Aesthetic judgments are “dangerous undertakings” for courts, but they are unavoidable in copyright law. In theory, copyright does not distinguish between works on the basis of aesthetic values or merit (or lack thereof), and courts often go to great lengths to try to avoid artistic...

This article evaluates two alternative standards for resetting property assessments on title transfer in property tax systems like Oregon's and California's, which are explicitly designed to protect property owners against rapid, unanticipated increases in their tax bills: California's reset to...

Copyright enforcement is riddled with false positives. A false positive occurs when enforcement actions are taken against uses that are not actual infringements. Far from benign occurrences, copyright false positives inflict significant social harm in the form of increased litigation and...