Professor Frank Pasquale

Frank Pasquale

Schering-Plough Professor in Health Care Regulation and Enforcement

Frank Pasquale

Frank Pasquale

Schering-Plough Professor in Health Care Regulation and Enforcement

Frank Pasquale has taught information and health law at Seton Hall since 2004. He has published over 20 scholarly articles, and is currently writing a book called The Black Box Society: Technologies of Search, Reputation, and Finance (under contract with Harvard University Press). Pasquale’s research agenda focuses on challenges posed to information law by rapidly changing technology, particularly in the health care, internet, and finance industries. 

Pasquale has been a Visiting Fellow at Princeton’s Center for Information Technology, and a Visiting Professor at Yale Law School and Cardozo Law School. He was a Marshall Scholar at Oxford University. He has testified before the Judiciary Committee of the House of Representatives, appearing with the General Counsels of Google, Microsoft, and Yahoo. He has also presented before a Department of Health & Human Services/Federal Trade Commission Roundtable and panels of the National Academy of Sciences.   

Pasquale is a member of the Harvard-Georgetown Working Group on Market Democracy, and an Affiliate Fellow of Yale Law School’s Information Society Project. He has been named to the Advisory Board of the Electronic Privacy Information Center. He is on the executive board of the Health Law Section of the American Association of Law Schools (AALS), and has served as chair of the AALS section on Privacy and Defamation. He has blogged at Concurring Opinions since 2006, and he also writes at Balkinization, Madisonian, Health Reform Watch, and the Health Law Profs Blog. He has been quoted in the Financial Times, New York Times, Economist, CNN, and many other media outlets, and has written for the Boston Review.

Selected 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. 105 (2010)

Grand Bargains for Big Data: The Emerging Law of Health Information, 72 Md.L. Rev. _ (forthcoming 2012)

Practical Privacy: Rethinking the Collection, Analysis and Use of Health-Inflected Social Network Data, Governance of Social Media (forthcoming 2013) (J. Obar, ed.)

Ending the Specialty Hospital Wars: A Plea for Pilot Programs as Information-Forcing Regulatory Design, Our Fragmented Health Care System: Causes and Solutions Oxford Univ. Press (Einer Elhauge, ed.) (2010)

Protecting Consumers' Reputations in an Era of Pervasive Surveillance and Secret Analytics, Brooklyn J. Corp. & Fin. L. (forthcoming 2013)

Accountable Care Organizations in the Patient Protection and Affordable Care Act, 43 Seton Hall L. Rev. _ (forthcoming 2012)

Network Accountability for the Domestic Intelligence Apparatus, 61 Hastings L.J., Vol. 62 (2011) (with Danielle Citron)

William H. Sorrell, Attorney General of Vermont, et al. v. IMS Health Inc., et al (2011) (Brief in Support of Petitioners (for New England J. Medicine) (co-author on brief)

Restoring Transparency to Automated Authority, Journal on Telecommunications and High Technology Law, 9:235 (2011)

The Future of HIPAA in the Cloud (2013) (A White Paper by The Center for Health & Pharmaceutical Law & Policy) (with Tara Adams Ragnone)

Joining or Changing the Conversation? Catholic Social Thought and Intellectual Property, Cardozo J. Arts & Ent. L. (2011)

Access to Medicine in an Era of Fractal Inequality, 19 Annals of Health Law 269 (January 2010) (invited piece for conference entitled "Patents, Profits and Patients")

Search, Speech, and Secrecy: The Inversion of Network Neutrality, 1 Yale L. & Pol'Y Rev. Inter Alia (2011) (Invited piece for Yale Law School symposium on network neutrality)

Data and Power: From Individual Consent to Societal Transparency, Kaufman Foundation/Yale ISP Symposium on Privacy and Innovation (2010) (A revised version was submitted as a comment on the HHS/FTC Roundtable on Personal Health Records, where I was an invited panelist.)

Dominant Search Engines: An Essential Cultural & Political Facility, The Next Digital Decade, Essays on the Future of the Internet (Chapter 7, p. 401) TechFreedom, Wasington, D.C. (Berin Szoka, Adam Marcus, eds.) (2011)

Reproducible Research, 12 (5) Computing Science and Engineering, 8-13 (September/October 2010, doi: 10.1109/MCSE.2010.113.) (Contributing author (Victoria Stodden, author)

Trusting (and Verifying) Online Intermediaries’ Policing, The Next Digital Decade, Essays on the Future of the Internet (Chapter 6 p. 347) TechFreedom, Wasington, D.C. (Berin Szoka, Adam Marcus, eds.) (2011)

The Hippocratic Math: How Much Should Society Spend on Health Care?, Journal of Legal Medicine (2011) (Review of Gregg Bloche, The Hippocratic Myth: Why Doctors are Under Pressure to Ration Care, Practice Politics, and Compromise their Promise to Heal) (Palgrave, 2011)

Reputation Regulation: Disclosure and the Challenge of Clandestinely Commensurating Computing, Privacy, Free Speech, and the Internet (Martha Nussbaum and Saul Levmore, eds.) (Harvard University Press, 2010)

Cognition-Enhancing Drugs: Can We Say No?, 30 (1) Bulletin of Science, Technology, and Society 9 (2010) (doi: 10.1177/0270467609358113)

The Troubling Trend Toward Trade Secrecy in Rankings and Ratings, The Law and Theory of Trade Secrecy: A Handbook of Contemporary Research, Edward Elgar (Rochelle C. Dreyfuss and Katherine J. Strandburg, eds.) (2011)

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)

Federal Search Commission? Access, Fairness, and Accountability in the Law of Search, 93 Cornell L. Rev. 1149 (2008) (with Oren Bracha)

The Three Faces of Retainer Care, 7 Yale J. Health Pol'y, L., & Ethics 39 (2007)

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)

Two Concepts of Immortality: Reframing Public Debate on Stem Cell Research, 14 Yale J. L. & Human. 73 (2002)

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)

Brief Review of Reconsidering Law & Policy Debates: A Public Health Perspective

Copyright in an Era of Information Overload, 60 Vanderbilt L. Rev. 135 (2007)

POLITICS & JURISPRUDENCE

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)

One Cheer for State Capitalism (Review of Ian Bremmer, The End of the Free Market: Who Wins the War Between States and Corporations?, Portfolio, 2010 (work in progress)

Toward an Ecology of Intellectual Property: Lessons from Environmental Economics for the Valuation of Copyright's Commons, 8 Yale J. L. & Tech. 78 (2006)

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")

The Business Model of Governance,, 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)

The Cost of Conscience: Quantifying Our Charitable Burden in an Era of Globalization (2010)

Brief Review of Nothing to Hide

Brief Review of Constitutional Redemption

Brief Review of The Master Switch

PRESENTATIONS

INFORMATION LAW

Equal Surveillance Under the Law, Ewen Memorial Lecture, Brooklyn College (April 2012)

Audit Trails and Open Data, Harvard-Georgetown Working Group on Market Democracy (July 2012)

Social Network Privacy Law Update, AALS Midyear Meeting (June 2012)

Law & Political Economy, Association of Professors of Political Economy and Law, Amherst (May 2012)

Antitrust in High Tech Industries: Remedies, George Mason Law School Conference on Search and Social Networking (May 2012)

Reputation Analytics, presented at Brooklyn Law School and U. Miami Law School (February 2012)

Regulating "Big Data", ABA Section on Administrative Law and Regulated Industries, Spring Meeting at Princeton University (April 2012)

Google's Antitrust Dilemmas, inaugural conference of the Rutgers Intellectual Property and Information Law Institute (November 2011)

Antitrust, Social Networking, and Privacy, George Mason Law School (November 2011)

Unilateral Conduct in High Tech Network Industries, Talk to ABA Antitrust Section's Committee on Unilateral Conduct (October 2011)

Data as Infrastructure, Kauffman Foundation Roundtable on Innovation at Yale Law School; Silicon Flatirons Conference at Colorado University (2010)

The Future of Internet Policy: A Conversation on Network Neutrality (December 2, 2010) (Sponsored by the Yale Law & Policy Review and the Yale Law School Information Society Project)

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)

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)

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

From Transparency to Intelligibility: Rethinking Disclosure in Health and Finance Reform, Harvard Law School's Petrie-Flom Health Law Center Workshop (March 2012)

Rethinking Health Care as an Information Industry, Columbia University Joint Law School, Medical School, and Public Health School Workshop (March 2012)

From Medical Record to Medical Reputation, Plenary Session of the Future of Health Privacy Summit, Georgetown Law School (June 2012)

Co-chaired Panel on Pharmacogenomics, Privacy, and Innovation, as Chair of AALS Section on Defamation and Privacy, AALS Annual Conference (January 2012)

Senior faculty reviewer, St. Louis Law School Health Law Scholars Workshop (September 2012)

Roundtable: Personal Health Records Understanding the Evolving Landscape (December 3, 2010) (Office of National Coordinator for Health Information Technology (ONC), Washington, DC)

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)

American Drug Regulation, Visiting Delegation of the Shanghai Food and Drug Administration, Yale University (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)