Shubha Ghosh
PROFESSOR
B.A., Amherst College, 1984
Ph.D., University of Michigan, 1988
J.D., Stanford Law School, 1994
University at Buffalo Law School
The State University of New York
724 O'Brian
Hall, North Campus
Buffalo, NY 14260-1100
Phone:(716) 645-2749
Biography:
I research three principal areas: (1) understanding markets as social, political, and economic institutions; (2) understanding the connections between legal method and policy and science, especially social science; and (3) understanding doctrinal and theoretical issues in intellectual property, antitrust, and business torts.
I am currently at work on the following projects: (1) the meaning of transaction costs; (2) the law and economics of private code drafting organizations with particular focus on copyright and First Amendment issues; (3) the problem of market definition in copyright law as it arises in fair use, copyright misuse, derivative works, and first sale doctrine and the role of the theory of differentiated product markets to address the problem; and (4) traditional and indigenous knowledge protection and the role of TRIPS.
My published and forthcoming work is listed below. Please feel free to contact me at sghosh2@buffalo.edu for reprints or other inquiries.
Selected Activities
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Co-director (with Jim Milles), Working Group on Law, Technology and Society, Baldy Center for Law and Policy.
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Faculty Advisor (with Robert Reis), Technology and Intellectual Property Concentration; Buffalo Intellectual Property Law Journal.
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Executive Committee, Canadian Law and Economics Association.
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Treasurer, American Association of Law Schools Section on Law and Economics.
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Recipient of National Endowment for the Humanities Summer Research Grant, Summer 2003, to support research on "Literary Woman and Economic Man at the Altar of Intellectual Property Law."
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Recipient of Fulbright Research Grant, 2001-2002 (currently under review for renewal in 2003-2004).
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Associate, Baker & McKenzie, San Francisco/Palo Alto, Calif., 1995-1996.
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Law Clerk, Judge John T. Noonan, United States Court of Appeals for the Ninth Circuit, 1994-1995.
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Summer Honors Program, Department of Justice Antitrust Division, Summer 1993.
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Visitor: Texas Wesleyan University School of Law; Southern Methodist University Law School; Mercer Law School; National Law School of India University, Bangalore.
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Assistant Professor of Economics, University of Texas at Austin, 1988-1991.
Teaching
Current package: Intellectual Property Survey (annually); Copyright (annually); Antitrust & Intellectual Property (rotation); Law & Economics of Intellectual Property (rotation); International Intellectual Property Law (rotation).
Other courses taught: Business Enterprise; Torts; Introduction to Antitrust; Quantitative Methods.
Selected Publications:
2003
Competitive Baselines for Intellectual Property Systems, chapter forthcoming in International Public Goods and Technology Transfer (Cambridge University Press).
The Importance of Patent, Trademark, and Copyright for Innovation and Economic Performance in Intellectual Property and Innovation in the Knowledge-Based Economy (Jonathan Putnam, ed.) (with Mohammed Rafiquzzaman, Industry Canada).
Reflections on the Traditional Knowledge Debate, ___ Cardozo Journal of International and Comparative Law ___.
Legal Code as Unprotected Expression: Recognizing a Broader Functionality Doctrine in Copyright, ___ Journal of the Copyright Society of the USA ___.
Audiences, Theater Law Casebook (Chapter Eight), Carolina Academic Press.
Gandhi and the Rule of Law, ___ Syracuse Law Review ____.
2002
Belling the Cat, Virtually (Book Review of Stuart Biegel's Beyond Our Control?), ___ Buffalo Intellectual Property Law Journal ____.
The Merits of Ownership; or, How I Learned to Stop Worrying and Love Intellectual Property (Review Essay of Lawrence Lessig, The Future of Ideas and Siva Vaidhyanathan, Copyrights and Copywrongs), 15 Harvard Journal of Law and Technology 453-496.
Turning Gray Into Green: Some Comments on Napster, 23 Hastings COMM/ENT 563-586.
2001
Pills, Patents, and Power: State Creation of Gray Markets As a Limit on Patent Rights, 53 Florida L. Rev. 789-829.
Enlightening Identity and Copyright (Review Essay of Emma Rotshschild, Economic Sentiments), 49 Buff. L. Rev. 1315-1340.
2000
Towards a Theory of Regulatory Takings for Intellectual Property, 37 San Diego L. Rev. 637-709.
Where's the Sense in Hill v. Gateway 2000?: Reflections on the Visible Hand of Norm Creation, 16 Touro L. Rev. 1125-1143.
Relaxing Antitrust During Economic Downturns: A Real Options Analysis of Appalachian Coals and the Failing Firm Defense, 68 Antitrust L. J. 111-124.
Methods, Conclusions, and the Search for Scientific Validity in Economics and Other Social Sciences, The Digest (2000) 1-30.
1999
Gray Markets in Cyberspace, 7 J. Intel. Prop. L. 1-55.
Whistling Dixie: The Invalidity and Unconstitutionality of Covenants Against Yankees, 10 Vill. Env. L. J. 57-89 (with Alfred Brophy, University of Alabama).
Fragmenting Knowledge, Misconstruing Rule 702: How Lower Courts Have Reoslved the Problem of Technical and Other Specialized Knowledge in Daubert v. Merrell Dow Pharmaceuticals, Inc., 1 Journal of Intellectual Property 1-60.
1998
Federal and State Resolutions of the Problem of Daubert and Technical or Other Specialized Knowledge, 22 American J. Trial Adv. 237-266.
1997
The Morphing of Property Rules & Liability Rules: An Intellectual Property Optimist Examines Article 9 and Bankruptcy, 8 Ford. Intell. Prop., Media & Ent. L. J. 99-172.
Takings, The Exit Option, and Just Compensation, 17 Int. Rev. L. & Econ. 157-176.
1996
Understanding Immigrant Entrepreneurs: Theoretical and Empirical Issues in Reframing the Immigration Debate (Bill Ong Hing & Ronald Lee, eds.).
Property Rules, Liability Rules, and Termination Rights: A Fresh Look at the Employment at Will Debate with Applications to Franchising and Family Law, 75 Ore. L. Rev. 969-1035.
1994
An Economic Analysis of the Common Control Exception to Gray Market Exclusion, 15 U. Penn. J. Int'l Bus. L. 373-439.
