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Faculty Lists in IP/Cyberlaw

Brian Leiter

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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38 responses to “Faculty Lists in IP/Cyberlaw”

  1. Liz Magill

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

    Reply
  2. Mark McKenna

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

    Reply
  3. Stephanos Bibas

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

    Reply
  4. Steve

    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.

    Reply
  5. Christohper Yoo

    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.

    Reply
  6. danielharr.is

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

    Reply
  7. Sheila Foster

    Dear Brian,
    I think Fordham deserves to be included on this list…
    Fordham: Joel Reidenberg, Sonia Katyal, Jeanne Fromer

    Reply
  8. F. Scott Kieff

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

    Reply
  9. Kenneth A. Bamberger

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

    Reply
  10. Brian

    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.

    Reply
  11. Pam Samuelson

    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.

    Reply
  12. Jeanne Fromer

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

    Reply
  13. Mark Lemley

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

    Reply
  14. Mark Lemley

    Also, Stacey Dogan at BU.
    N.B. Susan (not Suzanne) Crawford is on leave from Michigan in the White House.

    Reply
  15. Dotan Oliar

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

    Reply
  16. Adam Winkler

    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.

    Reply
  17. Brian

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

    Reply
  18. Brian

    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.

    Reply
  19. Matthew Sag

    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.

    Reply
  20. Kenneth Simons

    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.

    Reply
  21. Dotan Oliar

    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.

    Reply
  22. Brian Leiter

    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.

    Reply
  23. Steve

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

    Reply
  24. Mark A. Graber

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

    Reply
  25. David Bernstein

    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.

    Reply
  26. Siva Vaidhyanathan

    Hi Brian. I do teach one course per year at the UVa Law School and am active in other ways, such as speaking for and at the school and participating in events. I am not sure what criteria you have for membership in a faculty. But I do consider myself part of the law faculty … or more precisely, teaching at the law school is part of me.
    Thanks for doing this list!

    Reply
  27. David Olson

    Here at Boston College there are three of us who primarily do IP: Alfred Yen, Joseph Liu, and David Olson.

    Reply
  28. Stephen Ellmann

    I’d like to nominate New York Law School, where I teach, though I’m not one of our cyberlaw/information law folks. They include: Richard Chused, James Grimmelmann, Dan Hunter, Molly Beutz Land, Beth Noveck (on leave in the White House, but a member of our tenured faculty), Rudy Peritz, and Richard Sherwin.

    Reply
  29. Dan Burk

    I’m getting a real kick out of these comments. Many of them remind me of the “IP program” brochures that fill my mailbox from various schools, listing any faculty who have any conceivable connection to IP, no matter how remote (and sometimes imaginary).
    So please add Catherine Fisk to the list for UC Irvine. Yes, she’s primarily a legal historian and employment law expert. But in that capacity she’s done as much or more IP scholarship than many of the suggested additions in the comments so far.
    And don’t forget to add Christopher Leslie — he is the co-author of an IP/Antitrust treatise after all.
    Give me a minute and I’m sure I can come up with several more colleagues who have mentioned IP or the Internet in their scholarship at some time . . .

    Reply
  30. Brett McDonnell

    Minnesota has four faculty who teach and write in the area: Tom Cotter, Dan Gifford, Bill McGeveran, and Ruth Okediji.

    Reply
  31. Dan Burk

    Oh, and to be fair, you really should add University of Minnesota with Tom Cotter, Ruth Okediji, Bill McGeveran, and Dan Gifford as relevant faculty.

    Reply
  32. Brian Leiter

    I have to say I share Professor Burk’s concerns about the ‘padding’ of the lists, but ‘padding’ usually backfires, especially in a specialist poll (which, alas, this version won’t be).
    The issue, by the way, is not “fairness,” but including faculties in the survey that might rate in the “top ten” in the nation. This will no doubt meaning leaving off faculties that might rate in the top 20 or 25.

    Reply
  33. Dan Burk

    Brian — Sorry that I was unclear; by “to be fair” I was primarily refering to myself — adding another strong IP faculty to the poll is in some ways a statement against interest, but I thought I should advocate adding UMN anyway.

    Reply
  34. Jennifer Rothman

    If we’re reading the categories broadly as it appears we are, I would also add Amy Adler at NYU who has done some work on moral rights and Jed Rubenfeld at Yale. Also, I think Minnesota should be added. Although Minnesota lost Dan Burk, it still has Bill McGeveran, Tom Cotter, and Ruth Okediji. I think adding Cardozo, Fordham, BC and DePaul also makes sense.

    Reply
  35. Barton Beebe

    In addition to Rochelle Dreyfuss, Kathy Strandburg, and myself, NYU’s “IP/Cyberlaw” faculty includes Amy Adler, Oren Bar-Gill, Harry First, Eleanor Fox, Clayton Gillette, Florencia Marotta-Wurgler, and Diane Zimmerman. Thanks.

    Reply
  36. Armand Musey

    In addition to the Northwestern faulty mentioned by Matthew Sag (Arewa, DiCola, Jacobi & Tiller), the NU website also includes Clinton Francis, David Dana, & Thomas Morsh as having IP specialties. I am not sure how you are defining cyberlaw, but James Speta’s work on telecom and internet regulation may fit this category.

    Reply
  37. Dan Crane

    If you go for a broad reading, you should add me to the Michigan list since I teach IP and antitrust and write on IP/antitrust intersection issues. Then again, adding me might dilute the Michigan trademark . . .

    Reply
  38. Matthew Sag

    Reply to Brian’s reply: I’m not sure that it was obvious — but I take your point.

    Reply

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