Joseph Scott Miller
Associate Professor of Law
Publications

SSRN Authors Page

Works Published As Part of a Collection

Level of Skill and Long-felt Need: Notes on a Forgotten Future, 12 LEWIS & CLARK LAW REVIEW (forthcoming 2008).

Remixing Obviousness, 16 TEXAS INTELLECTUAL PROPERTY LAW JOURNAL (forthcoming 2007).

Standard Setting, Patents, and Access Lock-in: RAND Licensing and the Theory of the Firm, 40 INDIANA LAW REVIEW 351 (2007).

Patent Ships Sail an Antitrust Sea, 30 SEATTLE UNIVERSITY LAW REVIEW 395 (2007).

Nonobviousness: Looking Back and Looking Ahead, in 2 INTELLECTUAL PROPERTY & INFORMATION WEALTH: ISSUES & PRACTICES IN THE DIGITAL AGE 1 (Peter Yu, ed., 2007).

Forward: Why Open Access to Scholarship Matters, 10 LEWIS & CLARK LAW REVIEW 733 (2006).

Enhancing Patent Disclosure for Faithful Claim Construction, 9 LEWIS & CLARK LAW REVIEW 177 (2005).

The Proven Key: Roles & Rules for Dictionaries in the Patent Office & the Courts, 54 AMERICAN UNIVERSITY LAW REVIEW 829 (2005)(co-authored with James A. Hilsenteger).

Building a Better Bounty: Litigation-Stage Rewards for Defeating Patents, 19 BERKELEY TECHNOLOGY LAW JOURNAL 667 (2004).

This Bitter Has Some Sweet: Potential Antitrust Enforcement Benefits from Patent Law's Procedural Rules , 70 ANTITRUST LAW JOURNAL 875 (2003).

Allchin’s Folly: Exploding Some Myths About Open Source Software, 20 CARDOZO ARTS & ENTERTAINMENT LAW JOURNAL 491 (2002).

The Historical Roots of Patent Prosecution Laches, OREGON INTELLECTUAL PROPERTY NEWSLETTER, Spring 2002, at 8.

The Expert as Educator, in EXPERT WITNESSES IN CHILD ABUSE CASES (Ceci & Hembrooke eds., 1998) (with Ronald J. Allen).

Muddy Waters: Infringement Analysis After Markman and Warner-Jenkinson, 7 FEDERAL CIRCUIT BAR JOURNAL 227 (1997) (with Clyde F. Willian).

The Expert as Educator: Enhancing the Rationality of Verdicts in Child Sex Abuse Prosecutions, 1 PSYCHOLOGY, PUBLIC POLICY, & LAW 323 (1995) (with Ronald J. Allen).

The Common Law Theory of Experts: Deference or Education?, 87 NORTHWESTERN UNIVERSITY LAW REVIEW 1131 (1993) (with Ronald J. Allen).