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April 12, 2011

Bayh-Dole @ 30: Mapping the Future of University Patenting (UC Davis, April 29–30, 2011)

 

For the last thirty years, the Bayh-Dole Act has framed the relationship between US universities ad industry, promoting the flow of publicly-funded research toward private-sector development.  In doing so it has also fostered, or at least epitomized, the university’s turn to intensive intellectual property production, protection, and licensing.  It has been both hailed as a much-needed modernization of ivory tower culture and attacked for its corrupting effects on the university’s commitment to open knowledge.  Our conference moves beyond predictable ideological pronouncements to discuss the complex empirical evidence about the success and shortcomings of Bayh-Dole, and the equally complex challenge of how to define “success” and “shortcoming” in the context of the university’s mission. 

PROGRAM:

FRIDAY, April 29
(Buelher Alumni & Visitors Center, AGR Room)

2:15–2:30

Welcome

Dean Ron Mangun, UC Davis Division of Social Sciences

Dear Kevin Johnson, UC Davis School of Law

2:30–4:00

Is University Patenting Technology-Specific? 

Speaker: Dan Burk (UC Irvine) 

Comments:  Pamela Samuelson (UC Berkeley); Mario Biagioli (UC Davis)

Response:  Mark Lemley (Stanford)

4:15–5:45

Managing University Intellectual Property in the Public Interest

Speaker: Alan Bennett (UC Davis)

Exporting Bayh-Dole: Identifying the Institutional Connections in Patent Commercialization

Speaker: Shubha Ghosh (U Wisconsin, Madison)

Comment: Anupam Chander (UC Davis)

5:45-6:45

Reception and Book Party

Alain Pottage & Brad Sherman, Figures of Invention, Oxford University Press, 2010

 

SATURDAY April 30
(King Hall 1001, Kalmanovitz Appellate Courtroom)

9:00–10:30

Accountability and Government Rights: Agency Implementation of the Bayh-Dole

Speaker: Arti Rai (Duke)

Bayh-Dole and Entrepreneurship Reconsidered: University Versus Inventor Ownership

Speaker: Martin Kenney (UC Davis)

Comment: Keith Aoki (UC Davis)

 

10:45-12:15

Transcending the Tacit Dimension: Markets, Relationships, and Organizations in Technology Transfer

Speaker: Peter Lee (UC Davis)

Bayh-Dole, Research Tools, and the Scientific Enterprise

Speaker: David Winickoff (UC Berkeley)

Working Knowledge:  The University Envisions Innovation

Spaker: Brian Kahin (CCIA/Harvard)

Comment: Andrew Hargadon (UC Davis)

 

1:45–3:15

The Patenting of University-Based Research in Australia

Speaker: Brad Sherman (Griffith University, Brisbane)

Federal Funding and Innovations in Bionanotechnology: US-China Comparisons

Speaker: Tim Lenoir (Duke)

Comment: Madhavi Sunder (UC Davis)

 

3:30–5:00

Synthetic biology: Reconstructing the Public in the Wake of Bayh-Dole

Speaker: Alain Pottage (London School of Economics)

The Digital Commons and Bayh-Dole

Speaker: John Wilbanks (Creative Commons)

Comment: Joseph Dumit (UC Davis)

 

5:00–5:15

Concluding Remarks

Speaker: Pamela Samuelson (UC Berkeley)

 

REGISTRATION IS FREE BUT SPACE IS LIMITED.  Please reserve your seat by following this link: www.tinyurl.com/BayhDole30.

Information about the event including directions can be found at innovation.ucdavis.edu/events/bayh-dole-30-mapping-the-future-of-university-patenting. If you have other questions or require assistance please email Charles Adelsheim.

The event is sponsored by the Center for Science & Innovation Studies, UC Davis Division of Social Sciences, UC Davis School of Law, King Hall Annual Fund, Science and Technology Studies Program.

 

Download the flyer.

 

April 12, 2011

False Dichotomies of Class (Part I): Mobility versus Mobilization

Martha McCluskey wrote a couple of weeks ago on the ClassCrits Blog about some questions regarding class that arose at Martha Fineman’s recent workshop, Masking and Manipulating Vulnerabilities, at Emory Law School.  To summarize, McCluskey asked whether it is “problematic to analyze class as a category of inequality without directly engaging questions of labor rights?”

The genesis of that conversation at Emory was my speculation regarding the reasons for resistance to class analysis regarding whites and, by extension, resistance to the vulnerability paradigm.  Like my other recent work on class, my comments at Emory  focused on class mobility and did not engage issues of collective mobilization.  I thus believe the clear answer to McCluskey’s question is “no.”  Class mobility (think class ascension, although the sad trend these days is downward mobility) and class mobilization (as through unionizing and labor rights) seem to me different paths to empowerment of the working class and poor.  I see these as able to reside comfortably, side-by-side, on parallel tracks.  Indeed, now that McCluskey (echoing others at the Emory workshop) has voiced this issue, I find myself surprised that we do not see more law professors writing about class (im)mobility in a way that separates the issue from racism. That is, I am concerned that socially conscious progressives see challenges to upward mobility as stemming primarily, even solely, from bias against minorities.  If this is the case, we are failing to see that whites, too, are increasingly victims of the inequality gap and its attendant barriers to upward class migration.

We socially conscious progressives are attuned to the need to achieve higher educational attainment for racial and ethnic minorities.  We understand the need to facilitate their class ascension, to integrate more of them into the professional/managerial class, to bring them to the big table of law- and policy-making, in part so that we can benefit from what they know from personal experience.  Affirmative action programs have long been aimed at this outcome—and rightfully so.  We don’t just talk about unionizing minority populations, which presumes that they will stay working class, albeit in a materially more comfortable way.  We talk about diversifying the pipeline into the upper middle class, a/k/a the professional/managerial class.  We grieve the fate of minority children who could have become our political and business leaders—if only they had enjoyed something approaching equal opportunity.

Why, then, do we pay so little attention to class mobility among poor and working class whites?  Why would we limit ourselves to working for their mobilization—as in unions—rather than their upward mobility? Perhaps we have taken for granted white folks’ ability to transcend class boundaries because whites are not the victims of racism.  To quote Joe Bageant’s Deer Hunting with Jesus:  Dispatches from America’s Class War, we’ve been snookered by the “myth of the power of white skin.”  That is, we may buy into the “unspoken belief that if a white person does not succeed, his or her lack of success can be due only to laziness.”  We recognize racism as among the many factors that impede class mobility for racial minorities, but we don’t credit the structural barriers—or cultural bias against poor whites (see here and here)—when assessing the prospects of working class whites.  Yet many poor and working class whites face the same sorts of structural and cultural obstacles that burden minorities:  crummy schools, inadequate health care, a dearth of educated role models in their communities, and low expectations.

Yes, tragically, racism is alive and well in this country.  But minority status is not the only force that holds back working class young people who have the sheer native ability and ambition to get a college degree—or even go well beyond it.  Socially conscious progressives are smart enough to know this, but I see very few acknowledging it.  Which brings us to the State, hardly an innocent bystander of the “class war” to which so many insist on turning a blind eye.  To pick up Martha McCluskey’s metaphor, of course the different classes are not just layers in a cake with as much do with one another as with the cake pan (a/k/a the State).  No, the inferior education, health care and other dwindling supports to which the working class have access directly implicate the State and its grossly uneven distribution of resources.  Relying on local funding (as opposed to state and federal funding) of myriad services is just one component of this.  As President Obama recognized in his 2010 State of the Union address, “the success of our children cannot depend more on where they live than on their potential.”  Yet sadly it often does.  Read more here and here.    

I admit that I’m interested in class (im)mobility in part because I’m a “class migrant,” one “born and raised working class, who join the upper-middle class through access to ... education” (quoting the definition from Joan Williams’ recent book).  But the struggle for class ascension isn’t only supported by anecdote.  Data indicate that upward mobility for the working class is declining—at least as measured by higher education attainment.  In 1970, 61% of college students were the children of parents whose highest education level was a high school diploma or less—that is, they were “first-generation college.”  By 1990, that figure had fallen to 41%, and in 2000, only 22% of those who attended college were the first generation in their family to do so.  Even taking into account the role played by the rising percentage of people (parents) with college degrees over those three decades (though it remains less than 30%), the data suggest that the working class kid who gets to (let alone through!) college is increasingly rare.  Structural impediments bear a significant part of the blame.  Most obviously and recently, these include dramatically higher tuition for tertiary education, even at state colleges and universities.

In any event, I don’t see how this focus on class (im)mobility—which has both material and cultural aspects (as I shall discuss further in a future post)—precludes attention to organized labor.  I’m all for unionizing those who will remain in the working class, and I would hope that nothing I say be used to naturalize constraints on workers’ power to act collectively.  However much we increase mobility for some, we will always have workers with us, but they need not be poor.  Clearly, collective action is necessary to improve their material circumstances.

But focusing only on organizing the working class is arguably an insult to the extent that it objectifies and distances “them” from “us,” compartmentalizing them below us in the class hierarchy.  To focus exclusively on unionizing the working class overlooks the potential and desire of some to transcend class boundaries (as through higher education) and join the upper middle class.

Surely we want white class migrants among our ranks—just as we want class migrants from minority groups—sitting at the “big table” at which social progressive brainstorm problems, set priorities, and formulate solutions. I am convinced that they (we) could teach us (you) a few things.  Class migrants can remind those in power what generations of them have known:  like the racial privilege enjoyed by those of us who are white, our class privilege causes us to take too much for granted—and it tempts us to take too much individual credit for our own professional and material success.

Cross-posted to ClassCrits, SALTLaw Blog, and Legal Ruralism

December 10, 2010

DREAM Act holds promise of economic stimulus for state

Cross-posted from the Sacramento Bee op-ed co-authored with Marielena Hincapié, executive director of the National Immigration Law Center, published on November 28.

As early as this week, Congress might decide the fate of thousands of young Californians who would like to fully contribute to our economy, but currently are unable to do so because of their immigration status. The House of Representatives and the Senate plan to vote on the DREAM Act, which would provide undocumented young men and women of good moral character who attend college or enlist in the armed services with a pathway to citizenship.

Even if they lack the right papers, the young people who would benefit from the DREAM Act are unquestionably American. Many were brought to the United States as infants by their parents and do not remember life in the countries of their birth. Some do not even speak the language of the nations that were once home. Fighting long odds and overcoming numerous barriers, they have excelled in our educational system. Moreover, they have been members of our church congregations, Little League and soccer teams, attended our schools and become friends of our children.

The DREAMers, as undocumented students are called, now want to participate as full members of society by using their education to contribute to the work force – and work legally. Congress should act now and make that possible.

DREAMers are already integral components of our colleges and universities. Recently, the nation learned that Pedro Ramirez, who was elected by his classmates to be the student body president of California State University, Fresno, was undocumented. Co-valedictorian of his high school, Ramirez has excelled in college. How many parents would dream of having their child be student body president? Having lived in this country since he was 3, Ramirez did not even know that he was an undocumented immigrant until he began the college application process.

Because of his immigration status, Ramirez has served as student body president but, to avoid violating the law, declined the customary $9,000 stipend. So much for the stereotype that undocumented immigrants are unabashed lawbreakers. The stipend would have helped Ramirez immensely. As an undocumented student, he is not eligible for federal or state financial assistance and educational loans.

Thousands of young men and women just like Pedro Ramirez have worked hard and deeply want to contribute to this – indeed, their – great nation. Unfortunately, unless Congress passes federal legislation, there is virtually no way for them to work legally. The Immigration and Nationality Act of 1952, the federal immigration law that Congress amends in piecemeal fashion almost annually, is woefully out of sync with the nation's current economic needs.

We all benefit by ensuring that the DREAMers can live the American dream. The DREAM Act would allow us to take a first, important step toward modernizing the U.S. immigration laws by allowing those who call this country home to be permitted to fully contribute economically to the nation's well-being.

For Californians, the DREAM Act holds the promise of improving a sputtering economy. More than 500,000 DREAMers live in California. With a college education or military training, these young people have the skills and education to jump-start the economy and create a more prosperous work force.

Moreover, common sense dictates that college-educated workers – workers whom Californians invested in by providing a K-12 education – earn more and contribute more in taxes than those without such an education. It is irrational not to capitalize on the state's investment in the DREAMers as well as to deny California's employers, and tax coffers, this valuable asset. In enacting Assembly Bill 540, the California Legislature reached a similar conclusion and ensured that all graduates of California high schools would be eligible for in-state resident fees at California's public colleges and universities, a law that the California Supreme Court recently upheld.

Some argue that Congress should wait to pass a more comprehensive solution to fix the nation's broken immigration system. We firmly believe that it unquestionably is the case that the nation must eventually create a system that meets the societal and economic needs of the United States. However, to paraphrase Voltaire, the "perfect" should not be the enemy of the "good." In our estimation, the DREAM Act would be a "good," even if not a "perfect," first step toward some kind of lasting, meaningful and practical immigration reform.

Californians face many difficult decisions in putting their economic house in order. By passing the DREAM Act, Congress can help provide a cost-neutral economic stimulus that will help the Golden State's future entrepreneurs, engineers, Web designers and community leaders to contribute fully to California's economy.

Note: I also signed on to a letter that was published in the Huffington Post.  Click here to read We Cannot Afford Not to Pass the DREAM Act: A Plea from Immigration Scholars.

August 26, 2010

"Winter's Bone" and the Limits of White Privilege (Part II)

In a recent post, I commented on what the film “Winter’s Bone” might reveal about white privilege.  There I discussed Ree Dolly, the film’s heroine, in the overwhelmingly white context of Taney County, Missouri, where the median household income is about 75% of the national median.  (In neighboring persistent poverty Ozark County, which seems more reflective of Ree’s milieu as depicted in the film, the median household income is about 65% of the national figure).  Now I want to discuss Ree’s whiteness and socioeconomic disadvantage in a broader context.

What if Ree goes off to Southwest Missouri State in nearby Springfield, Missouri?  or even the University of Missouri?  First, should she be the beneficiary of affirmative action in getting there?  In my opinion, absolutely.  (Read a recent discussion regarding the lack of white, lower class and rural privilege in college admissions here and here).  She would bring diversity of life experience to the student body, and she represents extreme socioeconomic disadvantage.

Second, would she enjoy white privilege in a more racially and ethnically diverse university setting?  Yes, and it would presumably be more apparent there.  I daresay, however, that her peers’ and professors’ responses to her—whether and to what extent she experienced discrimination or benefit in a range of settings—would be greatly influenced by how effectively she practiced class passing.  Can and does she "clean up well" in appearance and accent?  And let’s not forget that class passing requires money—for clothes and other accoutrement.

In her new book, Reshaping the Work-Family Debate:  Why Men and Class Matter (2010), Joan Williams quotes from memoirs of “class migrants,” those “born and raised working class, who join the upper-middle class through access to elite education.”  One said, “It is striking to me and many other working-class academics that faculty who would never utter a racial slur will casually refer to ‘trailer trash’ or ‘white trash.’”   Observing that “academia barely acknowledges working-class existence,” another wrote:  “Where I live and work, white Southern working-class culture is known only as a caricature.”  Yet another reported condescension from his professors, who resented having to teach the likes of him at lower-status institutions, where the relatively few working-class students who get to college typically wind up.

All of this is to say that people of color may over-estimate the ease with which working-class whites assimilate and are supported at colleges and universities as they attempt to transcend class boundaries.  In my own observation, no one is more judgmental of lower class whites than more privileged whites.

Bearing in mind the recent reminder that “anyone who even tries to talk about race risks public outrage and humiliation,” I want to suggest that we lose something by being (too) oppositional when it comes to race and ethnicity.  If we see disadvantage and hardship as being so thoroughly grounded in color, we build walls instead of bridges between the wide range of folks who are socioeconomically disadvantaged or otherwise “lower class.”  I am reminded of Angela Harris’ comment regarding racial differences among feminists:  “wholeness and commonality are acts of will and creativity, not passive discovery.”  It takes such acts to build bridges, and this is true in the context of class, too.  To do so, we may have to look past the differences between “us” and a poor, rural white population who are—Ree Dolly and her exceptional, noble ilk aside—generally unsympathetic, a population whose politics often seem contrary to their own interests, as well as to ours.  (Read more here and here).

I am also reminded of this point from Barack Obama's famous race speech of March 18, 2008:

Most working- and middle-class white Americans don't feel that they have been particularly privileged by their race. Their experience is the immigrant experience—as far as they're concerned, no one's handed them anything, they've built it from scratch. They've worked hard all their lives.

This perception by whites—partial as it is—is shared by the poorest, most disadvantaged whites.  They are not feeling the privilege because their lives are so lacking the trappings associated it.  Imagine someone telling Ree:  “You’re white, you’ll be alright.”  What a slap in the face—which might be what Ree would literally give back to the speaker.  White privilege isn’t feeding the kids.

I don’t see progressive law professors writing or talking much about socioeconomic or geographic disadvantage except when it is linked to racial/ethnic disadvantage.  This leaves poor whites out of the conversation, and beyond apparent consideration.  Lani Guinier and Gerald Torres are notable exceptions, doing in The Miner’s Canary:  Enlisting Race, Resisting Power and Transforming Democracy just what Harris urges.  They identify commonalities between rural whites and racial/ethnic minorities in relation to educational disadvantage.  More scholars should follow their lead.

In his New York Times column about the Shirley Sherrod debacle, Bob Herbert similarly calls us to seek commonalities across race lines, writing:

“The point that Ms. Sherrod was making as she talked in her speech about the white farmer who had come to her for help was that we are all being sold a tragic bill of goods by the powerful forces that insist on pitting blacks, whites and other ethnic groups against one another.

Ms. Sherrod came to the realization, as she witnessed the plight of poverty-stricken white farmers in the South more than two decades ago, that the essential issue in this country “is really about those who have versus those who don’t.”

She explained how the wealthier classes have benefited from whites and blacks constantly being at each other’s throats, and how rampant racism has insidiously kept so many struggling whites from recognizing those many things they and their families have in common with economically struggling blacks, Hispanics and so on.”

To write about poor white people—especially the nearly invisible ones in rural places—is not to say that racism is not a problem in this country (or, for that matter, “in the country”).  It is not to ignore white privilege.  But while whiteness has value in many settings, it's not a magic bullet.

I'm sad to report that there's more than enough social injustice and socioeconomic disadvantage to go around.  Plenty of groups—even poor white folks, a lot of them rural—are getting a piece of that bitter pie.  Ree Dolly reminds us of this.

Film critics have touted Ree as brilliant, a feminist heroine, a modern-day Antigone.  Like many film goers to whom I have spoken, they look past her trappings and her kin, and they see her value.  This is progress—but then, Ree’s character and courageous acts are exceptional.

Last year's winner of the Sundance Grand Jury Prize for Drama, “Precious,” also featured a resilient and courageous female lead.  Both Precious and Ree represent opportunities for us to see profound disadvantage in the context of communities with which few of us have first-hand experience.  Thinking about what these young women share, and not only how their experiences diverge, should remind us to see beyond color—to shared vulnerability and humanity.

Cross-posted to SALTLaw Blog and Legal Ruralism.

August 22, 2010

Elitism and Education (Part II): Rethinking the Wisdom of an Elite Undergrduate Education

Written by Lisa R. Pruitt

This story, "Placing the Blame as Students are Buried in Debt," caught my attention when it appeared in the New York Times in May.   The report features Cortney Munna, a 26-year-old NYU grad who is buried under $100,000 of student debt.  Journalist Ron Lieber tells us that Ms. Munna would "struggle" to make her student loan payments if she had to, but she's been deferring them since her 2005 graduation, in part by taking night classes.  Lieber writes:

"This is not a long-term solution, because the interest on the loans continues to pile up. So in an eerie echo of the mortgage crisis, tens of thousands of people like Ms. Munna are facing a reckoning. They and their families made borrowing decisions based more on emotion than reason, much as subprime borrowers assumed the value of their houses would always go up."

This story, which also appears under the headline, "Another Debt Crisis is Looming, This One in Student Loans," discusses the range of stakeholders who could be blamed for the situation in which Ms. Munna and many others find themselves:  the universities, the parents, and--of course--the lenders.  At one point Lieber suggests a "shared failure of parenting and underwriting."  He continues:

"How could her mother have let her run up that debt, and why didn’t she try to make her daughter transfer to, say, the best school in the much cheaper state university system in New York? 'All I could see was college, and a good college and how proud I was of her,' [her mother] said. 'All we needed to do was get this education and get the good job. This is the thing that eats away at me, the naïveté on my part.'”

For me, one of the most striking aspects of this cautionary tale is the emotional component driving the decision for Cortney to attend an elite university like NYU rather than a state school.  How common is this, I wonder?  Cortney's family is described as middle class, but the story's details indicate quite a bit of financial insecurity (Cortney's  farther died when she was 13, and Cortney's mom was going back to college to finish her degree at the same time Cortney was at NYU).  It seems that Cortney and her mom may have picked NYU for what they thought it offered in possible class mobility and security.  Ironically, at this point they have neither.

All this got me thinking (again) about the attraction of elite tertiary educational institutions.  They enjoy enormous cachet, and conventional wisdom suggests that attending them opens up opportunities that not all college (or law school) graduates enjoy.  (But see this recent study in the context of law school admissions).   In fact, two studies suggest that the eliteness of one's undergraduate degree has relatively little effect on future earnings.

But salary is only one measure of success.  Another is what a degree from an elite college does, both short-term and long-term, to open doors via alumni networks, public perception, and so forth.  One such door is that to graduate and professional school admission.  As progressive law professors, we are supposed to be sensitive to privilege and at least somewhat intentional about not re-creating it.  Yet if  we give too much weight to elite undergraduate degrees in the law school admissions process we are very often doing just that.

Admissions at any given law school is, in fact, a zero sum game, so we may close doors to graduates of less elite schools, often public colleges and universities (the eliteness of which varies greatly from state to state), if we uncritically favor graduates of their elite counterparts.  In the context of grad and professional school admissions, we should bear in mind that it is often the graduates of public institutions of higher education--where annual tuition may be just a couple thousand dollars, in contrast to an elite school's $50,000--who most need the boost grad or professional school would confer in terms of class mobility.  Further, while the tendency may be to see state school grads as lacking vision and ambition, we could instead view them as models of prudence and sound financial judgment.  Particularly when a student is from a lower socioeconomic stratum and/or is first generation to get to college, s/he may have grown up with enormous financial insecurity.  We should appreciate the courage and drive it has taken for him/her to make the investment of time and money just to get that degree, to take that initial step up the mobility ladder.  We should appreciate this even more, of course, if the student has performed well.  Expecting such students to have the added "confidence" to have spent tens (even hundreds) of thousands of extra dollars to get a degree from an elite institution--and to judge the student unfavorably against those who have--overlooks critical context and invites folly.

Cross-posted at SALTLaw.Blog