Articles
Constructing Commons in the Cultural Environment (with Michael J. Madison and Brett M. Frischmann), Cornell Law Review (2010)
This Article sets out a framework for investigating sharing and resource pooling arrangements for information...
Evolving Innovation Paradigms and the Global Intellectual Property Regime, Connecticut Law Review (2009)
Since the negotiation of the Agreement on Trade-Related Aspects of Intellectual Property (TRIPS) in 1994,...
Patent Citation Networks Revisited: Signs of a Twenty-First Century Change (with Gabor Csardi, Laszlo Zalanyi, Jan Tobochnik, and Peter Erdi), North Carolina Law Review (2009)
This Article reports an empirical study of the network composed of patent “nodes” and citation...
The University as Constructed Cultural Commons (with Michael J. Madison and Brett M. Frischmann), Washington University Journal of Law and Policy (2009)
This paper examines commons as socially constructed environments built via and alongside intellectual property rights...
User Innovator Community Norms at the Boundary Between Academic and Industrial Research, Fordham Law Review (2009)
In this essay, I consider norms of sharing research tools and materials in what has...
Who's in the Club? A Response to Oliar and Sprigman, Virginia Law Review in Brief (2009)
This brief essay responds to the very interesting article, "There's No Free Laugh (Anymore): The...
Freedom of Association in a Networked World: First Amendment Regulation of Relational Surveillance, Boston College Law Review (2008)
Recent controversies about the National Security Agency's warrantless wiretapping of international calls have somewhat overshadowed...
Patent Carrots and Sticks: An Economic Model of Nonobviousness (with Michael J. Meurer), Lewis and Clark Law Review (2008)
The authors develop an informal model of the impact of the nonobviousness standard on the...
Users as Innovators: Implications for Patent Doctrine, University of Colorado Law Review (2008)
User innovators range from commercial firms, which invent new production methods in expectation of competitive...
What If There Were a Business Method User Exemption to Patent Infringement?, Michigan State Law Review (2008)
The Federal Circuit’s decision in State Street Bank & Trust Co. v. Signature Financial Group...
Law and the Science of Networks: An Overview and an Application to the "Patent Explosion" (with Gabor Csardi, Jan Tobochnik, Peter Erdi, and Laszlo Zalanyi), Berkeley Technology Law Journal (2007)
The network may be the metaphor of the present era. A network, consisting of “nodes”...
Modeling Innovation by a Kinetic Description of the Patent Citation System (with Gabor Csardi, Jan Tobochnik, Peter Erdi, and Laszlo Zalanyi), Physica A (2007)
This paper reports results of a network theory approach to the study of the United...
Debate, The Obviousness Requirement in the Patent Law (with R. Polk Wagner), University of Pennsylvania Law Review PENNumbra (2006)
In this debate, Professor R. Polk Wagner, of Penn, and Professor Katherine J. Strandburg, of...
Privacy, Rationality, and Temptation: A Theory of Willpower Norms, Rutgers Law Review (2005)
Social norms that look askance at people when they disclose their own personal information in...
What Does the Public Get? Experimental Use and the Patent Bargain, Wisconsin Law Review (2004)
This article deals with the increasing tension between the tradition of protecting commercially valuable inventions...
Contributions to Books
Norms and the Sharing of Research Materials and Tacit Knowledge, Working Within the Boundaries of Intellectual Property (2009)
As discussed in Wesley Cohen’s chapter in this volume, recent empirical studies have documented that...
Surveillance of Emergent Associations: Freedom of Association in a Network Society, Digital Privacy: Theory, Technologies, and Practices (2007)
Recent events have combined to bring of the prospect of using communications traffic data to...
The Research Exemption to Patent Infringement: The Delicate Balance Between Current and Future Technical Progress, INTELLECTUAL PROPERTY AND INFORMATION WEALTH (2006)
Estimating the Dynamics of Kernel-Based Evolving Networks (with Gabor Csardi, Laszlo Zalanyi, Jan Tobochnik, and Peter Erdi), PROCEEDINGS OF THE SIXTH INTERNATIONAL CONFERENCE ON COMPLEX SYSTEMS (2006)
In this paper we present the application of a novel methodology to scientific citation and...
Curiosity-Driven Research and University Technology Transfer, ADVANCES IN THE STUDY OF ENTREPRENEURSHIP, INNOVATION, AND ECONOMIC GROWTH (2005)
The rise in university patenting has provoked concerns about the effects that increasing university entanglements...
Social Norms, Self Control, and Privacy in the Online World, PRIVACY AND TECHNOLOGIES OF IDENTITY: A CROSS-DISCIPLINARY CONVERSATION (2005)
This chapter explores ways in which human limitations of rationality and susceptibility to temptation might...
Unpublished Papers
Technology Transfer and An Information View of Universities: A Conceptual Framework For Academic Freedom, Intellectual Property, Technology Transfer and the University Mission (with Patrick L. Jones) (2006)
In this Article, we provide a conceptual framework for technology transfer grounded in the fundamental...