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Oliver R. Goodenough

Professor of Law

JD, University of Pennsylvania, 1978;
BA, Harvard University, 1975

Phone: (802) 831-1231
Email: ogoodenough@vermontlaw.edu

Publications

Book and Chapters

Digital Firm Formation, in Rules for Growth, Promoting Innovation and Growth

Through Legal Reform, The Kauffman Task Force on Law, Innovation, and Growth (Ewing Marion Kauffman Foundation, 2011), pp 367-380, available at: http://www.kauffman.org/uploadedfiles/Rules-for-Growth.pdf  

 Law, Mind and Brain, Michael Freeman and Oliver R. Goodenough, eds. (London, Ashgate, 2009), includes co-authored chapter Why Do Good People Steal Intellectual Property? (with Gregory Decker).

Neuroscientific Developments as a Legal Challenge, in Le Neuroscienze e il Diritto, Amedeo Santosuosso, ed. (Como-Pavia, Ibis, 2009) (Proceedings of Le neuroscienze e il diritto, sponsored by Centro di Ricerca Interdipartimentale, Universita degli Studi di Pavia and the Core d'Appello di Milan, Palazzo di giustizia di Milano, Milan, Italy, December, 19, 2008)

Values, Mechanism Design, and Fairness, in Paul J. Zak ed., Moral Markets: The Critical Role of Values in the Economy, pp. 228- 255 (Princeton, Princeton University Press, 2008) available at: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=933012

 Preface: Is Free Enterprise Values in Action? (With Monika Gruter Cheney), in Paul J. Zak ed., Moral Markets: The Critical Role of Values in the Economy (Princeton, Princeton University Press, 2008), available at: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=940432

Can Cognitive Neuroscience Make Psychology a Foundational Discipline for the Study of Law? in Belinda Brooks-Gordon and Michael Freeman, eds., Law and Psychology, Current Legal Issues Vol. 9 , pp. 77-92 (Oxford, Oxford University Press. 2006)

Law and the Brain, with Semir Zeki (eds.), and co-author of 3 chapters (Oxford, Oxford University Press, 2006)

This Business of Television, 3rd Ed., with Howard Blumenthal (Billboard Books, New York, 2006)

With Semir Zeki, Law and the Brain (Oxford University Press 2006).

Information Replication in Culture: Three Modes for the Transmission of Culture

Elements through Observed Action, in K. Dautenhahn and C. L. Nehaniv, (Eds.), Imitation in Animals and Artifacts (MIT Press, 2002).

Law and the Biology of Commitment, in Randolph Nesse, ed., Evolution and the Capacity for Commitment (Russel Sage, 2002).

"Information Replication in Culture: Three Modes for the Transmission of Culture Elements through Observed Action," in Imitation in Animals and Artifacts 573 (M.I.T. Press 2002).

"Law and the Biology of Commitment," in Evolution and the Capacity For Commitment (Randolph Nesse ed., 2002).

"Law and the Architecture of Human Intelligence," in Bausteine zu einer Verhaltungstheorie des Rechts (Haft, Fritjof et al. eds., 2001).

Law and the Architecture of Human Intelligence
, in Haft, Fritjof et al. eds., Bausteine zu einer Verhaltungstheorie des Rechts (Nomos, 2001)

The Nature of Business: Bringing the Insights of Biologically Informed Behavioral Science to Business and the Law, in Frolik, Lawrence A, ed., Law and Evolutionary Biology: Selected Essays in Honor of Margaret Gruter on Her 80th Birthday, (Portola Valley CA, Gruter Institute, 1999).

Information Replication in Culture: Three Modes for the Transmission of Culture Elements Through Observed Action, Proceedings of the AISB'99 Symposium on Imitation in Animals and Artifacts (Sussex, The Society for the Study of Artificial Intelligence and the Simulation of Behavior, 1999)

This Business of Television, 2nd ed., with Howard Blumenthal (New York, Billboard Books, 1998)

Privacy and Publicity: Society, Doctrine, and the Development of Law (London, The Intellectual Property Institute, 1996) 

"Cultural Replication Theory and Law," in The Gruter Institute Working Papers on Law 1, Economics, and Evolutionary Biology (Berkeley Electronic Press).

Privacy and Publicity: Society, Doctrine and the Development of Law (The Intellectual Property Institute, 1996).

This Business of Television, with Howard Blumenthal (New York, Billboard Books, 1991)

 

 

 

 

Articles

Neuroscience Basics for Lawyers, with Micaela Tucker, Mercer Law Review, Vol. 62: 945-958 (2011)

Brain Sciences in the Courtroom, a symposium report, Mercer Law Review, Vol. 62: 769-836 ( 2011)

Law and Cognitive Neuroscience, with Micaela Tucker, Annual Review of Law and Social Science, Vol. 6: 61-92 (2010), available at: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1708374

Institutions, Emotions, and Law: A Goldilocks Problem for Mechanism Design, Vermont Law Review, Vol. 33, pp. 395 - 404 (2009), available at: http://lawreview.vermontlaw.edu/articles/3/11%20Goodenough%20Book%203,%20Vol.%2033.pdf

Individual differences in moral judgment competence influence neural correlates of socio-normative judgments. With Prehn K, Wartenburger I, Mériau K, Scheibe C, Goodenough OR, Villringer A, van der Meer E, and Heekeren HR, Social cognitive and affective neuroscience 3(1):33-46, (2008), available at: http://scan.oxfordjournals.org/content/3/1/33.full

Cultural Replication Theory in Law: Proximate Mechanisms Make a Difference, Vermont Law Review, Vol. 30, No. 4, pp. 989-1005 (2006), available at: http://www.vermontlawreview.org/articles/v30/4/goodenough.pdf  

Roundtable Discussion: Must We Choose Between Rationality and Irrationality?, Moderator, Clare Hill, Chi. Kent L. Rev., Vol. 80, No. 3, pp. 1257-1284 (2005), available at: http://www.cklawreview.com/wp-content/uploads/vol80no3/Roundtable.pdf

Un modello neuroscientifico del giudizio normativo nel diritto e nella giustizia, (with Kristin Prehn) in: http://www.i-lex.it/rivista/2/goodenough.pdf, tit. orig.: A neuroscientific approach to normative judgment in law and justice, in: Phil. Trans. Roy. Soc. Lond., B359, 2004, pp.1709-1726.

A Neuroscientific Approach to Normative Judgment in Law and Justice, (with Kristin Prehn) Philosophical Transactions of the Royal Society B, Biological Sciences, Vol. 359, No. 1451, P. 1709-1726 (2004), available at http://rstb.royalsocietypublishing.org/content/359/1451/1709.full.pdf+html

Law and the Brain - An Introduction, (with Semir Zeki) Philosophical Transactions of the Royal Society B, Biological Sciences, Vol. 359, No. 1451, P.1661-1665 (2004), available at http://rstb.royalsocietypublishing.org/content/359/1451/1709.full.pdf+html

Responsibility and Punishment - Whose Mind? A Response, Philosophical Transactions of the Royal Society B, Biological Sciences, Vol. 359, No. 1451, P. 1805-1809 (2004), available at http://rstb.royalsocietypublishing.org/content/359/1451/1805.full.pdf+html  

Culture and Audiovisual Programming: Too Important for Excessive Protection, Medialex, Vol. 2, No. 3, P. 81-82 (2003)  

Comments, Symposium, International Telecommunications Law in the Post-Deregulatory Landscape, Co-Sponsored with the Brooklyn Law School Center for the Study of International Business Law Panel III: International Trade In Media Products, Brooklyn Journal of International Law, Vol. 27, P. 1003-28 (2002) (comment included in a full report of panel discussions), available at: http://www.brooklaw.edu/~/media/PDF/LawJournals/BJI_PDF/bji_vol27iii.ashx

The Future of Intellectual Property: Broadening the Sense of "Ought", European Intellectual Property Review, Vol. 24, No. 6, P. 291-293. (2002)

Cortical regions associated with the sense of justice and with legal rules, Schultz, J., Goodenough, O.R., Frackowiak, R. & Frith, C.D., NeuroImage, Vol. 13, P. S 473 (2001).

Mapping Cortical Areas Associated with Legal Reasoning and Moral Intuition, 41 Jurimetrics J. Vol. 41, P. 429-442 (2001).

Defending the Imaginary to the Death?, Free Trade, National Identity, and Canada's Cultural Preoccupation, Arizona Journal of International and Comparative Law, Vol. 15, No. 1, P.203 (1998)

Biology, Behavior, and Criminal Law: Seeking a Responsible Approach to an Inevitable Interchange, Vermont Law Review, Vol.22, No. 2, P. 263 (1997)

Retheorizing Privacy and Publicity, Intellectual Property Quarterly, Launch Issue,

P. 37 (1997)

Go Fish: Evaluating the Restatement's Formulation of the Law of Publicity, South Carolina Law Review, Vol. 47, No. 4, P.709 (1996)

Replication and the Evolution of Culture, Anthropology Newsletter, Vol. 37, No. 1, P. 10 (1996)

Mind Viruses: Culture, Evolution and the Puzzle of Altruism, Social Science Information, Vol. 34, No. 2, P. 287 (1995)

The 'St Jude' mind virus," with Richard Dawkins, Nature, Vol. 371, No. 6492, P. 23, (September 1, 1994)

Pointillism, Copyright and the Droit d'Auteur: Time to See a Bigger Picture, Entertainment Law Review, Vol. 5, No. 2, P. 35 (1994)

A Right of Privacy in the United Kingdom: Why not the Courts? European Intellectual Property Review, Vol. 15, No. 7, P.227 (1993)

Television via Telephone Lines: Regulation and the Fibre Optic Revolution in the United States, Entertainment Law Review, Vol. 3, No. 3 (1992)

The Price of Fame: The Development of the U.S. Right of Publicity, European Intellectual Property Review, Vol. 14, Nos. 2 & 3, P. 55 & 90 (1992)

Avoiding Legal Trouble in Preparing Docudramas, New York Law Journal, November 24, 1989

Colorization, Gannet Center Journal, Vol. 3, No. 3, P. 109 (1989)

Selected Op-Eds and Other Short Writings

When Taxes Are Good for Us, Huffington Post, April 15, 2011, available at

http://www.huffingtonpost.com/oliver-r-goodenough/when-taxes-are-good-for-u_b_849849.html

Running Web-Based Businesses Entirely Through Internet Communication, with Zeba Khan, Huffington Post, July 12, 2010, available at http://www.huffingtonpost.com/oliver-r-goodenough/running-web-based-busines_b_643232.html

Lessons on the surge from economics 101. Rutland Herald, September 12, 2007, available at http://mildlybrilliant.blogspot.com/2007/09/lessons-on-surge-from-economics-101.html  

The Future of Intellectual Property: Broadening the Sense of "Ought", 24 Eur. Intell. Prop. Rev. 291 (2002).

Mapping Cortical Areas Associated with Legal Reasoning and Moral Intuition, 41 Jurimetrics J. 429 (2001).

Defending the Imaginary to the Death?, Free Trade, National Identity, and Canada's Cultural Preoccupation, 15 Ariz. J. Int'l & Comp. L. 203 (1998).

Biology, Behavior, and Criminal Law: Seeking a Responsible Approach to an Inevitable Interchange, 22 Vt. L. Rev. 263 (1997).

Retheorizing Privacy and Publicity, 1 Intell. Prop. Q. 37 (1997).

Go Fish: Evaluating the Restatement's Formulation of the Law of Publicity, 47 S.C. L. Rev. 709 (1996).

Replication and the Evolution of Culture, 37 Anthropology 10 (1996).

Mind Viruses: Culture, Evolution and the Puzzle of Altruism, 34 Soc. Sci. Info. 287 (1995).

With Richard Dawkins, The 'St Jude' Mind Virus, Nature, Sept. 1, 1994, at 23.

Pointillism, Copyright and the Droit d'Auteur: Time to See a Bigger Picture, 5 Ent. L. Rev. 35 (1994).

A Right of Privacy in the United Kingdom: Why Not the Courts?, 15 Eur. Intell. Prop. Rev. 227 (1993).

The Price of Fame: The Development of the U S Right of Publicity, 14 Eur. Intell. Prop. Rev. 55 (1992).

Television via Telephone Lines: Regulation and the Fiber Optic Revolution in the United States, 3 Ent. L. Rev. (1992).

Colorization, 3 Gannet Center J. 109 (1989).

Avoiding Legal Trouble in Preparing Docudramas, N.Y. L.J., Nov. 24, 1989.

Other

Selected Presentations and Conferences

"Strategic Mechanisms, Functional Modeling, and Experimental Design for Neurolaw and Property," 3rd Annual Property and Psychology Roundtable Workshop, Syracuse University College of Law, June 16, 2011

"Creating and Consuming Scholarship in the Age of Information Overload," Annual Meeting of the Society for Scholarly Publishing, Boston, June 2, 2011

"Fostering Innovation and Entrepreneurship: Multiple Stages, Multiple Challenges" at Innovation and Economic Growth: Exploring the Origins and Effects of Innovative Behavior, Gruter Institute Annual Conference, Squaw Valley, CA, May 25-27, 2011

"Fostering Innovation and Entrepreneurship: an MEM Specialty," MEM Reunion Weekend Talk,Thayer School of Engineering, Dartmouth College, May 7, 2011, available at http://www.youtube.com/watch?v=swKAzQyT5xU

"Introduction to Neuroscience and its Application to Law," Mississippi Trial & Appellate Judges Spring Conference, Jackson Marriott - Jackson, MS April 28, 2011

"Cloud Computing Presents Hard Problems" a panel presentation at NIST Cloud Computing Forum & Workshop III, Gaithrsburg, MD, April 7, 2011, available at http://www.ebmcdn.net/niststream/flash/Cloud11/cloud11-playlist.html at minute 34:55.

Participant and discussion leader, Educating the Digital Lawyer, A workshop hosted by The Columbia Law School Lawyering in the Digital Age Clinic, Jerome Greene Annex and Faculty House, New York, New York, April 14, 2011

Presenter of "Neuroscience and the Ethics of Legal Practice" and panel moderator of "Neuroscience and Decision Making" and "Brains, Behavior and Addiction: Culpability and Punishment," at Law and the Brain, a conference of Public Information Resources, Inc., New York, New York, March 16, 2011

"A Decade of Neurolaw - Where Has it Brought Us?" at the 12th Scholarship Conference of The Society for Evolutionary Analysis in Law, Loyola Law School, Los Angeles, California, February 11, 2011

Panelist, "Synthetic Biology Meets the Law," Program of the Biolaw Section, 2011 Annual Meeting of the Association of American Law Schools, San Francisco, California, January 5, 2011.

"A Decade of Neurolaw - Where Has it Brought Us?", at The Brain Sciences in the Courtroom, a Symposium of the Mercer Law Review, the Walter F. George School of Law, Mercer University, Mercer, Georgia, October 22, 2010

"Financial Reform and Innovation" at Governance as an Open Platform, hosted by the Berkman Center for Internet & Society's Law Lab, in collaboration with O'Reilly Media, Inc., Washington, D.C., September 8-9, 2010

"Digital Incorporation: Firm Formation in the Virtual World" at the Kauffman Summer Legal Institute, Dana Point, California, July 9, 2010

Co-Organizer and presenter at Seminar on Neuroscience & Criminal Behavior for Chief U.S. Probation and Pretrial Services Officers and Substance Abuse/Mental Health Specialists, presented by the Gruter Institute for Law and Behavioral Research and the Federal Judicial Center, Philadelphia, PA, June 12-13 2010

Organizer and presenter at a Workshop on Neuroscience and Law, a training session for the New Hampshire U.S. Attorneys office,, cosponsored by the Gruter Institute for Law and Behavioral Research, the MacArthur Law and Neuroscience Project, and the Dartmouth College Ethics Institute, Hanover, New Hampshire, May 19, 2010.

"The Future of Law in a Digital Age," A Presentation for Law Day 2010, Hanscom Air Force Base, Concord, Massachusetts, April 30, 2010

"Evolutionary and Neuroscientific Approaches to Law: Games, Brains and Mechanism Design," at Evolutionary Approaches to Comparative Law: Integrating Theoretical Perspectives, Joint Expert Seminar, sponsored by the Ghent University Department of Legal Theory and Legal History and the Tilburg University Institute of Comparative and Transnational Law, Ghent, Belgium, April 23-24, 2010

Co-Organizer and presenter of "Reflections on the Use of Biology in the Study of Cooperation" at Moral Biology, hosted by the Petrie-Flom Center for Health Law Policy, Biotechnology, and Bioethics, at Harvard Law School, in collaboration with the University-Wide Program on Ethics and Health, The Project on Law and Mind Sciences, the Harvard Provost's Office, the MacArthur Law and Neuroscience Project and the Gruter Institute for Law and Behavioral Research, Harvard Law School, Cambridge, Massachusetts, April 15-16, 2010

"Strategic Mechanisms, Functional Modeling and Experimental Design in Neurolaw" an ESI/IFREE Lecture, Economic Science Institute, Chapman University, Orange, California, February 19, 2010

"Future of Venture Finance: Reflections on Short-Term Fixes and a Possible Full-Scale Redesign," at The Future of Venture Finance, a conference organized by the Ewing Marion Kauffman Foundation, Coconut Grove, Florida, January 14-15, 2010

"Strategic Mechanisms, Functional Modeling and Experimental Design in Neurolaw" at CELS 2009, 4th Annual Conference on Empirical Legal Studies, UCLA School of Law, Los Angeles, CA, November 20, 2009

"Cloud Law, Finance 3.0, and Digital Institutions" with John Clippinger at the Berkman Center for Internet & Society, October 5, 2009, available at http://cyber.law.harvard.edu/interactive/events/luncheons/2009/10/lawlab

Co-Organizer and presenter of Introduction to Neuroscience and Law, at Law, Neuroscience and Mental Health, a Legislative Workshop, co sponsored by the Vermont Law School and the University of Vermont, South Royalton, Vermont, October 2, 2009

"If Hume Knew Neuroscience: A Functional Explanation for the Apparent Separation of 'Is' and 'Ought'," at Current Legal Issues Colloquium: Law & Neuroscience, University College London, July 6, 2009

"Fact Finding: Designing a Judicial Training Program - Bias, Eyewitness Testimony, and Neuroscience," presented with Sandra Oxner, Commonwealth Judicial Education Institute, Dalhousie University, Halifax, Nova Scotia, June 18, 2009

Co-Organizer and presenter, Seminar on Law and Neuroscience, co-sponsored by the Gruter Institute for Law and Behavioral Research, the National Judicial College, and the Vanderbilt University Law School, a MacArthur Project Outreach Program, Nashville, Tennessee, June 18-19, 2009

Co-Organizer and session chair, Context and the Evolution of Mechanisms for Solving Collective Action, at the Workshop in Political Theory and Policy Analysis, Indiana University, Bloomington, Indiana, April 30 - May 3, 2009

Co-Organizer, moderator, and presenter at Neuroscience for Federal Judges" a Law and Neuroscience Project Education and Outreach Program event co-sponsored by the Federal Judicial Center, Stanford Law School, Palo Alto, California, June 5-6, 2008, ,

Information Replication in Culture: Three Modes for the Transmission of Culture Elements Through Observed Action, Proceedings of the Aisb ‘99 Symposium on Imitation in Animals and Artifacts (Sussex, The Society for the Study of Artificial Intelligence and the Simulation of Behavior, 1999).