Brian Leiter's Law School Reports

Brian Leiter
University of Chicago Law School

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Tuesday, October 6, 2009

Faculty Lists in IP/Cyberlaw

Various readers (some students, some faculty) expressed interest in seeing more polls regarding faculties in intellectual property/Cyberlaw and in international law.  To avoid embarrassing omissions from the faculty lists (like leaving off Spier in L&E at HLS), I thought I'd invite feedback from readers before launching the poll.  So here are draft lists of faculties in Intellectul Property/Cyberlaw that might rank in the "top ten".  Post your corrections in the comments; signed comments only.

Intellectual Property/Cyberlaw

Harvard:   Yochai Benkler, William Fisher, Lawrence Lessig, Jonathan Zittrain

Yale:  Jack Balkin

Stanford:  Paul Goldstein, Mark Lemley

Chicago:  William Landes (part-time), Jonathan Masur, Randal Picker

Columbia:  Jane Ginsburg, Clarissa Long, Timothy Wu

NYU:  Barton Beebe, Rochelle Dreyfuss, Katherine Strandburg

Michigan:  Susanne Crawford, Rebecca Eisenberg, Jessica Litman, Margaret Jane Radin

Berkeley:  Peter Menell, Robert Merges, Pamela Samuelson

Virginia:  Edmund Kitch, Thomas Nachbar

Penn:  Shyamkrishna Balganesh, R. Polk Wagner, Christopher S. Yoo

Duke:  Jamie Boyle, David Lange, Arti Rai, Jerome Reichman

Georgetown:  Julie Cohen, John R. Thomas, Rebecca Tushnet

UCLA:  Douglas Lichtman, Neil Netanel

Texas:  Robert Bone, Oren Bracha, John M. Golden

UC Davis:  Keith Aoki, Anupam Chander, Leslie Kurtz, Peter Lee, Madhavi Sunder

UC Irvine:  Dan Burk, Anthony Reese

BU:  Wendy Gordon, Maureen O'Rourke

George Washington:  Michael Abramowicz, Martin J. Adelman, Robert Brauneis, John F. Duffy, Orin Kerr, Dawn C. Nunziato, Joan E. Schaffner, Roger Schechter, Jonathan R. Siegel, Daniel Solove, Sonia M. Suter

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Comments

Dear Brian: Margo Bagley, Lillian BeVier, Dotan Oliar, and Chris Sprigman should be on the Virginia list.

Posted by: Liz Magill | Oct 6, 2009 5:24:35 AM

Berkeley is missing Molly Shaffer Van Houweling. BU is missing Michael Meurer and Stacey Dogan. GW is missing Scott Kieff.

Posted by: Mark McKenna | Oct 6, 2009 5:58:23 AM

In addition to Balganesh, Wagner, and Yoo, add Gideon Parchomovsky to Penn's list.

Posted by: Stephanos Bibas | Oct 6, 2009 6:37:02 AM

Since you are including young faculty like Balganesh, you should probably add Ben Roin from HLS and Scott Hemphill at Columbia. With Jeannie Suk's fashion paper with Hemphill (and her Note on Originality), it might be fair to add her to the HLS list as well.

More obvious omissions from the HLS list include Henry Smith, John Palfrey, and Charles Nesson.

Posted by: Steve | Oct 6, 2009 7:16:43 AM

Berkeley should include Molly van Houweling. Penn should include David Abrams, Anita Allen, Seth Kreimer, and Gideon Parchomovsky. UCLA should include Jerry Kang and Eugene Volokh. BU should include Stacey Dogan and Michael Meurer. The first name of the first entry for Michigan is Susan, not Susanne.

Posted by: Christohper Yoo | Oct 6, 2009 7:32:34 AM

at Columbia, one might include: Harold Edgar, C. Scott Hemphill, Michael Heller, Eben Moglen

Posted by: danielharr.is | Oct 6, 2009 7:45:23 AM

Dear Brian,

I think Fordham deserves to be included on this list...

Fordham: Joel Reidenberg, Sonia Katyal, Jeanne Fromer

Posted by: Sheila Foster | Oct 6, 2009 8:12:06 AM

Hi Brian -- I joined the faculty at GW this past summer. Best, -Scott

Posted by: F. Scott Kieff | Oct 6, 2009 8:47:58 AM

Amy Kapczynski, Paul Schwartz, Suzanne Scotchmer, and Molly Van Houweling all teach, and write in, IP at Berkeley Law.

Posted by: Kenneth A. Bamberger | Oct 6, 2009 9:04:20 AM

Thanks for all this helpful feedback. Clearly if scholars like Schwartz and Allen are in, then so too should my colleague Lior Strahilevitz be included. My sense of the contours of Cyberlaw is not strong, so this feedback is very helpful.

Posted by: Brian | Oct 6, 2009 9:26:54 AM

Ken Bamberger is right to add the names of four additional IP people at Berkeley, but we also have just hired this year Talha Syed who has written on patent issues.

In addition, Jason Schultz and Jennifer Urban are clinical professors at Berkeley who teach and write in the IP/cyberlaw area.

With Ken Bamberger's recent work on chief privacy officers and the increasing use of technologies to monitor compliance with regulations, I'd add him to the Berkeley treasure trove as well.

Posted by: Pam Samuelson | Oct 6, 2009 10:17:39 AM

If you do add Fordham to the list, Hugh Hansen, Mark Patterson, and Andreas Reindl ought to be on the list as well.

Posted by: Jeanne Fromer | Oct 6, 2009 11:01:40 AM

Stanford is missing Barbara van Schewick in Cyberlaw, and Tony Falzone of the Fair Use Project, if you are counting adjuncts.

Posted by: www.facebook.com/profile.php?id=573100845 | Oct 6, 2009 11:49:50 AM

Also, Stacey Dogan at BU.

N.B. Susan (not Suzanne) Crawford is on leave from Michigan in the White House.

Posted by: www.facebook.com/profile.php?id=573100845 | Oct 6, 2009 11:51:27 AM

The UVA list should also include Julia Mahoney, Glen Robinson, and Siva Vaidhyanathan.

Posted by: Dotan Oliar | Oct 6, 2009 12:01:34 PM

For UCLA, add Mark Grady, Jerry Kang, Steve Munzer, and perhaps Kal Raustiala (who has been working occasionally on copyright and has a current book contract on copyright issues). Eugene Volokh has also done some work in the area of cyberspace law.

Posted by: Adam Winkler | Oct 6, 2009 12:06:34 PM

Robinson is emeritus, so doesn't count. And, unless I'm mistaken, Vaidhyanathan is not a member of the law faculty.

Posted by: Brian | Oct 6, 2009 12:07:30 PM

In reply to Mark: we are not counting adjuncts, or emeritus faculty, or faculty not mainly in the law school. Just tenure-stream faculty. I guess I should have made that clearer at the start.

Posted by: Brian | Oct 6, 2009 12:13:21 PM

This list seems under-inclusive.

There is no apparent basis for picking schools like UCLA and not Northwestern (Peter DiCola and Fumi Arewa, and Tonja Jacobi and Emerson Tiller if you are counting people who have published in the area but do not teach IP).

I suggest you have a look at who presented in the last IP Scholars Conference to see who you are missing, see http://www.ipscholars.org/.

Also, if you are not just picking the general top ten schools, you should consider including every school on the U.S. News IP rankings, I am sure someone can get you the full list of 24.

The regular hosts of IPSC probably deserve to be included: ie DePaul (Maggie Livingston, Patty Gerstenblith, Bobbi Kwall, and myself (Matthew Sag) and Cardozo (Justin Hughes et al) in addition to Stanford and Berkeley.

Posted by: Matthew Sag | Oct 6, 2009 12:31:20 PM

For BU, in addition to Stacey Dogan and Michael Meurer, it would be appropriate to add Kevin Outterson, who has published on issues at the intersection of patent law and health law.

Posted by: Kenneth Simons | Oct 6, 2009 12:45:41 PM

Thanks for clarifying the rules. Bill Landes, undoubtedly a giant in the law and economics of IP (among other things), is listed as emeritus and senior lecturer, which thus seems to suggest that his name should not be mentioned in Chicago's list in this poll.

Posted by: Dotan Oliar | Oct 6, 2009 12:52:53 PM

Reply to Matthew Sag: there is an obvious basis for including UCLA and not Northwestern, as I imagine the survey will bear out. UCLA has two prominent tenured faculty in the area (Lichtman and Netanel), and other well-known faculty working in and around these fields, as others have pointed out. Northwestern, even by your accounting, has two junior faculty in IP, and two others who are on the edge. I had assumed that everyone knows the US News listing is a joke, but maybe not. I'm happpy to add DePaul, and if the Cardozo folks think they should be added, that's fine too. But sometimes there is a virtue to not being ranked, of course.

Reply to Dotan Oliar: you're right about Bill, actually. He has been teaching part-time for awhile, and will continue doing so, but he did, while I wasn't looking, take emeritus status last Spring. But query: "Senior Lecturer" is a distinct rank held by part-time teachers at Chicago (including Posner and Easterbrook, though they do not teach as much as Landes). Robinson was listed simply as emeritus. Is he still teaching, and is there a similar rank at UVA (or elsewhere, for readers elsewhere)? If there is, I'll have to figure out how it makes sense to handle these cases.

Posted by: Brian Leiter | Oct 6, 2009 1:08:46 PM

Also at HLS, Jack Goldsmith. I forgot that this was cyberlaw for a moment.

Posted by: Steve | Oct 6, 2009 2:01:01 PM

Consider the University of Maryland School of Law. Danielle Citron; Lawrence Sung; Bill Reynolds and Leslie Meltzer Henry (new with forthcoming Michigan essay).

Posted by: Mark A. Graber | Oct 6, 2009 2:53:53 PM

George Mason has Laura Bradford, Tun-Jen (T.J.) Chiang, Thomas Hazlett, Bruce Kobayashi, Adam Mossoff, Chris Newman, and Sam Vermont. Five out of seven are junior (untenured), so it's a powerhouse group that might underperform in reputation. Also, all but Bruce work primarily in IP or cyberlaw, and I'd suggest somehow segregating lists of such faculty from individuals who occasionally write about such things, but whose primary specialty lies elsewhere.

Posted by: David Bernstein | Oct 6, 2009 6:43:00 PM

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