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Presenters


Hosts:

Lawrence Lessig, Professor of Law at Stanford Law School

Lawrence Lessig is a Professor of Law at Stanford Law School and founder of the school's Center for Internet and Society. Prior to joining the Stanford faculty, he was the Berkman Professor of Law at Harvard Law School, and a Professor at the University of Chicago. He clerked for Judge Richard Posner on the 7th Circuit Court of Appeals and Justice Antonin Scalia on the United States Supreme Court. Professor Lessig is the author of Free Culture (2004), The Future of Ideas (2001) and Code and Other Laws of Cyberspace (1999). He chairs the Creative Commons project, and serves on the board of the Free Software Foundation, the Electronic Frontier Foundation, the Public Library of Science, and Public Knowledge.

For more information, please see Steven Levy's profile of Professor Lessig in the October 2002 issue of Wired: Lawrence Lessig's Supreme Showdown or see his curriculum vitae.

Jamie Boyle, Professor of Law at Duke Law School

James Boyle is William Neal Reynolds Professor of Law at Duke Law School and co-founder of the Center for the Study of the Public Domain. He is the author of Shamans, Software and Spleens: Law and the Construction of the Information Society. He writes widely on issues of intellectual property, internet regulation and legal theory. He is one of the founding Board Members of Creative Commons, which is working to facilitate the free availability of art, scholarship, and cultural materials by developing innovative, machine-readable licenses that individuals and institutions can attach to their work, and of Science Commons, which aims to expand the Creative Commons mission into the realm of scientific and technical data. He is also a member of the academic advisory boards of the Electronic Privacy and Information Center, the Connexions open-source courseware project, and of Public Knowledge. He recently started writing as an online columnist for the Financial Times' New Economy Policy Forum.


Speakers:

Molly S. Van Houweling, Assistant Professor Boalt Law School

Molly Shaffer Van Houweling joined the Boalt faculty in fall 2005 from the University of Michigan Law School, where she had been an assistant professor since 2002. Van Houweling's teaching and research interests include intellectual property, law and technology, property, and constitutional law. She was a visiting professor at Boalt in 2004-05.

Before joining the Michigan faculty, Van Houweling was president of Creative Commons, a nonprofit group that facilitates sharing of intellectual property. Van Houweling has served as senior adviser to the president and board of directors of the Internet Corporation for Assigned Names and Numbers, the entity that oversees the Internet Domain Name System. She has been a research fellow at the Berkman Center for Internet & Society at Harvard Law School and at the Center for Internet and Society at Stanford Law School. Van Houweling clerked for Judge Michael Boudin of the U.S. Court of Appeals for the 1st Circuit and Justice David H. Souter of the U.S. Supreme Court.

Van Houweling’s recent publications include “Distributive Values in Copyright” in the Texas Law Review (2005); “Enforcement of Foreign Judgments, the First Amendment, and Internet Speech: Notes for the Next Yahoo! v. LICRA (Special Feature: Cyberage Conflicts Law)” in the Michigan Journal of International Law (2003); and “Cultivating Open Information Platforms: A Land Trust Model” in the Journal of Telecommunications and High Technology Law (2002).


Susan Crawford, Assistant Professor of Law at Cardozo School of Law

Susan Crawford is Assistant Professor of Law at Cardozo Law School, teaching cyberlaw and telecommunications law.  Ms. Crawford received her B.A. (summa cum laude, Phi Beta Kappa) and J.D. from Yale University. She served as a clerk for Judge Raymond J. Dearie of the U.S. District Court for the Eastern District of New York, and was a partner at Wilmer, Cutler & Pickering (Washington, D.C.) until the end of 2002, when she left that firm to enter the legal academy.

Ms. Crawford writes about telecommunications policy and internet governance issues. Her article, "The Biology of the Broadcast Flag" was published in the Hastings Communications and Entertainment Law Journal in late 2003; "The Accountable Internet: Peer Production of Internet Governance" (with David R. Johnson and John G. Palfrey, Jr.) was published by the Virginia Journal of Law and Technology in 2004; "Shortness of Vision: Regulatory Ambition in the Digital Age" will be published as part of a symposium hosted by the Fordham Law Review in late 2005; "First Do No Harm: The Problem of Spyware" will be published as part of a symposium hosted by the Berkeley Technology and Law Journal in late 2005; . Upcoming pieces will be about online identity, FCC jurisdiction, and other digital policy issues. She has also published many online essays about ICANN (most co-authored with David R. Johnson), and maintains a website and blog at www.scrawford.net.


Rebecca Tushnet, Associate Professor, Georgetown University Law Center

Rebecca Tushnet is an assistant professor at the New York University School of Law (visiting Georgetown, 2004-2005). After clerking for Chief Judge Edward R. Becker of the Third Circuit Court of Appeals in Philadelphia and Associate Justice David H. Souter, she practiced intellectual property law at Debevoise & Plimpton before joining the NYU faculty. Her publications include “Copy This Journal: How Fair Use Doctrine Harms Free Speech and How Copying Serves It” (Yale L.J. 2004), "Copyright as a Model for Free Speech Law" (B.C. L. Rev. 2000) and "Legal Fictions: Copyright, Fan Fiction, and a New Common Law" (Loy. L.A. Ent. L.J. 1997), and her work currently focuses on the relationship between the First Amendment and false advertising law. She has advised and represented several fan fiction websites in disputes with copyright and trademark owners. She is also an expert on the law of engagement rings.


Madhavi Sunder, Professor of Law, UC Davis Law School

Professor Sunder is a leading scholar in the legal regulation of culture. Her work traverses numerous legal fields, from intellectual property and cultural property to human rights law and the First Amendment. She asks how age-old legal doctrines impede, rather than facilitate, change and modernity within traditional cultures. Adopting an interdisciplinary method, she argues that cultural studies and globalization studies can help us to modernize antiquated laws for the 21st century.
Her recent publications include: “Enlightened Constitutionalism,” Connecticut Law Review (symposium paper, forthcoming 2005); “The Romance of the Public Domain,” California Law Review (2004); “Piercing the Veil,” Yale Law Journal (2003); and “Cultural Dissent,” Stanford Law Review (2001). She has authored numerous comments and chapters in books and is the editor of Gender and Feminist Theory in Law and Society (forthcoming 2005). She is a contributor to Findlaw.com.


Commentors:

Yochai Benkler, Professor, Yale Law School

Yochai Benkler a Professor of Law at Yale Law School. His research focuses on the effects of laws that regulate information production and exchange on the distribution of control over information flows, knowledge, and culture in the digital environment. His particular focus has been on the neglected role of commons-based approaches towards management of resources in the digitally networked environment. He has written about the economics and political theory of rules governing telecommunications infrastructure, with a special emphasis on wireless communications, rules governing private control over information, in particular intellectual property, and of relevant aspects of U.S. constitutional law.

Julie Cohen, Professor, Georgetown Law School

Julie Cohen teaches and writes about intellectual property law and data privacy law, with particular focus on the design of digital information networks and on the intersection of copyright, privacy, and communicative freedom in cyberspace. She is co-author of Copyright in a Global Information Economy (Aspen Law & Business 2002), and is a member of the Advisory Boards of the Electronic Privacy Information Center and Public Knowledge. Following law school, Professor Cohen clerked for the Honorable Stephen Reinhardt of the U.S. Court of Appeals for the Ninth Circuit, and then practiced with the San Francisco firm of McCutchen, Doyle, Brown & Enersen, where she specialized in intellectual property litigation. Prior to joining the Law Center Faculty in 1999, Professor Cohen was Assistant Professor of Law at the University of Pittsburgh School of Law.


Terry Fisher, Hale and Dorr Professor of Intellectual Property Law, Harvard University

Professor Fisher received his undergraduate degree (in American Studies) from Amherst College and his graduate degrees (J.D. and Ph.D. in the History of American Civilization) from Harvard University. Between 1982 and 1984, he served as a law clerk to Judge Harry T. Edwards of the United States Court of Appeals for the D.C. Circuit and then to Justice Thurgood Marshall of the United States Supreme Court. Since 1984, he has taught at Harvard Law School, where he is currently the Hale and Dorr Professor of Intellectual Property Law and the Director of the Berkman Center for Internet and Society. His academic honors include a Danforth Postbaccalaureate Fellowship (1978-1982) and a Postdoctoral Fellowship at the Center for Advanced Study in the Behavioral Sciences in Stanford, California (1992-1993).


Paul Goldstein, Stella W. and Ira S. Lillick Professor of Law, Stanford University

Paul Goldstein has been Professor of Law at Stanford University since 1975, and was appointed Lillick Professor of Law in 1985. He is widely recognized as one of the country's leading authorities on copyright law, and is the author of a four-volume treatise on the subject, as well as of a widely-adopted law school text on intellectual property law. He is the author of four other books, including the widely-reviewed Copyright's Highway: From Gutenberg to the Celestial Jukebox, and of numerous articles. Professor Goldstein is a member of the Bars of New York and California and, over the past thirty years, has actively consulted on a wide range of copyright cases. He is Of Counsel to the law firm of Morrison & Foerster where he works with the firms Intellectual Property Group. Professor Goldstein has twice been awarded the John Bingham Hurlbut Award for Excellence in Teaching at the Law School.


Mark Lemley, William H. Neukom Professor of Law, Stanford Law School

Mark Lemley is the William H. Neukom Professor of Law at Stanford Law School, the Director of the Stanford Program in Law, Science and Technology, and the Director of Stanford’s LLM Program in Law, Science and Technology. He teaches intellectual property, computer and Internet law, patent law, and antitrust. He is of counsel to the law firm of Keker & Van Nest, where he litigates in the areas of antitrust, intellectual property and computer law. He is the author of six books (all in multiple editions) and 65 articles on these and related subjects, including the two-volume treatise IP and Antitrust. He has taught intellectual property law to federal and state judges at numerous Federal Judicial Center and ABA programs, has testified four times before Congress and numerous times before the California legislature and the Federal Trade Commission on patent, trade secret, antitrust and constitutional law matters, and has filed numerous amicus briefs before the U.S. Supreme Court, the California Supreme Court, and the federal circuit courts of appeals. He has been named one of the top 25 intellectual property lawyers in California (2003) and one of the 100 most influential lawyers in California (2004 and 2005) by the Daily Journal, and one of the top 500 lawyers in the United States by Lawdragon magazine. He has chaired or co-chaired more than two dozen major conferences on antitrust, intellectual property and computer law, including Computers Freedom and Privacy ‘98.


Jessica Litman, Assistant Professor NYU Law School

Jessica Litman is Professor of Law at Wayne State University in Detroit, Michigan, where she teaches courses in copyright law, Internet law, and trademarks and unfair competition. She is the author of the recently published book Digital Copyright (Prometheus Books 2001), and the coauthor with Jane Ginsburg and Mary Lou Kevlin of a casebook on Trademarks and Unfair Competition Law (Foundation Press 2001). She has published many articles on intellectual property. Litman has testified before Congress and before the White House Information Infrastructure Task Force's Working Group on Intellectual Property. She is a past trustee of the Copyright Society of the USA and a past Chair of the American Association of Law Schools Section on Intellectual Property. Litman serves on the National Research Council's Committee on Partnerships in Weather and Climate Services and on the Advisory Board for the Public Knowledge organization. She has served on the program committee for the Telecommunications Policy Research Conference. She is a member of the Intellectual Property and Internet Committee of the ACLU, and the advisory board of Cyberspace Law Abstracts.


Neil Netanel, Professor, UCLA School of Law

Neil Netanel joined the UCLA School of Law faculty in fall 2004. He teaches Copyright, International Intellectual Property, and Intellectual Property Scholarship. Professor Netanel’s recent scholarship includes: Copyright’s Paradox: Property in Expression/Freedom of Expression (Oxford University Press, forthcoming 2005); "Copyright and the First Amendment; What Eldred Misses - and Portends," in Copyright and Free Speech: Comparative and International Analyses (J. Griffiths & U. Suthersanen, eds, Oxford University Press, forthcoming 2005), "Impose a Noncommercial Use Levy to Allow Free Peer-to-Peer File Sharing," 17 Harvard Journal of Law & Technology 1 (2003); The Commodification of Information (Niva Elkin-Koren & Neil Weinstock Netanel eds., Kluwer Law International 2002); and "Locating Copyright Within the First Amendment Skein," 54 Stanford Law Review 1 (2001).


Peggy Radin, Wm. Benjamin Scott and Luna M. Scott Professor of Law, Stanford Law School

Peggy Radin is the William Benjamin Scott and Luna M. Scott Professor of Law at Stanford University. She received her A.B. from Stanford in 1963, where she majored in music, her M.F.A. in Music History from Brandeis University in 1965 as a Woodrow Wilson Fellow, and became a Ph.D. candidate in music at Berkeley in 1968. She received her J.D. from the University of Southern California in 1976. Prior to joining the Stanford law faculty in 1990, she was Carolyn Craig Franklin Professor of Law at USC. Professor Radin has also taught at UCLA and Harvard as a visiting professor of law. Professor Radin is a well-known property theorist, who has written extensively about "commodification" (exploring the limits of markets and market rhetoric), as well as other aspects of property as a right and as an institution. Her current research and teaching field is intellectual property, information technology, and the jurisprudence of cyberspace. Professor Radin is the author of "Contested Commodities" (Harvard University Press 1996), "Reinterpreting Property" (University of Chicago Press 1993), and over thirty articles.


Arti K. Rai, Professor, Duke Law School

Arti Rai is an expert in patent law, law and the biopharmaceutical industry, and health care regulation. Her recent publications include "Open and Collaborative Research: A New Model for Biomedicine," in Intellectual Property Rights in Frontier Industries: Biotech and Software (AEI-Brookings Press, 2005); "Finding Cures for Tropical Diseases: Is Open Source an Answer?" Public Library of Science: Medicine (2004) (with Stephen M. Maurer and Andrej Sali); "Collective Action and Proprietary Rights: The Case of Biotechnology Research with Low Commercial Value," in International Public Goods and Transfer of Technology under a Globalized Intellectual Property Regime (Cambridge Univ. Press, 2005); and “Engaging Facts and Policy: A Multi-Institutional Approach to Patent System Reform,” 106 Columbia Law Review (2003). Professor Rai joined the Duke Law faculty in 2003. In the fall of 2004, Rai was a Visiting Professor at Yale Law School.

Pamela Samuelson, Professor of Law and Information Management , School of Law - Boalt Hall

Pamela Samuelson has been a professor at Boalt Hall since 1996. She began her career as a legal academic at the University of Pittsburgh School of Law. While there she was a visiting professor at Columbia Law School, Cornell Law School and Emory Law School. She also practiced with Willkie Farr & Gallagher’s New York office. Samuelson has written and published widely in the areas of copyright, software protection and cyberlaw. Recent publications include "The Constitutional Law of Intellectual Property After Eldred v. Ashcroft," in the Journal of the Copyright Society (2003); "The Law and Economics of Intellectual Property," in the Yale Law Journal (with Scotchmer, 2002); "Mapping the Digital Public Domain: Threats and Opportunities," in Law & Contemporary Problems (2003); "Privacy as Intellectual Property?" in the Stanford Law Review (2000); "Intellectual Property and the Digital Economy: Why the Anti-Circumvention Regulations Need to Be Revised," in the Berkeley Technology Law Journal (1999); and "A New Kind of Privacy? Regulating Uses of Personal Data in the Global Information Economy," a book review in the California Law Review (1999). She is also coauthor of Software and Internet Law, 2nd ed. (with Lemley, Merges and Menell, 2003).


Siva Vaidhyanathan, Assistant Professor, New York University

Siva Vaidhyanathan, a cultural historian and media scholar, is the author of Copyrights and Copywrongs: The Rise of Intellectual Property and How it Threatens Creativity (New York University Press, 2001) and The Anarchist in the Library: How the Clash between Freedom and Control is Hacking the Real World and Crashing the System (Basic Books, 2004). Vaidhyanathan has written for many periodicals, including American Scholar, The Chronicle of Higher Education, The New York Times Magazine, MSNBC.COM, Salon.com, openDemocracy.net, and The Nation. After five years as a professional journalist, Vaidhyanathan earned a Ph.D. in American Studies from the University of Texas at Austin. He has taught at Wesleyan University and the University of Wisconsin at Madison and is currently an assistant professor of Culture and Communication at New York University. He lives in Greenwich Village, USA.



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