This article focuses on the narrow issue of the rationality of end user litigation by the recording industry against individual file-sharers. The illogic of the recording industry's present strategy has been argued by a number of commentators who also believe the practice to be undesirable from...

This article presents a new method of analyzing patent reform proposals through the use of differential impact analysis. Congressional efforts to address the crisis of confidence in the U.S. patent system have failed up to the present day. If Congress is to have any hope of passing much needed...

We assess changes to oral argument at the U.S. Supreme Court precipitated by the COVID-19 pandemic and the degree to which those changes persisted once the justices became used to the new procedures. To do so, we examine whether key attributes of these proceedings changed as the Court...

This article is a broad reconceptualization of the role of fair use within copyright law. Fair use is commonly thought of as just one of many exceptions limiting copyright, in contrast, this article shows that fair use has actually enabled the expansion of copyright protection. Fair use has an...

Although the very concept of law school rankings is currently under fire, rankings abolitionism is misplaced. Given the number, diversity, and geographic dispersion of the more than 190 law schools fully accredited by the American Bar Association, rankings are essential to enable various...

For over a century and with increasing frequency, major controversies have erupted between large distributors of copyrighted works (song publishers, movie studios, record labels, book publishers, etc.) and makers of new technologies for experiencing those works (player piano manufacturers, VCR...

This article reconsiders the history of copyright’s pivotal fair use doctrine. The history of fair use does not in fact begin with early American cases such as Folsom v. Marsh in 1841, as most accounts assume - the complete history of the fair use doctrine begins with over a century of...