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CHAPTER 1: Judges and Property @ Page 17 CHAPTER 2: Equitable Intellectual Property: What's Wrong With Misappropriation @ Page 42 CHAPTER 3: The Mixed Heritage of Federal Intellectual Property Law and Ramifications for Statutory Interpretation @ Page 63 CHAPTER 4: Interpretive Methodology and Delegations to Courts @ Page 89 CHAPTER 5: Dynamic Claim Interpretation @ Page 107 CHAPTER 6: Did Philips Change Anything? Empirical Analysis of the Federal Circuit's Claim Construction Jurisprudence @ Page 123 CHAPTER 7: An Empirical Look at Trade Secret Law's Shift from Common to Statutory Law @ Page 151 CHAPTER 8: The Impact of Codification on the Judicial Development of Copyright @ Page 177 CHAPTER 9: Legal Pragmatism and Intellectual Property Law @ Page 211 CHAPTER 10: Copyright, Custom and Lessons from the Common Law @ Page 230 CHAPTER 11: Common Law Reasoning and Cybertrespass @ Page 252 CHAPTER 12: The Intellectual Property Clause's Preemptive Effect @ Page 265 CHAPTER 13: Trademark Law's Faux Federalism @ Page 288 CHAPTER 14: The Normative Structure of Copyright Law @ Page 313 CHAPTER 15: Trade Secret and Human Freedom @ Page 334 CHAPTER 16: Laying Bare an Ethical Thread: From IP to Property to Private Law? @ Page 353 CHAPTER 17: Technology and Tracing Costs: Lessons From Real Property @ Page 385 CHAPTER 18: Intellectual Usufructs: Trade Secrets, Hot News, and the Usufructuary Paradigm at Common Law @ Page 404 CHAPTER 19: The Fault Liability Standard in Copyright @ Page 431 CHAPTER 20: The Concept of "Harm" in Copyright @ Page 452 CHAPTER 21: The Role of Unfair Competition in the Common Law @ Page 484 CHAPTER 22: The Fractioning of Patent Law @ Page 504 CHAPTER 23: Permanent Injunctions as Punitive Damages in Patent Infringement Cases @ Page 514 CHAPTERB24: Sequential Injunctions in Patent Litigation: The Gratuitous @ Page 530