Unilateral refusals to license intellectual property rights are almost never antitrust violations, as is true of most unilateral refusals to deal. Concerted refusals to deal are treated more harshly under the antitrust laws because they can facilitate collusion or, in the case of technology,...

This document contains the table of contents, introduction, and a brief description of Christina Bohannan & Herbert Hovenkamp, Creation without Restraint: Promoting Liberty and Rivalry in Innovation (Oxford 2011). Promoting rivalry in innovation requires a fusion of legal policies drawn from...

In Real Copyright Reform Professor Jessica Litman argues that we can avoid confusion in the licensing of overlapping rights by adopting a rule that: “Any transfer of a part of a copyright should be understood to carry with it any rights necessary to allow its exercise and license; entities who...

Few judicial decisions in recent years have captured the attention of lawmakers, practitioners, and academics more than the Supreme Court's decisions dealing with state sovereign immunity. Holding that Congress may not abrogate state sovereign immunity from federal statutory claims when acting...