Frank Pasquale
Loftus Professor of Law
Experience
Professor Pasquale joined Seton Hall after practicing law as an attorney at Arnold & Porter LLP, where his work included antitrust and intellectual property litigation. Professor Pasquale's prior experience includes clerking for the Honorable Judge Kermit Lipez of the United States Court of Appeals for the First Circuit and serving as a fellow at the Institute for the Defense of Competition and Protection of Intellectual Property in Lima, Peru.
During his time at Yale Law School, Professor Pasquale served as a teaching assistant for first year students and as an editor of the Yale Law and Policy Review and the Yale Symposium on Law and Technology before graduating with a J.D. in 2001. He also served as a student director in the clinical program's Disabilities Clinic, focusing on advocacy in the health and benefits fields.
Scholarship & Teaching
Pasquale has focused his scholarship on enriching intellectual property and health law with insights from economics, philosophy, and social science. His work on search engines has been excerpted in Bellia, Post, & Berman's Cyberlaw and delivered to a plenary session of the Intellectual Property Scholars Conference. His work on retainer medicine was selected for presentation at the St. Louis University Health Law Scholars Workshop.
Pasquale teaches Administrative Law, Intellectual Property Law, Health Care Finance, and a seminar entitled Technology, Human Rights, and Equality. He also plans and participates in programs sponsored by the law school's Gibbons Institute for Law, Science & Technology, and its nationally ranked Health Law & Policy Program. He is the Associate Director of the Gibbons Institute.
Outreach & Commentary
Professor Pasquale blogs at Concurring Opinions and Madisonian.net, and has has guest-blogged at Jurisdynamics. At the Co-Op, his posts focus on methodology in legal scholarship, health law, and IP. The Madisonian blog has a technology focus. Along with Gaia Bernstein and Jim Chen, Pasquale organized a virtual symposium at Law & Technology Theory.
Pasquale has been quoted in the New York Times, San Francisco Chronicle, Los Angeles Times, Boston Globe, Financial Times, and many other publications. He has appeared on CNN to comment on Google's China policy. He has been interviewed on internet regulation on David Levine's Hearsay Culture podcast, WNYC's Brian Lehrer Show, and on National Public Radio's Talk of the Nation.
Professor Pasquale has testified before Congress and before the New York City Broadband Advisory Commission. He presented Internet Nondiscrimination Principles for Competition Policy Online before the Task Force on Competition Policy and Antitrust Laws of the House Committee on the Judiciary, appearing with the General Counsels of Google, Microsoft, and Yahoo. He appeared with Congressman Bob Goodlatte to discuss Reputation and Privacy in an Age of Social Networking at the State of the Net West Policy Conference at Santa Clara Law School.
Articles, Book Chapters, and Works in Progress
INFORMATION LAW | HEALTH LAW |
Beyond Competition and Innovation: The Need for Qualified Transparency in Internet Intermediaries, 104 Nw. U. L. Rev. (forthcoming 2010)
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Ending the Specialty Hospital Wars: A Plea for Pilot Programs as Information-Forcing Regulatory Design, in Our Fragmented Health Care System: Causes and Solutions (Einer Elhauge, ed.) (Oxford Univ. Press, forthcoming 2010) |
Reputation Regulation: Disclosure and the Challenge of Clandestinely Commensurating Computing, in Privacy, Free Speech, and the Internet (Martha Nussbaum and Saul Levmore, eds.) (Harvard University Press, forthcoming 2010)
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Access to Medicine in an Era of Fractal Inequality, 19 Annals of Health Law (forthcoming 2010) (invited piece for conference entitled Profits and Patients) |
The Troubling Trend Toward Trade Secrecy in Rankings and Ratings, in The Law and Theory of Trade Secrecy: A Handbook of Contemporary Research (Rochelle C. Dreyfuss and Katherine J. Strandburg, eds.) (Edward Elgar Publishing, forthcoming 2010)
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Cognition-Enhancing Drugs: Can We Say No?, accepted for publication pending minor revisions in the peer-reviewed Bulletin of Science, Technology, And Society (forthcoming 2010) |
Federal Search Commission? Access, Fairness, and Accountability in the Law of Search, 93 Cornell L. Rev. 1149 (2008) (with Oren Bracha)
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Technology, Competition, and Values, 8 Minn. J. L., Sci., & Tech. 607 (2007) (reprinted in Law and Technology: An Interface, K. Prasanna Rani, ed., Icafi University Press, Hyderabad, India, 2009) |
Internet Nondiscrimination Principles: Commercial Ethics for Carriers and Search Engines, 2008 U. Chi. Leg. F. 263 (2008) (invited piece for symposium Law in a Networked World)
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The Three Faces of Retainer Care, 7 Yale J. Health Pol'y, L., & Ethics 39 (2007) |
Asterisk Revisited: Debating a Right of Reply on Search Results, 3 J. Bus. & Tech. L. 61 (2008) (invited piece for special symposium on search engines)
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Two Concepts of Immortality: Reframing Public Debate on Stem Cell Research, 14 Yale J. L. & Human. 73 (2002) |
Copyright in an Era of Information Overload, 60 Vanderbilt L. Rev. 135 (2007)
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Catholic Social Thought and Access to Drugs: A Spiritual Case for Legal Realism in (work in progress; invited piece for University of St. Thomas Colloquium on intellectual property and religious thought) |
Rankings, Reductionism, and Responsibility, 54 Clev. St. L. Rev. 115 (2006) (invited piece for symposium in honor of Margaret Jane Radin) (excerpted in Bellia, Post, & Berman's textbook Cyberlaw)
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POLITICS & JURISPRUDENCE |
Toward an Ecology of Intellectual Property: Lessons from Environmental Economics for the Valuation of Copyright's Commons, 8 Yale J. L. & Tech. 78 (2006)
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Reclaiming Egalitarianism in the Political Theory of Campaign Finance Reform, 2008 Illinois L. Rev. 599 (2008) |
Breaking the Vicious Circularity: Sony's Contribution to the Fair Use Doctrine, 55 Case W. Res. Univ. L. Rev. 777 (2005) (invited piece for Law, Technology, and the Arts Symposium: "Copyright and Personal Copying: Sony v. Universal Studios Twenty-One Years Later")
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The Business Model of Governance,, in The Role of the State in Competition and Intellectual Property Policy in Latin America (Beatriz Boza, ed.) (2000) (Beatriz Boza, ed) |
Beyond Napster: Using Antitrust Law to Advance and Enhance Online Music Distribution, 8 B.U. J. Sci. & Tech. L. 451 (2002) (with Kimberlee Weatherall and Matthew Fagin)
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The Cost of Conscience: Quantifying Our Charitable Burden in an Era of Globalization (forthcoming 2010) ((work in progress)) |
The Black Box Society (invited piece for Kauffman Foundation Roundtable on Reproducibility of Computational Research) (work in progress)
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Fixing Fusion Centers (with Danielle Citron) (work in progress) |
Sartorial Justice: Would Copyright Protection for Fashion Design Lead to a More Humane Clothing Supply Chain? (work in progress)
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Market and Culture: The Naivete of Neutrality, (1998) |
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PRESENTATIONS
INFORMATION LAW
Data as Infrastructure, Kauffman Foundation Roundtable on Innovation at Yale Law School; Silicon Flatirons Conference at Colorado University (November 2009; January 2010)
Distributive Justice Online, New School for Social Research Conference on The Internet as Factory and Playground (November 2009)
The Social Construction of Online Reputation, Telecommunications Policy Research Conference, George Mason Law School; Cardozo Law School Faculty Speaker Series (Sept. 2009; Nov. 2009)
Beyond Innovation and Competition, Works in Progress Intellectual Property Conference, Seton Hall Law (Oct., 2009)
Lochnerizing Search, Center for Democracy and Technology (July, 2009)
The Troubling Trend Toward Trade Secret Protected Rankings and Ratings, NYU Law Roundtable on Trade Secrecy Scholarship; Chicago IP Scholars’ Colloquium; Cardozo IP Scholars Series (Feb., 2009; April, 2009; March, 2009)
Fixing Fusion Centers, U. Maryland Faculty Workshop; Seton Hall Faculty Workshop; U. Maryland Roundtable on Technology and Privacy Law; AALS Panel on Privacy and Defamation (June, 2009; June, 2009; April, 2009; New Orleans, Jan., 2010) (with Danielle Citron at U. Maryland Faculty Workshop)
Is Google a Media Company?, Quello Symposium: Rethinking Media Policy in the Age of New Media, National Press Club (May, 2009)
From Managed Care to Managed Knowledge, Yale Law School Conference on Library 2.0 (April, 2009)
Search, Speech, and Copyright, Chicago Intellectual Property Scholars Colloquium; Yale Law School ISP Ideas Lunch (April, 2009; April, 2009)
Copyright and Online Intermediaries, University of Montreal Conference Is eCommerce Law Different? (2008)
Internet Nondiscrimination Principles for Competition Policy Online, Testimony Before the Task Force on Competition Policy and Antitrust Laws of the House Committee on the Judiciary (July 15, 2008)
Noneconomic Dimensions of the Network Neutrality Debate, Testimony before the New York City Council Broadband Advisory Committee (March 3, 2008)
Will Our Reputations and Privacy Survive the Age of Social Networking?, State of the Net West Policy Conference at Santa Clara Law School (2008) (colloquy with Congressman Goodlatte and Lauren Gelman)
Reputation Regulation, Stanford Intellectual Property Scholars Conference (Plenary Presentation); Seton Hall Faculty Workshop; Annenberg School of Communications of the University of Pennsylvania; Fordham Faculty Workshop (2008)
The New Neutralities: From Net and Device Nondiscrimination to Fairness in Social Networks, Search Engines, and Auction Platforms, University of Quebec at Montreal (UQAM) Conference on E-Commerce; University of Chicago Conference on Reputation Online; Wharton Colloquium on Media and Communications Law (Oct., 2008; Nov., 2008; Dec., 2008)
Commentary on Lior Strahilevitz’s Reputation Nation, Fordham University Center on Intellectual Property Law (2008)
Commentary on Dan Solove’s The Future of Reputation, Law & Society (2008)
Technology, Competition, and Values, Law & Society (2008)
Individual Enforcement of Rights Against a Corporate Data Warehouser, Fordham Law School Law and Information Society Symposium: Enforcement, Compliance and Remedies in the Information Society (2008)
Privacy, Reputation, and the Management of Online Communities, Computers, Freedom, and Privacy Conference at Yale University (2008)
Rights and Responsibilities for Software Code and Applications?, Computers, Freedom, and Privacy Conference at Yale University (2008)
After the Economic Debate on Network Neutrality, American University Conference on Media Law: Does Red Lion Still Roar? (2008)
The Social Consequences of Appearance Enhancement, Loyola University Visiting Scholar Presentation (Nov., 2008)
Internet Nondiscrimination Principles, University of Chicago Legal Forum; Brooklyn Law School Faculty Forum; Seminar on "Intellectual Property: Challenges and Reforms in the Information Age” (Nov. 2007; Nov. 2007; April, 2007)
Moderator, Panel on Identity and Trust, Telecommunications Policy Research Conference, George Mason University (2007)
From Net Neutrality to Search Neutrality, Works in Progress Intellectual Property Conference, American University (2007)
Intellectual Property vs. the Administrative State, Intellectual Property Scholars Conference, DePaul University (2007)
Federal Search Commission?, Reclaiming the First Amendment Conference at Hofstra University (2007) (with Oren Bracha)
Theories of Law & Technology, Commentary on Panel at Law & Society Conference; Presentation at the International Association of Science and Technology Studies Conference (2006; 2007)
Rankings and Reductionism in the Law of Search, Presentation to the Stanford Center for Internet and Society; Computers, Freedom, and Privacy Conference (2006)
Copyright in an Era of Information Overload, Presentation to IP Seminar at U.C. Berkeley (2006)
How Innovation Can Undermine Equity and Efficiency: The Rise of Primarily-Position-Enhancing Information, Works-in-Progress Intellectual Property Conference, Univ. of Pittsburgh (2006)
The Law and Economics of Information Overload Externalities, IP Scholars Conference at U.C. Berkeley (Plenary Presentation); May Gathering at University of Virginia (2006)
Theories of Law & Technology, Commentary on Panel at Law & Society Conference; Presentation at the International Association of Science and Technology Studies Conference (2006; 2007)
Overload and Positional Externalities in Copyright, St. John's Law School Distinguished Speakers Colloquium (2005)
Breaking the Vicious Circularity: Sony’s Contribution to the Fair Use Doctrine, Symposium on the 20th Anniversary of Sony v. Universal, Center for Law, Technology, and the Arts at Case Western Reserve Univ.; Seton Hall Faculty Workshop (February, 2005; 2005)
Privacy and Intellectual Property Policy, Guest Lectures before Prof. Glyn Morgan’s Harvard University Undergraduate Class, “Public and Private” (2000 and 2001)
HEALTH LAW
Presenter on insurance markets at a Health Care for America policy expert discussion of reform (June, 2009) (Participant in follow-up events)
Organizer and Presenter at Yale public event on THOMAS POGGE AND AIDAN HOLLIS, THE HEALTH IMPACT FUND (April, 2009)
Organizer of one-day workshop on THOMAS POGGE AND AIDAN HOLLIS, THE HEALTH IMPACT FUND (April, 2009) (featuring Pogge, Hollis, Terry Fisher of Harvard, Talha Syed of Berkeley, trade lawyers, and UAEM and Yale ISP reps; A follow-up event is planned at Harvard Law in Nov. 2009)
Pharmaceutical Patents Through the Lens of the Brain Drain, Medical Tourism, and Outsourced Human Subjects Research, Beazley Center at Depaul University Law School Conference on Patents and Patient Care (2008)
Rethinking Health Care Subsidies: Artificial vs. Real Scarcity in Patent and Regulatory Policy, Symposium on Health Care and Patent Law, Loyola-Chicago Law School (Nov., 2008)
Understanding the Rise of Specialty Hospitals and Ambulatory Surgery Centers, Harvard Law School/Petrie-Flom Center Conference on Fragmentation in Health Care; Health Law Professors’ Conference at Drexel University (2008)
Debate on Universal Health Care, Seton Hall Health Law Forum (2008) (Debated Bill Niskanen, Chairman of the Cato Institute)
Reflections on Michael Moore’s Sicko, Seton Hall Health Law Forum (2008)
Spin-offs as Tiering: Understanding the Rise of Specialty Hospitals and Ambulatory Surgery Centers, Harvard Law School/Petrie-Flom Center Conference on Fragmentation in Health Care (June 2008)
Taxation of Cosmetic Surgery: Responding to the Critics, Health Law Professors' Conference at Drexel University (June 2008)
Medical Tourism In LDC's: Diverting Doctors on Increasing Investment?, Wisconsin International Law Journal Symposium on Cross-Border Health Care (June 2008)
Technology, Competition, and Values, Yale Information Society Project (2007)
Medicare Part D and Pharmaceutical Companies' Patient Assistance Programs, CLE Presentation to the New Jersey Intellectual Property Lawyers Association (2007)
Tax Tiering: Toward the Joint Maximization of Access, Quality and Cost-Control in Health Care, Health Law Professors Conference at Boston University (2007)
Medicine as a Positional Good, Health Law Scholars Workshop, St. Louis University (St. Louis, 2005)
POLITICS & JURISPRUDENCE
The Aristocracy of Fairness, Address to Seton Hall Law Class of 2011 Orientation (2008)
The Cost of Conscience: Quantifying Our Charitable Burden, Normative Political Theory Section of the American Political Science Association Annual Conference (2006)
Limits on Genetic Engineering and Psychopharmacology, Presentation before the Yale Graduate Political Theory Workshop (1999)
A Technical Knock-Out for Reductionist Humanism, Presentation before the Oxford University Philosophy Society (1997)
Neo-liberalism vs. Civic Humanism, Presentation before the Harvard Graduate Political Theory Workshop (1997)
The Public Sphere in Habermas and American Constitutional Theory, Presentation before Seyla Benhabib’s Graduate Seminar on the Public Sphere, Harvard University (1996)