This chapter surveys and synthesizes the deepening and widening theoretical landscape of
intellectual property. Not surprisingly, the principal philosophical theory applied to the …

In the United States, proposals for informational privacy protection have proved enormously
controversial. On a political level, such proposals threaten powerful data processing …

The standard economic theory of intellectual property (" IP") is well known. Intellectual
creations are public goods that are much easier and cheaper to copy than they are to …

Economic scholarship has recently focused a great deal of attention on the phenomenon of
network externalities, or network effects: markets in which the value that consumers place on …

In the past decade, the terms" cyberspace" and" globalization" have become buzzwords of a
new generation. And it is probably not surprising that the two have entered the lexicon …

Electronic contracting has experienced a sea change in the last decade. Ten years ago,
courts required affirmative evidence of agreement to form a contract. No court had enforced …

Ninety-three years ago, in Lochner v. New York, 1 the Supreme Court struck down a
maximum-working-hours law for bakers as an impermissible invasion of employer-employee …

Proposed Uniform Commercial Code Article 2B (Article 2B) 3 would remake the law of
software and intellectual property licensing in a radical way. Some of the more dramatic …

The authors gratefully acknowledge partial support for their work on this article from the
Center for the Public Domain, under Grant No. OPVT-4676, and the John D. and Catherine …

The proposed draft of Article 2B grants broad rights to enforce electronically contract
provisions governing access to and use of digital works. Purveyors of digital works may …