Gaia Bernstein

Gaia Bernstein

Professor of Law

  • Degrees:

  • J.S.D. New York University School of Law
  • LL.M. Harvard Law School
  • LL.M. Tel-Aviv University
  • J.D. Boston University
  • B.A. Tel-Aviv University
  • Contact:

  • Tel:  973-642-8494
  • SSRN Site link
  • Curriculum Vitae
  • Courses:

  • HIPAA Privacy and Security
  • Information Privacy Law
  • Patent Law
  • Property
  • Intellectual Property
  • Birth, Death and the Law
  • Law and Genetics

Gaia Bernstein

Gaia Bernstein

Professor of Law

Professor Gaia Bernstein specializes in intellectual property, law and technology theory, information privacy, medical privacy, law and genetics and reproductive technologies. Her scholarship looks at the inter-relations between technology, law and society, examining the dissemination and adoption processes of new technologies, including both medical and communications technologies. Professor Bernstein's current scholarship and ongoing research focuses primarily on the role of end users in patent law. Professor Bernstein's scholarship has been published in leading law reviews including the Vanderbilt Law Review, the Boston College Law Review, the Boston University Law Review, the Washington Law Review and the U.C. Davis Law Review. Her work has been selected to the Stanford-Yale Junior Faculty Forum and received extensive media coverage. Professor Bernstein was the Chair of the Section on Privacy and Defamation and a member of the Executive Board of the Section on Intellectual Property of the American Association of Law Schools.

Professor Bernstein has joined the Seton Hall faculty in 2004 and in 2009 was named the Margaret Gilhooley Research Fellow. Prior to joining the Seton Hall faculty, Professor Bernstein was a fellow at the Engelberg Center of Innovation Law & Policy and at the Information Law Institute at the New York University School of Law. Her degrees include: a J.S.D. from the New York University School of Law, an LL.M. from Harvard Law School, a J.D. (Intellectual Property concentration with Honors) from the Boston University School of Law, and a B.A. in Psychology and Political Science (magna cum laude) from Tel Aviv University. Professor Bernstein practiced law at Skadden, Arps, Slate, Meagher & Flom LLP in New York and at S. Horowitz & Co. in Israel.



The Rise of the End User in Patent Litigation, forthcoming Boston College Law Review (2014) selected for the ABA-IPL First Intellectual Property Scholarship Symposium at the 29th ABA Annual Intellectual Property Conference.

Incentivizing the Ordinary User, 66 Florida. Law Review 1275 (2014) Selected for Plenary Presentation at the Intellectual property Scholars Conference (IPSC)

Unintended Consequences: Prohibitions on Gamete Donor Anonymity and the Fragile Practice of Surrogacy, 10 Indiana Health Law Review 291 (2013) (symposium)

Over-Parenting, 44 U.C. Davis L. Rev. 4 (2011) (with Zvi Triger) Article featured in: The NY Times, Forbes, ABC News, ABA Journal Magazine, ABA Journal Website, AOL, Israel's National Radio, Time-Out Tel-Aviv and Yediot's 7 Days.

In the Shadow of Innovation, 31 (6) Cardozo Law Review 2257 (2010) (with Empirical Appendix) Selected to the Stanford-Yale Junior Faculty Forum.

Regulating the Technologies of Reproduction: Timing, Uncertainty and Donor Anonymity, 90 Boston University L. Rev. 1189 (2010)

Direct-to-Consumer Genetic Testing: Gatekeeping the Production of Genetic Information, 79(2)UMKC Law Review 283 (2010) (symposium)

Toward a General Theory of Law and Technology: Symposium Introduction, 8 Minnesota J. Law, Science and Technology 441 (symposium) (2007)

The Role of Diffusion Characteristics in Formulating a General Theory of Law and Technology, Minnesota J. Law, Science and Technology 623 (symposium) (2007)

The Paradoxes of Technological Diffusion: Genetic Discrimination and Internet Privacy, 39 Connecticut L. Rev. 241 (2006)

When New Technologies Are Still New: Windows of Opportunity for Privacy Protection, 51 Villanova Law Review 921 (symposium) (2006)

Information Technologies and Identity, Computer Law Review International 1 (2005)

Accommodating Technological Innovation: Identity, Genetic Testing and the Internet, 57 Vanderbilt L. Rev. 963 (2004)

The Socio-Legal Acceptance of New Technologies: A Close Look at Artificial Insemination, 77(4) Washington L. Rev. 1035 (2002)


End Users and Standing to Sue in Patent Litigation

Under the Parental Gaze: Social Networks, Intensive Parenting and Children's Privacy.

The Right not to Know