Jessica Silbey

Considers selected issues concerning judicial review, federalism, separation of powers, and individual rights.

This course will give you an introduction to copyright, including a foundation in the theories underlying copyright law, an understanding of the current contours of copyright protection, the basic elements of proving infringement, the fair use defense to and remedies for infringement, and familiarity with related forms of liability such as contributory and vicarious liability. Each class meeting will consist of a combination of lecture and class discussion. Our discussions will focus on discussion of the reading - including cases and policies - and applying the reading to new scenarios. We'll work through hypotheticals based on real-world examples and explore scenarios that will require you to think from a variety of different perspectives. Grading will be based on class participation, including problem sets and hypotheticals worked on in groups, and a 3-hour, closed book, final exam.

This IP seminar studies the complicated relationship of access and ownership in the development and sustainability of IP-rich communities in the internet age. Students read intensely for the first half of the semester about particular creative and innovative communities and their IP practices, e.g., video game developers, graffiti artists, biomedical engineers, podcasters, photographers, chefs, jewelry designers, app developers (the list is endless!). In this first part of the course, students write short response papers and discuss the material. They will also begin formulating a plan for the second half of the semester, in which they will choose their own a creative or innovative community to study in depth. The second half of the semester supports the student in that research project, identifying the community, gaining access to evidence about that community, analyzing the evidence, and developing legal analysis of intellectual property issues for that community. We workshop the individual projects as a group, read proposals together, and continue with our reading on intellectual property issues that relate to the chosen projects. The final project is a combination of (1) facts/evidence about the community, (2) a written analysis of the facts, (3) legal proposals to aid the achievement of its goals as a creative or innovative community, and (4) a short presentation to the class of the findings/analysis. COREQUISITE/PREREQUISITE: Intellectual Property, Copyright, Trademark, or Patent Law. GRADING NOTICE: This course does not offer the CR/NC/H option. UPPER-CLASS WRITING REQUIREMENT: A limited number of students may use this class to satisfy the requirement. **A student who fails to attend the initial meeting of a seminar (designated by an (S) in the title), or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

This CLASS IS RESTRICTED to students who have received permission from the Clinical and Experiential Programs Office to enroll. In lieu of a seminar, students write a 15–20 page paper and submit seven bi-weekly journals (4–6 pages each) under the guidance of a faculty supervisor. The 2 credits count towards the 3-credit cap on independent study credits as well as the 17-credit cap on non-GPA credits. Students may satisfy the upper-class writing requirement through the paper under agreement of the sponsoring faculty member. COREQUISITE: INDEPENDENT PROPOSAL EXTERNSHIP: FIELDWORK (LAW JD 709).

Upper-class students may pursue a special research interest under the guidance of a full time faculty member, and earn one or two semester credits for a Supervised Research and Writing project (also known as an Independent Study). The study must involve a substantial investment of time and effort, and result in significant written work that reflects a high standard of legal scholarship. The student's final grade will be based solely upon written work submitted, and will be included in the student's average. NOTE: Students must register for Supervised Research and Writing directly with the Registrar's Office. You may not register via the Student Portal.