USC Gould Search


Jonathan Barnett

Jonathan Barnett

Professor of Law

Last Updated: Thursday, May 25, 2017

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

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Jonathan Barnett is director of the law school's Media, Entertainment and Technology Law Program. Barnett specializes in intellectual property, contracts, antitrust, and corporate law. Barnett has published in the Harvard Law Review, Yale Law Journal, Journal of Legal Studies, Review of Law & Economics, Journal of Corporation Law and other scholarly journals.

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, 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, Barnett received a MPhil from Cambridge University and a JD from Yale Law School.

Articles and Book Chapters

  • “Has the Academy Led Patent Law Astray?” Berkeley Technology Law Journal (forthcoming 2017). - (SSRN) - (bepress)
  • "Why is Everyone Afraid of IP Licensing?" 30 Harvard Journal of Law & Technology 123 (2017). - (Hein)
  • "Are There Really Patent Thickets?" 39 Regulation 14 (Winter 2016-2017). - (PDF)
  • "Three Quasi-Fallacies in the Conventional Understanding of Intellectual Property," 12 Journal of Law, Economics & Policy 1 (2016). - (SSRN) - (bepress) - (Hein)
  • "The Anti-Commons Revisited," 29 Harvard Journal of Law and Technology 127 (2015). - (Hein) - (bepress) - (SSRN)
  • “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 Revisited: Is Efficient Certification Consistent with Profit Maximization?" 37 Journal of Corporation Law 475 (2012). - (SSRN) - (bepress) - (Hein)
  • "The Host's Dilemma: Strategic Forfeiture in Platform Markets for Informational Goods," 124 Harvard Law Review 1861 (2011). - (www) - (SSRN) - (bepress) - (Hein)
  • "What's So Bad About Stealing?" 4 Journal of Tort Law 1 (2011). - (bepress) - (SSRN)
  • "Intellectual Property as a Law of Organization," 84 Southern California Law Review 785 (2011). - (SSRN) - (bepress) - (www) - (Hein)
  • "Do Patents Matter? Empirical Evidence on the Incentive Thesis," in Handbook on Law, Innovation & Growth (Robert E. Litan, ed., Edward Elgar Publishing) (2011). - (SSRN) - (www)
  • "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)

Works in Progress

  • The Cost of Free: Commodification, Bundling and Concentration. - (SSRN)
  • Patent Tigers: The New Geography of Global Innovation.
    - (SSRN)
  • Revisiting Labor Mobility in Innovation Markets (with Ted Sichelman). - (SSRN)


Los Angeles Times
May 25, 2017
Re: USC Gould School of Law

A story featured a 1911 USC Gould graduate and Japanese immigrant who received a license posthumously Wednesday from the California State Bar. After he earned his law degree at USC, Sei Fujii was not eligible to sit for the California bar because state law barred legal licenses for immigrants unless they were eligible for citizenship. Federal law limited naturalization to “free white persons” and those of African descent. After federal law changed in 1952, Fujii became a citizen at age 73. He died of a heart attack 51 days later. Though unable to obtain a law license, Fujii used his legal education to challenge discriminatory laws.


Hannah Garry
March, 2017

"The International Criminal Court and its Role in the Peaceful Settlement of Disputes," Conference on the Peaceful Settlement of International Disputes and the Function of International Judicial Bodies, China University of Political Science and Law, Beijing, China.

Hannah Garry
March, 2017

Hannah Garry was a judge of the 2017 International Criminal Court Trial National Competition for 23 Chinese law schools, co-organized by the China University of Political Science and Law and the International Criminal Court, Beijing, China.

Ariela Gross
March, 2017

"Comparing Law, Race, Slavery and Freedom in the Americas" (with Alejandro de la Fuente), Legal History Workshop, University of Pennsylvania Law School, Philadelphia, PA.