Professor C. Scott Hemphill
C. Scott Hemphill is a Professor of Law and a nationally recognized scholar on antitrust law and intellectual property. From 2011 to 2012, Professor Hemphill served as Chief of the Antitrust Bureau in the Office of the New York State Attorney General. His work examines the legal balance between innovation and competition. Hemphill’s recent research includes key issues such as:
Can out-of-court settlements in pharmaceutical patent cases hurt the public interest? Hemphill has examined whether “pay-for-delay” cases, in which drug manufacturers who hold patents pay other companies to delay production of generic drugs, are bad for consumers. Read more about this work, and Hemphill’s Congressional testimony on drug patents and competition.
Should there be stronger copyright protection for fashion designers? With his co-author, Harvard Law School professor Jeannie Suk, Hemphill has proposed the “squint test” to determine whether a fashion knockoff should be prohibited: “If you have to squint to see the difference between a copy and the original, something is wrong, and copyright protection should kick in.” Read their articles on this problem in Slate and The Wall Street Journal.
He has also written about the competitive implications of regulating broadband Internet access and on appellate jurisdiction for intellectual property cases. In his work, Hemphill has collaborated with a number of scholars, such as Mark Lemley, the William H. Neukom Professor of Law at Stanford Law School; Bhaven Sampat, assistant professor at Columbia's Mailman School of Public Health; and Tim Wu, Professor of Law at Columbia Law School.
Before joining the Columbia Law School faculty in 2006, Hemphill served as a law clerk to Judge Richard Posner of the U.S. Court of Appeals for the 7th Circuit, and to Justice Antonin Scalia of the U.S. Supreme Court. He holds both a Ph.D. in economics from Stanford University and a J.D. from Stanford Law School, where he graduated first in his class. He is a graduate of Harvard and the London School of Economics, where he studied as a Fulbright Scholar. His writing has appeared in the law reviews of Columbia, New York University, Stanford, and Yale, among other publications.
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