Commentary about the Supreme Court’s 2021 decision in United States v. Arthrex, Inc., has focused on the nexus of patent and administrative law. But this overlooks a seismic and as-yet unappreciated copyright implication of the decision: it renders the Copyright Royalty Board (CRB)...

The law increasingly treats copyright as if it were any other form of property, and numerous writers decry this trend. In particular, scholars who express solicitude for the public domain fear that the propertization of copyright means an inevitable accretion of private rights in information at...

Judges, commentators, and practitioners alike agree that the final factor of copyright's four-part statutory fair use defense to copyright infringement requires judges to consider “market harm.” That is, all sources understand this fair use factor to require analysis only of the deleterious...

Copyright infringement is said to be socially costly because it robs owners of due recompense and depresses incentives for creative production. This Article contends that in order to achieve copyright's goal of maximizing cultural production, this dominant story of infringement's costs requires...

The twin notions of exclusion and possession dominate our cultural and legal conceptions of property. This Article uses the lens of hedonics — the emergent science of happiness — to make a case for the less appreciated notions of inclusion and dispossession. Evidence from this new field...

Acquiring property is a central part of the modern American vision of the good life. The assumption that accruing more land or chattels will make us better off is so central to the contemporary preoccupation with acquisition that it typically goes without saying. Yet an increasing body of...

This Article provides a novel investigation of how law both enables and constrains the ability of city residents to claim, name, and often rename their neighborhoods. A rich interdisciplinary dialogue in areas such as geography and sociology has emerged on the significance of place names, but...

Deciding a patent's validity is costly, and so is deciding it incorrectly. Judges and juries must expend significant resources in order to reach a patent validity determination that is properly informed by the relevant facts. At the same time, patent validity determinations reached quickly and...

The progression toward reevaluating patent validity in the administrative, rather than judicial, setting became overtly substitutionary in the America Invents Act. No longer content to encourage court litigants to rely on Patent Office expertise for faster, cheaper, and more accurate validity...