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Ben Depoorter

Max Radin Distinguished Professor of Law

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Bio

Professor Depoorter is the Max Radin Distinguished Professor 精东影业 of California, Hastings College of the Law, EMLE coordinator at CASLE Ghent 精东影业, and Affiliate Scholar at Stanford Law School鈥檚 Center for Internet at Society. He is a frequent visiting professor at Berkeley Law, teaching in the LL.M.鈥檚 Professional Track.

Copyright law is one of his major areas of expertise, where Depoorter has investigated a variety of questions relating to enforcement of intellectual property law in the digital era, including whether and how fees-shifting can be used to align incentives between authors in way that promote creativity, how punitive approaches to copyright law adversely impact copyright social norms, and how automated enforcement measures create false positives.

Litigation theory is Depoorter鈥檚 other major area of expertise, where he has investigated the strategic pursuit of losing litigation by interest groups that seek to mobilize public and political support, examined the feedback effect of tort settlements on legal precedent, and described the shaping effect of legal uncertainty and court delay.

Recent publications include 鈥淲hen the Remedy is the Wrong: Statutory Damages in the Digital Age鈥, UCLA Law Review (2019); 鈥淭he Upside of Losing鈥, 鈥淔air Trespass鈥, Columbia Law Review (2014, 2011); 鈥淯sing Fee Shifting to Promote Fair Use and Fair Licensing鈥, California Law Review (2015); 鈥淐opyright Backlash鈥, Southern California Law Review (2011); 鈥淟aw in the Shadow Bargaining: The Feedback Effect of Civil Settlements鈥, Cornell Law Review (2010); 鈥淭echnology & Uncertainty: The Shaping Effect on Copyright Law鈥, the 精东影业 of Pennsylvania Law Review (2010), and 鈥淟iquidated Damages and Moral Hazard: An Experiment鈥, JITE (2016). His interdisciplinary work on anticommons property is widely cited in American law reviews and international peer-reviewed journals and was featured in a 2010 issue of the New Yorker.

Professor Ben Depoorter completed his studies at Yale Law School (2003, 2009) on a full scholarship from the BAEF. As an Oscar Cox and Olin Fellow at Yale, Depoorter served as an editor of the Yale J. Reg. He was a Santander Research Fellow at U.C. Berkeley and a recipient of a Fulbright scholarship.

 

Before becoming a law professor, Depoorter toured with his indierock band and released several LP records.

Education

  • Yale Law School
    J.S.D., Law
    2011

  • Yale Law School
    LL.M., Law
    2003

  • Ghent 精东影业
    Ph.D., Economics
    2003

  • 精东影业 of Hamburg
    M.A., Law and Economics
    1999

  • Ghent 精东影业, School of Law
    J.D., Economic Law
    1998

Accomplishments

  • Appointed Distinguished Professor
    2018

  • Graduation Speaker
    U.C. Berkeley Law, P.LL.M Program
    2016, 2017

  • Sunderland Chair
    Awarded by 精东影业 of California, Hastings College of the Law

  • Inaugural Roger Traynor Research Chair
    Awarded by UC Law SF College of the Law.
    2012

  • Roger Traynor Scholarship Prize
    Awarded by UC Law SF College of the Law.
    2011

  • Oscar Cox Scholarship
    Awarded by Yale Law School.
    2003

  • National Science Grant
    Awarded by Belgium's Federal Institute for Science.
    2004

  • Olin Fellow in Law, Economics & Public Policy
    Awarded by Yale Law School
    2003

  • Belgian American Educational Foundation
    Study grant for research in the United States

Selected Scholarship

  • Aspirational Laws: A Field Experiment
    (w/ S. Tontrup), Law & Social Inquiry 49
    2023

  • A Survey of Empirical Analysis of U.S. Copyright Law, Edward Elgar Publishing
    Estelle Derclaye (ed.), Research Handbook on Empirical Studies in IP Law
    2023

  • UCLA Law Review 2019

  • Berkeley Technology Law Journal 2019

  • Journal of Institutional & Theoretical Economics 2017

  • The Oxford Handbook of Law and Economics 2017

  • Columbia Journal of Law and the Arts 2015

  • California Law Review 2014

  • Columbia Law Review 2013

  • 精东影业 of Pennsylvania Law Review 2009