy and Freedom of Speech – Apply!

The University of Arizona James E. Rogers College of Law welcomes applications for a graduate research fellowship beginning in October / November 2016 and ending in summer / fall 2017. The Fellow will work with Professors Derek Bambauer and Jane Bambauer on a series of projects related to privacy, transparency, and free speech, including a major research […]