Schema © Robert Emmett Mueller 1964
The Interdisciplinary Program in Law and Religion and
The Institute for Communications Law Studies
present
a symposium on
THE RULE OF LAW AND THE INFORMATION AGE:
RECONCILING PRIVATE RIGHTS AND PUBLIC INTEREST
Wednesday, October 9, 2002 2 p.m. - 6 p.m.
Thursday, October 10, 2002 9 a.m. - 5:30 p.m.
Walter A. Slowinski Court Room
Atrium Level
The Catholic University of America School of Law
Washington, D.C.
The Symposium is open to the public and free of charge. Parking is free. The
symposium site is less than a five minute walk from the Brookland/CUA stop of Metro’s
Red line which is two stops from the United States Supreme Court. Dining facilities are
available on campus and in the neighborhood. For further information and to reserve
seating, please contact Mrs. Constantia Dedoulis: tel. (202) 319-6081, fax (202) 3194004 and e-mail dedoulis@law.edu.
The United States Supreme Court will hear argument in the case of Eldred v. Ashcroft on
the morning of October 9, 2002. The symposium is scheduled to occur in the day and a
half following.
SYMPOSIUM SCHEDULE
WEDNESDAY, OCTOBER 9TH
LEGAL ISSUES IN CRITICAL CONTEXT
1:00 P.M.
Registration
2:00 P.M.
Welcome
Peter Cimbolic, Vice Provost and Dean of Graduate Studies, The Catholic University of
America
Marin Scordato, Associate Professor of Law and Director, Institute of Communications
Law Studies
Introduction
Susanna F. Fischer, Assistant Professor of Law, The Catholic University of America
2:15 P.M.
Panel
LEGAL PERSPECTIVES
Shira Perlmutter, Vice President and Associate General Counsel for Intellectual Property
Policy, AOL Time Warner
Marybeth Peters, United States Register of Copyrights
Jonathan Zittrain, Jack N. & Lillian R. Berkman Assistant Professor for Entrepreneurial
Legal Studies, Harvard Law School
4:15 p.m.
Panel
HISTORICAL AND COMPARATIVE PERSPECTIVES
.
Lillian R. BeVier, John S. Shannon Distinguished Professor of Law and Class of 1963
Research Professor, University of Virginia School of Law
Oren Bracha, Berkman Center for Internet & Society, Harvard Law School
Daniel Gervais, Oslers Professor of Technology Law, University of Ottawa
5:45 p.m.
Reception
THURSDAY, OCTOBER 10TH
PHILOSOPHICAL ALTERNATIVES
8:00 a.m.
Registration
9:00 a.m.
Welcome
William F. Fox, Jr., Professor of Law and Associate Dean of Academic Affairs,
School of Law, The Catholic University of America
William J. Wagner
Professor of Law and Co-Director of the Interdisciplinary Program in Law and Religion,
The Catholic University of America
Introduction
Susanna F. Fischer
Assistant Professor of Law, The Catholic University of America
MORNING SESSION
9:15 a.m.
Principal Address
THE PHILOSOPHICAL POSTULATES OF AMERICAN INTELLECTUAL PROPERTY LAW: A VIEW
OF THE LEGISLATIVE HISTORY
Chief Judge Edward J. Damich of the United States Court of Federal Claims
10:45 a.m.
Keynote Address
THE TRAGEDY OF THE INNOVATION COMMONS?: RECONCILING PRIVATE CLAIMS WITH
PUBLIC INTEREST
Lawrence Lessig, Professor of Law, Stanford Law School
11:45 a.m.
Lunch
AFTERNOON SESSION
1:15 p.m.
Panel
PHILOSOPHICAL PERSPECTIVES
Amitai Etzioni, University Professor, The George Washington University
Jude P. Dougherty, Dean Emeritus, School of Philosophy, The Catholic University of
America
Peter Levine, Research Scholar, Institute for Philosophy & Public Policy, University of
Maryland
Seana V. Shiffrin, Associate Professor of Philosophy and Professor of Law, UCLA
3:00 p.m.
Principal Address
THE INNOVATIONS COMMONS & THE RULE OF LAW: AN ECONOMICS PERSPECTIVE
Robert W. Hahn, Director, AEI-Brookings Joint Center for Regulatory Studies
4:15 p.m.
Principal Address
RECONSIDERING THE RULE OF LAW: COMMODIFICATION IN THE INFORMATION AGE:
IMPLICATIONS FOR THE RULE OF LAW
Margaret-Jane Radin, William Benjamin Scott and Luna M. Scott Professor, Stanford
Law Schoo
Full biographies of speakers may be found below
_____________
Support for this symmposium has been
generously provided in part by Drinker Biddle & Reath LLP,
and its Intellectual Property Group
____________
SYMPOSIUM SPEAKERS
KEYNOTE SPEAKER
ON THE TOPIC OF “THE TRAGEDY OF THE INNOVATION COMMONS?:
WITH PUBLIC INTEREST”
RECONCILING PRIVATE CLAIMS
Lawrence Lessig is one of the country's leading commentators on legal aspects of new
communications technologies and cyberspace. He is Professor of Law and founder and
executive director of the Center for Internet and Society at Stanford Law School. Prior to
joining the Stanford faculty, he was the Berkman Professor of Law at Harvard Law
School, a professor at the University of Chicago Law School, and a fellow at the
Wissenschaftskolleg zu Berlin. Professor Lessig is chairman of the board of Creative
Commons and a member of the board of the Electronic Frontier Foundation. He is the
author of many influential publications about cyberlaw and cyberspace, including two
books: The Future of Ideas: The Fate of the Commons in a Connected World (2001) and
Code, and Other Laws of Cyberspace (1999). He is counsel to the plaintiffs in Eldred v.
Ashcroft.
ON THE TOPIC OF
SPEAKER
“THE PHILOSOPHICAL POSTULATES OF AMERICAN INTELLECTUAL PROPERTY LAW:
A VIEW OF THE LEGISLATIVE HISTORY”
The Honorable Edward J. Damich is Chief Judge at the United States Court of Federal
Claims. He undertook his legal training at The Catholic University of America and
Columbia University. Prior to his appointment to the bench, he served as Chief
Intellectual Property Counsel for the Senate Judiciary Committee. There, he assisted
with the passage of the Digital Millennium Copyright Act and in the drafting of the
proposed Omnibus Patent Act. He was a member of the United States delegation at the
World Intellectual Property Organization (WIPO) diplomatic conference, which
concluded the WIPO Copyright Treaty and the WIPO Performances and Phonograms
Treaty. He is a past Commissioner of the Copyright Royalty Tribunal. He currently
teaches copyright law as an adjunct professor of law at Georgetown University Law
Center and has previously been a professor of law at George Mason University and at
Delaware Law School of Widener University. He is the author of numerous articles on
copyright law.
ON THE TOPIC OF
SPEAKER
“THE INNOVATION COMMONS & THE RULE OF LAW:
AN ECONOMICS PERSPECTIVE”
Robert W. Hahn is director of the AEI-Brookings Joint Center for Regulatory Studies, a
resident scholar at the American Enterprise Institute, and a research associate at Harvard
University. Previously, he served as a senior staff member of the President's Council of
Economic Advisers during the first Bush Administration. Dr. Hahn frequently
contributes to general-interest periodicals and leading scholarly journals, including The
New York Times, The Wall Street Journal, American Economic Review, Science, and
The Yale Law Journal. Most recently, he is the author of Reviving Regulatory Reform: A
Global Perspective (2000). Mr. Hahn is editing a new book, Government Policy toward
Open Source Software (AEI-Brookings Joint Center, forthcoming 2002). In addition, he
is co-founder of the Community Preparatory School, an inner-city middle school in
Providence, Rhode Island that provides opportunities for disadvantaged youth to achieve
their full potential.
SPEAKER
ON THE TOPIC OF “RECONSIDERING THE RULE OF LAW:
COMMODIFICATION IN THE INFORMATION AGE”
Margaret-Jane Radin is William Benjamin Scott and Luna M. Scott Professor of Law at
Stanford Law School where she teaches courses in the areas of intellectual property,
electronic commerce, and contracts. She directs Stanford Law School’s Program in Law,
Science and Technology; Center for E-Commerce; and the LL.M. Program in Law,
Science and Technology. She previously served on the faculties of the University of
Oregon School of Law, and the University of Southern California Law Center, where she
was the Carolyn Craig Franklin Professor of Law. She has also been a visiting professor
of law at Harvard Law School and UCLA Law School. She has published widely on
topics in e-commerce, property, and the philosophy of law. A theme of her work in the
philosophy of law has been the ideal of the rule of law. Her books include Contested
Commodities (1996), and Reinterpreting Property (1993). She is the co-author of
Internet Commerce: The Emerging Legal Framework (2002).
PANELS
On CHALLENGES TO THE RULE OF LAW RAISED BY NEW COMMUNICATIONS
TECHNOLOGIES: RECENT DEVELOPMENTS
LEGAL PERSPECTIVES
Shira Perlmutter is Vice President and Associate General Counsel for Intellectual
Property Policy at AOL Time Warner, where she is responsible for the development and
coordination of the company's positions on intellectual property policy issues, including
domestic and foreign legislation and international treaties. She previously served as a
consultant at WIPO on the copyright issues involved in electronic commerce and as
Associate Register for Policy and International Affairs at the United States Copyright
Office, where she advised Congress on the Digital Millennium Copyright Act of 1998.
She was a key member of the United States delegation that negotiated the two new WIPO
treaties on copyright and related rights, and also served as the expert on the copyright law
of the United States during the TRIPS Council review of developed countries' copyright
laws. She was formerly a law professor at The Catholic University of America, where
she taught copyright and other intellectual property courses. She is the author of
numerous articles on copyright issues as well as co-author of the recent casebook
International Intellectual Property Law (2001).
Marybeth Peters is United States Register of Copyrights and Director of the United
States Copyright Office, a position she has held since 1994. Previously, she held the
position of Policy Planning Advisor to the Register. She is also a past Acting General
Counsel of the Copyright Office and chief of both the Copyright Office's Examining and
the Information and Reference divisions. She has also been a consultant on copyright law
to WIPO. She has taught copyright law as a lecturer in the Communications Law Institute
of The Catholic University of America School of Law and as an adjunct professor at The
University of Miami School of Law and the Georgetown University Law Center. A
frequent speaker on copyright issues, Ms. Peters is the author of The General Guide to
the Copyright Act of 1976.
Jonathan Zittrain is Jack N. & Lillian R. Berkman Assistant Professor for
Entrepreneurial Legal Studies at Harvard Law School, and a faculty director of its
Berkman Center for Internet & Society. His research includes digital property, privacy,
and speech, and the role that is played by private intermediaries in Internet architecture.
He currently teaches "Internet & Society: The Technologies and Politics of Control", and
has a strong interest in creative, useful, and unobtrusive ways to deploy technology in the
classroom. He is co-author of the forthcoming casebook Internet Law (2003). He is cocounsel to the plaintiffs in Eldred v. Ashcroft.
HISTORICAL AND COMPARATIVE PERSPECTIVES
Lillian R. BeVier is John S. Shannon Distinguished Professor of Law and Class of 1963
Research Professor at the University of Virginia School of Law. For the present
academic year, she is Visiting Professor at New York University School of Law. She
previously served on the faculty of the University of Santa Clara Law School. A soughtafter speaker, Professor BeVier has been a frequent lecturer to Federalist Society
Chapters at various national law schools and has recently testified before the Senate
Rules Committee and the Senate Judiciary Committee on the constitutionality of
proposed campaign finance regulations. She teaches courses on constitutional law, with a
special emphasis on free expression, as well as on intellectual property law. Widely
published in these areas, her works include “The Invisible Hand of the Marketplace of
Ideas” in Geoffrey Stone and Lee Bollinger, eds., Eternally Vigilant (2002) and Is Free
TV for Federal Candidates Constitutional?(1998).
Oren Bracha is a candidate for the S.J.D. degree at Harvard Law School and is writing
his dissertation on the history of intellectual property in the United States. He is the
recipient of the Mark DeWolfe Howe Fellowship for Legal History as well as the Byse
Fellowship. He previously served as a law clerk to Chief Justice Aharon Barak of the
Supreme Court of Israel. He teaches a workshop at Harvard Law School entitled
“Owning Ideas: Theoretical and Historical Perspectives on Intellectual Property.” He is
the author of "Unfortunate or Perilous: The Infiltrators, the Law and the Supreme Court
1948-1954" (1998).
Daniel Gervais is Oslers Professor of Technology Law at the University
of Ottawa, where he teaches courses on intellectual property law and e-commerce. He
previously served as Consultant and Legal Advisor to the GATT/World Trade
Organization. There, he participated in drafting of the WTO Agreement on Trade-Related
Aspects of Intellectual Property Rights (TRIPS). He has served as Head of the Section
dealing with Copyright & Digital Technology at WIPO; Assistant Secretary-General of
the International Confederation of Societies of Authors and Composers (CISAC); ViceChairman of the International Federation of Reproduction Rights organizations (IFRRO)
and Vice-President of Copyright Clearance Center, Inc. (CCC). Professor Gervais has
also been a consultant to the Paris-based Organisation for Economic Co-operation &
Development (OECD). He has published numerous articles on international copyright
law and cyberlaw. He has also published a standard reference book on the TRIPS
Agreement, The TRIPS Agreement: Drafting History and Analysis (1998).
PHILOSOPHICAL PERSPECTIVES
Amitai Etzioni is University Professor at The George Washington University. He
previously served on the faculties of Columbia University, and the Harvard Business
School where he was the Thomas Henry Carroll Ford Foundation Professor. He is a past
president of the American Sociological Association, and the International Society for the
Advancement of Socio-Economics, which he also founded. He has served as Senior
Advisor to the White House in the Carter Administration and has been a guest scholar at
the Brookings Institution. He is the editor of the journal, The Responsive Community:
Rights and Responsibilities. Among many other academic awards, he has been the
recipient of the John P. McGovern Award in Behavioral Sciences as well as the Officer's
Cross of the Order of Merit of the Federal Republic of Germany. He is the author of
more than a score of books including The Monochrome Society (2001), Next: The Road
to the Good Society (2001), and The Limits of Privacy (1999).
Peter Levine is Research Scholar at the Institute for Philosophy and Public Policy at the
University of Maryland's School of Public Affairs. He is Deputy Director of CIRCLE
(the Center for Information and Research on Civic Learning and Engagement). He
pursued his education at Yale University and at Oxford University, where he was a
Rhodes Scholar. He is working with high school students in Prince George's County,
Maryland to create an "Information Commons". He has published widely on democracy
and civic responsibility. His recent books include The New Progressive Era: Toward a
Fair and Deliberative Democracy (2000) and Living Without Philosophy: On Narrative,
Rhetoric, and Morality (1998).
Jude P. Dougherty is Dean Emeritus of the School of Philosophy at The Catholic
University of America. He is the editor of the Review of Metaphysics and is also the
general editor of the Catholic University of America Press series: Studies in Philosophy
and the History of Philosophy. He has published numerous books and articles on such
topics as metaphysics, religion and culture, and epistemology. Examples of his work
include Western Creed, Western Identity: Essays in Legal and Social Philosophy (2000)
and The Logic of Religion (forthcoming).
THE INTERDISCIPLINARY PROGRAM IN LAW AND RELIGION
The Interdisciplinary Program in Law and Religion addresses critical issues in law and
public policy that have implications for religion and ethics. It seeks to promote dialogue
among academics, policymakers, and those who share a perspective of religious faith.
The Program sponsors schoarly conferences, lectures and publications.
THE INSTITUTE FOR COMMUNICATIONS LAW STUDIES
The Institute for Communications Law Studies offers students at The Catholic Unviersity
of America a program of academic concentration in communications law. Through its
curricular and other offerings, the Instiute forsters studies in the law of first amendment,
telecommunications regulation, media and intellectual property.
CONFERENCE ORGANIZERS
Susanna F. Fischer is Assistant Professor of Law at The Catholic University of
America. Formerly a barrister practicing media law in London, England, she teaches and
writes on cyberlaw, intellectual property law, and media law from a comparative law
perspective. She is the author of recent articles published in the George Washington
International Law Review and the Boston University Journal of Science & Technology
Law as well as a forthcoming book review of Lawrence Lessig's The Future of Ideas: The
Fate of the Commons in a Connected World in the CommLaw Conspectus.
William J. Wagner is Professor of Law and Co-Director of the Interdisciplinary
Program in Law and Religion at the Catholic University of America. In addition to his
degree in law, he holds a doctorate in theology. He teaches and writes in the fields of
constitutional law, comparative law, contracts, and jurisprudence. He has been a
resident Fulbright research scholar at the Max Planck Institute for Public International
and Comparative Law in Heidelberg. His publications include The Contractual
Reallocation of Procreative Resources and Parental Rights (1995) and The Normative
Role of Basic Goods in the Natural Law Jurisprudence of John Finnis (forthcoming).