BCLT Faculty

Deirdre K. Mulligan

Professor in the School of Information and the School of Law

Mulligan’s research explores legal and technical means of protecting values such as privacy, freedom of expression, and fairness in emerging technical systems. Her current work explores the legal and policy implications of using predictive machine learning tools in different contexts, from legal discovery, to content moderation, to healthcare. In 2017, Prof. Mulligan was appointed to a three-year term as a member of DARPA’s Information Science and Technology Study Group, the first lawyer on that body in its 30 year history. She was an inaugural member of the City of Oakland’s Privacy Advisory Commission; a founding board member of the Partnership for AI; a founding member of the Global Network Initiative; Chair Emeritus of the Board of Directors of the Center for Democracy & Technology; and the founding Director of the Samuelson Law, Technology & Public Policy Clinic..

Tejas N. Narechania

Robert and Nanci Corson Assistant Professor of Law

Narechania focuses on matters related to telecommunications regulation and intellectual property. Professor Narechania clerked for Justice Stephen G. Breyer of the Supreme Court of the United States (2015-2016) and for Judge Diane P. Wood of the U.S. Court of Appeals for the Seventh Circuit (2011-2012). He has advised the Federal Communications Commission on network neutrality matters, where he served as Special Counsel (2012-2013). Professor Narechania’s research has appeared in the Columbia Law Review, Georgetown Law Journal, and the Michigan Law Review, among other venues, and his work has been cited by the White House, in the work of the Supreme Court and the federal Courts of Appeals, as well as the New York Times and the Washington Post.

Osagie K. Obasogie

Haas Distinguished Chair and Professor of Law at Berkeley Law with a joint appointment in the School of Public Health Obasogie’s scholarly interests include Constitutional law, policing and police use of force, sociology of law, bioethics, race and inequality in law and medicine, and reproductive and genetic technologies. His writings have spanned both academic and public audiences. His first book, Blinded By Sight: Seeing Race Through the Eyes of the Blind (Stanford University Press), was awarded the Herbert Jacob Book Prize. His current work examines the role of science, medicine, and medical professionals in hindering the ability to hold police officers accountable when they use excessive force; analyzes the legacy of the American eugenics movement and its contemporary impact on law, science, medicine, and technology; studies how legal doctrine produces police violence; and exposes the limitations of DNA databases when they are used in criminal investigations.

Andrea Roth

Professor of Law

Before joining the Berkeley Law faculty, Roth worked as a trial and appellate attorney at the Public Defender Service for the District of Columbia (PDS). She was a founding member of a Forensic Practice Group, which studied and litigated forensic DNA typing. She is also a member of the Constitution Project’s National Committee and is an affiliate of the National Institute of Standards and Technology’s Organization of Scientific Area Committees (OSAC). Her research focuses on the use of forensic science in criminal trials, the continuing viability of the lay jury, and the ways in which concepts of criminal procedure and evidentiary law must be re-theorized in an era of science-based prosecutions.

Pamela Samuelson

Richard M. Sherman Distinguished Professor of Law and Information

Much of Samuelson’s recent work has focused on updating and adapting U.S. copyright law to meet challenges of the digital age. She has written amicus curiae briefs as well as law review and other articles on major software IP cases such as Oracle v. Google. Professor Samuelson is co-founer and board member of Authors Alliance, a nonprofit organization that represents the interests of authors who want their works to be widely available for the public good. She is Chair of the Board of Directors of the Electronic Frontier Foundation, as well as a Contributing Editor to Communications of the ACM, a computing professionals society.

Paul Schwartz

Jefferson E. Peyser Professor of Law Schwartz’s scholarship focuses on how the law has sought to regulate and shape information technology. His most frequent areas of publication concern information privacy and data security. At present, Professor Schwartz is engaged in research into comparative privacy developments in the U.S. and the European Union, cloud computing, and the interplay between state and federal privacy law.

Erik Stallman

Associate Director of the Samuelson Law, Technology & Public Policy Clinic and Assistant Clinical Professor at the UC Berkeley School of Law

Before joining the Samuelson Clinic, Stallman was a policy counsel at Google, focusing on copyright and telecommunications policy. He spent the previous 12 years in Washington D.C. working for the Federal Communications Commission, the U.S. House of Representatives, the law firm Steptoe & Johnson LLP, and then serving as General Counsel and Director of the Open Internet Project at the Center for Democracy & Technology. His research interests include copyright and machine learning, music licensing, and the intersection of copyright and media regulation. Erik is a graduate of Berkeley Law.

Jennifer M. Urban

Clinical Professor of Law and the Director of Policy Initiatives for the Samuelson Law, Technology & Public Policy Clinic Urban’s work considers how the legal, private-ordering, and social systems that govern technology interact with values such as free expression, access to knowledge, freedom to create or innovate, and privacy. With Joe Karaganis, Professor Urban conceived and directs The Takedown Project, a consortium of scholars studying takedown regimes around the world. Her recent research of the DMCA notice-and-takedown system with Karaganis and Brianna L. Schofield reveals notice-and-takedown’s importance to copyright holders, online service providers, and the online ecosystem, along with some weaknesses. Professor Urban’s recent paper with Mark Lemley shows that judges with more experience handling patent cases are more likely to rule for defendants. Urban was recently named Chair of the new California Privacy Protection Agency.

Molly Shaffer Van Houweling

Harold C. Hohbach Distinguished Professor of Patent Law and IP and Associate Dean for J.D. Curriculum and Teaching Van Houweling’s teaching portfolio includes intellectual property, basic property law, and food law and policy. Much of Professor Van Houweling’s research focuses on copyright law’s implications for new information technologies (and vice versa). She often explores this and other intellectual property issues using theoretical and doctrinal tools borrowed from the law of tangible property. Professor Van Houweling is an Associate Reporter on the American Law Institute’s Restatement of the Law, Copyright, and an Adviser to the Restatement of the Law Fourth, Property. She is a member of the Board of Directors of the Authors Alliance and Chair of the Board of Creative Commons.

Rebecca Wexler

Assistant Professor of Law

Wexler focuses on evidence law, criminal procedure, privacy, and intellectual property protections surrounding new datadriven criminal justice technologies. Before joining Berkeley Law, Professor Wexler clerked for Judge Pierre N. Leval of the United States Court of Appeals for the Second Circuit and Judge Katherine Polk Failla of the United States District Court for the Southern District of New York. She worked as a Yale Public Interest Fellow at The Legal Aid Society’s criminal defense practice and as a Lawyer-in-Residence at The Data and Society Research Institute.

Lecturers

David Almeling, Partner at O’Melveny & Myers and author of Trade Secret Law and Corporate Strategy. Identified by IAM 1000 as a “trade secret authority.” Specializes in trade secret counseling and litigation.

Marice Ashe, Founding CEO, ChangeLab Solutions (ret.) and pioneer of the emerging public health law movement.

David Bernstein, Chair of Debevoise’s Intellectual Property Litigation Group and coauthor of the leading treatise on advertising law, The Law of Advertising, Marketing and Promotion. Recognized as “one of the finest trademark litigators in the nation” by Chambers.

Jared Bobrow, Co-chair of Orrick’s Global Intellectual Property Group. Recognized as one of the world’s leading IP litigators by Chambers Global and IAM. Tess Bridgeman, Co-Editorin-Chief of Just Security, former Special Assistant to President Obama, former Associate Counsel to the President, and former Deputy Legal Adviser to the National Security Council (NSC). Specializes in foreign policy and national security policy.

Noah Brumfield, Partner at Allen & Overy. Specializes in antitrust litigation.

Steven Carlson, Partner at Robins Kaplan, co-author of Patents in Germany and Europe: Procurement, Enforcement and Defense, and co-author of Patent Case Management Judicial Guide. Specializes in patent litigation.

Paul Clark, Partner, Seward & Kissel LLP. Specializes in the structuring of new financial products and banking legislation.

Lothar Determann, Partner at Baker McKenzie and author of Determann’s Field Guide to Data Privacy Law and author of California Privacy Law: Practical Guide and Commentary. Recognized as one of the top 10 copyright attorneys and top 25 IP attorneys in California by the Daily Journal.

Roy Eisenhardt, Former President of the Oakland Athletics and former Executive Director of the Women’s Tennis Association. Specializes in sports law.

Justin Erlich, Head of Trust & Safety Policy at TikTok, former Principal Tech Advisor for former California Attorney General Kamala Harris, and former Global Head of Policy for Autonomous Vehicles at Uber. Specializes in innovation development and public policy. Kathryn Fritz, Former Managing Partner and current partner at Fenwick & West. Specializes in trademark law. Tracy Genesen, General Counsel at The Wine Institute. Specializes in regulatory and corporate law, with an emphasis on the alcoholic beverage industry.

Rafael Gomez-Cabrera, Negotiator on network and studio television deals. Head of business affairs, original programming, at the AMC network, AMC Studios, BBC America, IFC and Sundance.

Christopher Hockett, Former global head of antitrust at Davis Polk. Former chair of the ABA Section of Antitrust Law. Recognized as one of “America’s Leading Business Lawyers” by Chambers.

Jeffrey Homrig, Vice Chair of Latham & Watkins’ Intellectual Property Litigation Practice. Specializes in patent litigation.

Eneda Hoxha, Associate, Latham & Watkins. Specializes in patent litigation.

Brian Israel, Associate General Counsel for International Law at NASA. Co-founder and former legal counsel at ConsenSys Space. Specializes in space law and policy.

Alexa Koenig, Lecturer in Residence and Executive Director of the Human Rights Center at Berkeley Law. Co-founder of the Human Rights Center Investigations Lab and co-chair of the Technology Advisory Board of the Office of the Prosecutor at the International Criminal Court. Specializes in human rights investigations and international criminal law. Eric Lancaster, Partner at Allen & Overy. Specializes in antitrust law.

Linda Lichter, Partner at Lichter, Grossman, Nichols, Adler, Feldman, Clark. Recognized by Hollywood Reporter as 100 Most Powerful Women in Hollywood. Recognized by Variety as top 500 most powerful people in the media business. Specializes in Hollywood-related transactions.

Brynly Llyr, General Counsel at CLabs. Specializes in financial regulation and blockchainbased financial products.

Barbara McClung, Chief Legal Officer at Caribou Biosciences. Specializes in IP and corporate legal strategies, with an emphasis on life sciences.

Sonal Mehta, Partner at WilmerHale and Past President of the Federal Circuit Bar Association. Specializes in patent litigation.

Jeffrey Ostrow, Partner at Simpson Thacher and Chair of the IP Practice group; recognized as a Litigation Star for Intellectual Property by Euromoney’s Benchmark Litigation and recognized by the Daily Journal as among the Top 100 IP Lawyers in California.

Matthew Perry, works in the Federal Bureau of Investigation’s Office of the General Counsel. His duties have covered operational and policy matters relevant to counterterrorism, counterintelligence, cyber, and criminal investigations.

Betsy Popken, Partner at Orrick and Co-Founder of Orrick’s Business & Human Rights practice. Member of the Steering Committee of the World Economic Forum’s Responsible Use of Technology Initiative. Specializes in advising clients about human rights issues raised by emerging technologies. Ed Reines, Partner at Weil Gotshal and cohead of the Patent Litigation and Life Sciences practice. Past president of the Federal Circuit Bar Association; recognized by the Daily Journal among their Top Intellectual Property Lawyers.

Carla Shapreau, Lecturer, Senior Fellow, and Curator at University of California Berkeley. Specializes in art and cultural property law.

Daniel Schacht, Partner and co-chair of the Intellectual Property Group at Donahue Fitzgerald. Specializes in IP law with an emphasis on the music industry.

Michael Schallop, Partner at Van Pelt, Yi & James. Specializes in patent prosecution and counseling.

Matthew Show, IP Corporate Counsel at International Flavors & Fragrances. Specializes in life sciences patent prosecution and counseling.

Todd Smithline, Managing principal at Smithline PC and former General Counsel of Marimba.

Recognized as a World’s Leading IP Strategists by Intellectual Asset Management Magazine. Specializes in software law, including video game law.

Sam Swartz, Head of U.S. Public Policy at Stripe. Specializes in technology development and policy.

Talha Syed, Lecturer at Berkeley Law School. Specializes in patents and innovation policies for pharmaceuticals and health care allocation.

Tamar Todd, Legal director, New Approach PAC. Specializes in policy advocacy and regulatory implementation, including cannabis regulation and policy. David Tollen, Founder of Tech Contracts Academy and author of the ABA IT contract manual, The Tech Contracts Handbook. Specializes in drafting and negotiating IT contracts.

Lee Van Pelt, Partner at Van Pelt, Yi & James. Lead coach for national winners in the USPTO Patent Drafting Competition. Specializes in patent prosecution and counseling.

Daniel Wall, Partner at Latham & Watkins. Recognized as a “Star” in U.S. Antitrust Law by Chambers.

Bryn Williams, Attorney with the U.S. Department of Justice. Specializes in disputes arising from emergent technologies, regulation, and competition.

Rachel Zuraw, Director of LL.M. Professional Development, Berkeley Law. Specializes in health care litigation, compliance, and bioethics.

BCLT Faculty Scholarship 2020-2022

Kenneth A. Bamberger

Verification Dilemmas, Law, and the Promise of Zero-Knowledge Proofs, BERKELEY TECH. L.J. (forthcoming 2022) (with Ran Canetti, Shafi Goldwasser, Rebecca Wexler, and Evan Zimmerman)

Lex Algorithmica: Humans and Systems in Content Governance, BERKELEY TECH. L.J. (forthcoming 2021) (with Deirdre K. Mulligan)

Can You Pay for Privacy? Consumer Expectations and the Behavior of Free and Paid Apps, 35 BERKELEY TECH. L.J. 327 (2020) (with Serge Egelman, Catherine Han, Amit Elazari Bar On, and Irwin Reyes)

The Price Is (Not) Right: Comparing Privacy in Free and Paid Apps, 2020 PROC. PRIVACY ENHANCING TECH. 222 (with Catherine Han, Irwin Reyes, Álvaro Feal, Joel Reardon, Primal Wijesekera, Narseo VallinaRodriguez, Amit Elazari, and Serge Egelman)

Mark Cohen

When Sino-American Struggle Disrupts the Supply Chain: Licensing Intellectual Property in a Changing Trade Environment, 20 WORLD TRADE REV. 238 (2020) (with Philip Rogers) A TECHNO-GLOBALIST APPROACH TO INTELLECTUAL PROPERTY AND SUPPLY CHAIN DISRUPTION (Hinrich Foundation 2020) (with Philip Rogers)

Catherine Crump

Why 72 Intellectual Property Scholars Supported Google’s Copyrightability Analysis in the Oracle Case, 36 BERKELEY TECH. L.J. (forthcoming 2021) (with Pamela Samuelson)

Catherine Fisk

Movement Lawyers: The Tension Between Solidarity and Independence, 97 IND. L.J. (forthcoming 2021)

Assumptions About Antitrust and Freelance Work and the Fragility of Labor Relations in American Theatre, 83 OHIO ST. L.J. (forthcoming 2021) (with Brent Salter)

Compelled Disclosure and the Workplace Rights It Enables, IND. L.J. (forthcoming 2021)

Precarious Work and Precarious Welfare: How the Pandemic Reveals Fundamental Flaws of the U.S. Social Safety Net, BERKELEY J. EMP. & LAB. L. (forthcoming 2021)

“People Crushed by Law Have No Hopes but from Power”: Free Speech and Protest in the 1940s, 39 LAW & HIST. REV. 173 (2021)

The Once and Future Countervailing Power of Labor, 130 YALE L.J.F. 685 (2021)

WHAT LAWYERS DO: UNDERSTANDING THE MANY AMERICAN LEGAL PRACTICES (2020) Reforming Law Enforcement Labor Relations, CALIF. L. REV. ONLINE (Aug. 2020) (with Joseph Grodin, Thelton Henderson, John True, Barry Winograd, and Ronald Yank)

Protection by Law, Repression by Law: Bringing Labor Back into the Study of Law and Social Movements, 70 EMORY L.J. 63 (2020) (with Diana S. Reddy)

Covid-19 Reveals Gaping Holes in the U.S. Social Safety Net, CALIF. L. REV. ONLINE (May 2020) (with Catherine Albiston)

Nondisclosure Agreements and Sexual Harassment: #MeToo and the Change in American Law of Hush Contracts, in GLOBALIZATION OF THE METOO MOVEMENT (Ann Noel & David Oppenheimer eds., 2020)

Sustainable Alt-Labor, 95 CHI.-KENT L. REV. 7 (2020)

Intellectual Property History as Labor History, in INTELLECTUAL PROPERTY IN CONTEXT: TOWARD A LAW AND SOCIETY PERSPECTIVE (William Gallagher & Debora Halbert eds., forthcoming 2020)

Chris Jay Hoofnagle

LAW AND POLICY FOR THE QUANTUM AGE (Cambridge University Press 2020) (with Simson Garfinkel)

Sonia Katyal

The Gender Panopticon: Gender, AI and Design Justice, UCLA L. REV. (forthcoming 2021) (with Jessica Jung)

From Trade Secrecy to Seclusion, 109 GEO. L.J. 1337 (2021) (with Charles Tait Graves)

Orin Kerr

Childress Lecture, Email Preservation and the Fourth Amendment, St. Louis U. L.J. (forthcoming 2021) The Questionable Objectivity of Fourth Amendment Law, 99 Tex. L. Rev. 447 (2021)

Decryption Originalism: The Lessons of Burr, 134 HARV. L. REV. 905 (2020)

Peter Menell

Design Patent Law’s Identity Crisis, BERKELEY TECH. L.J. (forthcoming 2021) (with Ella Corren)

The Design Patent Emperor Wears No Clothes: Responding to Advocates of Design Patent Protection for Functionality, BERKELEY TECH. L.J. (forthcoming 2021) (with Ella Corren) THE DESIGN PROTECTION MUDDLE (forthcoming 2021) (with Ella Corren)

Intellectual Property and Social Justice: Mapping the Next Frontier, in HANDBOOK OF INTELLECTUAL PROPERTY AND SOCIAL JUSTICE: ACCESS, INCLUSION, EMPOWERMENT (Steven D. Jamar & Lateef Mtima eds., forthcoming 2021)

TRADE SECRET CASE MANAGEMENT JUDICIAL GUIDE (forthcoming 2021) (with David Almeling, Victoria Cundiff, James Pooley, and Rebecca Wexler) INTELLECTUAL PROPERTY IN THE NEW TECHNOLOGICAL AGE: 2021, VOL. I: PERSPECTIVES, TRADE SECRETS AND PATENTS (Clause 8 Publishing 2021) (with Mark A. Lemley, Robert P. Merges, and Shyamkrishna Balganesh)

INTELLECTUAL PROPERTY IN THE NEW TECHNOLOGICAL AGE: 2021, VOL. II: COPYRIGHTS, TRADEMARKS AND STATE IP PROTECTIONS (Clause 8 Publishing 2021) (with Mark A. Lemley, Robert P. Merges, and Shyamkrishna Balganesh)

INTELLECTUAL PROPERTY STATUTES: 2021 (Clause 8 Publishing 2021) (with Mark A. Lemley, Robert P. Merges, and Shyamkrishna Balganesh) Restatements of Statutory Law: The Curious Case of the Restatement of Copyright, 44 COLUM. J.L. & ARTS 285 (2021) (with Shyamkrishna Balganesh)

A Remix Compulsory Licensing Regime for Music Mashups, in ROUTLEDGE COMPANION TO COPYRIGHT AND CREATIVITY IN THE 21ST CENTURY (Michelle Bogre & Nancy Wolff eds., (2020)

Revisiting and Confronting the Federal Judiciary Capacity “Crisis”: Charting a Path for Federal Judiciary Reform, 108 CALIF. L. REV. 789 (2020) (with Ryan Vacca)

The Use of Technical Experts in Software Copyright Cases: Rectifying the Ninth Circuit’s “Nutty” Rule, 35 BERKELEY TECH. L.J. 663 (2020) (with Shyamkrishna Balganesh)

Brief of Professors Peter S. Menell, David Nimmer, and Shyamkrishna Balganesh as Amici Curiae Supporting Petitioner, Google LLC v. Oracle America, Inc., U.S. Supreme Court, No. 18-945 (2020)

Brief of Professors Shyamkrishna Balganesh and Peter S. Menell as Amici Curiae Supporting Respondent, Georgia v. Public.Resource.Org, Inc., U.S. Supreme Court, No. 18-956 (2019)

Brief of Professors Jeffrey A. Lefstin and Peter S. Menell as Amici Curiae Supporting Petition for a Writ of Certiorari, Athena Diagnostics, Inc. v. Mayo Collaborative Services, LLC, U.S. Supreme Court, No. 19-430 (2019)

Brief of Professors Peter S. Menell, Shyamkrishna Balganesh, and David Nimmer as Amici Curiae Supporting Petitioners, Dr. Seuss Enterprises, L.P. v. ComicMix LLC, U.S. Court of Appeals for the Ninth Circuit, No. 19-55348 (2019) Google v. Oracle and the Grateful (API) Dead: What a Long Strange Trip It’s Been, S.F. DAILY JOURNAL (Apr. 12, 2021)

Justices Need to Hear Oracle, L.A. DAILY JOURNAL (Mar. 22, 2019) (with David Nimmer)

Robert Merges

AMERICAN PATENT LAW: A BUSINESS AND ECONOMIC HISTORY (forthcoming 2021)

After the Trolls: Patent Litigation as Ex-Post Market Making, AKRON L. REV. (forthcoming 2021)

INTELLECTUAL PROPERTY STATUTES: 2021 (Clause 8 Publishing 2021) (with Peter S. Menell, Mark A. Lemley, and Shyamkrishna Balganesh)

INTELLECTUAL PROPERTY IN THE NEW TECHNOLOGICAL AGE: 2021, VOL. I: PERSPECTIVES, TRADE SECRETS AND PATENTS (Clause 8 Publishing 2021) (with Peter S. Menell, Mark A. Lemley, and Shyamkrishna Balganesh)

INTELLECTUAL PROPERTY IN THE NEW TECHNOLOGICAL AGE: 2021, VOL. II: COPYRIGHTS, TRADEMARKS AND STATE IP PROTECTIONS (Clause 8 Publishing 2021) (with Peter S. Menell, Mark A. Lemley, and Shyamkrishna Balganesh)

INTELLECTUAL PROPERTY STRATEGY FOR BUSINESS (2020) (with Fang (Helen) Liu)

Patent Markets and Innovation in the Era of Big Platform Companies, 34 BERKELEY TECH. L.J. 53 (2020)

Deirdre Mulligan

Lex Algorithmica: Humans and Systems in Content Governance, BERKELEY TECH. L.J. (forthcoming 2021) (with Kenneth A. Bamberger)

Through the Handoff Lens: Competing Visions of Autonomous Futures, 35 BERKELEY TECH. L.J. 835 (2020) (with Jake Goldenfein, Helen Nissenbaum, and Wendy Ju)

Tejas Narechnia

Machine Learning as Natural Monopoly, IOWA L. REV. (forthcoming 2022)

Convergence and a Case for Broadband Rate Regulation, BERKELEY TECH. L.J. (forthcoming 2022)

Internet Federalism, 34 HARV. J.L. & TECH. 547 (2021) (with Erik Stallman) Symmetry and (Network) Neutrality, 119 MICH. L. REV. ONLINE 46 (2020)

Judge Wood and the Human Side of Judging, U. CHI. L. REV. ONLINE (Dec. 2020)

Defective Patent Deference, 95 WASH. L. REV. 869 (2020)

Interbranch Information Sharing: Examining the Statutory Opinion Transmission Project, 108 CALIF. L. REV. 917 (2020) (with Marin K. Levy)

The Secret Life of a Text Message, 120 COLUM. L. REV. FORUM 198 (2020)

Certiorari in Important Cases, Columbia Law Review (forthcoming 2022)

Osagie K. Obasogie

PERFECT ALIBI: MURDER IN SILICON VALLEY AND THE FALSE PROMISE OF DNA DATABASES (Stanford UniversityPress, forthcoming)

Plainly Incompetent: How Qualified Immunity Became an Exculpatory Doctrine of Police Excessive Force, 170 U. PA. L. REV. (forthcoming 2022) (with Anna Zaret)

Excited Delirium and Police Use of Force, 107 VA. L. REV. (forthcoming 2021)

An Empirical Examination of Race, Racism, and Police Use of Force in 21st Century Criminology, 69 UCLA L. REV. (forthcoming 2021) (with Peyton Provenzano)

Medical Professionals, Excessive Force, and the Fourth Amendment, 109 CALIF. L. REV. 1 (2021) (with Anna Zaret) TRUMPISM AND ITS DISCONTENTS (editor) (Berkeley Public Policy Press 2020)

More Than Bias: How Law Produces Police Violence, 100 B.U. L. REV. 771 (2020)

Andrea Roth

Principles to Govern Regulation of Digital and Machine Evidence, in (RO)BOT-HUMAN INTERACTION AND THE DIGITAL SHIFT IN THE ADMINISTRATION OF CRIMINAL JUSTICE (Swiss National Research Foundation ed., forthcoming 2022)

From Damage Caps to Decarceration: Extending Tort Law Safeguards to Criminal Sentencing, 101 B.U. L. REV. (forthcoming 2021) (with Jane R. Bambauer)

Admissibility of DNA Evidence in Court, in SILENT WITNESS: APPLYING FORENSIC DNA EVIDENCE IN CRIMINAL INVESTIGATIONS AND HUMANITARIAN DISASTERS (Henry Erlich, Eric Stover, & Thomas J. White eds., 2020)

The Use of Algorithms in Criminal Adjudication, in CAMBRIDGE HANDBOOK OF THE LAW OF ALGORITHMS (Woodrow Barfield ed., 2020)

EVIDENCE: CASES, COMMENTARY, AND PROBLEMS (5th ed. 2020) (with David A. Sklansky)

SCIENTIFIC EVIDENCE (6th ed. 2020) (with Paul C. Giannelli, Edward J. Imwinkelried, Jane Campbell Moriarty, and Valena Elizabeth Beety)

Pamela Samuelson

Interfaces and Interoperability After Google v. Oracle, 100 TEX. L. REV. (forthcoming 2021) (with Mark A. Lemley) Withholding Injunctions in Copyright Cases: The Impact of eBay, 63 WM. & MARY L. REV. (forthcoming 2021)

Why 72 Intellectual Property Scholars Supported Google’s Copyrightability Analysis in the Oracle Case, 36 BERKELEY TECH. L.J. (forthcoming 2021) (with Catherine Crump)

Pushing Back on Stricter Copyright ISP Liability Rules, 27 MICH. TECH. L. REV. 299 (2021)

Text and Data Mining of In-Copyright Works: Is It Legal?, 64 COMM. ACM (forthcoming Nov. 2021)

Reimplementing Software Interfaces Is Fair Use, 64 COMM. ACM 24 (July 2021)

The Push for Stricter Rules for Internet Platforms, 64 COMM. ACM 26 (Mar. 2021)

Copyright’s Online Service Providers Safe Harbors Under Siege, 63 COMM. ACM 25 (Nov. 2020) Recalibrating the Disgorgement Remedy in Intellectual Property Cases, 100 B.U. L. REV. 1999 (2020) (with John M. Golden and Mark P. Gergen)

Regulating Technology Through Copyright Law: A Comparative Perspective, 42 EUR. INTELL. PROP. REV. 214 (2020)

AI Authorship?, 63 COMM. ACM 20 (July 2020)

The Disgorgement Remedy of Design Patent Law, 108 CALIF. L. REV. 183 (2020) (with Mark Gergen)

Review, Intellectual Property Rights: A Destroyer As Well As a Creator of Jobs?, JOTWELL (Feb. 2020)

Paul Schwartz

ALI Data Privacy: Overview and Black Letter Text, 68 UCLA L. REV. (forthcoming 2021) (with Daniel J. Solove)

The Data Privacy Law of Brexit: Theories of Preference Change, 22 THEORETICAL INQ. L. 111 (2021)

INFORMATION PRIVACY LAW (7th ed. 2021) (with Daniel J. Solove)

PRINCIPLES OF THE LAW, DATA PRIVACY (American Law Institute 2020) (with Daniel J. Solove)

Illusions of Consent and COVID-19-Tracking Apps, IAPP PRIVACY PERSPECTIVES (May 2020)

Jennifer Urban

The Right to Contest AI, COLUM. L. REV. (forthcoming 2021) (with Margot E. Kaminski)

Molly Van Houweling

The New Private Law and Intellectual Property: Calibrating Copyright on the Common Law Continuum, in OXFORD HANDBOOK OF THE NEW PRIVATE LAW (Andrew S. Gold et al. eds., 2020) Intellectual Property as Property, in 1 Research Handbook on the Economics of Intellectual Property Law (Ben Depoorter and Peter Menell, eds., 2019)

Rebecca Wexler

The CLOUD Act and the Accused, in DATA & DEMOCRACY SYMPOSIUM (Knight Institute, forthcoming 2022)

Verification Dilemmas, Law, and the Promise of Zero-Knowledge Proofs, BERKELEY TECH. L.J. (forthcoming 2022) (with Kenneth A. Bamberger, Ran Canetti, Shafi Goldwasser, and Evan Zimmerman)

TRADE SECRET CASE MANAGEMENT JUDICIAL GUIDE (forthcoming 2021) (with Peter Menell, David Almeling, Victoria Cundiff, and James Pooley)

Petition for a Writ of Certiorari, Colone v. Superior Court (GitHub, Inc.), U.S. Supreme Court, No. 201474 (2021) (with Erwin Chemerinsky)

Privacy as Privilege: The Stored Communications Act and Internet Evidence, 134 HARV. L. REV. 2721 (2021)

Privacy Asymmetries: Access to Data in Criminal Defense Investigations, 68 UCLA L. REV. 212 (2021)

How Well-Intentioned Privacy Laws Can Contribute to Wrongful Convictions, BROOKINGS TECHTANK BLOG (Feb. 2020) (with John Villasenor)