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.
Publications
Works in Progress
The Cost of Conscience, (forthcoming, 2010)
Law Review Articles
Beyond Competition and Innovation: The Need for Qualified Transparency in Internet Intermediaries, 104 Nw. U. L. Rev. (forthcoming, 2010)
Beyond Competition and Innovation: The Need for Qualified Transparency in Internet Intermediaries, 104 Nw. U. L. Rev. (forthcoming, 2010)
Federal Search Commission? Access, Fairness, and Accountability in the Law of Search, 93 Cornell L. Rev. 1149 (2008) (with Oren Bracha)
Reclaiming Egalitarianism in the Political Theory of Campaign Finance Reform, 2008 Illinois L. Rev. 599 (2008)
Copyright in an Era of Information Overload, 60 Vanderbilt L. Rev. (2006)
Rankings, Reductionism, and Responsibility, 54 Clev. St. L. Rev. 115 (2006)
Breaking the Vicious Circularity: Sony's Contribution to the Fair Use Doctrine, 55 Case W. Res. L. Rev. 777 (2005)
Law Journal Article
Internet Nondiscrimination Principles: Commercial Ethics for Carriers and Search Engines, 2008 U. Chi. L. F. 263 (2008)
Asterisk Revisited: Debating a Right of Reply on Search Results, 3 j. Business L. & Tech. 61 (2008) (special symposium on search engines)
The Three Faces of Retainer Care, 7 Yale J. Health Pol'y, L., & Ethics 39 (2007)
Technology, Competition, and Values, 8 Minn. J. L., Sci., & Tech. 607 (2007)
Toward an Ecology of Intellectual Property, 8 Yale J. L. & Tech. 78 (2006)
Beyond Napster, 8 B.U. J. Sci. & Tech. L. 451 (2002) (with Kim Weatherall & Matt Fagin)
Two Concepts of Immortality: Reframing Public Debate on Stem Cell Research, 14 Yale J. L. & Hum. 73 (2002)
Other Articles
Toward a Fair Reputation Reporting Act, forthcoming in Privacy, Free Speech, and The Internet, Harvard U. P. (forthcoming, 2010) (Martha Nussbaum and Saul Levmore, eds.)
Access to Medicine in an Era of Fractal Inequality, 19 Annals of Health Law (forthcoming, 2010) (invited piece for conference entitled Profits and Patients)
Neurocosmetics as Faulty Data: Technology as Threat to Autonomy, 28 Bull. Sci., Tech., and Soc'y (forthcoming, 2009)
Toward a Fair Reputation Reporting Act, forthcoming in Privacy, Free Speech, and The Internet, Harvard U. P. (forthcoming, 2010) (Martha Nussbaum and Saul Levmore, eds.)
Book Chapters
Law and Theory of Trade Secrecy: A Handbook of Contemporary Research, Edward Elgar Publishing (forthcoming 2010)
Ending the Specialty Hospital Wars, forthcoming in Our Fragmented Health Care System: Causes and Solutions, Oxford Univ. Press (forthcoming, 2009) (Einer Elhauge, ed.)
Law and Theory of Trade Secrecy: A Handbook of Contemporary Research, Edward Elgar Publishing (forthcoming 2010)