‘We Are What We Work’

Orly Lobel, The New Cognitive Property: Human Capital Law and Reach of Intellectual Property, 93 Texas Law Review 789 (2015). Where does the employee end and the employer begin? In The New Cognitive Property, Orly Lobel confronts us with employers’ ever-expanding reach into the craniums of their employees, both past and present. The article continues Lobel’s groundbreaking work into the intersections between employment law, intellectual property, and what she terms ‘human capital law’. Employers are bringing new legal tools to bear against employees to keep their ideas within the firm and prevent them from using their talents outside their current workplace. And as her research makes clear, the costs may be borne not only by these workers, but by our society and its capacity to innovate …” (more)

[Matt Bodie, JOTWELL, 5 June]

First posted 2015-06-05 10:57:28

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