IP Law Professor and Lawyer: papers.ssrn.com/sol3/cf_dev/…

Joined May 2008
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20 Aug 2021
Interested in some pro bono work. Former tech trans attorney @ WSGR & Amazon w experience in open source, contracts, product counseling & IP generally (not patent prosecution). If you or someone you know has needs in these areas but no means, DM me & we'll see if we're a match.
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Check out my colleagues @williamsxlucy' and @dcarolinanunez's essay on @jackbalkin's blog about their birthright citizenship article: balkin.blogspot.com/2026/05/…

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Had a great time at @BerkeleyTechLJ and @ColumbiaLaw Kernochan Center's symposium on the 50th anniversary of the 1976 Copyright Act. Thanks to @PamelaSamuelson, Peter Menell, @mollysvh, @ErikStallman, Richard Fisk, and others for a great event!
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Banger from two of my colleagues @williamsxlucy and @dcarolinanunez. @byul
The debate over birthright citizenship has focused on the words "subject to the jurisdiction." But the Constitution's answer isn't hiding in those five words alone — it's woven throughout the entire document. A thread on @dcarolinanunez and my new paper: papers.ssrn.com/sol3/papers.…
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Clark Asay retweeted
The debate over birthright citizenship has focused on the words "subject to the jurisdiction." But the Constitution's answer isn't hiding in those five words alone — it's woven throughout the entire document. A thread on @dcarolinanunez and my new paper: papers.ssrn.com/sol3/papers.…

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Clark Asay retweeted
🚨 New Paper Alert 🚨 Perhaps the most pressing question facing the legal community is how AI affects human legal reasoning. Our new co-authored draft provides the first empirical evidence directly addressing that question. papers.ssrn.com/sol3/papers.…

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I agree with all of this except the last sentence. You're still thinking in most cases of AI use, at least in situations where you're using it to enhance what you're doing rather than just pure substitution.
Shout it from the rooftops!!! Research is thinking. Outlining is thinking. Writing is thinking. Any portion of that done by AI is less thinking done by you.
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Clark Asay retweeted
Shout it from the rooftops!!! Research is thinking. Outlining is thinking. Writing is thinking. Any portion of that done by AI is less thinking done by you.
If AI does your research when do you do your thinking
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Incredible
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The Supreme Court just rewrote the rules for contributory copyright infringement. What it all means for secondary liability, the DMCA safe harbor, and the pending AI output cases—up now on Copyright Lately: copyrightlately.com/supreme-…
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Clark Asay retweeted
Cox wins its Supreme Court case and Sony Music’s $1 billion dollar judgment for contributory infringement is vacated. Not enough to know some users will infringe if Cox provides them with broadband service
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Cue academics creating thousands of AI-generated articles and then having all the articles self-cite to the other AI-generated articles.
The first criminal case of streaming fraud where a North Carolina musician who used AI to make songs, then streamed them billions of times himself making $8 million
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I wonder if the "author" would let me review the draft, make a few updates here and there, approve the rest, and become a co-author?
An attorney writes to me about the mostly AI-written law review article he had accepted this spring, now forthcoming in the flagship law review of a Top 50 law school. A draft of the article is now up on SSRN. According to the attorney: " Last month I used Claude to assist in drafting a new article . . . . I drafted this article in about 15 hours. In 2022 I published an article of similar length that took around 150 hours." The attorney adds: "I used Claude the way I’d use a junior associate—as a first drafter, sounding board, and research assistant. Most of the article, including the entirety of the title, abstract, and intro, is mine from the keyboard up. And anything Claude contributed that made it to the final version is there because I reviewed it, agreed with it, and chose to sign my name to it. This is no different than how I’d review an associate’s draft and then take responsibility for the finished product." The attorney adds: "That first draft was by no means file ready, but it was better than what I would’ve received from the vast majority of BigLaw associates. I was blown away, and have since started my own appellate and litigation practice in an effort to replicate these productivity gains for client work." Your thoughts? I know the attorney's name, and the journal, and I have checked out the article, but I figured that, at least for now, I would hold that back.
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Nice, Brad!
Bradley Rebeiro: Anti-Slavery and Anti-Commandeering Michael Ramsey – The Originalism Blog originalismblog.com/bradley-…
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Proud to have Lucy as a colleague @BYULaw
Proud to announce that my article “The First Amendment and Constitutive Rhetoric: A Policy Proposal” (coauthored with Mason Spedding) received the Order of the Coif’s 2025 Lolly Gasaway Faculty-Student Writing Award! Check it out here: nyulawreview.org/issues/volu…
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Just posted a draft of a @GWJolt symposium essay, "Artificial Creators," in which I argue that copyrightability standards for AI-assisted works should move more in patent law's direction, focusing on "intellectual conception". Give it a read: papers.ssrn.com/sol3/papers.…

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Just posted new draft, "Artificial Code," where I argue that the copyright-less state of more and more software is likely to lead to more trade secrecy and patent protection for software innovations. You can read my thoughts with a dour countenance here: papers.ssrn.com/sol3/papers.…

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My article with Dan Ankenman, "Copyright Law at the Federal Circuit," is now out in the Journal of the @copyrightsoc. Thanks to Elizabeth Townsend Gard and others for their help with the article. copyrightsociety.org/journal…
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