Professor Depoorter is the Max Radin Distinguished Professor University of California, Hastings College of the Law, EMLE coordinator at CASLE Ghent University, and Affiliate Scholar at Stanford Law School’s Center for Internet at Society. He is a frequent visiting professor at Berkeley Law, teaching in the LL.M.’s Professional Track.
Copyright law is one of his major areas of expertise, where Depoorter has investigated a variety of questions relating to enforcement of intellectual property law in the digital era, including whether and how fees-shifting can be used to align incentives between authors in way that promote creativity, how punitive approaches to copyright law adversely impact copyright social norms, and how automated enforcement measures create false positives.
Litigation theory is Depoorter’s other major area of expertise, where he has investigated the strategic pursuit of losing litigation by interest groups that seek to mobilize public and political support, examined the feedback effect of tort settlements on legal precedent, and described the shaping effect of legal uncertainty and court delay.
Recent publications include “When the Remedy is the Wrong: Statutory Damages in the Digital Age”, UCLA Law Review (2019); “The Upside of Losing”, “Fair Trespass”, Columbia Law Review (2014, 2011); “Using Fee Shifting to Promote Fair Use and Fair Licensing”, California Law Review (2015); “Copyright Backlash”, Southern California Law Review (2011); “Law in the Shadow Bargaining: The Feedback Effect of Civil Settlements”, Cornell Law Review (2010); “Technology & Uncertainty: The Shaping Effect on Copyright Law”, the University of Pennsylvania Law Review (2010), and “Liquidated Damages and Moral Hazard: An Experiment”, JITE (2016). His interdisciplinary work on anticommons property is widely cited in American law reviews and international peer-reviewed journals and was featured in a 2010 issue of the New Yorker.
Professor Ben Depoorter completed his studies at Yale Law School (2003, 2009) on a full scholarship from the BAEF. As an Oscar Cox and Olin Fellow at Yale, Depoorter served as an editor of the Yale J. Reg. He was a Santander Research Fellow at U.C. Berkeley and a recipient of a Fulbright scholarship.
Before becoming a law professor, Depoorter toured with his indierock band and released several LP records.
Yale Law School
J.S.D., Law 2011
Yale Law School
LL.M., Law 2003
Ph.D., Economics 2003
University of Hamburg
M.A., Law and Economics 1999
Ghent University, School of Law
J.D., Economic Law 1998
Appointed Distinguished Professor
U.C. Berkeley Law, P.LL.M Program 2016, 2017
Awarded by University of California, Hastings College of the Law
Inaugural Roger Traynor Research Chair
Awarded by UC Law SF College of the Law. 2012
Roger Traynor Scholarship Prize
Awarded by UC Law SF College of the Law. 2011
Oscar Cox Scholarship
Awarded by Yale Law School. 2003
National Science Grant
Awarded by Belgium's Federal Institute for Science. 2004
Olin Fellow in Law, Economics & Public Policy
Awarded by Yale Law School 2003
Belgian American Educational Foundation
Study grant for research in the United States
Copyright Enforcement in the Digital Age: When the Remedy is the Wrong
UCLA Law Review 2019
If You Build It, They Will Come: The Promises and Pitfalls of a Copyright Small Claims Process
Berkeley Technology Law Journal 2019
The Moral-Hazard Effect of Liquidated Damages: An Experiment on Contract Remedies
Journal of Institutional & Theoretical Economics 2017
Judge-Made Law and the Common Law Process
The Oxford Handbook of Law and Economics 2017
Copyright Alert Enforcement: Six Strikes and Privacy Harms
Columbia Journal of Law and the Arts 2015
Using Fee Shifting to Promote Fair Use and Fair Licensing
California Law Review 2014
The Upside of Losing
Columbia Law Review 2013
Technology and Uncertainty: The Shaping Effect on Copyright Law
University of Pennsylvania Law Review 2009