For my Copyright students: there's a James Turrell at Art Basel this year!! Take a break from exam studying and check it out.

Friends, I am so delighted to share that Version 2 of our FREE patent casebook is now available on SSRN: papers.ssrn.com/sol3/papers....

image of an empty food container my teenager inexplicably left in the kitchen fifth in a series

tfw your students drop off handmade biscottis before class

image of an empty food container my teenager inexplicably left in the kitchen fourth in a series

image of an empty food container my teenager inexplicably left in the kitchen third in a series

image of an empty food container my teenager inexplicably left in the kitchen second in a series

image of an empty food container my teenager inexplicably left in the kitchen first in a series

Proud to be an MIT alum. This is what it looks like when an institution stands up for its values.

Professor Andres Sawicki received a grant from the Washington Center for Equitable Growth to study how terms and conditions from over 100 generative AI firms impact user behavior and market competition.

Thanks to David Zimmer for work on Jonathan Masur’s & my amicus brief in support of cert in MSN v. Novartis, drawing on our “Disclosure Puzzles in Patent Law” article to explain why the Fed Cir’s approach to disclosure for after-arising technologies is incoherent www.supremecourt.gov/DocketPDF/25...

🚨Meet the AI RFP #EGgrantee(s)! 🚨 First up, @apublicgood.bsky.social and John Newman will "study the terms and conditions of more than 100 genAI firms." Their project would be the first large-scale effort to document this issue "systematically." Learn more👇 equitablegrowth.org/grants/compe...

Super grateful for this grant from @equitablegrowth.bsky.social!! With John Newman, we'll explore the antitrust implications of genAI terms of service. GenAI's social & economic impact is growing fast. We aim to ensure that incumbents' ToS don't raise anticompetitive barriers to entry.

Want to live & work in a tropical paradise? Join us!! Miami Law is hiring up to 4 faculty, inc. in Law & Tech. Appropriate candidates will be considered for a joint appt with our Institute for Data Science & Computing. Pls contact me if you have any q's. Share widely!! buff.ly/k3VnibA

They finally made the milk from that hotel

My article with Peter Henderson explaining why AI companies will find it challenging to enforce their terms of use against competitors who distill their models and others who use them in ways they don't like is now published in the Indiana Law Journal. papers.ssrn.com/sol3/papers....

Judge Alsup has the first true opinion on fair use for generative AI in Bartz v. Anthropic. He holds that AI training is fair use, and so is buying books to scan them, but that downloading pirated copies of books for an internal training-data database is not fair use. 🧵

🚨BREAKING: Federal judge concludes that using copyrighted works to train generative A.I. is transformative and ultimately a fair use. (Nevertheless, Anthropic can’t beat the lawsuit because it pirated books for another purpose too.) First of kind ruling. www.documentcloud.org/documents/25...

🚨Call for Papers: Miami Law & Finance Workshop, Fall 25 I am excited to invite submissions of paper abstracts for the Fall series of the Miami Law & Finance Workshop! Abstracts should be sent to us—[email protected], [email protected] and [email protected]—by Friday July 18th, 2025.

More than 500 general counsel have signed on to a group supporting the rule of law and law firms under attack by Trump. Just in case the firms that capitulated thought they were doing what their clients wanted . . . www.law.com/therecorder/...

Fellow law profs, I'm curious: When do you generally have to make your casebook selections for the fall semester? For the spring? Thanks in advance!

Honored to have been a finalist for the Provost's Teaching Awards @univmiami.bsky.social. news.miami.edu/law/stories/...

if your monday needs more 80s vibes, try this:

A break from my regularly scheduled political and legal posting to express some gratitude. This week, my 18 month old daughter had to have open heart surgery. 💔 As you might imagine, this was utterly terrifying. 1/

How can AI advance @univmiami.bsky.social's core research and teaching missions? I'll try to answer that question on today's panel at IDSC Computing Day. Join us! events.miami.edu/event/comput...

I'm one of 775 profs supporting Susman Godfrey against the admin's unconstitutional attacks. "A republic, if you can keep it." Grateful to @prmalone.bsky.social Pam Karlan @heidikitrosser.bsky.social, Norm Spaulding, & @marklemley.bsky.social for their leadership. law.stanford.edu/wp-content/u...

Plumerias coming in nicely . . .

Had an incredible time at the Fourth Annual AI Roundtable!! Fantastic papers and conversations--huge congrats to @matthewsag.bsky.social and Charlotte Tschider for organizing & @emorylaw.bsky.social for hosting. 🎉 🎉🎉

Proud to be one of 600+ profs who signed the brief supporting #Jenner&BlockLLP & @wilmerhale.bsky.social. Lawyers must be able to represent their clients w/o fear of govt retribution.

Law professor colleagues: As @marklemley.bsky.social previewed, we plan to file a modified version of our profs' amicus brief in the Perkins Coie executive order case in the similar WilmerHale & Jenner & Block challenges. There is still time to sign on. DM/email me by 4:00 PM Wednesday for details.

have the vibes shifted back already?

This is high art

Extremely disappointed that my former firm, @kirkland-ellis.bsky.social, has apparently abandoned its commitment to the rule of law.

Very excited for the AI Roundtable @emorylaw.bsky.social next week!

November 18

Let me amplify and add, also for marginalized voices or scholars otherwise vulnerable, whether younger or earlier in careers… and thanks to Mark for raising this question!

The DC Circuit's decision in Thaler v. Perlmutter is out, ruling that copyright law requires that authors be human, not AI, reasoning to this conclusion from the structure of the copyright statute (e.g., duration is based on the lifetime of the author) media.cadc.uscourts.gov/opinions/doc...

Great news!! It's (digital) publication day for "The Law of Creativity?" 🎉🎉🎉 CW: progress is too slow Me: progress can be too slow *or* too fast Article here: dx.doi.org/10.2139/ssrn... Thread 👇

Just posted a new draft with Amy Motomura, Jason Reinecke & Jonathan Masur: Can AI Hold Office Hours? Feedback welcome and appreciated! papers.ssrn.com/sol3/papers....

tfw agi

Dear IP colleagues, Reminder! Requests to participate in the M3 IP Scholars Workshop are due on Friday, February 28. Hosted by Chicago-Kent College of Law on May 19-20. Details below. You can submit to me, Sarah Fackrell, or Jake Linford. Join us!!

Congrats to my (not on here) colleagues, Or Cohen-Sasson & Gabe Scheffler for winning an @UMIDSC grant for their project, Regulating Inequality!! They'll be using data science tools to study how distributional considerations influence federal regulatory decisions. Exciting work!!!

played 20 q w 4o, o1, claude, & deepseek. thought of a human (jose canseco), but all models got messed up on "is it an animal," which i've tried answering either yes or no. "yes" leads to non-human animals (usually mammals); "no" leads to slime molds etc.

getting ready to teach my first AI & law courses . . . anyone have recommendations for readings, demos, materials, videos, etc? fwiw, one course will be seminar-style for law students (JD) + other grad students, the other will be for non-law professionals (MLS).

@miamilawschool.bsky.social is looking for a visitor for 2025-26 to teach patent or copyright. In addition to the Miami area’s many attractions, we have a thriving IP & Tech community here. Some flexibility re which semester & which course, so please reach out with any questions!

Super excited to publicly launch "All Day TA" (http://www.alldayta.com), a product @joshgans.bsky.social and I have been working on with our team over the last year. Short version: if you teach in spring, you will want to use this! It's the future of higher education. A short thread: 1/x

I am so excited to get to share the final version of "The Counterfeit Sham" with you all: harvardlawreview.org/print/vol-13...