David Barnes   

Professor David Barnes

Professor of Law

  • Degrees:

  • J.D. University of Pennsylvania Ph.D., M.A., Virginia Polytechnic Institute A.B. Dartmouth College
  • Contact:

  • david.barnes@shu.edu
  • Tel:  973-642-8800
  • SSRN Site link
  • Curriculum Vitae
  • Courses:

  • Intelletctual Property I, Torts I, Antitrust, The Doctrine of Unconscionability

David Jake Barnes is the Seton Hall University Distinguished Research Professor Law. Professor Barnes began teaching at Seton Hall in 1999 after being the Charles W. Delaney Professor of Law at the University of Denver and teaching with the economics and the law faculties at Syracuse University. Professor Barnes’ educational background includes undergraduate study at Dartmouth College and Wellesley College, an M.A. and Ph.D. in economics from Virginia Polytechnic Institute, and a J.D. from the University of Pennsylvania Law School.

His casebooks and treatises include THE LAW OF INTELLECTUAL PROPERTY; BASIC TORT LAW: CASES, PROBLEMS, STATUTES, AND MATERIALS; CASES AND MATERIALS ON LAW AND ECONOMICS; STATISTICAL EVIDENCE IN LITIGATION: METHODOLOGY, PROCEDURE, AND PRACTICE; AND STATISTICS AS PROOF: FUNDAMENTALS OF QUANTITATIVE EVIDENCE. He has written dozens of articles in various areas of law including torts, intellectual property, contracts, antitrust, environmental law, evidence, remedies, and the use of statistical and scientific methods in court.



Congestible Intellectual Property and Impure Public Goods, 9 Northwestern J. Technology and Intellectual Property 533 (2011)

Free Riders and Trademark Law's First Sale Rule, 27 Santa Clara Computer and High Technology Law Journal 457 (2011)

The Incentives/Access Tradeoff, 9 Northwestern J. Technology and Intellectual Property 96 (2010)

One Trademark Per Source, 18 Texas Intellectual Property Law J. 1 (2009)

Misappropriation of Trademark, 9 North Carolina J. Law and Technology 171 (2008)

Trademark Externalities, 10 Yale J. Law and Technology (2007)

A New Economics of Trademarks, 5 Northwestern J. Technology and Intellectual Property 22 (2006)

A Unifying Theory of Contract Damages, 55 Syracuse L. Rev. 495 (2005) (D. Zalesne)

An Alternative Torts Model of Secondary Copyright Liability, 55 Case Western Reserve L. Rev. 867 (2005)

Imwinkleried’s Argument for Normative Ethical Testimony, 33 J. Law, Medicine & Ethics 234 (2005)

Classic Fair Use in Trademark: Confusion about Defenses, 20 Santa Clara Computer and High Tech L. J. 833 (2004) (T. Laky)

General Acceptance versus Scientific Soundness: Mad Scientists in the Courtroom, 31 Florida State L. Rev. 303 (2004)

The Shadow Code, 56 South Carolina L. Rev. 93 (2004) (D. Zalesne)

Remedies for Imperfect Transactions in Contracts and Torts, 38 San Diego L. Rev. 193 (2001)

Antitrust, The Rule of Reason, and Democracy: A Letter from Justice William O. Douglas, 14 Rev. of Industrial Organization 115 (1999)

Gender, Risk Preferences, and Negotiation Performance, 5 Michigan J. on Gender and Law 299 (1999) (C. Craver)

The Net Expectation Interest in Contract Damages, 49 Emory L.J. 1137 (1999)

The Anatomy of Contract Damages and Efficient Breach Theory, 6 So. Calif. Interdisciplinary L. J. 397 (1998)

An Economic and Empirical Analysis of Certain Linguistic Practices Concerning Admission of Evidence, 91 Northwestern Univ. L. Rev. 637 (1997) (sub nom Jake Barnes)


Comment on the Age Discrimination Example, 42 Jurimetrics J. 301 (2002)

Too Many Probabilities: Statistical Evidence of Tort Causation, 64 Law and Contemporary Problems 191 (2001)


Trademark and Unfair Competition Law in an Intellectual Property Context, Aspen Publishers, Inc. (2014)

The Law of Intellectual Property, Aspen Publishers, Inc. (2006) (2008) (C. Nard and M. Madison)

Basic Tort Law: Cases, Statutes, Problems, and Materials, Aspen Publishers, Inc. (2003 and subsequent editions) (A. Best)

Cases and Materials on Law and Economics (with Teacher's Manual), West Publishing Co. (1992) (L. Stout)

Economic Foundations of Regulation and Antitrust Law (with Teacher's Manual), West Publishing Co. (1992) (L. Stout)

The Economic Analysis of Tort Law (with Teacher's Manual), West Publishing Co. (1992) (L. Stout)

The Economics of Constitutional Law and Public Choice (with Teacher's Manual), West Publishing Co. (1992) (L. Stout)

The Economics of Contract Law (with Teacher's Manual), West Publishing Co. (1992) (L. Stout)

The Economics of Property Rights and Nuisance Law (with Teacher's Manual), West Publishing Co. (1992) (L. Stout)

Statistical Evidence in Litigation: Methodology, Procedure, and Practice, Little, Brown and Co. (1986 and updated supplements) (J. Conley)

Statistics as Proof: Fundamentals of Quantitative Evidence, Little, Brown and Co. (1983)