Biography
Education

     B.A., summa cum laude, Harvard University (1996).

     M.Phil., Marshall Scholar, Oxford University (1998).

     J.D., Coker Fellow, Yale Law School (2001).

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, and many other publications.  He has appeared on CNN to comment on Google's China policy.  He has been interviewed on search engine regulation on David Levine's Hearsay Culture podcast (Jan. 24, 2007) and on National Public Radio's Talk of the Nation. 


 
Publications and Conferences
 
Articles, Book Chapters, and Works in Progress
 

Information Law

 Health Law
Copyright in an Era of Information Overload, 60 Vanderbilt L. Rev. (2006). The Three Faces of Retainer Care,
7 Yale J. Health Pol'y, L., & Ethics 39 (2007).
Rankings, Reductionism, and Responsibility, 54 Clev. St. L. Rev. 115 (2006). Two Concepts of Immortality: Reframing Public Debate on Stem Cell Research, 14 Yale J. L. & Hum. 73 (2002).
Toward an Ecology of Intellectual Property, 8 Yale J. L. & Tech. 78 (2006). Technology, Competition, and Values, 9 Minn. J. L., Sci., & Tech. (forthcoming, 2007).
Breaking the Vicious Circularity: Sony's Contribution to the Fair Use Doctrine, 55 Case W. Res. L. Rev. 777 (2005). Taxing Tiering: Toward the Joint Maximization of Access, Quality, and Cost-Control in Health Care (in progress). 
Beyond Napster, 8 B.U. J. Sci. & Tech. L. 451 (with Weatherall & Fagin) (2002). Politics & Jurisprudence
Federal Search Commission? Access, Fairness, and Accountability in the Law of Search (with Oren Bracha) (in progress). Reclaiming Egalitarianism in the Political Theory of Campaign Finance Reform, forthcoming in Illinois L. Rev. (2008). 
How Innovation Can Undermine Equity and Efficiency: The Rise of Primarily-Position-Enhancing Information (in progress). The Business Model of Governance, in The Role of the State in Competition and Intellectual Property Policy in Latin America (Beatriz Boza, ed., 2000).
Internet Nondiscrimination Principles: Commercial Ethics for Carriers and Search Engines,  16 U.Chi.Leg.F. (forthcoming, 2008). Market and Culture: The Naivete of Neutrality, in Proceedings of the United Kingdom Political Studies Association (1998).
Asterisk Revisited: Debating a Right of Reply on Search Results,  3 j. Business L. & Tech. (forthcoming, 2008) (special symposium on search engines).  
The Buying Power Externality (in progress). 

 

  

Presentations

Information Law

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).

Rankings and Reductionism in the Law of Search, Presentation to the Stanford Center for Internet and Society (2006); 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 (2006); May Gathering at University of Virginia (2006).

Theories of Law & Technology, Commentary on Panel at Law & Society Conference (2006); Presentation at the International Association of Science and Technology Studies Conference (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. (February, 2005); Seton Hall Faculty Workshop (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

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 (upcoming, June 2008).

Taxation of Cosmetic Surgery: Responding to the Critics, Health Law Professors' Conference at Drexel University (upcoming, June 2008).

Medical Tourism in LDC's: Diverting Doctors or Increasing Investment?, Wisconsin International Law Journal Symposium on Cross-Border Health Care (upcoming, June 2008).

Technology, Competition, and Values, Yale Information Society Project (2007).

Tax Tiering: Toward the Joint Maximization of Access, Quality, and Cost-Control in Health Care, Health Law Professors' Conference at Boston University (2007).

Medicare Part D and Pharmaceutical Companies' Patient Assistance Programs, CLE Presentation to the New Jersey Intellectual Property Lawyers Association (2007).

Medicine as a Positional Good, Health Law Scholars Workshop, St. Louis University (St. Louis, 2005).

Politics & Jurisprudence

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).