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Lea Bishop
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Ending Childhood Book Hunger
Professor Lea Bishop is a dedicated scholar-advocate for promoting the human right to read. Her work encompasses both conceptual and pragmatic approaches to advancing this right. Conceptually, she has developed a comprehensive theory of the right to science and culture, which has gained recognition and adoption within the United Nations. By establishing the theoretical foundation, she has helped shape global discussions and policies surrounding the importance of access to knowledge and information.
Pragmatically, Professor Bishop has put forth a visionary proposal known as the "Ending Book Hunger by 2030" global plan. This ambitious initiative aims to eradicate the barriers that hinder individuals from accessing books and reading materials by the year 2030. By addressing issues such as unequal distribution, affordability, and accessibility, Professor Bishop's plan seeks to create a world where everyone has equal opportunities to satisfy their thirst for knowledge.
In addition to her conceptual and pragmatic endeavors, Professor Bishop has shown an innovative approach by exploring the impact of ChatGPT, an advanced language model, on the right to read. By investigating the potential benefits and challenges of AI technologies like ChatGPT in relation to literacy and access to information, she has shed light on the evolving landscape of reading rights and the transformative role of technology. Her research contributes to the ongoing conversation on how emerging technologies can be harnessed to empower individuals and expand access to educational resources globally.
Professor Bishop's work on increasing the global population's access to knowledge to create a more inclusive and literate world is another excellent example of how IUPUI's faculty members are TRANSLATING their RESEARCH INTO PRACTICE.
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Item Egypt's Obligation to Respect, Protect and Fulfill the Right to Access to Knowledge, Science, Art and Culture (ICESCR Article 15)(2013-05-14) Shaver, Lea; Caparas, Perfecto "Boyet"Submitted to the United Nations Committee on Economic, Social and Cultural Rights, Pre-Sessional Working Group 51st Session, 21-24 May 2013, Geneva Switzerland, by the Indiana University Robert H. McKinney School of Law Pro Bono UN Human Rights Reporting Program. Team Members: Eslah Salah Alkathiri, LL.M. candidate; Dr. Mohamed Arafa, S.J.D.; J. Michael Blackwell, J.D. candidate; Ritu Chokshi, J.D. candidate; Sherif Mohamed Mansour, J.D. candidate; Deyana Fatme Unis, J.D. candidate; Qifan Wang, J.D. candidate. Faculty Advisers: Professor Lea Shaver, J.D. and Dr. Ian McIntosh, Ph.D. Founder, Head & Trainer: Perfecto `Boyet´ Caparas, A.B., LL.B., LL.M. American Law, LL.M. Human Rights (Honors); Graduate Studies Program Manager, Indiana University Robert H. McKinney School of Law, 530 W. New York Street, Indianapolis, Indiana USA. This human rights report includes the book titled Access to Knowledge in Egypt - New Research on Intellectual Property, Innovation and Development, edited by Nagla Rizk and Lea Shaver, Bloomsbury Academic, (CC) 2010 by Nagla Rizk, Lea Shaver and the contributors.Item Illuminating Innovation: From Patent Racing to Patent War(Washington & Lee Law Review, 2012) Shaver, LeaPatent law assumes that stronger protection promotes innovation, yet empirical evidence to test this “innovation hypothesis” is lacking. This Article argues that historical case studies hold unique promise to provide an empirical foundation for modern patent policy. Specifically, this Article uses the history of patents surrounding the light bulb to examine a recently articulated theory of “patent racing” as a justification for patent protection. Thomas Edison’s experience confirms that Mark Lemley’s racing model has substantial descriptive merit. Yet this case study also reveals the limits of the patent racing model. Looking past the initial finish line of patent filings to later litigation, the competition looks less like a race and more like a war. The Article then proposes a new model of “patent warfare” resembling the board game Risk. In the game, competing parties assemble strategic assets, then turn to battle their rivals for world domination. Similarly, innovative technology companies assemble patent portfolios—initially for defensive purposes in the context of a dynamic and competitive field. As an industry matures, however, dominant players convert their shields into weapons to eliminate their competition. Just as nineteenth-century companies in the early electrical industry battled to control the light bulb, a new patent war is now emerging to control the smartphone. This anticompetitive endgame diminished next-generation innovation in electric light and now threatens the future of innovation in mobile computing. A new appreciation of patent warfare should prompt increased skepticism of the “innovation assumption” at the heart of patent law. Patent protection clearly provides short-term benefits to innovation, but it also produces unanticipated longterm costs to competition and next-generation innovation. Further empirical research is needed to ascertain whether the benefits outweigh the costs or vice versa and what tweaks to the patent system might allow us to continue to capture the benefits while lowering the costs. In this continued effort, historical case studies will prove particularly helpful because they permit insight into the complex workings of patent law on an industry over a longer time horizon, revealing not only the short-term benefits but also the long-term costs.Item Defining and Measuring A2K: A Blueprint for an Index of Access to Knowledge(I/S: A Journal of Law and Policy for the Information Society, 2008) Shaver, LeaAccess to knowledge (A2K) is increasingly recognized as the central human development issue of our time. Yet to date there has been little literature defining precisely what is meant by this term, much less how to evaluate the progress toward achieving it. To help bridge this gap, this article offers a blueprint for an A2K index: a quantitative tool integrating a variety of data points to assess how well countries promote access to knowledge. The proposed index tracks five key dimensions of access to knowledge: education for informational literacy, access to the global knowledge commons, access to knowledge goods, an enabling legal framework, and effective innovation systems. The resulting conceptual map offers a concrete introduction to the A2K framework for information scholars and professionals.Item The Right to Science and Culture(Wisconsin Law Review, 2010) Shaver, LeaThe Universal Declaration of Human Rights states: “Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits.” This Article suggests how this text may offer a philosophical and legal basis to constrain the further expansion of protectionism in international IP law. Drawing on accepted methodologies of human rights interpretation and recent research from legal and economic scholars on the value of preserving the knowledge commons, the Article offers a theory of “the right to science and culture” as requiring a public goods approach to knowledge innovation and diffusion. The Article then translates this public goods theory into concrete guidance for policy makers seeking to implement human rights obligations, and for jurists asked to adjudicate rights-based challenges to copyright and patent laws. In conclusion, this Article suggests that reviving attention to this long-marginalized provision of international public law may provide an important rhetorical and legal tool with which to open up new possibilities for sensible IP reform.Item The Inter-American Human Rights System: An Effective Institution for Regional Rights Protection?(Washington University Global Studies Law Review, 2010) Shaver, LeaThe Inter-American Court of Human Rights and the Inter-American Commission on Human Rights are charged with protecting human rights in the Western Hemisphere. This article explains the workings of this regional human rights system, examining its history, composition, Junctions, jurisdiction, procedure, jurisprudence, and enforcement. The article also evaluates the system's historical and current effectiveness. Particular attention is given to the disconnect between the system's success with the region's Latin-American nations and its rejection by Anglo-American States, as well as to the potential to use the system to improve human rights in Cuba.Item The Right to Take Part in Cultural Life: On Copyright and Human Rights(Wisconsin International Law Journal, 2010) Shaver, Lea; Sganga, CaterinaArticle 15(1)(a) of the International Covenant on Economic Social and Cultural Rights--a source of binding law in 160 countries--recognizes “the right of everyone to take part in cultural life.” This article suggests how lawmakers and jurists might give meaning to this provision, with particular attention to issues arising in an age of digital culture. The authors conclude that the right to take part in cultural life should be understood in terms of the ability to access, enjoy, engage, and extend upon a common cultural inheritance and that realizing this right will require significant reforms in international intellectual property law.Item Copyright and Inequality(2014-12) Shaver, LeaThe standard theory of copyright law imagines a marketplace efficiently serving up new works to an undifferentiated world of consumers. Yet the reality is that all consumers are not equal. Class and culture combine to explain who wins, and who loses, from copyright protection. Along the dimension of class, the inequality insight reminds us just because new works are created does not mean that most people can afford them, and calls for new attention to problems of affordability. Copyright protection inflates the price of books, with implications for distributive justice, democratic culture, and economic efficiency. Along the dimension of culture, the inequality insight points out that it is not enough for copyright theory to speak generally of new works; it matters crucially what languages those works are being created in. Copyright protection is likely to be an ineffective incentive system for the production of works in “neglected languages” spoken predominantly by poor people. This Article highlights and explores these relationships between copyright and social inequality, offering a new perspective on what is at stake in debates over copyright reform.Item Why are Generic Drugs Being Held Up in Transit? Intellectual Property Rights, International Trade, and the Right to Health in Brazil and Beyond(2012) Steffen Guise Rosina, Monica; Shaver, LeaAccess to medicines faces a new legal threat: “border enforcement” of drug patents. Using Brazil as an example, this article shows how the right to health depends on international trade. Border seizures of generic drugs present human rights and trade institutions with a unique challenge. Can public health advocates rise to meet it?Item The Right to Science: Ensuring that Everyone Benefits from Scientific and Technological Progress(Larcier, 2015) Shaver, Lea; Robert H. McKinney School of LawThe right to enjoy the benefits of scientific progress has long been neglected, both in theory and in practice. Even scholars, advocates, and jurists deeply involved in the human rights field are likely to express uncertainty as to what the right to science concretely requires… if they are even aware of its existence. This article seeks to remedy that obscurity, providing a highly accessible account of the right to science that is both philosophically grounded and concrete. In short, the right to science calls for treating scientific research, scientific knowledge, and technology as global public goods, to be cultivated for the benefit of humanity and made accessible to all, just as with other socioeconomic rights such as education and healthcare. This article then elaborates what that broad vision means for minimum core content. Particular emphasis is given to reconciling the potential tension between the right to science and intellectual property regimes.Item The Right to Read(Columbia Journal of Transnational Law, 2015-09-10) Shaver, Lea; IU McKinney School of LawReading – for education and for pleasure – may be framed as a personal indulgence, a moral virtue, or even a civic duty. What are the implications of framing reading as a human right? Although novel, the rights-based frame finds strong support in international human rights law. The right to read need not be defended as a “new” human right. Rather, it can be located at the intersection of more familiar guarantees. Well-established rights to education, science, culture, and freedom of expression, among others, provide the necessary normative support for recognizing a universal right to read as already implicit in international law. This Article is the first to call for recognition of a right to read. Once recognized in principle, it remains necessary to translate the right to read from a vague ideal into concrete content. As a starting point, the right to read requires that every person be entitled to education for literacy and the liberty to freely choose the reading material they prefer. The right to read also means that everyone must have access to an adequate supply of reading material. Law and policy must be designed to ensure that books, ebooks, and other reading materials are made widely available and affordable – even to the poor and to speakers of minority languages. Reframing reading as a human right ultimately points to a reorientation of copyright law, as well as obligations upon publishers and technology companies to facilitate access for readers of all income levels and in every language. The conceptual elaboration of the right to read also holds lessons for rights theorists and advocates, as an illustration of an “intersectional” approach to human rights scholarship and advocacy.
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