David W. Opderbeck

David W. Opderbeck

Associate Professor of Law

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Faculty News

Prof. Franzese to present Leadership with Purpose to Knights of Columbus, Eastern Region, NJ, May 20.

Professor Marina Lao to present Resale Price Maintenance: A Reassessment of its Harms and Benefits” at the ACADEMIC SOCIETY FOR COMPETITION LAW CONFERENCE at George Washington, June 17.

Professor Lori Nessel has published Externalized Borders and the Invisible Refugee, 40 COLUM. HUMAN RTS. L. REV. 625 (2009)

Professor Carl Coleman will serve as rapporteur for a WORLD HEALTH ORGANIZATION meeting on Research Ethics in International Epidemic Response, in Geneva, June 10-11,

Professor Chinh Q Le will present Racially Integrated Education and the Role of the Federal Government at a Capitol Hill POLICY BRIEFING, June 12

Dean Kathleen M. Boozang and Professor Simone Handler-Hutchinson have published Monitoring Corporate Corruption: DOJ's Use of Deferred Prosecution Agreements in Health Care, 35 AM. J. L. & MED. 89 (2009)

Professor Tracy Kaye has published Europe’s Balancing Act: Trends in Taxation, 62 TAX L. REV. 193 (2009)

Professor Carl Coleman has published Do Physicians' Legal Duties Conflict with Public Health Values? The Case of Antibiotic Overprescription in the JOURNAL OF BIOETHICAL INQUIRY.

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Faculty Profile

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David W. Opderbeck

Associate Professor of Law

Professor Opderbeck’s work focuses on the regulation of access to scientific and technological information. His published work has employed the tools of game theory, classical microeconomics, and statistical analysis to address issues such as intellectual property restrictions on essential medicines in developing countries, open source biotechnology, patent damages reform, and the interaction of law and social norms concerning music file sharing.

In addition to his traditional legal scholarship, Professor Opderbeck is interested in the philosophical and moral foundations of information policy and other aspects of the law. He has written on a virtue ethics approach to biotechnology law, and most recently has explored the philosophical aspects of information policy in a groundbreaking essay that seeks to apply a critical realist approach to the ontology of information. He is a principal organizer of a conference on “Religious Legal Theory: State of the Art” that will be held at the Law School in 2009.

Professor Opderbeck graduated cum laude from Seton Hall Law School in 1991 and earned an LL.M. in Trade Regulation from New York University Law School in 1998. He previously was a Partner in the Intellectual Property / Trade Regulation group at McCarter & English, LLP, where he represented clients in the life sciences, consumer products, telecommunications, computer software, and other industries. Representative litigated cases include Wedeco UV Technologies, Inc. v. Calgon Corp, 2006 WL 1867201 (D.N.J. 2006); Bamberger v. Rohm & Hass Corp., 1998 WL 684263, 40 Fed.R.Serv.3d 667 (D.N.J. 1998); McCall v. Metropolitan Life Ins. Co., 956 F. Supp. 1172 (D.N.J. 1996).

Patent Damages and the Shape of Patent Law, 89 Boston University Law Review (2009) (forthcoming).

Deconstructing Jefferson’s Candle: Towards a Critical Realist Approach to Cultural Environmentalism and Information Policy, 49 Jurimetrics  (2009) (forthcoming).

The Penguin’s Paradox: The Political Economy of International Intellectual Property and the Paradox of Open Source, 18 Stanford Law & Policy Rev. 101 (2007).

A Virtue Ethics Approach to the Biotechnology Commons (or, The Virtuous Penguin), 59 Maine Law Rev. 316 (2007).

Peer-to-Peer Networks, Technological Darwinism, and Intellectual Property Reverse Private Attorney General Litigation, 20 Berkeley Technology Law J. 1 (2005).