Yale Law School Tel.: (203) 432-6084
P.O. Box 208215 Fax: (203) 432-4871
New Haven, Connecticut 06520 E-mail: henry.smith@yale.edu
EDUCATION
Yale Law School, New Haven, Connecticut
J.D., June 1996
Grades: All Honors
Award: Benjamin Scharps Prize for best third-year paper
Activities: Articles Editor, Yale Law Journal
Student Director, Jerome N. Frank Legal Services Organization, 1995-96
Temporary Restraining Order Project, Fall 1993
Stanford University, Stanford, California
Ph.D., Linguistics 1992
A.M., German 1987
Harvard University, Cambridge, Massachusetts
A.B., German 1986 (3rd year graduation)
Honors: magna cum laude
Phi Beta Kappa
Activities: Editor, Crimson
EXPERIENCE
2002 - Yale Law School
Fred A. Johnson Professor of Property and Environmental Law, 2006-
Professor of Law (and of Cognitive Science, since 2005)
Courses: Property, Introduction to Intellectual Property, Patent Law, Natural Resources Law Seminar, Theories of Intellectual Property Seminar
Service: Budget Committee, Fall 2002, 2004-2005
Yale Law Journal Committee, Fall 2002
Appointments Committee, Spring 2004
Advisory Committee on Investor Responsibility, Spring 2004 -Summer 2005
Committee on Cooperative Research, 2004-2005
1997 - 2002 Northwestern University School of Law
Professor, 2001-2002
Associate Professor, 2000-2001
Assistant Professor, 1997-2000
Dean’s Teaching Award 1997-1998
Courses: Contracts, Federal Income Taxation, Property, Contract
Theory Seminar, Theories of Property Seminar
Service: Co-Chair, Judicial Clerkship Committee, 1997-1999
Faculty Advisory Committee, 1998-2000
Library & Technology Committee, 1998-2000
J.S.D. Policy Committee, Summer 1998-2000
Spring 2006 Harvard Law School
William K. Jacobs, Jr. Visiting Professor of Law
Course: Property
2001 - 2002 Yale Law School
Visiting Professor
Courses: Property, Federal Income Taxation, Theories of Property
Fall 2000 University of Chicago Law School
Visiting Professor
Courses: Natural Resources Law, Theories of Property
Fall 1999 University of Virginia School of Law
Scholar-in-Residence
1996 - 1997 Judge Ralph K. Winter, U.S. Court of Appeals, Second Circuit
Law Clerk
Spring 1996 Yale Law School
Research Assistant for Professor Robert C. Ellickson
Summer 1995 Covington & Burling, Washington, D.C.
Summer Associate
Summer 1994 Jerome N. Frank Legal Services Organization, Yale Law School
Law Student Intern
Yale Law School
Research Assistant for Professor James Q. Whitman
1992 - 1993 Indiana University, Germanic Studies, Bloomington, Indiana
Visiting Assistant Professor
Winter 1992 University of Chicago, Linguistics Department
Visiting Lecturer
OTHER AWARDS AND ACTIVITIES
2007- Co-Editor, Research Handbook on the Economics of Property Law, Elgar
2007, 2003 Referee, Stanford-Yale Junior Faculty Forum
2004- Journal of Law, Economics & Policy, Board of Advisors
2003 American Academy in Berlin
Berlin Prize Fellowship, January - May
2003 Referee, Stanford-Yale Junior Faculty Forum, June 6-7
2003 Area Organizer for Property, American Law and Economics Association Annual Meeting, Toronto, September 20-21
2001 Co-Organizer, Conference on the Evolution of Property Rights,
Northwestern University School of Law, April 21-22
2000 University of Southern California Law School
Scholar-in-Residence (September 11-15)
1999 - 2000 John M. Olin Foundation Faculty Fellowship
1989 Fulbright Scholar, University of Oslo, Oslo, Norway
1986 - 1990 University Fellow, Stanford University
PROFESSIONAL AFFILIATIONS
Illinois Bar
American Law and Economics Association
Linguistic Society of America
PUBLICATIONS
Law
Books
PROPERTY: PRINCIPLES AND POLICIES (with Thomas W. Merrill), Foundation Press, 2007
TEACHER'S MANUAL TO PROPERTY: PRINCIPLES AND POLICIES (with Thomas W. Merrill), Foundation Press, 2007
Articles
Intellectual Property as Property: Delineating Entitlements in Information, 116 YALE LAW JOURNAL 1742-1822 (2007)
Intellectual Property as Property: Delineating Entitlements in Information, 117 YALE L. J. POCKET PART 87 (2007), http://yalelawjournal.org/2007/10/10/smith.html
The Morality of Property, 48 WILLIAM AND MARY LAW REVIEW 1849-95 (2007)
Modularity in Contracts: Boilerplate and Information Flow, 104 UNIVERSITY OF MICHIGAN LAW REVIEW 1175 (2006)
Self-Help and the Nature of Property, 1 JOURNAL OF LAW, ECONOMICS & POLICY 69- 107 (2005)
Governing the Tele-Semicommons, 22 YALE JOURNAL ON REGULATION 289-314 (2005)
Property and Property Rules, NEW YORK UNIVERSITY LAW REVIEW 1719-98 (2004)
Exclusion and Property Rules in the Law of Nuisance, 90 VIRGINIA LAW REVIEW 965-1049 (2004)
The Language of Property: Form, Context, and Audience, 55 STANFORD LAW REVIEW 1105-91 (2003)
Exclusion versus Governance: Two Strategies for Delineating Property Rights, 31 JOURNAL OF LEGAL STUDIES S453-87 (2002)
Structured Settlements as Structures of Rights, 88 VIRGINIA LAW REVIEW 1953-74 (2002)
What Happened to Property in Law and Economics?, 111 YALE LAW JOURNAL 357-98 (2001) (with Thomas W. Merrill)
The Property/Contract Interface, 101 COLUMBIA LAW REVIEW 773-852 (2001) (with Thomas W. Merrill)
Optimal Standardization in the Law of Property: The Numerus Clausus Principle, 110 YALE LAW JOURNAL 1-70 (2000) (with Thomas W. Merrill)
Ambiguous Quality Changes from Taxes and Legal Rules, 67 UNIVERSITY OF CHICAGO LAW REVIEW 647-723 (2000)
Semicommon Property Rights and Scattering in the Open Fields, 29 JOURNAL OF LEGAL STUDIES 131-69 (2000)
Intermediate Filing in Household Taxation, 72 SOUTHERN CALIFORNIA LAW REVIEW 145-245 (1998)
The Harm in Blackmail, 92 NORTHWESTERN UNIVERSITY LAW REVIEW 861-915 (1998)
The Modern Privilege: Its Nineteenth-Century Origins, in R.H. HELMHOLZ ET AL., THE PRIVILEGE AGAINST SELF-INCRIMINATION: ITS ORIGINS AND DEVELOPMENT (Chicago: University of Chicago Press 1997)
In Draft:
Governing Water: The Semicommons of Fluid Property Rights
Community and Custom in Property
Property: Rules in Intellectual Property
Linguistics
Book
RESTRICTIVENESS IN CASE THEORY (Cambridge: Cambridge University Press 1996)
Articles
“Dative Sickness” in Icelandic, 12 NAT. LANG. & LING. THEORY 675-736 (1994)
Linking Changes in Icelandic, in HISTORICAL LINGUISTICS 1989 (Philadelphia: John Benjamins 1993)
Arguments From Language Change, 29 J. LING. 431-47 (1993), with Elizabeth Closs Traugott
Brevity in Panini, 20 J. INDIAN PHILOSOPHY 133-47 (1992)
Dative Sickness and Abstractness in Icelandic, in ON GERMANIC LINGUISTICS: ISSUES AND METHODS (Irmengard Rauch, Gerald F. Carr, & Robert L. Kyes, eds.; Berlin: Mouton de Gruyter 1992)
PRESENTATIONS
Governing Water: The Semicommons of Fluid Property Rights, Symposium on Property Rights in Environmental Assets: Economic and Legal Perspectives, University of Arizona James E. Rogers College of Law, October 2007
Intellectual Property as Property: Delineating Entitlements in Information, International Society for New Institutional Economics Conference, University of Reykjavik, June 2007; University of Oslo Faculty of Law Research Group for Natural Resources, Energy, Environmental and Property Law, June 2007; George Mason University School of Law, Robert A. Levy Fellows Workshop in Law & Liberty, February 2007; Fordham University School of Law, Faculty Workshop, February 2007
Property: Principles and Policies, University of Oslo Faculty of Law, June 2007
The Morality of Property (with Thomas W. Merrill), University of Oslo Faculty of Law, June 2007; Conference on Law and Morality, William and Mary School of Law, March 2006
Two Conceptions of Property in Law and Economics, Seoul National University College of Law, May 2006
Modularity in Intellectual Property, Korean Intellectual Property Association, May 2006; Boston University School of Law, Faculty Workshop, March 2006; Harvard Law School, Faculty Workshop, February 2006; New York University School of Law, Law and Economics Workshop, February 2006; Conference on Commercializing Innovation, Washington University in Saint Louis School of Law, November 2005
Modularity in Contracts: Boilerplate and Information Flow, American Law and Economics Association Annual Meeting, May 2006; University of California Berkeley Boalt Hall School of Law, January 2006; Northwestern Law School Law and Economics Workshop, October 2005; Columbia Law School Law and Economics Workshop, October 2005; Conference on “Boilerplate”: Foundations of Market Contracts, University of Michigan Law School, September 2005
Modularity in Intellectual Property, Boston University School of Law Faculty Workshop, March 2006; Harvard Law School Faculty Workshop, February 2006; New York University School of Law, Law and Economics Workshop, February 2006; Conference on Commercializing Innovation, Washington University School of Law
Law and Morality, Conference on Law and Morality, William and Mary Law School, March 2006
What Happened to Property in Law and Economics?, University of Tokyo Law School, June 2005
Self-Help and the Nature of Property, University of Tokyo Law School, May 2005; American Law and Economics Annual Meeting, May 2005; Dartmouth College, Economics Department, November 2004; Conference on Property Rights on the Frontier: The Economics of Self-Help and Self-Defense in Cyberspace, George Mason University School of Law, September 2004.
Governing the Tele-Semicommons, Manhattan Institute Conference on Avoiding a Tragedy of the Telecommons, May 2004
Measurement and Exclusion in Intellectual Property Law, American Law and Economics Association, October 2003; University of Virginia School of Law, Intellectual Property Workshop, February 2004
Property and Property Rules, American Law and Economics Association, May 2004; Harvard Law School, Law and Economics Workshop. March 2004; University of Virginia School of Law, Faculty Workshop, February 2004; Chicago-Kent College of Law, Faculty Workshop, October 2003
The Language of Property, University of Toronto, Law and Economics Workshop, October 2002; Ohio State University College of Law, Faculty Workshop, September 2002; University of Pennsylvania Law School, Law and Economics Workshop, April 2002; University of Michigan Law School, Faculty Workshop, March 2002; Boston University Law and Economics Seminar, March 2002; Yale Law School, Faculty Workshop, October 2001; University of Chicago Law School, Faculty Workshop, August 2001
Two Dimensions of Property Rights, Western Economic Association, July 2001; American Law and Economics Association, May 2001; Conference on the Evolution of Property Rights, Northwestern University School of Law, April 2001; George Mason University School of Law, Faculty Workshop, April 2001; University of Chicago Law School, Faculty Workshop, October 2000; University of Southern California Law School, Faculty Workshop, September 2000; University of Illinois at Urbana-Champaign, Department of Economics, Institutions, Law, and the Social Sciences Workshop, August 2000
The Property/Contract Interface, University of Michigan, Law and Economics Workshop, March 2001
Ambiguous Quality Changes from Taxes and Legal Rules, American Law and Economics Association, May 2000; Georgetown Law School Law and Economics Workshop, February 2000; University of Virginia School of Law, Faculty Workshop, November 1999; Harvard Law School Seminar on Current Research in Taxation, Woodstock, Vermont, August 1999
Optimal Standardization in the Law of Property: The Numerus Clausus Principle (with Thomas W. Merrill), American Law and Economics Association, May 2000
The Numerus Clausus Principle and the Property/Contract Interface (with Thomas W. Merrill), Northwestern University School of Law, Faculty Workshop, February 2000
Contracting for Semi-Common Property Rights, Northwestern University Department of Economics, Workshop in Economic History, March 2000; American Law and Economics Association, May 1999; Northwestern University School of Law, Faculty Workshop, February 1999