Data breaches are pervasive and costly. Recent civil data breach cases have centered on the consumer credit card payment chain in the retail industry. An important issue in such cases is whether the economic loss doctrine should bar negligence claims for purely pecuniary losses suffered by a...

This article argues that U.S. law concerning government access to data at rest and data in motion is inadequate in the era of encryption and cloud computing. The article suggests that, contrary to the claims of some encryption advocates, provisions that would allow government access to encrypted...

This paper employs the empirical tools of social network analysis to examine the “property as social relations” approach to intellectual property. Social network analysis seeks to describe and model society and culture based on the connections between agents in a network. A “property as...

This essay sketches out a virtue ethics/virtue jurisprudence approach to biotechnology intellectual property policy. The debate over biotechnology intellectual property policy seems intractable. Instrumentalists dicker about how to tweak incentives in order to produce the best mix of innovation...

The article provides a game theoretic political economy analysis of efforts to encode "open source" and "open access" intellectual property norms into public policy via the international intellectual property system. My game theory models are unique in that they account for three factors that...

Current international patent rules strike an uneasy balance between conflicting views about patents. The precarious nature of this balancing act is illustrated by the recent heated debate about the conditions under which compulsory licenses will be available for certain essential medicines under...