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Jonathan Barnett

Professor of LawUSC Gould School of Law

Jonathan Barnett
Work: (213) 740-4792
Fax: (213) 740-5502
699 Exposition Blvd. Los Angeles, CA 90089-0074 USA Room: 304B

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last updated Mon, Oct 5, 2015

Prof. Jonathan Barnett specializes in intellectual property, contracts, antitrust, and corporate law. He teaches intellectual property, contracts, antitrust and deals.  Prof. Barnett is academic director of the law school’s Media, Entertainment and Technology Law Program.

Prof. Barnett has published in the Harvard Law Review, Yale Law Journal, Journal of Legal Studies, Review of Law & Economics, Journal of Tort Law, the University of Pennsylvania Law Review and other scholarly journals. His past research has studied the interaction between patent law and organizational structure, the political economy of patent and copyright law, organizational strategies in platform markets, the interaction between legal and non-legal strategies for capturing returns on innovation, and imitation practices in the fashion industry. His current research addresses contracting practices in the entertainment industry, patent networks in the electronics industry, and organizational strategies in certification markets.

He joined USC Law in fall 2006 and was a visiting professor at New York University School of Law in fall 2010. Prior to academia, Prof. Barnett practiced corporate law as a senior associate at Cleary Gottlieb Steen & Hamilton in New York, specializing in private equity and mergers and acquisitions transactions. He was also a visiting assistant professor at Fordham University School of Law in New York. A magna cum laude graduate of University of Pennsylvania, Prof. Barnett received a M.Phil. from Cambridge University and a J.D. from Yale Law School.


Articles and Book Chapters

  • "Three Quasi-Fallacies in the Conventional Understanding of Intellectual Property," Journal of Law, Economics & Policy (forthcoming 2015). - (SSRN) - (bepress)
  • "The Anti-Commons Revisited," Harvard Journal of Law and Technology (forthcoming 2015). - (SSRN) - (bepress)
  • “Hollywood Deals: Soft Contracts for Hard Markets,” 64 Duke Law Journal 605 (2015). - (Hein) - (SSRN) - (bepress)
  • “From Patent Thickets to Patent Networks: The Legal Infrastructure of the Digital Economy,” 55 Jurimetrics 1 (2014) - (SSRN) - (bepress) - (Hein)
  • "Copyright Without Creators,” 9 Review of Law & Economics 389 (2013). - (SSRN) - (bepress)
  • "Intermediaries Revisted: Is Efficient Certification Consistent with Profit Maximization?," 37 Journal of Corporation Law 475 (2012). - (SSRN) - (bepress) - (Hein)
  • "What's So Bad About Stealing?" 4 Journal of Tort Law 1 (2011). - (bepress) - (SSRN)
  • "Do Patents Matter? Empirical Evidence on the Incentive Thesis," in Handbook on Law, Innovation & Growth (Robert E. Litan, ed., Edward Elgar Publishing) (forthcoming 2011). - (SSRN) - (www)
  • "Intellectual Property as a Law of Organization," 84 Southern California Law Review 785 (2011). - (SSRN) - (bepress) - (www) - (Hein)
  • "The Host's Dilemma: Strategic Forfeiture in Platform Markets for Informational Goods," 124 Harvard Law Review 1861 (2011). - (www) - (SSRN) - (bepress) - (Hein)
  • "The Illusion of the Commons," 25 Berkeley Technology Law Journal 1751 (2010). - (Hein) - (SSRN) - (bepress)
  • "The Fashion Lottery: Cooperative Innovation in Stochastic Markets," 39 Journal of Legal Studies 159 (2010) (with Gilles Grolleau and Sana El-Harbi). - (SSRN) - (bepress)
  • "Property as Process: How Innovation Markets Select Innovation Regimes," 119 Yale Law Journal 384 (2009). - (SSRN) - (Hein) - (bepress)
  • "Is Intellectual Property Trivial?" 157 University of Pennsylvania Law Review 1691 (2009). - (Hein) - (SSRN) - (bepress)
  • "Certification Drag: The Opinion Puzzle and Other Transactional Curiosities," 33 Journal of Corporation Law 95 (2007). - (Hein) - (SSRN) - (bepress)
  • "Shopping for Gucci on Canal Street: Status Consumption, Intellectual Property and the Incentive Thesis," 91 Virginia Law Review 1381 (2005). - (Hein) - (SSRN)
  • "Private Protection of Patentable Goods," 25 Cardozo Law Review 1251 (2004). - (Hein) - (SSRN)
  • "Rational Underenforcement of Vice Laws," 54 Rutgers Law Review 423 (2002). - (Hein) - (SSRN)
  • "Cultivating the Genetic Commons: Imperfect Patent Protection and the Network Model of Innovation," 37 San Diego Law Review 987 (2000). - (Hein) - (SSRN)
  • "Rights, Costs, and the Incommensurability Problem," 86 Virginia Law Review 1303 (2000). - (Hein)
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