• Publications
  • Influence
Sex In and Out of Intimacy
The state has long attempted to regulate sexual activity by channeling sex into various forms of state-supported intimacy. Although commentators and legal scholars of diverse political perspectivesExpand
Copyright’s Private Ordering and the 'Next Great Copyright Act'
Private ordering plays a significant role in the application of intellectual property laws, especially in the context of copyright law. In this Article, I highlight some of the dominant modes ofExpand
Initial Interest Confusion: Standing at the Crossroads of Trademark Law
While the benchmark of trademark infringement traditionally has been a demonstration that consumers are likely to be confused by the use of a similar or identical trademark to identify the goods orExpand
The Questionable Use of Custom in Intellectual Property
The treatment of customary practices has been widely debated in many areas of the law, but there has been virtually no discussion of how custom is and should be treated in the context of intellectualExpand
Custom, Comedy and the Value of Dissent
In this essay, I comment on Dotan Oliar and Christopher Sprigman's article, There's No Free Laugh (Anymore): The Emergence of Intellectual Property Norms and the Transformation of Stand-Up Comedy, 94Expand
Freedom of Speech and True Threats
This article proposes a new test for determining what is a true threat - speech not protected by the First Amendment. Despite the importance of the true threats exception to the First Amendment, thisExpand
The First Amendment and the Right(s) of Publicity
The right of publicity protects persons against unauthorized uses of their identity, most typically their names, images, or voices. The right is in obvious tension with freedom of speech. Yet courtsExpand
The Other Side of Garcia: The Right of Publicity and Copyright Preemption
This essay is adapted from a talk that I gave on October 2, 2015 at Columbia Law School’s annual Kernochan Center Symposium. The all-day conference focused on Copyright Outside the Box. The essayExpand
4. A Star Explodes