Faculty

Brett M. Frischmann
Associate Professor


Biography
 Professor Frischmann joined the Loyola faculty in 2002. He is an associate professor with expertise in intellectual property and technology law. Prior to joining the faculty, Professor Frischmann was a law clerk for the Honorable Fred I. Parker of the U.S. Court of Appeals for the Second Circuit. He graduated Order of the Coif from the Georgetown University Law Center, and while in law school, he was an Olin Research Fellow in Law and Economics and the Executive Development Editor for the Georgetown International Environmental Law Review. After graduating from law school, Professor Frischmann was an associate at Wilmer, Cutler & Pickering in Washington, DC, where his practice focused on communications, e-commerce and intellectual property law.

Professor Frischmann has held visiting appoinments at Fordham University, School of Law (Fall 2007) and Syracuse University, College of Law (Spring 2006). He will visit with Cornell Law School during the 2008-2009 academic year.

 

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Unpublished Op-Eds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

Spring 2008 Teaching Schedule

Publications

 

Articles

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

A Note on the Economics of the First Amendment: Sustaining a Spillover Rich Networked Environment, University of Chicago Legal Forum (forthcoming 2008).

Revitalizing Essential Facilities, 75 Antitrust Law Journal 1 (forthcoming 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

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
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/

Intellectual Infrastructure and Intellectual Property

Intellectual Progress: A Process-Oriented View of Intellectual Property

 

 Recent Presentations

Invited 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).

Invited 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)).

Invited 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.

Invited 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 (Presenting IP, Pooling Arrangements, and Constructed Environments). Program website.

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

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

Invited 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 (Presenting 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

Invited 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.

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

Invited 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. (Presenting 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 (Presenting IP, Pooling Arrangements, and Constructed Environments). Program website.

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

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

Invited 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.

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

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

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

Invited 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).

Invited 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.

Invited 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. (Presenting 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.

Invited 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.

Invited 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. (Presenting An Economic Theory of Infrastructure and Sustainable Infrastructure Commons.) For more information, please visit the TPRC website at www.TPRC.org. Abstract. Abbreviated draft.

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

Invited Speaker, Fourth Annual Intellectual Property Scholars Conference, Depaul University, August 2-3, 2004. (Presenting 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.

Invited 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

Invited 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.)

Invited 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.

Invited 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.

Invited 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/

Invited 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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