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Henry E. Smith. Fessenden Professor of Law and Director of the Project on the Foundations of Private Law at Harvard Law School.
Smith teaches in the areas of property, intellectual property, natural resources, and taxation. After law school he clerked for the Hon. Ralph K. Winter, United States Court of Appeals for the Second Circuit, and has taught at the Northwestern University School of Law and Yale Law School. He has also been a visiting professor at the University of Chicago Law School, and was the William K. Jacobs, Jr. Visiting Professor of Law at Harvard Law School in the spring of 2006. In 2003 he was awarded a Berlin Prize Fellowship by the American Academy in Berlin. Professor Smith has written primarily on the law and economics of property and intellectual property, including Intellectual Property as Property: Delineating Entitlements in Information, Self-Help and the Nature of Property, Exclusion and Property Rules in the Law of Nuisance, and The Language of Property: Form, Context, and Audience. He holds an A.B. from Harvard, a Ph.D. in Linguistics from Stanford, and a J.D. from Yale.
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Professor Smith's Harvard University web page
Ph. (617) 496-8835
Email: hesmith@law.harvard.edu
Books Principles of Patent Law (Foundation Press 5th ed. 2011), F. Scott Kieff, Pauline Newman, Herbert F. Schwartz, Henry Smith. Reacting to the Spending Spree: Policy Changes We Can Afford (2009). A publication of the Hoover Institution's Task Force on Property Rights, Freedom, and Prosperity. Richard A. Epstein, Stephen Haber, F. Scott Kieff, Henry E. Smith, et al.
Testimony
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News
On September 10, 2012, President Barack Obama announced his intent to nominate F. Scott Kieff as a Member of the United States International Trade Commission and Joshua D. Wright as a Commissioner of the Federal Trade Commission. On September 11, 2012, President Obama formally nominated Kieff and Wright; and the Senate confirmed Wright on January 1, 2013. Of the twelve people who have been members of our Project's research team, three have been nominated by a United States President to serve as a member of one of the independent government commisions focusing on the economy. In 2008, Troy A. Paredes, one of the Project's three founding investigators, was nominated by President George W. Bush as a Member of the Securities and Exchange Commission, a post in which he presently serves. On January 3, 2013, Kieff's nomination, along with the others pending at the end of the Senate's term, were Returned to the President under the provisions of Senate Rule XXXI, paragraph 6 of the Standing Rules of the Senate. On February 4, 2013, Kieff was re-nominated by President Obama.
On April 12, 2013 Richard A. Epstein debated the patent system with Seventh Circuit Judge Richard Posner at PatCon 3. Professor Epstein and Judge Posner were both featured speakers at the event, and the debate was covered at Patently-O and Written Description.
On October 24, 2012, Richard A. Epstein participated in a Federalist Society podcast on the topic "Patent Rights: A Spark or Hindrance for the Economy?"
Stephen H. Haber and Aldo Musacchio were awarded the 2012 Manuel Espinosa Yglesias Prize for their paper, "These are the 'Good Old Days': Foreign Entry and the Mexican Banking System." The juried prize was awarded by the Centro de Estudios Espinosa Yglesias (CEEY) and includes both a monetary award and publication of the paper by the CEEY.
" Patents are not the enemy", an article by Rod Cooper, Richard A. Epstein, and Stephen H. Haber, was published in the Chicago Tribune on August 15, 2012. (Free registration may be required to view the article online.)
Defining Ideas has published Patently Bad Policy, an essay by F. Scott Kieff on two upcoming Supreme Court patent cases, Hyatt v. Kappos and Mayo v. Prometheus.
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