Law Faculty Repository »
Law Review Articles
Trading Up: Is Section 337 the New ATS?, forthcoming, 107 Iowa L. Rev. __ (2022) (with Michael Sant’Ambrogio).
Laboratories of Extraterritoriality, forthcoming, 29 Geo. Mason. L. Rev. __ (2021) (with Jenna Foos).
The Chinese Copyright Dream, forthcoming, _ Pepp. L. Rev. __ (2021) (with Eric Priest).
Redeeming Globalization through Unfair Competition Law, 41 Cardozo L. Rev. 2435 (2020) (with Eric Priest), selected for the 2015 Harvard-Yale-Stanford Junior Faculty Forum.
Does Copyright Help or Harm Cultural Diversity in the Digital Age?, 32 Kritika Kultura 397 (2018).
The Role of Copyright in Creative Industry Development, 10 L. & Dev. Rev. 521 (2017).
Traditional Knowledge Rights and Wrongs, forthcoming, 20 Va. J. L. & Tech. 82 (2016), selected for the 2015 Yale-Stanford-Harvard Junior Faculty Forum.
Making Copyright Work for Creative Upstarts, 22 Geo. Mason. L. Rev. 1021 (2015).
Cultivating Capabilities for Creative Industry Upstarts, forthcoming, 21 Mich. St. Int’l L. Rev. 547 (2013).
Folklore 2.0: Preservation through Innovation, 2012 Utah L. Rev. 1835; selected for inclusion in the 2011 Stanford-Yale Junior Faculty Forum.
Accentuating the Positive: Building Capacity for Creative Industries into the Development Agenda for Global Intellectual Property Law, 28 Am. Univ. Int’l L. Rev. 223 (2012).
Beyond Culture vs. Commerce: Decentralizing Cultural Protection to Promote Diversity Through Trade, 31 Northwestern J. Int'l L. & Bus. 63 (2011).
Patents On a Shoestring: Making Patent Protection Work for Developing Countries, 23Georgia St. Univ. L. Rev. 755 (2007).
Antisubordination of Whom? What India’s Answer Tells Us About the Meaning of Equality in Affirmative Action, 41 U.C. Davis L. Rev. 289 (2007).
TRIPS: A Link Too Far? A Proposal for Procedural Constraints on the Use of Cross-Issue Linkages to Advance Regulatory Harmonization in the WTO, 10 Marq. Intell. Prop. L. Rev. 215 (2006).
Strictness vs. Discretion: The European Court of Justice’s Variable Vision of Gender Equality, 51 Am. J. Comp. L. 553 (2003).*
Strictness and Subsidiarity: An Institutional Perspective on Affirmative Action at the European Court of Justice, 26 B.C. Int’l & Comp. L. Rev. 35 (2003).
Caveat Lawyer: The Restatement of the Law of Lawyers’ ‘Invite to Rely’ Standard for Attorney Liability to Nonclients, 34 Tort & Ins. L. J. 1121 (1999).
Is Busing Preferential? An Interpretive Analysis of Proposition 209, 21 Whittier L. Rev. 3 (1999).
Presentations
Trademarking the Blockchain Enterprise, Intellectual Property Law Scholars Conference, DePaul
University College of Law, August 8, 2019.
Trademarking the Blockchain Enterprise, Conference on Innovation and Communications Law,
University of Nevada Las Vegas School of Law, May 4, 2019
Does Copyright Help or Harm Cultural Diversity in the Digital Age?, Cultural Practices and Policies
in the Digital and Global Age Conference, Ateneo de Manila University, November 22, 2018.
The Korean Wave and Copyright: The Hidden Virtues of Indirect Subsidization, World Hallyu
Conference, Osaka Kansai University, November 17, 2018.
Enforcing Global Justice Administratively, American Society of International Law, Midyear Meeting
Research Forum, UCLA School of Law, November 9, 2018.
Unfair Competition as Global Governance, Mid-West ASIL-Midwest Works-In-Progress Workshop,
Southern Illinois University College of Law, September 8, 2018.
Much Ado About (IP) Norms, Intellectual Property Scholars Conference, University California at Berkeley
School of Law, August 8, 2018.
Rethinking Commodification of Intangible Heritage: Cultural Islands, Dynamic Meanings, International
Society for the History and Theory of Intellectual Property, University of Roma Tre, July 5, 2018.
Edited Volume
Transnational Culture in the Internet Age (with Adam Candeub, Elgar 2012).
Book Chapters
Copyright & Cultural Development: Emerging Creative Industries in the Digital Age, in Peter Menell & Ben Depoorter, eds., Handbook on the Law & Economics of Intellectual Property (Edward Elgar, forthcoming 2016).
Digital Content Production in Nigeria and Brazil: A Case for Cultural Optimism?, in Transnational Culture in the Internet Age (2012).
Introduction: Navigating in the Dark When Bits Have No Borders, in Transnational Culture in the Internet Age (2012), (with Adam Candeub).
Comparisons in Color Consciousness: Targeting Affirmative Action in India, France and the US, in Barbara Pozzo, ed., Multiculturalisms: Meanings and Perspectives of Multiculturalism in a Global World (2009).
Copyright Law
(Formerly DCL 375)
According to Article 1, Section 8, Clause 8 of the U.S. Constitution, Congress has the power to promote the "progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries." Congress has adopted copyright statutes to protect forms of expression, which include computer software. This course will explore the history of copyright protection, with a particular emphasis on entertainment litigation.
Intellectual Property Survey
(Formerly DCL 321 and LAW 533V)
Formerly known as Intellectual Property Law. This course could be offered for 2 or 3 credits.
This course is a survey of all Intellectual Property law, including patents, copyrights, trademarks, and trade secret law. No technical degree is necessary.
International Intellectual Property Law
International Intellectual Property Law begins with overview of the purposes of intellectual property under U.S. law, then looks at rapidly developing treaty regimes, reciprocal international legislation particularly focusing on patent law, and international cases for the protection of scientific invention and ownership issues in the global markets that affect the rights of authors and inventors. Some attention will also focus on United States export control laws.
Torts I
(Formerly DCl 141)
The study of the protection that the law affords against interference by others with one's person, property or intangible interest. It is broadly divisible into three areas of liability: intentional interference, negligence and strict liability. Specific tort actions and defenses are analyzed. Each is examined in the context of underlying social and economic factors that provide the framework in which law develops and social conflict is managed.