In this six-page magazine piece, I consider how First Amendment jurisprudence accounts for the possibility of listener self-help. My starting point is the observation that, in this context, the existence of a cost-effective self-help remedy has long been taken to be a good reason to disallow...

Until recently, successful patent plaintiffs would almost always be awarded injunctions against future infringement. Thanks to a recent change in remedies jurisprudence, however, patent plaintiffs today are often denied injunctions and awarded, instead, ongoing royalties. This change was made...

Michael Heller’s The Gridlock Economy popularizes a concept that Heller has developed over nearly two decades of influential academic writing: the notion that, when it comes to property rights, too many rights-endowed cooks really can spoil the broth. I was asked in this conference to apply...

In a typical agreement between a buyer and a seller, price is one of the central terms specified in the deal. Yet, in a surprisingly large number of technology agreements, patent holders today are choosing to leave out that critical detail. Instead, in these modern agreements, patent holders...

In 2006, Paramount Pictures partnered with other Viacom subsidiaries to sue YouTube (the online video-sharing site) for copyright infringement. Ever since, the nation’s newspapers, blogs and airwaves have been abuzz with commentary. Many commentators have taken the position that Paramount and...