Jessica M. Silbey

Northeastern University - School of Law

Professor of Law

416 Huntington Avenue

Boston, MA 02115

United States

Northeastern University - Center for Law, Innovation and Creativity

416 Huntington Avenue

Boston, MA 02115

United States

  • Northeastern University - School of Law

SCHOLARLY PAPERS

40

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7,447

SSRN CITATIONS
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Top 23,937

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11

CROSSREF CITATIONS

23

Scholarly Papers (40)

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1.

The Mythical Beginnings of Intellectual Property

George Mason Law Review, Vol. 15, p. 319, 2008, Suffolk University Law School Research Paper No. 07-30
Number of pages: 62 Posted: 11 Sep 2007 Last Revised: 20 Jan 2008
Jessica M. Silbey
Northeastern University - School of Law
Downloads 923 (26,361)
Citation 1

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Intellectual property, trademark, copyright, patent, narrative theory, law and culture, cultural analysis of law, law and literature, political theory

2.

Images in/of Law

New York Law School Law Review, Vol. 57, p. 171, 2012/13, Suffolk University Law School Research Paper No. 12-37
Number of pages: 14 Posted: 11 Oct 2012 Last Revised: 12 Oct 2012
Jessica M. Silbey
Northeastern University - School of Law
Downloads 623 (45,266)

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film, evidence, law and humanities, constitutional law, gaming, cultural study of law, intellectual property, virtual reality

3.

Harvesting Intellectual Property

Number of pages: 14 Posted: 05 May 2010
Jessica M. Silbey
Northeastern University - School of Law
Downloads 360 (88,650)

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intellectual property, law and humanities, law and narrative, law and economics

4.

Harvesting Intellectual Property: Inspired Beginnings and 'Work-Makes-Work,' Two Stages in the Creative Processes of Artists and Innovators

Notre Dame Law Review, Vol. 86, p. 2091, 2011, Suffolk University Law School Research Paper No. 11-60
Number of pages: 43 Posted: 20 Dec 2011
Jessica M. Silbey
Northeastern University - School of Law
Downloads 358 (89,189)
Citation 1

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intellectual property, copyright, trademark, patent, empirical legal studies, narrative, law and culture, popular consciousness, law and humanities

5.

A History of Representations of Justice: Coincident Preoccupations of Law and Film

REPRESENTATIONS OF JUSTICE, Masson, O'Connors, eds., Peter Lang, 2007
Number of pages: 26 Posted: 08 Feb 2020
Jessica M. Silbey
Northeastern University - School of Law
Downloads 316 (102,666)
Citation 2

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film, popular culture, evidence, law and technology, cinema, trial, litigation, cultural analysis of law, law and humanities, legal consciousness

6.

Filmmaking in the Precinct House and the Genre of Documentary Film

Columbia Journal of Law & the Arts, Vol. 29, No. 2, pp. 107-180, 2006
Number of pages: 74 Posted: 08 Feb 2020
Jessica M. Silbey
Northeastern University - School of Law
Downloads 292 (111,768)

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film, evidence, popular culture, confession, criminal law, interrogations, legislation

7.

Judges as Film Critics: New Approaches to Filmic Evidence

University of Michigan Journal of Law Reform, Vol. 37, p. 493, 2004
Number of pages: 79 Posted: 08 Feb 2020
Jessica M. Silbey
Northeastern University - School of Law
Downloads 280 (116,827)
Citation 1

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Law, evidence, film, popular culture, video

8.

What Do We Do When We Do Law and Popular Culture

Law and Social Inquiry, 2002
Number of pages: 33 Posted: 25 Oct 2004
Jessica M. Silbey
Northeastern University - School of Law
Downloads 275 (119,102)
Citation 4

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Popular culture, cultural studies, law and film, law and literature, cultural analysis of law

9.

Cross-Examining Film

University of Maryland Law Journal of Race, Religion, Gender and Class, Vol. 8, p. 101, 2009, Suffolk University Law School Research Paper No. 08-21
Number of pages: 31 Posted: 07 Aug 2008 Last Revised: 03 Apr 2009
Jessica M. Silbey
Northeastern University - School of Law
Downloads 270 (121,397)

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film, evidence, supreme court, fourth amendment, qualified immunity, trial practice, law and culture, law and humanities, law and literature, constitutional law, sixth amendment, fifth amendment, civil rights

10.

Copyright’s Memory Hole

Brigham Young University Law Review, Forthcoming, Northeastern University School of Law Research Paper No. 344-2019
Number of pages: 58 Posted: 18 Mar 2019 Last Revised: 23 Mar 2019
Eric Goldman and Jessica M. Silbey
Santa Clara University - School of Law and Northeastern University - School of Law
Downloads 258 (127,368)

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copyright, privacy, reputation, orwell, 1984, censorship, free speech, memory hole

11.

Patterns of Courtroom Justice

Journal of Law and Society, Vol. 28, No. 1, pp. 97-116, 2001
Number of pages: 20 Posted: 20 Jun 2004
Jessica M. Silbey
Northeastern University - School of Law
Downloads 234 (140,340)

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Law, film, trial film, courtroom drama, popular culture

12.

The Eureka Myth: Creators, Innovators, and Everyday Intellectual Property

The Eureka Myth: Creators, Innovators, and Everyday Intellectual Property (Stanford University Press, 2015) , Suffolk University Law School Research Paper No. 15-7
Number of pages: 20 Posted: 15 Feb 2015 Last Revised: 16 Feb 2015
Jessica M. Silbey
Northeastern University - School of Law
Downloads 209 (156,321)

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intellectual property, copyright, patent, trademark, trade secret, empirical research, qualitative analysis, cultural analysis of law, narrative theory, law and economics

13.

The Politics of Law and Film Study: An Introduction to the Symposium on Legal Outsiders in American Film

Suffolk University Law Review, Vol. 42, p. 755, 2009, Suffolk University Law School Research Paper No. 09-34
Number of pages: 15 Posted: 30 Jul 2009
Jessica M. Silbey
Northeastern University - School of Law
Downloads 206 (158,555)

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law and film, cultural studies, cultural analysis of law, jurisprudence, criminal law, law and the humanities, law and literature

14.

The Rhetoric of Intellectual Property: Copyright Law and the Regulation of Digital Culture, by Jessica Reyman (Book Review)

IP Law Book Review, Vol. 1, No. 1, p. 27, June 2010, Suffolk University Law School Research Paper No. 10-29
Number of pages: 9 Posted: 06 Jul 2010
Jessica M. Silbey
Northeastern University - School of Law
Downloads 205 (159,252)

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intellectual property, law and literature, law and humanities, copyright, technology, rhetoric, social change

15.

Truth Tales and Trial Films

Loyola of Los Angeles Law Review, Vol. 40, p. 551, 2007, Suffolk University Law School Research Paper No. 07-05
Number of pages: 39 Posted: 22 Jan 2020
Jessica M. Silbey
Northeastern University - School of Law
Downloads 202 (161,422)

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law and film, law and humanities, law and popular culture, interdisciplinary legal studies, law and literature, cultural analysis of law, law and culture, popular legal consciousness, cinema, trials, litigation

16.

Evidence Verité and the Law of Film

Cardozo Law Review, Vol. 31, No. 4, pp. 1257-1299, 2010, Suffolk University Law School Research Paper No. 10-23
Number of pages: 44 Posted: 25 Apr 2010
Jessica M. Silbey
Northeastern University - School of Law
Downloads 200 (162,982)

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Evidence, Law and Film, Law and Cultural Studies, Law and Humanities, Law and Literature, Criminal Law, Law and Interpretation, Photography, Photographs, Fair Use and Copyright

17.

Videotaped Confessions and the Genre of Documentary

Fordham Intellectual Property, Media and Entertainment Law Journal, Vol. 16, p. 789, 2006
Number of pages: 20 Posted: 08 Feb 2020
Jessica M. Silbey
Northeastern University - School of Law
Downloads 180 (179,281)

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evidence, film, law and popular culture, documentary, law and film, law and literature, intellectual property

18.

The Upside of Deep Fakes

78 Maryland Law Review 960 (2019), Northeastern University School of Law Research Paper No. 356-2019
Number of pages: 9 Posted: 13 Sep 2019
Jessica M. Silbey and Woodrow Hartzog
Northeastern University - School of Law and Northeastern University School of Law and Khoury College of Computer Sciences
Downloads 169 (189,459)

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privacy, democracy, education law, media law, copyright, civil rights, information law, first amendment

19.

Law and Justice on the Small Screen

Law and Justice on the Small Screen, Hart Publishing, 2012, Suffolk University Law School Research Paper No. 12-31
Number of pages: 20 Posted: 08 Aug 2012 Last Revised: 23 Aug 2012
Peter Robson and Jessica M. Silbey
University of Strathclyde - School of Law and Northeastern University - School of Law
Downloads 159 (199,611)

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law and television, film, popular culture, law and literature, law and humanities, law and culture, law and psychology, criminal law, evidence, judging, law of lawyering, professional responsibility, legal ethics

20.

Persuasive Visions: Film and Memory

Law, Culture and the Humanities, Vol. 10, p. 24, 2014, Suffolk University Law School Research Paper No. 11-58
Number of pages: 20 Posted: 16 Dec 2011 Last Revised: 12 Feb 2014
Jessica M. Silbey
Northeastern University - School of Law
Downloads 157 (201,745)

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law and film, law and literature, memory, evidence, cultural analysis of law, film, criminal law

21.

Criminal Performances: Film, Autobiography, and Confession

New Mexico Law Review, Vol. 37, p. 189, 2007, Suffolk University Law School Research Paper No. 07-11
Number of pages: 59 Posted: 02 Mar 2007
Jessica M. Silbey
Northeastern University - School of Law
Downloads 150 (209,496)

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film, evidence, confession, law and literature, law and film, law and culture, cultural analysis of law, criminal law, Fifth Amendment

22.

A Witness to Justice

STUDIES IN LAW, POLITICS AND SOCIETY: A SPECIAL SYMPOSIUM ISSUE ON LAW AND FILM, Austin Sarat, ed., Vol. 46, pp. 61-91, 2009, Suffolk University Law School Research Paper No. 09-07
Number of pages: 35 Posted: 23 Jan 2009 Last Revised: 02 Feb 2009
Jessica M. Silbey
Northeastern University - School of Law
Downloads 133 (230,785)
Citation 1

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law and film, law and humanities, evidence, rape, criminal law, law and literature, evidence, jurisprudence, witness, testimony

23.

Xerography and the Photocopy Machine

A History of Intellectual Property in 50 Objects, Dan Hunter and Claudy Op Den Camp, eds., Cambridge University Press, Forthcoming, Northeastern University School of Law Research Paper No. 303-2017
Number of pages: 4 Posted: 26 Nov 2017
Jessica M. Silbey
Northeastern University - School of Law
Downloads 128 (237,649)

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copyright, patent, intellectual property, legal history, law and technology, IP

24.

Introduction to Symposium: Reasoning from Literature

Yale Journal of Law and the Humanities, Vol. 22, p. 339, 2010, Suffolk University Law School Research Paper No. 10-31
Number of pages: 11 Posted: 07 Jul 2010
Jessica M. Silbey
Northeastern University - School of Law
Downloads 121 (247,952)

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law and literature, law and humanities, rhetoric, narrative, cultural analysis of law

25.

American Trial Films and the Popular Culture of Law

Oxford Research Encyclopedia of Criminology (Oxford Univ. Press 2017), DOI: 10.1093/acrefore/9780190264079.013.200, Northeastern University School of Law Research Paper No. 321-2018
Number of pages: 19 Posted: 08 Feb 2020
Jessica M. Silbey
Northeastern University - School of Law
Downloads 117 (254,133)

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film, courtroom drama, lawyers

26.

Comparative Tales of Origins and Access: Intellectual Property and the Rhetoric of Social Change

Case Western Reserve Law Review, Vol. 61, p. 195, 2010, Suffolk University Law School Research Paper No. 11-21
Number of pages: 75 Posted: 26 Apr 2011
Jessica M. Silbey
Northeastern University - School of Law
Downloads 99 (285,535)
Citation 1

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intellectual property, trademark, copyright, patent, narrative, law and literature, law and culture, rhetoric, social change, social movements, open source, property

27.

Fairer Uses

Boston University Law Review, Vol. 96, Forthcoming, Northeastern University School of Law Research Paper No. 268-2016
Number of pages: 13 Posted: 19 Jun 2016
Jessica M. Silbey
Northeastern University - School of Law
Downloads 92 (299,320)

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intellectual property, copyright, fair use, empirical legal studies, trademark, notice, property

28.

The Semiotics of Film in US Supreme Court Cases

LAW, CULTURE AND VISUAL STUDIES (Springer 2014), p. 179, Suffolk University Law School Research Paper No. 14-16
Number of pages: 26 Posted: 09 Jun 2014
Jessica M. Silbey and Meghan Slack
Northeastern University - School of Law and Law Office of Meghan Slack
Downloads 87 (309,935)

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law and humanities, law and culture, law and film, semiotics, first amendment, obscenity, copyright, intellectual property, pornography, search and seizure

29.

IP and Ethnography: A Qualitative Research Approach

Oxford Handbook on Intellectual Property Research, Irene Calboli and Lillà Montagnani, eds. (Oxford University Press 2019), Northeastern University School of Law Research Paper No. 340-2018
Number of pages: 11 Posted: 05 Dec 2018 Last Revised: 20 Dec 2018
Jessica M. Silbey
Northeastern University - School of Law
Downloads 84 (316,741)

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IP, patents, copyright, qualitative legal research

30.

Promoting Progress: A Qualitative Analysis of Creative and Innovative Production

The SAGE Handbook of Intellectual Property (SAGE Publications, 2014), p. 515, Suffolk University Law School Research Paper No. 15-9
Number of pages: 25 Posted: 18 Feb 2015
Jessica M. Silbey
Northeastern University - School of Law
Downloads 70 (351,876)

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intellectual property, patent, copyright, trademark, progress, empirical legal research, qualitative research, innovation

31.

Picturing Moral Arguments in a Fraught Legal Arena: Fetuses, Photographic Phantoms and Ultrasounds

Georgetown Journal of Gender and the Law, Vol. 16, No. 3, 2016, Northeastern University School of Law Research Paper No. 246-2015
Number of pages: 40 Posted: 18 Oct 2015 Last Revised: 17 Jun 2016
Jessica M. Silbey
Northeastern University - School of Law
Downloads 69 (354,609)

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constitutional law, abortion, reproductive rights, film, film theory, cultural studies, feminism, privacy, medical technology, compelled speech, video, medical regulation

32.

Reading Intellectual Property Reform Through the Lens of Constitutional Equality

Tulsa Law Review, Vol. 50, p. 549, 2015, Suffolk University Law School Research Paper No. 15-8
Number of pages: 22 Posted: 18 Feb 2015
Jessica M. Silbey
Northeastern University - School of Law
Downloads 68 (357,466)

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intellectual property, copyright, trademark, patent, constitutional law, equality, distributive justice, legal history, Supreme Court

33.

Patent Variation: Discerning Diversity Among Patent Functions

Loyola University Chicago Law Journal, Vol. 45, p. 441, 2013, Suffolk University Law School Research Paper No. 14-1
Number of pages: 39 Posted: 14 Jan 2014 Last Revised: 31 Dec 2014
Jessica M. Silbey
Northeastern University - School of Law
Downloads 62 (374,888)

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intellectual property, patents, empirical legal studies, property, law and economics, law and social science, law and the humanities

34.

Existential Copyright and Professional Photography

95 Notre Dame L. Rev. 263 (2019), Northeastern University School of Law Research Paper No. 362-2019, Northwestern Law & Econ Research Paper No. 19-09, St. John's Legal Studies Research Paper No. 19-0037
Number of pages: 66 Posted: 13 Dec 2019 Last Revised: 17 Dec 2019
Jessica M. Silbey, Eva E. Subotnik and Peter C. DiCola
Northeastern University - School of Law, St. John's University School of Law and Northwestern University School of Law
Downloads 58 (387,344)

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intellectual property, copyright, contract, price discrimination, moral rights, professional regulation, empirical research, qualitative empirical research, photography, fake news, law and economics

35.

Heuristic Interventions in the Study of Intellectual Property

101 Minn. L. Rev. Headnotes 333 (2017), Northeastern University School of Law Research Paper No. 285-2017
Number of pages: 17 Posted: 20 Apr 2017
Jessica M. Silbey
Northeastern University - School of Law
Downloads 58 (387,344)

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Intellectual Property, Patents, Law and Humanities, Empirical Studies of IP, Empirical Analysis of Law, sociology

36.

Narrative Topoi in the Digital Age

Journal of Legal Education, Vol. 68, No. 1 (Forthcoming), Northeastern University School of Law Research Paper No. 339-2018
Number of pages: 13 Posted: 05 Dec 2018 Last Revised: 09 Jan 2019
Zahr Said and Jessica M. Silbey
University of Washington - School of Law and Northeastern University - School of Law
Downloads 56 (393,980)

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Law and humanities, law and literature, narrative, digital storytelling, legal education, legal pedagogy, criminal law, trial practice, social media and law, internet law, communications and media law, first amendment, advertising law, platforms

37.

Intellectual Property Harms: A Paradigm for the Twenty-First Century

99 Boston University Law Review 2448 (2019), Northeastern University School of Law Research Paper No. 366-2020
Number of pages: 32 Posted: 24 Jan 2020 Last Revised: 05 Feb 2020
Jessica M. Silbey
Northeastern University - School of Law
Downloads 42 (444,912)

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intellectual property, copyright, trademark, patent, empirical studies of IP, law and the humanities, law and narrative, law and economics, jurisprudence

38.

Justifying Copyright in the Age of Digital Reproduction: The Case of Photographers

UC Irvine Law Review, Vol. 9, pp. 405 - 454 (2019), Northeastern University School of Law Research Paper No. 345-2019
Number of pages: 51 Posted: 21 Mar 2019
Jessica M. Silbey
Northeastern University - School of Law
Downloads 40 (453,196)

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copyright, intellectual property, empirical legal studies, empirical intellectual property studies, narrative, law and literature, cultural studies of law

39.

Analysis of Videotape Evidence in Police Misconduct Cases

25 Touro L. Rev. 857 (2009), Touro Law Center Legal Studies Research Paper Series
Number of pages: 52 Posted: 30 Apr 2014
Martin A. Schwartz, Jessica M. Silbey, Jack Ryan and Gail Donoghue
Touro College - Jacob D. Fuchsberg Law Center, Northeastern University - School of Law, Suffolk University Law School and New York City Law Department
Downloads 23 (538,373)

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videotape evidence, computer generated simulation, police misconduct litigation, trial evidence, relevance, Rule 403 of the Federal Rules of Evidence, probative value, balancing test, hearsay rule exceptions

40.

Control over Contemporary Photography: A Tangle of Copyright, Right of Publicity, and the First Amendment

Columbia Journal of Law & the Arts, Vol. 42, No. 3, pp. 351-364 (2019), Northeastern University School of Law Research Paper No. 348-2019
Number of pages: 15 Posted: 17 Apr 2019
Jessica M. Silbey
Northeastern University - School of Law
Downloads 14 (595,233)

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copyright, intellectual property, right of publicity, first amendment, contract, empirical methods, ethnography, qualitative methods, legal norms, photography, digital, internet, privacy, law and humanities, law and culture