- E-Books in Libraries: A Briefing Document Developed in Preparation for a Workshop on E-Lending in Libraries, by David O'Brien, Urs Gasser & John G. Palfrey (see discussion from the Digital Public Library of America)
- Software Patents and the Return of Functional Claiming, by Mark A. Lemley (discussed here and here)
- Analyzing the Role of Non-Practicing Entities in the Patent System, by David L. Schwartz & Jay P. Kesan (summarized by the authors here, discussed on lots of blogs)
- Patent Case Management Judicial Guide (2d ed.), by Peter S. Menell, Lynn H. Pasahow, James H. A. Pooley, Matthew Powers, Steven C. Carlson & Jeffrey G. Homrig (also on my patent references page!)
- The Trespass Fallacy in Patent Law, by Adam Mossoff (see Tun-Jen Chiang's response, Mossoff's reply, and Chiang's sur-reply)
- Copyright, Free Speech, and the Public's Right to Know: How Journalists Think About Fair Use, by Patricia Aufderheide, Peter A. Jaszi, Katie Bieze & Jan Lauren Boyles
- The Pseudo-Elimination of Best Mode: Worst Possible Choice?, by Jason Rantanen & Lee Petherbridge (summarized by Rantanen on Patently-O)
- Hollywood Deals: Soft Contracts for Hard Markets, by Jonathan Barnett
- Featuring People in Ads, by Eric Goldman & Rebecca Tushnet
- Solving the Patent Settlement Puzzle, by Einer Elhauge & Alex Krueger
While all of these articles look interesting, as I've noted before, I think there is only a weak correlation between SSRN downloads and quality of scholarship; e.g., right now I am the #3 law author on SSRN in terms of new downloads per paper, but that is entirely due to being one of seven co-authors on a paper that has generated a lot of press. Citation rankings are somewhat more useful, but doing citation studies well is difficult; I think law professors rely so heavily on SSRN downloads because it is easy. But there are many fantastic articles that don't reach the top-downloads list, and I hope to highlight them on WD as I discover them!
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