Professor of Law

Contact

  • Office: 120 Tremont St.,
  • Suite: 210-D
  • Phone: 617-305-6270
  • Fax: 617-305-3081
  • Email: jsilbey@suffolk.edu

Degrees

  • BA, Stanford University
  • JD, PhD, University of Michigan

Bar Admittance

  • MA
  • U.S.D.C. MA
  • US Court of Appeals 1st & Federal Circuit.

    Teaching

  • Constitutional Law
  • Intellectual Property
  • Cultural Analysis of Law
  • Copyright Law
  • Trademark Law

Biography

Drawing from her interdisciplinary background in the humanities and law, Professor Silbey’s scholarship focuses on a cultural analysis of law, exploring the law beyond its doctrine to the contexts and processes in which legal relations develop and become significant for everyday actors.  In the field of intellectual property, Professor Silbey’s scholarship focuses on the empirical and humanistic dimensions of the legal regulation of creative and innovative work. She studies common and conflicting narratives within creative and innovative communities and the IP law and policy that purport to regulate them. She recently published The Eureka Myth: Creators, Innovators and Everyday Intellectual Property with Stanford University Press (2015), which is a qualitative empirical analysis of interviews with artists, scientists and intellectual property professionals about the the roles of IP in creative and innovative fields. 

Another of Professor Silbey's research interests is the interrelationship of law and film in legal practice and popular culture. Her research and writing in this area investigates how film and video are used as legal tools and how they become objects of legal analysis. Her work explores questions such as: how does automated surveillance film, dash cams or body cams become testimony in a court of law? How do cultural perceptions about film and video affect their evaluation by jurors, advocates and judges? How might legal actors and lay citizens mobilize the audiovisual technology of our twenty-first century to further the promises of our justice system? The ubiquity of visual media in today's popular and legal culture make the investigation of moving images -- their expressive force and strategic impact -- essential to social justice. A current project in this area concerns the role of medical imaging technology in the politics of reproductive choice.

Professor Silbey teaches courses in constitutional law and intellectual property.

Professor Silbey received her B.A. from Stanford University and her J.D. and Ph.D. (Comparative Literature) from the University of Michigan. She clerked for Robert E. Keeton on the United States District Court for the District of Massachusetts and Levin Campbell on the United States Court of Appeals for the First Circuit. She also practiced law at the law firm of Foley Hoag LLP in the Boston office, focusing on intellectual property, bankruptcy and reproductive rights.  

Professor Silbey is also an Affiliated Fellow at the Yale Information Society Project.

Professional Activities

Presidential Special Committee, AALS Law and Film Series (2012-2015), Chair-Elect, AALS IP Section (2015-2016); Executive Board Member, AALS IP Section Executive (2014-2015); Chair, AALS Section on Law and Humanities (2011-12), Program Chair, AALS Section on Law and Humanities (2009-2010); Editorial Board (International Journal for the Semiotics of Law 2009-2012); Executive Committee, AALS Section on Law and Interpretation; Chair, AALS Section on Art Law, Executive Committee (2007-2008); Organizing Committee, Association of Law, Culture and Humanities (2007-2010); On-Site Coordinator of Annual Conference, Association of Law, Culture and Humanities (2009), Program Committee, Association of Law, Culture and Humanities (2008).

Publications

Books

THE EUREKA MYTH: CREATORS, INNOVATORS, AND EVERYDAY INTELLECTUAL PROPERTY (Stanford University Press, 2015)

LAW AND JUSTICE ON THE SMALL SCREEN (2012) (Peter Robson and Jessica Silbey, eds.)

Book Chapters

Reputation and the Role of Trademarks in Businesses Infused with IP, in LAW AND SOCIETY PERSPECTIVES IN INTELLECTUAL PROPERTY (William T. Gallagher and Debra Halbert eds., 2015)

Progress Evaluated: A Qualitative Analysis of "Promoting Progress" through IP, in IP HANDBOOK (Sage, Halbert and David eds., 2014), pp. 515-538        

The Semiotics of Film in U.S. Supreme Court Jurisprudence, in LAW, CULTURE AND VISUAL STUDIES (Springer Press, Anne Wagner and Richard Sherwin eds., 2013)

Language and Culture in Intellectual Property Law: A Book Review (reviewing Jessica Reyman's "The Rhetoric of Intellectual Property: Copyright and the Regulation of Digital Culture", in THE IP LAW BOOK REVIEW (2010)

A Witness to Justice
, in STUDIES IN LAW, POLITICS AND SOCIETY: A SPECIAL SYMPOSIUM ISSUE ON LAW AND FILM (Austin Sarat ed., 2009) (Vol. 46, pp. 61-91)

Chapter: A History of Representations of Justice: Coincident Preoccupations of Law and Film, in REPRESENTATIONS OF JUSTICE (A. Masson and K. O'Connor eds., 2007)

Articles

Understanding Intellectual Property and The Value of Interdisciplinary Case Studies: A Book Review of Putting Copyright in Its Place: Rights Discourses, Creative Labour and the Everyday, by Laura Murray, Tina Piper, and Kirsty Robertson (Oxford University Press, 2014), 27 INTELLECTUAL PROP. J., 91-103 (2015) 

Picturing Moral Arguments in a Fraught Legal Arena: Fetuses, Phantoms and Ultrasounds, 16 GEO. J. of GENDER & L.  __ (2015)

Reading Intellectual Property Law Reform through the Lens of Constitutional Equality (reviewing Robert Spoo's Without Copyright, Aram Sinnreich's The Piracy Crusade, and Bill Herman's The Fight Over Digital Rights), 50 TULSA L.R. 101-122 (2015)

Persuasive Visions: Film and Memory, LAW CULTURE & HUMAN.10 24 (2014)

Patent Variation: Discerning Diversity Among Patent Functions, 45 LOY. U. CHI. L.J. 441 (2013) (Symposium Issue: Patents, Innovation and Freedom to Use Ideas)

Copyright Fair Use: A Four Way Discussion and Book Round Up, 52 :2 CINEMA J. 138-150 (2013) (with Peter Decherney, Rebecca Tushnet, Bill Herman)

Images In/Of Law, 57 N.Y.L. SCH. L. REV. 117 (2012) (Symposium Issue: Visualization of Law in the Digital Age) (Interview with Professor Silbey about visual evidence in the digital age and more on the Symposium can be viewed here.)

Harvesting Intellectual Property: 'Inspired Beginnings and 'Work Makes Work': Two Stages in the Creative Process of Artists and Innovators, 86 NOTRE DAME L. REV. 2091 (2011)

Comparative Tales of Origins and Access: The Future of Intellectual Property Law, 61 CASE W. RES. L. REV. 195 (2010)

Reasoning from Literature, 22 YALE J.L. & HUMAN. 339 (2010)

Evidence Verité and the Law of Film, 31 CARDOZO L. REV. 1257 (2010)

The Politics of Law and Film Study: An Introduction to the Symposium on Legal Outsiders in American Film, 42 SUFFOLK L. REV. 755 (2009)

The Mythical Beginnings of Intellectual Property, 15 GEO. MASON L. REV. 319 (2008) (selected for re-publication by the Berkeley Center for Law and Technology)

Cross-Examining Film, 8 U. MD. L.J. RACE, REL. GENDER & CLASS 17 (2008) (Symposium Issue) [View Film Clip] (reprinted in Volume 1, 26th Annual Civil Rights Practicing Law Institute Handbook pp. 971-1004).

Justices Taken in By Illusion of Film, Opinion Editorial, BALTIMORE SUN MAY 13, 2007 (2007)

Truth Tales and Trial Films, 40 LOY. L.A. L. REV. 551 (2007)

Criminal Performances: Film, Autobiography and Confession, 37 NEW MEX. L. REV. 189 (2007)

Orit Kamir's Framed: Women in Law and Film, 17 :4 BIMONTHLY REVIEW OF LAW BOOKS 11 (July/Aug. 2006) (book review)

Videotaped Confessions and the Genre of Documentary, 16 FORDHAM INTELL. PROP. MEDIA & ENT. L.J. 789 (2006) (reprinted in LAW IN MEDIA, Amicus Books, India and in THE NEW DOCUMENTARY, Ifcai University Press, India, forthcoming 2009).

Filmmaking in the Precinct House and the Genre of Documentary Film, 29 COLUM. J.L. & ARTS 107 (2005)

Judges as Film Critics: New Approaches to Filmic Evidence, 37 U. MICH. J.L. REFORM 493 (2004)

What We Do When We Do Law And Popular Culture, 27 LAW & SOC. INQUIRY 139 (2002)

Patterns of Courtroom Justice, 28 J.L. SOC'Y 97 (2001)

In The News

WBUR, Radio Boston, January 19, 2015 (discussing 3D printers, the movie Selma, and intellectual property law reform)

Slate.com, The Eureka Myth: How Misunderstandings about Creativity Sustain a Flawed Copyright System, Slate.com, January 23, 2015

WBUR, Radio Boston, July 30, 2014 (discussing Massachusetts’ new clinic access bill)

NPR and Boston Public Radio, June 26, 2014 (commenting on clinic buffer zones and McCullen v. Coakley)

Emily Rooney Television Show, WGBH, June 26, 2014 (discussing Supreme Court decision McCullen v. Coakley)

Boston Globe, June 26, 2014 (quoted in article “Mass. Abortion Clinic Buffer Zones Rules Illegal”)

Letter to editor, May 16, 2014, Boston Globe (on access to justice and legal education)

Op Ed, May, 19, 2012 “Vendor’s Penalty bad call by Mass.” (with Professor Stacey Dogan, on trademark counterfeiting prosecution and overbroad Massachusetts trademark law)

New York Times, March 2, 2009 (quoted in article “Supreme Court Enters the YouTube Era,” by Adam Liptak regarding videotaped evidence at Supreme Court)

Op Ed, May 13, 2007 “Justices Taken in by Illusion of Film,” (on Supreme Court decision Scott v. Harris)

Boston Globe, April 23, 2006 (quoted in article “Go ahead… I dare ya!” by Chris Shea about anti-abortion state laws that conflict with Supreme Court cases)