Faculty

Brett M. Frischmann
Associate Professor


Biography
Professor Frischmann is an associate professor with expertise in intellectual property and Internet law. He joined the Loyola faculty in 2002 after clerking for the Honorable Fred I. Parker of the U.S. Court of Appeals for the Second Circuit and practicing at Wilmer, Cutler & Pickering in Washington, DC. Professor Frischmann has held visiting appointments at Cornell Law School (2008-2009) and Fordham University, School of Law (Fall 2007).

Professor Frischmann writes extensively on a wide range of topics. His recent work examines the relationships between infrastructural resources, property rights, commons, and spillovers. He is currently writing a book on the topic that will be published by Yale University Press. He publishes regularly in both law reviews and peer review journals. Law reviews featuring his work include the Columbia Law Review, Cornell Law Review, University of Chicago Law Review,  and Minnesota Law Review. Peer reviewed journals featuring his work include the Antitrust Law Journal, Jurimetrics, and Review of Law and Economics.

Professor Frischmann's scholarship has engaged legal academics and economists and led to a variety of important scholarly exchanges. For example, Professors Lawrence Lessig (Stanford Law), Harold Demsetz (UCLA Economics), and Anne Barron (London School of Economics) have published replies to his work; the Ecology Law Quarterly dedicated an issue to the exploration of his work on infrastructure and commons, featuring articles by Professors David Driesen, Gregory Mandel, and Marc Poirier, as well as by Professor Frischmann; and in early 2010, the Cornell Law Review will dedicate a Special Issue to his article, Constructing Commons in the Cultural Environment, co-authored with Professors Michael Madison and Katherine Strandburg. The Special Issue will include commentary on the featured article by leading academics.

 

Education
B.A., Astrophysics, Columbia University, 1995
M.S., Earth Resources Engineering, Columbia University, 1997
J.D., magna cum laude, Georgetown University Law Center, 2000

 

Courses Taught

Advanced Copyright Law
Cyberlaw: Introduction to Legal Issues Arising on the Internet
Intellectual Property
Torts

  Professor Brett M. Frischmann

 

Loyola University Chicago
School of Law
25 E. Pearson Street
Room 1315
Chicago, IL 60611
Phone: (312) 915-7887
Fax: (312) 915-7201
Email: bfrisch@luc.edu

 
Articles
Other Publications
Unpublished Op-Eds
Works in Progress
Recent Presentations

Blog

Publications

 

Articles

Constructing Commons in the Cultural Environment, Cornell Law Review (forthcoming 2010)

Spillovers Theory and Its Conceptual Boundaries, William & Mary Law Review (forthcoming 2009)

The Pull of Patents, Fordham Law Review (forthcoming 2009)

Environmental Infrastructure, 35 Ecology Law Quarterly 2 (forthcoming 2008).

Speech, Spillovers, and the First Amendment, University of Chicago Legal Forum (forthcoming 2008). Draft available at: http://ssrn.com/abstract=1082497.

Revitalizing Essential Facilities, 75 Antitrust Law Journal 1 (2008) (with Spencer Weber Waller, Loyola University Chicago) (peer reviewed). Draft available at: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=961609

Cultural Environmentalism and The Wealth of Networks, University of Chicago Law Review (2007) (reviewing Yochai Benkler, The Wealth of Networks: How Social Production Transforms Markets and Freedom (2006)). Draft available at: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=972772

Network Neutrality and The Economics of an Information Superhighway: A Reply to Professor Yoo, 47 Jurimetrics 383 (2007) (with Dr.-Ing. Barbara van Schewick, Stanford).
Draft available at: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1014691

Spillovers, 107 Colum.L.Rev. 257 (2007) (with Mark A. Lemley, Stanford)
Draft available at: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=898881

Evaluating the Demsetzian Trend in Copyright Law, 3 Review of Law and Economics (2007) (peer reviewed) at http://www.bepress.com/rle/vol3/iss3/art2
Earlier draft available at: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=855244. See also Harold Demsetz, Frischmann's View of "Toward a Theory of Property Rights," Review of Law & Economics: Vol. 4 : Iss. 1, Article 7.
Available at: http://www.bepress.com/rle/vol4/iss1/art7.

An Economic Theory of Infrastructure and Commons Management, 89 Minnesota Law Review 917 (2005). See also Lawrence Lessig, Re-Marking the Progress in Frischmann, 89 Minnesota Law Review 1031 (2005)
Abstract
Draft available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=588424

Peer-to-Peer Technology as Infrastructure: An Economic Argument For Retaining Sony's Safe Harbor For Technologies Capable of Substantial Noninfringing Uses, J. Copyright Society 329 (2005) (peer reviewed)
Abstract
Draft available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=726413

Some Thoughts on Shortsightedness and Intergenerational Equity, 36 Loyola U. Chi. L.J. 457 (2005)
Abstract
Draft available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=721025

Infrastructure Commons, 89 Mich. St. L. Rev. 121 (2005) (symposium article)

A Dynamic Institutional Theory of International Law, 51 Buff. L. Rev. 679 (2003)
Abstract
Full article available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=463260

The Prospect of Reconciling Internet and Cyberspace, 35 Loyola U. Chi. L.J. 205 (2003)
Abstract
Full article available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=515970

Privatization and Commercialization of the Internet Infrastructure: Rethinking Market Intervention into Government and Government Intervention into the Market, 2 Colum. Sci. & Tech. L. Rev. 1 (June 8, 2001)
Abstract
Full article available at www.columbia.edu/cu/stlr/html/volume2/frischmannintro.html

Using the Multi-Layered Nature of International Emissions Trading and of International-Domestic Legal Systems to Escape a Multi-State Compliance Dilemma, 13 Geo. Int'l Envtl. L. Rev. 463 (2001)
Abstract

The Evolving Common Law Doctrine of Copyright Misuse: A Unified Theory and its Application to Software, 15 Berkeley Tech. L.J. 865 (Fall 2000) (with Dan Moylan)
Abstract

Innovation and Institutions: Rethinking the Economics of U.S. Science and Technology Policy, 24 Vt. L. Rev. 347 (Spring 2000)
Abstract
Full article available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=665842

 

Other Publications

Book Review, Avoiding a Cliff Dive, reviewing Jonathan Zittrain's The Future of the Internet and How to Stop It, 321 Science 491 (July 25, 2008) (peer reviewed).

The Death or Rebirth of the Copyright?, 18 Ford. Intell. Prop., Media & Ent. L. J. 1095 (2008) (panel discussion).

Trademarks v. Free Speech in Cyberspace, 18 Ford. Intell. Prop., Media & Ent. L. J. 1165 (2008) (panel discussion).

Essay, Infrastructure Commons in Economic Perspective, First Monday, vol. 12, num. 6 (June 2007), at http://firstmonday.org/issues/issue12_6/frischmann/index.html

Chapter, The Evolving Doctrine of Copyright Misuse, Intellectual Property and Information Wealth (Ed. Peter Yu, Praeger, forthcoming 2007) (with Daniel Moylan)
Draft available at: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=914535

Book Chapter, Commercializing University Research Systems in Economic Perspective: A View from the Demand Side, in University Entrepreneurship and Technology Transfer: Process, Design, and Intellectual Property, volume 16, Elsevier Science/JAI Press Series: Advances in the Study of Entrepreneurship, Innovation, and Economic Growth (forthcoming 2005). Abstract

Book Chapter, Access to Infrastructure in Economic Perspective, in Cyber Policy and Economics in an Internet Age, 2d. ed. (Lorenzo Pupillo & William Lehr eds., forthcoming 2005) (College/university textbook).

Book Chapter, A Comparative Analysis of Compliance Institutions in International Trade Law and International Environmental Law, in Handbook of International Trade: Economic and Legal Analysis of Laws and Institutions (Jim Hartigan ed., forthcoming Fall 2003)

The role of universities in the generation of Ests, in Atas XII-The Role of Publicly Funded Research and Publicly Owned Technologies in the Transfer and Diffusion of Environmentally Sound Technologies 371 (United Nations 2000) (with Daehyun Kim and Kunsoo Kim)
Available at http://www.unctad.org/en/docs//psiteiipd9.en.pdf

Book Note, 11 Geo. Int'l Envtl. L. Rev. 235 (1998) (reviewing Law and Economics of the Environment (Erling Eide & Roger van den Bergh eds., 1996)).

 

Unpublished Op-Eds

Market Infatuation, Aug. 27, 2003

The "Global Test" and Preemptive War, Oct. 17, 2004

 

Works in Progress

Where Micro meets Macro in Technology Space (with Christiaan Hogendorn, Wesleyan University, economics).

Compliance Institutions in Treaties (with Jim Hartigan, University of Oklahoma, economics). Draft available at: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=992462

IP, Pooling Arrangements, and Constructed Environments (with Michael Madison, University of Pittsburgh and Joe Miller, Lewis and Clark University)
Early draft available at: http://web.si.umich.edu/tprc/papers/2006/610/essay%20on%20pools.pdf

The Pull of Patents
Draft available at: http://law.bepress.com/expresso/eps/700/

Understanding Spillovers as Social Investments in the Capabilities of Others (with implications for IP)

Intellectual Progress: A Process-Oriented View of Intellectual Property

 

Recent Presentations

Conference, Maturing Internet Studies, Northwestern University, Chicago, IL, May 20, 2009 (Presenting Locating the Missing Values).

Workshop, The Intersection between Distributed, Open Innovation and IP, sponsored by the Berkman Center for Internet and Society at Harvard, and the MIT Sloan School of Management, Boston, MA, May 18-19, 2009.

Cornell Information Sciences Colloquium, Cornell University, Ithaca, NY, April, 2009 (Presenting TBA).

Conference, New Economics: Implications of Post-neoclassical Economics for the ICT Sector, Columbia Institute of Tele-Information, Columbia University, New York, NY, March 20, 2009 (presentation on infrastructure theory).

Workshop on the Economics of Security of the Information Infrastructure, University of California at Berkeley, Berkeley, CA, March 5, 2009 (invitation only, interdisciplinary workshop) (presentation on network neutrality).

Conference, The Boundaries of Intellectual Property Law, William & Mary, School of Law, William & Mary Law Review Symposium, Williamsburg, VA, February 6-7, 2009 (Presented Spillovers Theory and Its Conceptual Boundaries).

Fourth Wharton Colloquium on Media and Communications Law, The Wharton School, University of Pennsylvania, Philadelphia, PA, December 5-6, 2008.

Faculty Workshop, Cornell University, School of Law, November 5, 2008 (Presented Constructing Commons in the Cultural Environment).

Co-Organizer and Speaker, Conference: When Worlds Collide: Intellectual Property Law at the Interface Between Systems of Knowledge Creation, Fordham Law Review, Fordham Law School, Oct. 30-31 (2008) (organized with Katherine Strandburg, DePaul, and Jay Kesan, Illinois; presenting The Pull of Patents).

Speaker, Faculty Workshop, Washington & Lee University, School of Law, Oct. 20, 2008. (Presenting chapter from infrastructure book project).

Speaker, Eighth Annual Intellectual Property Scholars Conference, Stanford University, Aug. 9-10, 2008. Presenting Understanding Spillovers as Social Investments in the Capabilities of Others (with implications for IP)).

Speaker, Governing Shared Resources: Connecting Local Experience to Global Challenges, 12th Biennial Conference of the International Association for the Study of Commons, Cheltenham , England, July 14-18, 2008 (presenting (i) IP, Pooling Arrangements, and Constructed Environments and (ii) Where Micro meets Macro in Technology Space).

Speaker, Science & Technology Studies (STS) and IP Law, co-sponsored by the Stanford Program in Law, Science and Technology, Stanford Law School and the Berkeley Center for Law and Technology at the University of California at Berkeley School of Law, St. Helena, CA, May 9-10, 2008 (Presented Intellectual Infrastructure and STS).

Speaker, Information and the Information Economy, co-sponsored by the Intellectual Property and Communication Law Program at the Michigan State University School of Law, the Donald McGannon Communication Research Center at Fordham University, and the Quello Center for Telecommunication Management and Law at Michigan State University, May 2-3, 2008. (Presented Locating the Missing Value(s)).

Speaker, Open-Source and Proprietary Models of Innovation, Center for Research on Innovation and Entrepreneurship, Washington University in St. Louis, School of Law, Apr. 4-5, 2008. (Presented IP, Pooling Arrangements, and Constructed Environments).

Speaker, Faculty Workshop, Seton Hall University, School of Law, Mar. 10, 2008. (Presented chapter from infrastructure book project).

Panel Chair, WTO Conference, Loyola University Chicago, February 2008.

Speaker, National Academies of Science on Cyberinfrastructure and University Research & Development, February 2008.

Speaker, Law in a Networked World, University of Chicago Legal Forum, University of Chicago, School of Law, Oct. 26-27, 2007. (Presented A Note on the Economics of the First Amendment: Sustaining a Spillover Rich Networked Environment).

Speaker, Faculty Workshop, Cornell University, School of Law, Aug. 31, 2007. (Presented Revitalizing Essential Facilities)

Speaker, Seventh Annual Intellectual Property Scholars Conference, Depaul University, Aug. 9-10, 2007. (Presented A Framework for the Study of Constructed (Semi)Commons (or Pooling Arrangements)).

Speaker, Panel on Common Infrastructure, Law and Society Conference, Humboldt University, Berlin, Germany, July 25-28, 2007 (Panel devoted to exploration of infrastructure theory). Program website.

Speaker and Commentator, Workshop on Commons Theory for Young Scholars, Sponsored by the Max Planck Institute for Research on Collective Goods and the Center for Internet and Society, Stanford Law School, Bonn, Germany, May 7-9, 2007 (Presented IP, Pooling Arrangements, and Constructed Environments). Program website.

Speaker, Law and Economics Seminar, Boston University Law School, April 9, 2007. (Presented Essential Facilities, Infrastructure, and Open Access).

Speaker, Justifying the Commons, Law, Culture, and Humanities Conference, Georgetown University Law Center, March 23-24, 2007 (Presented Intellectual Infrastructure and Cultural Environmentalism) (panel devoted to exploration of infrastructure theory across disciplines). Program website.

Speaker, Designing Cyberinfrastructure for Collaboration and Innovation: Emerging Frameworks and Strategies for Enabling and Controlling Knowledge, Sponsored by the National Science Foundation, the Council on Competitiveness, Science Commons, and the University of Michigan School of Information, January 29-30, 2007 (Presented Infrastructure, IP, and Pooling Arrangements). See http://cyberinfrastructure.us

Speaker, Infrastructure and Commons, National Science Foundation/National Academy of Science, Washington, D.C., January, 2007

Speaker, Economics of the Commons II: The Status, Functions and Utility of Infrastructure, Columbia Institute for Tele-Information, Columbia Business School, Nov. 3, 2006. Program website.

Participant, Property Rights and Liberty: Is Intellectual Property Different From Physical Property?, Liberty Fund Colloquium, San Diego, CA, Oct. 26-29, 2006.

Speaker, 34th Research Conference on Communication, Information and Internet Policy, Panel: Economic and Technical Aspects of Networks, The National Center for Technology & Law, George Mason University School of Law, Oct. 1, 2006. (Presented IP, Pooling Arrangements, and Constructed Environments.) Program website.

Speaker, Works-in-Progress Intellectual Property Colloquium 2006, hosted by University of Pittsburgh School of Law, Sept. 29-30, 2006 (Presented IP, Pooling Arrangements, and Constructed Environments). Program website.

Speaker, American Law and Economics Association, Annual Meeting, Berkeley, CA, May 5-6, 2006 (Presented Spillovers).

Speaker, Advanced Concepts in Patent Law Seminar, DePaul University College of Law, Mar. 6, 2006 (Presented The Pull of Patents).

Panelist, Intellectual Property Litigation in the 21st Century, Symposium, sponsored by the Northwestern Journal of Technology and Intellectual Property, Northwestern University School of Law, Feb. 24, 2006.

Participant, Commons and Law, co-sponsored by the Tomales Bay Institute and the Science and Environmental Health Network, January 19-22, 2006.

Participant, Conference on Patent Law and Innovation in the Life Sciences, Berkman Center for Internet and Society at Harvard Law School, December 16, 2005.

Speaker, Colloquium on Intellectual Property & Technology Law, Georgetown University Law School, November 17, 2005. (Presented Evaluating the Demsetzian Trend in Copyright Law).

Speaker, Working Group on Property, Citizenship, and Social Entrepreneurism, Washington, DC, Nov. 4-5, 2005. (Presented Evaluating the Demsetzian Trend in Copyright Law).

Speaker, Works-in-Progress Intellectual Property Colloquium 2005, co-hosted by Washington University and Saint Louis University, October 7-8, 2005 (Presented Evaluating the Demsetzian Trend in Copyright Law).

Speaker, 5th Annual Intellectual Property Scholars Conference, Cardozo School of Law, August 11, 2005. (Presented Intellectual Infrastructure and Intellectual Property).

Speaker, St. Helena Cybercamp, August 1-6, 2005, co-sponsored by the Berkman Center for Internet and Society at Harvard Law School and the Berkeley Center for Law and Technology at the University of California at Berkeley School of Law. (Presented Intellectual Infrastructure and Intellectual Property).

Commentator, Sixth Annual CIPLIT Symposium: Intellectual Property Licensing by Dominant Firm: Issues and Problems, Depaul University College of Law, April 15, 2005.

Speaker, Conference: W(h)ither the Middleman: The Role and Future of Intermediaries in the Information Age, Michigan State University-DCL College of Law, April 7-9, 2005. (Presented The Role of Patents in Commercializing University Research Systems.)

Commissioned Author and Invited Speaker, Conference on University Technology Transfer and Entrepreneurship, The Karl Eller Center at the University of Arizona and the Kauffman Foundation, January 20-23, 2005; papers to be published in the Elsevier Science/JAI Press Series: Advances in the Study of Entrepreneurship, Innovation, and Economic Growth.

Speaker, Working Group on Property, Citizenship, and Social Entrepreneurism, Washington, DC, November 13, 2004. (Presented Defending Open Access: The Need for Sustainable Infrastructure Commons).
For more information, see http://www.law.syr.edu/academics/centers/clbe/pcsemeeting.asp?css=3.

Speaker, The 32nd Research Conference on Communication, Information and Internet Policy, Panel: Economic and Technical Aspects of Networks, The National Center for Technology & Law, George Mason University School of Law, October 2, 2004. (Presented An Economic Theory of Infrastructure and Sustainable Infrastructure Commons.) For more information, please visit the TPRC website at www.TPRC.org. Abstract. Abbreviated draft.

Speaker, Works-in-Progress Intellectual Property Colloquium, Boston University School of Law, September 10-11, 2004. (Presented An Economic Theory of Infrastructure and Sustainable Infrastructure Commons). For more information, please visit http://www.bu.edu/law/news/ip/program.html

Speaker, Fourth Annual Intellectual Property Scholars Conference, Depaul University, August 2-3, 2004. (Presented Infrastructure Commons.) For more information, please visit http://www.law.depaul.edu/institutes_centers/ciplit/conference.asp.
To read an abstract, visit http://www.law.depaul.edu/institutes_centers/ciplit/pdf/abstract_frischmann.pdf.

Speaker, Panel: Intellectual Property Rights and Wrongs, 2004 Annual Meeting of Law and Society Association, Chicago, May 30, 2004. (Presented What to Do With IP Law When Information Is Infrastructure). For more information, please visit the Law and Society 2004 Annual Meeting website at http://convention.allacademic.com/lsa2004/schedule.html.

Speaker, "Internet Infrastructure and The End-to-End Architectural Subsidy," Conference: Intellectual Property, Sustainable Development, and Endangered Species: Understanding the Dynamics of the Information Ecosystems, Michigan State University-DCL College of Law, March 2004. For more information, please visit the Michigan State University website at http://www.law.msu.edu/ipclp/conference04/index.html

Speaker, "An Economic Theory of Infrastructure (and a Normative Argument for Promoting Sustainable Infrastructure Commons)," Stanford Law School Center for Internet & Society Speakers Series, Stanford Law School, March 2004. For more information, please visit the Stanford Law School Events Website at http://cyberlaw.stanford.edu/events/archives/brett_m_frischmann.shtml
(An audio recording of the presentation is available on the site.)

Speaker, "Promoting Sustainable Infrastructure Commons: A Comparative Analysis of Environmental, Information and Internet Resource Problems and Institutional Solutions," Faculty Workshop, University at Buffalo School of Law in conjunction with the Baldy Center for Law and Social Policy, March 2004.

Speaker, "A Theory of Infrastructure," Conference: Of Fish and Forests, Notions and Potions: Managing Access to Natural Resources and Research in the Twenty-First Century, University of Maine School of Law's Marine Law Institute and Technology Law Center, November 2003.

Conference Fellow, International Public Goods and Transfer of Technology Under a Globalized Intellectual Property Regime, Duke Law School, April 2003. For more information about this program, please visit the Duke Law School Website at http://www.law.duke.edu/trips/

Speaker, "The Prospect of Reconciling Internet and Cyberspace", Conference: Technology and Governance: How the Internet Has Changed Our Conceptions of Governance and Institutions, Loyola Law School, Chicago, March 2003.

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