Author(s): Deirdre K. Mulligan Year: 2014 Abstract: Brief amicus curiae in case arguing that legislative history of Foreign Intelligence Surveillance Act demonstrates that Congress intended that FISA be the exclusive means by which the Executive could conduct electronic surveillance for foreign intelligence purposes. Keywords: national security, FISA, foreign intelligence, warrantless wiretapping, state secrets, NSA Link: […]
Brief Amicus Curiae of People for the American Way Foundation in Support of Plaintiffs-Appellees, Hepting v. AT&T Corp., No. 06-17132 (9th Cir. 2007)
Rules of the Road for Space?: Satellite Collisions and the Inadequacy of Current Space Law
Author(s): Year: Abstract: The February 2009 collision of a dead Russian satellite with an Iridium communications satellite left a cloud of debris in orbit and a number of questions on earth as to why and how it happened and who was responsible. Contrary to some popular impressions, outer space is not a lawless region, but […]
The Concept of Property in the Digital Era
Author(s): Robert P. Merges Year: 2009 Abstract: In this Essay I argue that the basic case for property is still a very strong one. Individual control over individual assets still makes sense. I defend property rights in digital creations in the face of two general scholarly critiques: The first is what I call digital determinism […]
From Victorian Secrets to Cyberspace Shaming
Author(s): Paul M. Schwartz Year: 2009 Abstract: Worrying about privacy is a growth industry. The public is highly concerned about how its personal information is collected, stored, and processed. Technology companies compete to create new applications that will analyze personal data and meet new needs, such as the ability to broadcast one’s GPS data to […]
Brief of 25 Intellectual Property Law Professors in Kirtsaeng v. John Wiley & Sons, No. 11-697
Author(s): Jason Schultz Year: 2012 Abstract: The first sale doctrine has long provided that legitimate owners of non-infringing copies of copyrighted works may use and sell their copies as they see fit — just as all property owners may generally use and alienate their property. In keeping with that rationale, the doctrine traditionally applied to […]
Statutory Damages: A Rarity in Copyright Laws Internationally, But for How Long?
Author(s): Pamela Samuelson Year: 2013 Abstract: American copyright professionals may be so accustomed to the current domestic regime of statutory damages that it may come as a surprise to learn that very few countries in the world have anything comparable. Our survey of 177 World Intellectual Property Organization member states reveals that the United States […]
Economics of IP Law
Author(s): Robert P. Merges Year: 2014 Abstract: This Chapter highlights two major differences between early or “first wave” scholarship in the field of intellectual property (IP) law, and the work of more contemporary “second wave” researchers: (1) increased attention to IP rights in a broader economic context (contextualization); and (2) greater methodological diversity. This Chapter […]
Research Handbooks on Intellectual Property Law Series, Edward Elgar Publishers (Series Editor)
Author(s): Robert P. Merges Year: 2013 Abstract: ‘The Handbook brings together a unique collection of world renowned experts providing detailed discussion in every chapter. The brilliance of this collective work is found in its broad two dimensional focus – beyond patents to all key IP assets on the one hand, and country specific discussion for […]
Back to the Shadows, or Onward and Upward? Current Trends in Patent Law
Author(s): Robert P. Merges Year: 2007 Abstract: N/A Keywords: patent, Supreme Court, Hal Wegner Link: http://patentlyo.com/jobs/2007/01/merges_back_to_.html
An Essay on the Legacy of Chisum on Patents
Author(s): Robert P. Merges Year: 2014 Abstract: Robert Merges originally wrote this essay, previously unpublished, on the thirtieth anniversary of Chisum on Patents: A Treatise on the Law of Patentability, Validity and Infringement (1978-present). In the essay, Merges discusses the world of patent law scholarship in the 1970s and the significant effect Chisum’s treatise had within the […]