|Professor of Law
| S H O R T B I O G R A P H Y
Professor Silbey’s scholarship engages in a cultural analysis of law. One of her interests is in the interdiscipline of law and film, exploring how film is used as a legal tool and how it becomes an object of legal analysis in light of its history as a cultural object and art form. How does automated surveillance film become testimony in a court of law? How do cultural perceptions about film affect its 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?
Professor Silbey is also currently working on book about intellectual property law (to be published by Stanford University Press), investigating common and conflicting narratives within legal institutions and private organizations that explain and dispute intellectual property protection in the United States. She is especially interested in the connections between cultural narratives of creation, discovery, incentive and labor and their legal counterparts in cases, statutes and litigation. The empirical dimension of this project (conducting and analyzing interviews with intellectual property professionals) is on-going and the book is due to be completed in late 2012. Professor Silbey teaches courses in constitutional law, trademarks and copyrights.
Professor Silbey received her B.A. from Stanford University and her J.D. and Ph.D. (Comparative Literature) from the University of Michigan. Before joining the faculty of Suffolk University Law School, Professor Silbey litigated at the law firm of Foley Hoag LLP in Boston. She also served as a law clerk to the Honorable Robert E. Keeton on the United States District Court for the District of Massachusetts and to the Honorable Levin Campbell on the United States Court of Appeals for the First Circuit.
Professor Silbey was promoted to Professor of Law in 2011.
BA, Stanford University; JD, PhD, University of Michigan
MA; U.S.D.C. MA; US Court of Appeals 1st & Federal Circuit.
Constitutional Law; Intellectual Property; Cultural Analysis of Law; Copyright Law; Trademark Law
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).
HARVESTING INTELLECTUAL PROPERTY:IP INTERVENTIONS AND THE ROLES OF INTELLECTUAL PROPERTIES IN CREATIVE AND INNOVATIVE WORK (Stanford University Press, forthcoming 2013 )
| S E L E C T E D P U B L I C A T I O N S
LAW AND JUSTICE ON THE SMALL SCREEN (2012) (Peter Robson and Jessica Silbey, eds.)
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., 2013)
The Semiotics of Film in U.S. Supreme Court Jurisprudence, in LAW, CULTURE AND VISUAL STUDIES (Springer Press, Anne Wagner and Richard Sherwin eds., 2012)
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)
Persuasive Visions: Film and Memory, LAW, CULTURE & HUMAN. J. (forthcoming 2012)
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)
| C O N T A C T I N F O
Prof. Jessica Silbey
Suffolk University Law School
120 Tremont Street
, Suite 210-D
Boston, MA 02108-4977