Oren Bracha

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Pointless IP

This Essay examines the rise of originalism and textualism within the Supreme Court’s intellectual-property jurisprudence. Due to its intense dynamism, intellectual-property law exposes the failures of these methods, which detach law from social reality and human goals, and highlights the need for an alternative jurisprudence of purpose.

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The Ideology of Authorship Revisited: Authors, Markets, and Liberal Values in Early American Copyright

118 Yale L.J. 186 (2008). The concept of the author is deemed to be central to copyright law. An important strand of copyright scholarship explores how the development of modern copyright law was intertwined with the rise of a new ideology of authorship as an individualist act of creation ex nihilo. This Article remedies two common shortcomings of this scholarship:...