The Game, the Players, and the Board

Christopher Seaman and Thuan Tran’s fascinating article, Intellectual Property and Tabletop Games, raises important questions about the role of intellectual property in developing and distributing innovative products. The market for tabletop games, Seaman and Tran argue, is able to sustain a high level of creativity at a high up-front cost, all while protected by some but not all of the IP rights that other industries’ outputs receive. Is that evidence of IP’s necessity or its superfluousness? In this Response, I argue that the answer is a little bit of both. Whereas prior scholarship has shown the lack of an active role for IP in developing products, Seaman and Tran’s fascinating case studies suggest that IP plays a critical passive role in providing breathing space for innovations. But the example of tabletop games demonstrates that not every aspect of innovative creations—not even the most important aspects—necessarily require IP protection to be successful

Emergent Works

Nineteen sixty-four was a very important year for the Copyright Office. The copyright revision effort that would eventually become the Copyright Act of 1976 was in full swing; draft bills that largely resembled the final Act were introduced in July. The goal of this effort was to update the old 1909 Act to fully account for the incredible proliferation of mass media. Just as that effort was shifting to Congress, however, over at the Copyright Office, the first harbinger of a new set of problems was sounding: the Office issued its first registrations for computer programs

Aereo and the Problem of Machine Volition

Article published in the Michigan State Law Review

Constitutional Safety Valve: The Privileges or Immunities Clause and Status Regimes in a Federalist System

The American Constitution was born flawed: it failed to provide a mechanism for resolving entrenched differences in the social status regimes between states. This Article argues that part of the purpose of the Privileges or Immunities Clause of the Fourteenth Amendment was to correct that flaw. The Privileges or Immunities Clause was the culmination of a long antebellum debate over whether southern states had to respect the rights of northern black citizens as they traveled. The Clause achieves this goal by requiring states in certain circumstances to respect the status determinations of other states when the citizens of those other states travel. Although this aspect of the Privileges or Immunities Clause has long been forgotten, it survived the Supreme Court’s decision in the Slaughter-House Cases. And there is a good chance it will soon be needed again. The United States is on the verge of an entrenched conflict between states concerning the recognition of the status of marriage for same-sex couples. Although multiple resolutions are possible, the forgotten component of the Privileges or Immunities Clause may provide a more stable and effective framework for determining when states must respect the status determinations of other states. As a structural remedy rather than one based solely on individual rights, the Clause’s protection for state status determinations is only triggered when a critical mass of states line up for or against recognizing the status at issue. As a result, the Clause’s protection for state status determinations is more limited than other rights but potentially more attractive for courts disinclined to greatly expand existing doctrine. If a substantial number of states grant same-sex marriages, the Privileges or Immunities Clause will require the rest of the states to recognize those marriages for travelers

A STUDY IN THE STRUCTURE OF LAND HOLDING AND ADMINISTRATION IN ESSEX IN THE LATE ANGLO-SAXON PERIOD

PhDThis study explores some of the implications of the distribution of estates between the landholders of Essex in 1066. Emphasis is placed on the immediate background of land ownership in Essex during the reign of Edward the Confessor, though some attention is paid to the earlier history of the shire. The principal source for the investigation is the pre-Conquest data recorded in the Essex folios of Domesday Book. In the first part the broad outlines of the structure of landholding society are considered. Particular attention is paid to those with large amounts of land, although the less extensive holdings of, freemen and sokemen are also discussed. Charters, will's and other pre-Conquest documents provide information on the earlier tenurial history of some estates, and from them and other evidence a model is proposed of the trends in land tenure in Essex between c900 and 1066. In an appendix identifiable lay landholders are listed with details of their estates, whilst in the body of the text the pre-Conquest holdings of ecclesiastical institutions are examined in detail. The second part of the study considers the evolution of the institutions 'of public administration within the shire, and where relevant the influence upon them of powerful landholders. This influence is seen most clearly in the hundreds, and an attempt is made to reconstruct the earlier history of the 1066 Essex hundreds, in particular the evolution of those in the west of the shire. The varying fortunes of the Essex burhs are considered in the light of the output from their mints. To complete the picture evidence of pre-Conquest private lordship - soke, -and commendation - is examined

Aereo and the Problem of Machine Volition

Article published in the Michigan State Law Review

Manipulation of an Innate Escape Response in Drosophila: Photoexcitation of acj6 Neurons Induces the Escape Response

Background: The genetic analysis of behavior in Drosophila melanogaster has linked genes controlling neuronal connectivity and physiology to specific neuronal circuits underlying a variety of innate behaviors. We investigated the circuitry underlying the adult startle response, using photoexcitation of neurons that produce the abnormal chemosensory jump 6 (acj6) transcription factor. This transcription factor has previously been shown to play a role in neuronal pathfinding and neurotransmitter modality, but the role of acj6 neurons in the adult startle response was largely unknown. Principal Findings: We show that the activity of these neurons is necessary for a wild-type startle response and that excitation is sufficient to generate a synthetic escape response. Further, we show that this synthetic response is still sensitive to the dose of acj6 suggesting that that acj6 mutation alters neuronal activity as well as connectivity and neurotransmitter production. Results/Significance: These results extend the understanding of the role of acj6 and of the adult startle response in general. They also demonstrate the usefulness of activity-dependent characterization of neuronal circuits underlying innat

Barcoded oligonucleotides ligated on RNA amplified for multiplexed and parallel in situ analyses.

We present barcoded oligonucleotides ligated on RNA amplified for multiplexed and parallel insitu analyses (BOLORAMIS), a reverse transcription-free method for spatially-resolved, targeted, in situ RNA identification of single or multiple targets. BOLORAMIS was demonstrated on a range of cell types and human cerebral organoids. Singleplex experiments to detect coding and non-coding RNAs in human iPSCs showed a stem-cell signature pattern. Specificity of BOLORAMIS was found to be 92% as illustrated by a clear distinction between human and mouse housekeeping genes in a co-culture system, as well as by recapitulation of subcellular localization of lncRNA MALAT1. Sensitivity of BOLORAMIS was quantified by comparing with single molecule FISH experiments and found to be 11%, 12% and 35% for GAPDH, TFRC and POLR2A, respectively. To demonstrate BOLORAMIS for multiplexed gene analysis, we targeted 96 mRNAs within a co-culture of iNGN neurons and HMC3 human microglial cells. We used fluorescence in situ sequencing to detect error-robust 8-base barcodes associated with each of these genes. We then used this data to uncover the spatial relationship among cells and transcripts by performing single-cell clustering and gene-gene proximity analyses. We anticipate the BOLORAMIS technology for in situ RNA detection to find applications in basic and translational research