The following list is designed both to present scholarly analysis underlying the AAUP’s recommendations and to give readers ready access to some of the recent debates surrounding IP issues. The aim is to cover both copyrightable and patentable IP, including relevant legal decisions. We will add additional essays and links here in the coming months, eventually covering a range of competing arguments on IP. Although the emphasis is on published papers, we will occasionally add previously unpublished essays as well. All essays are in .pdf format.
“The Bayh-Dole Act, Faculty Choice, and Innovation,” By Gerald Barnett.
“The Real Issue Behind Stanford V. Roche: Faulty Conceptions Of University Assignment Policies Stemming From The 1947 Biddle Report.” By Sean M. O’Connor. Michigan Telecommunications and Technology Law Review 19, no. 2 (Spring 2013): 379-422
“A New Approach to Intellectual Property Management and Industrially Funded Research at Penn State.” By Henry C. Foley. Research-Technology Management 55, no. 5 (Sept-Oct 2012): 1-6.
"'The Progress of Science and Useful Arts': Why Copyright Today Threatens Intellectual Freedom." The Free Expression Policy Project, 2003.
The Information Commons: A Public Policy Report. By Nancy Kranich (The Free Expression Policy Project. Brennan Center For Justice at NYU School of Law, 2004).
Will Fair Use Survive? Free Expression in the Age of Copyright Control. By Marjorie Heins and Tricia Beckles (The Free Expression Policy Project. Brennan Center For Justice at NYU School of Law, 2005).
"Publication Bias, Data Ownership, and the Funding Effect in Science: Threats to the Integrity of Biomedical Research," by Sheldon Krimsky, in Rescuing Science from Politics: Regulation and the Distortion of Scientific Research, ed. Wendy Wagner and Rena Steinzor (Cambridge: University of Cambridge Press, 2006) 61-85.
"Patentability of Biotechnology Inventions Under the PTO Utility Guidelines: Still Uncertain After All These Years?" By Warren A. Kaplan and Sheldon Krimsky. The Journal of Biolaw & Business. (Special Supplement, 2001).
"Sue U," By Jacob H. Rooksby. Academe 98, no. 5, (Sept-Oct 2012): 24-28
"Myriad Choices: University Patents Under the Sun," By Jacob H. Rooksby. Journal of Law and Education 42, no 2 (January 2013): 313-326.