Author Archive | Robert Brauneis

Last week the en banc Federal Circuit heard argument in Ex Parte Bilski, an important case on the patentability of so-called “business method” patents. You can read the many briefs in the case here, and find links to the oral argument here.   Back before I started teaching, I was very interested in patent law and […]

We haven’t had an open thread in a while. So what’s on your mind? As always, please keep it civil.

Via Bench Memos, I recently came across what appears to be a transcript of Senator Obama’s address to the Planned Parenthood Action Fund on July 17, 2007, in which he spoke about the law and the Constitution. An excerpt: I think the Constitution can be interpreted in so many ways. And one way is a […]

a gated community of Ron Paul supporters or the return of the Gong Show? (Hat tip for the first link: Sua Sponte)

In an interview yesterday with CNN’s Wolf Blitzer, Barack Obama spoke again on what kind of judge he would want appointed to the federal courts (he discusses the topic starting around the 9 minute mark). An excerpt: What you’re looking for is somebody who is going to apply the law where it’s clear. Now there’s […]

The New York Times has this very interesting essay on the psychology of enjoying different wines — and more broadly, on the psychology of enjoying lots of other luxuries. More over at The Pour.

The New Scientist has an interesting report on some surprising relationships that may exist between pollution and climate change. (Obviously, this doesn’t suggest that pollution is good — just that the interaction is complex.)

Remember the old days when law firms worried about getting sued if they fired an attorney? These days, I would think the greater fear is that the firing will get ugly and end up featured on Above the Law.

Which Supreme Court Justice wrote the following in a solo dissent: “A mosque in Fez, Morocco, that I have visited, is, by custom, a sanctuary where any refugee may hide, safe from police intrusion.” (a) Justice Alito(b) Justice Holmes(c) Justice Douglas(d) Justice Breyer(e) Justice Thomas For the answer, click here. (c) Justice Douglas, dissenting in […]

In yesterday’s post, I argued that to get a court to uphold the 1935-2030 copyright in “Happy Birthday to You,” Warner Music Group would likely have to convince the court of three things. It turns out that WMG would face difficulties with all three. The details are in my article ( http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1111624), but here’s a […]

Yesterday, my post to this fine forum argued that there were good policy reasons for granting Patty and Mildred Hill copyright protection for the melody of “Happy Birthday to You.” Don’t worry, they got it. Their book “Song Stories for the Kindergarten,” which contained the “Happy Birthday” melody with different words under the name “Good […]

My thanks to Eugene for the opportunity to address the Volokh Conspiracy audience and get some feedback on my article “Copyright and the World’s Most Popular Song.” Supporters of copyright will no doubt like some of the things I have to say in the piece; questioners will like others. I’m going to start off with […]