Author: Jacob H. Rooksby
Publisher: JHU Press
Release Date: 2016-10-30
Universities generate an enormous amount of intellectual property, including copyrights, trademarks, patents, Internet domain names, and even trade secrets. Until recently, universities often ceded ownership of this property to the faculty member or student who created or discovered it in the course of their research. Increasingly, though, universities have become protective of this property, claiming it for their own use and licensing it as a revenue source instead of allowing it to remain in the public sphere. Many universities now behave like private corporations, suing to protect trademarked sports logos, patents, and name brands. Yet how can private rights accumulation and enforcement further the public interest in higher education? What is to be gained and lost as institutions become more guarded and contentious in their orientation toward intellectual property? In this pioneering book, law professor Jacob H. Rooksby uses a mixture of qualitative, quantitative, and legal research methods to grapple with those central questions, exposing and critiquing the industry’s unquestioned and growing embrace of intellectual property from the perspective of research in law, higher education, and the social sciences. While knowledge creation and dissemination have a long history in higher education, using intellectual property as a vehicle for rights staking and enforcement is a relatively new and, as Rooksby argues, dangerous phenomenon for the sector. The Branding of the American Mind points to higher education’s love affair with intellectual property itself, in all its dimensions, including newer forms that are less tied to scholarly output. The result is an unwelcome assault on the public’s interest in higher education. Presuming no background knowledge of intellectual property, and ending with a call to action, The Branding of the American Mind explores applicable laws, legal regimes, and precedent in plain English, making the book appealing to anyone concerned for the future of higher education.
Understanding the politics of Higher Education is becoming more important as the sector is increasingly recognised as a vital source of innovation, skills, economic prosperity, and personal wellbeing. Yet key political differences remain over such issues as who should pay for higher education, how should it be accountable, and how we measure its quality and productivity. Particularly, are states or markets the key in helping to address such matters. The Handbook provides framing perspectives and perspectives, chapters on funding, governance and regulation, and pieces on the political economy of higher education and on the increased role of external stakeholders and indicators.
Author: Brett M. Frischmann
Publisher: Oxford University Press
Release Date: 2014
"Knowledge commons" describes the institutionalized community governance of the sharing and, in some cases, creation, of information, science, knowledge, data, and other types of intellectual and cultural resources. It is the subject of enormous recent interest and enthusiasm with respect to policymaking about innovation, creative production, and intellectual property. Taking that enthusiasm as its starting point, Governing Knowledge Commons argues that policymaking should be based on evidence and a deeper understanding of what makes commons institutions work. It offers a systematic way to study knowledge commons, borrowing and building on Elinor Ostrom's Nobel Prize-winning research on natural resource commons. It proposes a framework for studying knowledge commons that is adapted to the unique attributes of knowledge and information, describing the framework in detail and explaining how to put it into context both with respect to commons research and with respect to innovation and information policy. Eleven detailed case studies apply and discuss the framework exploring knowledge commons across a wide variety of scientific and cultural domains.
Author: Henry Reichman
Publisher: Johns Hopkins University Press
Release Date: 2019-04-02
The issues Reichman considers—which are the subjects of daily conversation on college and university campuses nationwide, as well as in the media—will fascinate general readers, students, and scholars alike.
Author: Oren R. Griffin
Publisher: Johns Hopkins University Press
Release Date: 2018-11-01
Touching on a range of issues, including academic dishonesty, sexual assault, freedom of speech, quasi-criminal activity, and other acts of misconduct, Investigating Student Misconduct is supported by a review of relevant judicial decisions from state and federal courts, along with a conceptual and pragmatic analysis of important statutory and constitutional provisions, including Title IX and FERPA.
UW Struggle provides an on-the-ground view of the smoldering attack on public higher education in Wisconsin. This is a chronicle of failed leadership and what actions, if any, can protect this vital American institution.
Author: Shobita Parthasarathy
Publisher: University of Chicago Press
Release Date: 2017-02-21
Introduction -- Defining the public interest in the US and European patent systems -- Confronting the questions of life-form patentability -- Commodification, animal dignity, and patent-system publics -- Forging new patent politics through the human embryonic stem cell debates -- Human genes, plants, and the distributive implications of patents -- Conclusion
Today, nearly every aspect of higher education—including student recruitment, classroom instruction, faculty research, administrative governance, and the control of intellectual property—is embedded in a political economy with links to the market and the state. Academic capitalism offers a powerful framework for understanding this relationship. Essentially, it allows us to understand higher education’s shift from creating scholarship and learning as a public good to generating knowledge as a commodity to be monetized in market activities. In Academic Capitalism in the Age of Globalization, Brendan Cantwell and Ilkka Kauppinen assemble an international team of leading scholars to explore the profound ways in which globalization and the knowledge economy have transformed higher education around the world. The book offers an in-depth assessment of the theoretical foundations of academic capitalism, as well as new empirical insights into how the process of academic capitalism has played out. Chapters address academic capitalism from historical, transnational, national, and local perspectives. Each contributor offers fascinating insights into both new conceptual interpretations of and practical institutional and national responses to academic capitalism. Incorporating years of research by influential theorists and building on the work of Sheila Slaughter, Larry Leslie, and Gary Rhoades, Academic Capitalism in the Age of Globalization provides a provocative update for understanding academic capitalism. The book will appeal to anyone trying to make sense of contemporary higher education.
Author: William M. LANDES
Publisher: Harvard University Press
Release Date: 2009-06-30
This book takes a fresh look at the most dynamic area of American law today, comprising the fields of copyright, patent, trademark, trade secrecy, publicity rights, and misappropriation. Topics range from copyright in private letters to defensive patenting of business methods, from moral rights in the visual arts to the banking of trademarks, from the impact of the court of patent appeals to the management of Mickey Mouse. The history and political science of intellectual property law, the challenge of digitization, the many statutes and judge-made doctrines, and the interplay with antitrust principles are all examined. The treatment is both positive (oriented toward understanding the law as it is) and normative (oriented to the reform of the law). Previous analyses have tended to overlook the paradox that expanding intellectual property rights can effectively reduce the amount of new intellectual property by raising the creators' input costs. Those analyses have also failed to integrate the fields of intellectual property law. They have failed as well to integrate intellectual property law with the law of physical property, overlooking the many economic and legal-doctrinal parallels. This book demonstrates the fundamental economic rationality of intellectual property law, but is sympathetic to critics who believe that in recent decades Congress and the courts have gone too far in the creation and protection of intellectual property rights. Table of Contents: Introduction 1. The Economic Theory of Property 2. How to Think about Copyright 3. A Formal Model of Copyright 4. Basic Copyright Doctrines 5. Copyright in Unpublished Works 6. Fair Use, Parody, and Burlesque 7. The Economics of Trademark Law 8. The Optimal Duration of Copyrights and Trademarks 9. The Legal Protection of Postmodern Art 10. Moral Rights and the Visual Artists Rights Act 11. The Economics of Patent Law 12. The Patent Court: A Statistical Evaluation 13. The Economics of Trade Secrecy Law 14. Antitrust and Intellectual Property 15. The Political Economy of Intellectual Property Law Conclusion Acknowledgments Index Reviews of this book: Chicago law professor William Landes and his polymath colleague Richard Posner have produced a fascinating new book...[The Economic Structure of Intellectual Property Law] is a broad-ranging analysis of how intellectual property should and does work...Shakespeare's copying from Plutarch, Microsoft's incentives to hide the source code for Windows, and Andy Warhol's right to copyright a Brillo pad box as art are all analyzed, as is the question of the status of the all-bran cereal called 'All-Bran.' --Nicholas Thompson, New York Sun Reviews of this book: Landes and Posner, each widely respected in the intersection of law and economics, investigate the right mix of protection and use of intellectual property (IP)...This volume provides a broad and coherent approach to the economics and law of IP. The economics is important, understandable, and valuable. --R. A. Miller, Choice Intellectual property is the most important public policy issue that most policymakers don't yet get. It is America's most important export, and affects an increasingly wide range of social and economic life. In this extraordinary work, two of America's leading scholars in the law and economics movement test the pretensions of intellectual property law against the rationality of economics. Their conclusions will surprise advocates from both sides of this increasingly contentious debate. Their analysis will help move the debate beyond the simplistic ideas that now tend to dominate. --Lawrence Lessig, Stanford Law School, author of The Future of Ideas: The Fate of the Commons in a Connected World An image from modern mythology depicts the day that Einstein, pondering a blackboard covered with sophisticated calculations, came to the life-defining discovery: Time = $$. Landes and Posner, in the role of that mythological Einstein, reveal at every turn how perceptions of economic efficiency pervade legal doctrine. This is a fascinating and resourceful book. Every page reveals fresh, provocative, and surprising insights into the forces that shape law. --Pierre N. Leval, Judge, U.S. Court of Appeals, Second Circuit The most important book ever written on intellectual property. --William Patry, former copyright counsel to the U.S. House of Representatives, Judiciary Committee Given the immense and growing importance of intellectual property to modern economies, this book should be welcomed, even devoured, by readers who want to understand how the legal system affects the development, protection, use, and profitability of this peculiar form of property. The book is the first to view the whole landscape of the law of intellectual property from a functionalist (economic) perspective. Its examination of the principles and doctrines of patent law, copyright law, trade secret law, and trademark law is unique in scope, highly accessible, and altogether greatly rewarding. --Steven Shavell, Harvard Law School, author of Foundations of Economic Analysis of Law
When Carter Bryant began designing what would become the billion-dollar line of Bratz dolls, he was taking time off from his job at Mattel, where he designed outfits for Barbie. Later, back at Mattel, he sold his concept for Bratz to rival company MGA. Law professor Orly Lobel reveals the colorful story behind the ensuing decade-long court battle. This entertaining and provocative work pits audacious MGA against behemoth Mattel, shows how an idea turns into a product, and explores the two different versions of womanhood, represented by traditional all-American Barbie and her defiant, anti-establishment rival--the only doll to come close to outselling her. In an era when workers may be asked to sign contracts granting their employers the rights to and income resulting from their ideas--whether conceived during work hours or on their own time--Lobel's deeply researched story is a riveting and thought-provoking contribution to the contentious debate over creativity and intellectual property.
Author: David R. Johnson
Publisher: JHU Press
Release Date: 2017-09-22
The commercialization of research is one of the most significant contemporary features of US higher education, yet we know surprisingly little about how scientists perceive and experience commercial rewards. A Fractured Profession is the first book to systematically examine the implications of commercialization for both universities and faculty members from the perspective of academic scientists. Drawing on richly detailed interviews with sixty-one scientists at four universities across the United States, sociologist David R. Johnson explores how an ideology of commercialism produces intraprofessional conflict in academia. The words of scientists themselves reveal competing constructions of status, conflicting norms, and divergent career paths and professional identities. Commercialist scientists embrace a professional ideology that emphasizes the creation of technologies that control societal uncertainties and advancing knowledge toward particular—and financial—ends. Traditionalist scientists, on the other hand, often find themselves embattled and threatened by university and federal emphasis on commercialization. They are less concerned about issues such as conflicts of interest and corruption than they are about unequal rewards, unequal conditions of work, and conflicts of commitment to university roles and basic science. Arguing that the division between commercialists and traditionalists represents a new form of inequality in the academic profession, this book offers an incisive look into the changing conditions of work in an era of academic capitalism. Focusing on how the profit motive is reshaping higher education and redefining what faculty are supposed to do, this book will appeal to scientists and academics, higher education scholars, university administrators and policy makers, and students considering a career in science.
Author: Christopher Newfield
Publisher: JHU Press
Release Date: 2016-10-18
Genre: Business & Economics
A powerful, hopeful critique of the unnecessary death spiral of higher education, The Great Mistake is essential reading for those who wonder why students have been paying more to get less and for everyone who cares about the role the higher education system plays in improving the lives of average Americans.
Author: John Palfrey
Publisher: MIT Press
Release Date: 2011-10-07
Most managers leave intellectual property issues to the legal department, unaware that an organization's intellectual property can help accomplish a range of management goals, from accessing new markets to improving existing products to generating new revenue streams. In this book, intellectual property expert and Harvard Law School professor John Palfrey offers a short briefing on intellectual property strategy for corporate managers and nonprofit administrators. Palfrey argues for strategies that go beyond the traditional highly restrictive "sword and shield" approach, suggesting that flexibility and creativity are essential to a profitable long-term intellectual property strategy -- especially in an era of changing attitudes about media. Intellectual property, writes Palfrey, should be considered a key strategic asset class. Almost every organization has an intellectual property portfolio of some value and therefore the need for an intellectual property strategy. A brand, for example, is an important form of intellectual property, as is any information managed and produced by an organization. Palfrey identifies the essential areas of intellectual property -- patent, copyright, trademark, and trade secret -- and describes strategic approaches to each in a variety of organizational contexts, based on four basic steps. The most innovative organizations employ multiple intellectual property approaches, depending on the situation, asking hard, context-specific questions. By doing so, they achieve both short- and long-term benefits while positioning themselves for success in the global information economy.
Something is going wrong on many college campuses in the last few years. Rates of anxiety, depression, and suicide are rising. Speakers are shouted down. Students and professors say they are walking on eggshells and afraid to speak honestly. How did this happen? First Amendment expert Greg Lukianoff and social psychologist Jonathan Haidt show how the new problems on campus have their origins in three terrible ideas that have become increasingly woven into American childhood and education: what doesn’t kill you makes you weaker; always trust your feelings; and life is a battle between good people and evil people. These three Great Untruths are incompatible with basic psychological principles, as well as ancient wisdom from many cultures. They interfere with healthy development. Anyone who embraces these untruths—and the resulting culture of safetyism—is less likely to become an autonomous adult able to navigate the bumpy road of life. Lukianoff and Haidt investigate the many social trends that have intersected to produce these untruths. They situate the conflicts on campus in the context of America’s rapidly rising political polarization, including a rise in hate crimes and off-campus provocation. They explore changes in childhood including the rise of fearful parenting, the decline of unsupervised play, and the new world of social media that has engulfed teenagers in the last decade. This is a book for anyone who is confused by what is happening on college campuses today, or has children, or is concerned about the growing inability of Americans to live, work, and cooperate across party lines.