Category Archives: reading list

Reading list: Craswell on sports team nicknames

Richard Craswell, When Nicknames Were Crowd-Sourced ~ OR ~ How to Change a Team’s Nickname   Craswell is an excellent writer with an engaging topic even for a non-sports fan like me. Treat yourself to this short monograph.  Excerpt:   … Continue reading

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Reading list: cheap books and scientific progress

Barbara Biasi & Petra Moser, Does Cheap Access Encourage Science? Evidence from the WWII Book Replication Program. Abstract: Policies that reduce the costs of accessing prior knowledge (which is covered by copyrights) are becoming increasingly prominent, even though systematic empirical … Continue reading

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Reading list: copyrightability of plastination

Via Larry Solum.  I haven’t read this but I’ve been fascinated by plastination for years, and finally my interests unite.  Kirill Ershov, A Macabre Fixation: Is Plastination Copyrightable?: Abstract: Dr. Gunther von Hagens invented plastination as a process to preserve … Continue reading

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Reading list: Putting Intellectual Property in Its Place

Laura J. Murray, S. Tina Piper, & Kirsty Robertson, Putting Intellectual Property in Its Place: Rights Discourses, Creative Labor, and the Everyday: Coming at roughly the same time as Jessica Silbey’s The Eureka Myth, this book, like Silbey’s, challenges IP … Continue reading

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Reading list: facts versus opinions in mandatory disclosure

Daniel E. Herz-Roiphe, Stubborn Things: An Empirical Approach to Facts, Opinions, and the First Amendment From the intro: [This] essay reports the results of an original survey that presented respondents with the actual disclosures at issue in a number of … Continue reading

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Reading list: Orly Lobel on employment law as IP law

Orly Lobel, The New Cognitive Property: Human Capital Law and the Reach of Intellectual Property.  Abstract: Contemporary law has become grounded in the conviction that not only the outputs of innovation – artistic expressions, scientific methods, and technological advances – … Continue reading

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Reading list: irrationally sticky defaults

Robert Letzler, Ryan Sandler, Ania Jaroszewicz, Isaac Knowles, and Luke M. Olson, Knowing When to Quit: Default Choices, Demographics and Fraud, Oct. 8, 2014 Abstract: A long literature in psychology and economics has shown that default options influence consumer choices, … Continue reading

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Empirical IP Research Conference: copyright

Effect of Copyright Infringement on Creative Incentives Facilitator: Chris Sprigman (NYU) Panelists: Joel Waldfogel (Minnesota Carlson School of Management) Topic: The strengths and limits of the natural experiment methodology to explore the effects of piracy on both industry output and … Continue reading

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Empirical IP Research Conference: trademarks

Plenary Session: Measuring Consumer Confusion in Trademark Infringement Facilitator: Barton Beebe (NYU) Lanham Act: confusion is vaguely defined.  Used to include “purchasers” but Congress deleted that phrase.  43(a)’s language is even broader.  Flexible and slippery. Panelists: Joel Steckel (NYU Stern … Continue reading

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Reading list: is efficiency all there is in copyright?

Oren Bracha and Talha Syed, Beyond Efficiency: Consequence-Sensitive Theories of Copyright, 29 Berkeley Tech. L.J. (2014). The article’s argument is complicated and I would disserve it by trying to summarize, but a core point is that, to the extent that … Continue reading

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