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Faculty

Jonathan Barnett

Jonathan Barnett

Professor of Law

Last Updated: Friday, August 18, 2017

Email:
Telephone: (213) 740-4792
Fax: (213) 740-5502
699 Exposition Blvd. Los Angeles, CA 90089-0074 USA Room: 304B
SSRN Author Page: Link

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Jonathan Barnett is director of the law school's Media, Entertainment and Technology Law Program. Barnett specializes in intellectual property, contracts, antitrust, and corporate law. Barnett has published in the Harvard Law Review, Yale Law Journal, Journal of Legal Studies, Review of Law & Economics, Journal of Corporation Law and other scholarly journals.

He joined USC Law in fall 2006 and was a visiting professor at New York University School of Law in fall 2010. Prior to academia, Barnett practiced corporate law as a senior associate at Cleary Gottlieb Steen & Hamilton in New York, specializing in private equity and mergers and acquisitions transactions. He was also a visiting assistant professor at Fordham University School of Law in New York. A magna cum laude graduate of University of Pennsylvania, Barnett received a MPhil from Cambridge University and a JD from Yale Law School.

Articles and Book Chapters

  • “Has the Academy Led Patent Law Astray?” Berkeley Technology Law Journal (forthcoming 2017). - (SSRN) - (bepress)
  • "Why is Everyone Afraid of IP Licensing?" 30 Harvard Journal of Law & Technology 123 (2017). - (Hein) - (SSRN)
  • "Are There Really Patent Thickets?" 39 Regulation 14 (Winter 2016-2017). - (PDF)
  • "Three Quasi-Fallacies in the Conventional Understanding of Intellectual Property," 12 Journal of Law, Economics & Policy 1 (2016). - (SSRN) - (bepress) - (Hein)
  • "The Anti-Commons Revisited," 29 Harvard Journal of Law and Technology 127 (2015). - (Hein) - (bepress) - (SSRN)
  • “Hollywood Deals: Soft Contracts for Hard Markets,” 64 Duke Law Journal 605 (2015). - (Hein) - (SSRN) - (bepress)
  • “From Patent Thickets to Patent Networks: The Legal Infrastructure of the Digital Economy,” 55 Jurimetrics 1 (2014) - (SSRN) - (bepress) - (Hein)
  • "Copyright Without Creators,” 9 Review of Law & Economics 389 (2013). - (SSRN) - (bepress)
  • "Intermediaries Revisited: Is Efficient Certification Consistent with Profit Maximization?" 37 Journal of Corporation Law 475 (2012). - (SSRN) - (bepress) - (Hein)
  • "The Host's Dilemma: Strategic Forfeiture in Platform Markets for Informational Goods," 124 Harvard Law Review 1861 (2011). - (www) - (SSRN) - (bepress) - (Hein)
  • "What's So Bad About Stealing?" 4 Journal of Tort Law 1 (2011). - (bepress) - (SSRN)
  • "Intellectual Property as a Law of Organization," 84 Southern California Law Review 785 (2011). - (SSRN) - (bepress) - (www) - (Hein)
  • "Do Patents Matter? Empirical Evidence on the Incentive Thesis," in Handbook on Law, Innovation & Growth (Robert E. Litan, ed., Edward Elgar Publishing) (2011). - (SSRN) - (www)
  • "The Illusion of the Commons," 25 Berkeley Technology Law Journal 1751 (2010). - (Hein) - (SSRN) - (bepress)
  • "The Fashion Lottery: Cooperative Innovation in Stochastic Markets," 39 Journal of Legal Studies 159 (2010) (with Gilles Grolleau and Sana El-Harbi). - (SSRN) - (bepress)
  • "Property as Process: How Innovation Markets Select Innovation Regimes," 119 Yale Law Journal 384 (2009). - (SSRN) - (Hein) - (bepress)
  • "Is Intellectual Property Trivial?" 157 University of Pennsylvania Law Review 1691 (2009). - (Hein) - (SSRN) - (bepress)
  • "Certification Drag: The Opinion Puzzle and Other Transactional Curiosities," 33 Journal of Corporation Law 95 (2007). - (Hein) - (SSRN) - (bepress)
  • "Shopping for Gucci on Canal Street: Status Consumption, Intellectual Property and the Incentive Thesis," 91 Virginia Law Review 1381 (2005). - (Hein) - (SSRN)
  • "Private Protection of Patentable Goods," 25 Cardozo Law Review 1251 (2004). - (Hein) - (SSRN)
  • "Rational Underenforcement of Vice Laws," 54 Rutgers Law Review 423 (2002). - (Hein) - (SSRN)
  • "Cultivating the Genetic Commons: Imperfect Patent Protection and the Network Model of Innovation," 37 San Diego Law Review 987 (2000). - (Hein) - (SSRN)
  • "Rights, Costs, and the Incommensurability Problem," 86 Virginia Law Review 1303 (2000). - (Hein)

Works in Progress

  • The Cost of Free: Commodification, Bundling and Concentration. - (SSRN)
  • Patent Tigers: The New Geography of Global Innovation.
    - (SSRN)
  • Revisiting Labor Mobility in Innovation Markets (with Ted Sichelman). - (SSRN)

Other Publications

  • "Does the Supreme Court Understand the Innovation Economy?" (with Ted Sichelman), Forbes, July 13, 2017. - (www)
  • “An Economic Argument Against Mandatory Patent Exhaustion” (with Ted Sichelman), Patently-O, March 19, 2017. - (www)
  • "Amicus Brief of 44 Law, Economics and Business Professors in Support of Respondent in Impression Products, Inc. v. Lexmark International, Inc., Supreme Court of the United States" (Filed Feb. 23, 2017) (co-lead author, with Ted Sichelman).
      - (SSRN)

FACULTY IN THE NEWS

KTAR-FM
October 15, 2017
Re: Edward Kleinbard

Edward Kleinbard was interviewed about President Donald Trump's tax plan on how it will impact America's middle class. "It's not a very coherent philosophical document other than let's cut taxes on the most affluent Americans," Kleinbard said.

RECENT SCHOLARSHIP

Gillian Hadfield
August, 2017

Gillian Hadfield attained SSRN's designation as being in the top 10% of Authors on SSRN by all-time downloads.

Abby K. Wood
August, 2017

Abby Wood's paper, "To See or Not to See?  Campaign Finance Disclosure and Voter Competence" was accepted to the 2017 Conference on Empirical Legal Studies (after peer review).

Jonathan Barnett
July, 2017

"Does the Supreme Court Understand the Innovation Economy?" (with Ted Sichelman). Forbes Magazine Opinion (July 2017).