Avoiding the Prisoner’s Dilemma: Refining the Bruton Rule to Resolve the Split Over Neutral Term Substitution
Imagine three men—Alex, Brian, and Chris—who rob and kill a young woman in the parking lot of a Pennsylvania shopping… Continue reading →
Essay
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Auditing Algorithms for Discrimination
As reliance on algorithmic decisionmaking expands, concerns are growing about the potential for arbitrary, unfair, or discriminatory outcomes in areas… Continue reading →
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The Unicorn Governance Trap
This Essay highlights emerging governance problems presented by persistent Unicorns. It argues that recent market trends and deregulatory reforms have… Continue reading →
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Fit to Play in the NBA? Reconciling the Collective Bargaining Agreement with the Americans with Disabilities Act
In this Essay, we assert that, despite what is written in the collective bargaining agreement (CBA), NBA players should—and in… Continue reading →
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Clarifying the “Clear Meaning” of Separability
Speaking of the Copyright Act of 1909, noted copyright scholar Benjamin Kaplan had this to say about the role of… Continue reading →
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The Sum is More Public Domain than its Parts?: US Copyright Protection for Works of Applied Art Under Star Athletica’s Imagination Test
In Star Athletica v. Varsity Brands, the Supreme Court granted certiorari to resolve confusion in the lower courts regarding the… Continue reading →
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What is a “Useful Article” in Copyright Law After Star Athletica?
The U.S. Supreme Court granted certiorari in Star Athletica, LLC v. Varsity Brands, Inc. to decide “[w]hat is the appropriate… Continue reading →
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Forgetting Functionality
In Star Athletica, LLC v. Varsity Brands, Inc., the U.S. Supreme Court had an opportunity to clarify copyright law’s treatment… Continue reading →
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Knowing Separability When We See It
According to the majority in Star Athletica v. Varsity Brands, features that are incorporated into a useful article are separable,… Continue reading →
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Star Athletica’s Fissure in the Intellectual Property Functionality Landscape
In a perverse twist, the Supreme Court’s 2017 Star Athletica copyright decision might have more significant effects on design patent… Continue reading →