About the Authors
Craig A. Nard
B.A. 1987 (Washington & Jefferson)
J.D. 1990 (Capital)
J.S.D. 1999 (Columbia)
Craig A. Nard is the Tom J.E. and Bette Lou Walker Professor of Law and the founding director of the Center for Law, Technology and the Arts at Case Western Reserve University of Law. He is also a Senior Lecturer at the World Intellectual Property Organization Academy at the University of Torino, Italy, and Principal Advisor to the Center for Studies and Research in Intellectual Property in Calcutta, India. Craig practiced intellectual property law in Dallas, Texas prior to becoming the Julius Silver Fellow in Law, Science, and Technology at Columbia University School of Law. After his fellowship, he clerked on the United States Court of Appeals for the Federal Circuit in Washington, D.C. for the Honorable Helen W. Nies, and then the Honorable Giles S. Rich. Craig has published in various law reviews, including the Northwestern Law Review, Georgetown Law Journal, Minnesota Law Review, Illinois Law Review, Indiana Law Journal, Harvard Journal of Law & Technology, Review of Law & Economics, William & Mary Law Review, and the Wake Forest Law Review. He is also the author of the patent law casebook, The Law of Patents (Aspen Publishers 2008), Fundamentals of United States Intellectual Property Law, (Kluwer Law International 2006) (with Halpern and Port) and The Law of Intellectual Property (Aspen Publishing) (2005) (with Madison and Barnes). Craig served as member of the Northern District of California Advisory Committee on Model Patent Jury Instructions appointed by the Honorable Ronald M. Whyte of the Northern District of California. He is licensed to practice before the Patent and Trademark Office and is a member of the Texas bar.
- Patent Law: Concepts and Insights (Foundation Press 2005)(w/ R.P. Wagner)
- The Law of Intellectual Property (Aspen 2005)(w/ D. Barnes and M. Madison)
- Principles of Patent Law (Foundation Press 2004 - 3rd ed) (w/ D. Chisum, H. Schwartz, P. Newman, and F.S. Kieff)
- Constitutionalizing Patents: From Venice to Philadelphia (w/ A. Morriss)
- Legal Forms and the Common Law of Patents, Boston University Law Review.
- Fundamentals of United States Intellectual Property Law, (Kluwer Law International 2005 - 2nd ed) (w/ S. Halpern and K. Port)
- In Defense of Geographic Disparity, 88 Minnesota Law Rreview 221 (2003)
- Toward a Cautious Approach to Obeisance: The Role of Scholarship in Patent Law Jurisprudence, 39 Houston Law Review 101 (2002)
- A Theory of Claim Interpretation, 14 Harvard Journal Of Law & Technology 1 (2000)
David W. Barnes
J.D., University of Pennsylvania
Ph.D., M.A., Virginia Polytechnic Institute
A.B., Dartmouth College
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.
- The Law of Intellectual Property, Aspen Publishers, Inc. (2006) (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)
- The Economics of Property Rightsw and Nuisance 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 Contract 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)
- 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)
- Misappropriation of Trademark, 9 North Carolina J. Law and Technology, 2008
- Trademark Externalities, 10 Yale J. Law and Technology, 2007
- A New Economics of Trademarks, 5 Northwestern J. Technology and Intellectual Property 22, 2006
- 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
- A Unifying Theory of Contract Damages, 55 Syracuse L. Rev. 495, 2005, (D. Zalesne)
- Classic Fair Use in Trademark: Confusion about Defenses, 20 Santa Clara Computer and High Tech L. J. 833 (2004) (T. Laky)
- The Shadow Code, 56 South Carolina L. Rev. 93, 2004, (D. Zalesne)
- General Acceptance versus Scientific Soundness: Mad Scientists in the Courtroom, 31 Florida State L. Rev. 303, 2004
- Remedies for Imperfect Transactions in Contracts and Torts, 38 San Diego L. Rev. 193, 2001
- The Net Expectation Interest in Contract Damages, 49 Emory L.J. 1137, 1999
- 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 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)
Mark P. McKenna teaches and writes in the area of intellectual property. Professor McKenna is widely recognized as a leading scholar in the trademark area, having published a number of articles in leading law journals on the topic of trademark law. He has also written about copyright law, the right of publicity, and the intersection of intellectual property rights regimes. Some of his latest projects deal with concerns about intergenerational equity in intellectual property and the role of the placebo effect in intellectual property policy.
Professor McKenna joined the Notre Dame Law School faculty on a permanent basis in the Fall of 2008 after visiting for a semester in the Spring of 2008. Prior to joining the faculty, Professor McKenna was a member of the faculty at Saint Louis University School of Law and practiced law with an intellectual property firm in Chicago, where he primarily litigated trademark and copyright cases. He graduated from the University of Notre Dame in 1997 with a degree in Economics and earned his J.D. from the University of Virginia School of Law in 2000.
In addition to various intellectual property courses, Professor McKenna teaches the first year Torts class and has previously taught Civil Procedure.
- A Consumer Decision-Making Model of Trademark Law, 97 VIRGINIA LAW REVIEW (2011).
- Owning Mark(et)s, 109 MICH. L. REV. 137 (2010) (with Mark A. Lemley).
- Irrelevant Confusion, 62 STAN. L. REV. 413 (2010) (with Mark A. Lemley).
- Testing Modern Trademark Law’s Theory of Harm, 95 IOWA L. REV. 63 (2009).
- Trademark Use and the Problem of Source, 2009 U. ILL. L. REV. 773 (2009).
- The Normative Foundations of Trademark Law, 82 NOTRE DAME L. REV. 1839 (2007); reprinted at 97 TRADEMARK REP. 1126 (2007).
- The Right of Publicity and Autonomous Self-Definition, 67 U. PITT. L. REV. 225 (2005).
Michael J. Madison
J.D., Stanford Law School
B.A., Yale University
Professor Madison writes and teaches about information law and theory. Classroom subjects include various disciplines of intellectual property law, contracts and commercial law, and property law. His scholarship builds on research on common pool resources, on governance, and on "knowledge" as a subject of legal regulation.
Professor Madison joined the University of Pittsburgh Law faculty in 1998. Before becoming a law professor, he practiced law in California for nine years.
Books and Book Chapters
- The Law of Intellectual Property, 2nd edition, (with Craig Nard and David Barnes), includes Teachers' Manual and website (Aspen Publishers, 2009).
- The Law of Intellectual Property
(Aspen Publishers, 2006) (with Craig Nard and David Barnes)
- Fair Use and Social Practices, in Intellectual Property and Information Wealth (Greenwood Publishers, 2006) (Peter Yu ed.)
Articles and Essays
- Constructing Commons in the Cultural Environment, 95 CORNELL L. REV. 657-709 (2010) (with Brett M. Frischmann & Katherine J. Strandburg).
- The Complexity of Commons, 95 CORNELL L. REV. 839-850 (2010) (with Brett M. Frischmann & Katherine J. Strandburg).
- Beyond Creativity, Copyright as Knowledge Law, 12 VANDERBILT J. ENT. & TECH. L. 817-851 (2010).
- Some Optimism About Fair Use and Copyright Law, 57 J. COPYRIGHT SOC'Y U.S.A. 351-370 (2010).
- Of Coase and Comics, or the Comedy of Copyright, 95 VA. L. REV. IN BRIEF 27- 42 (2009).
- Notes on a Geography of Knowledge, 77 FORDHAM L. REV. 2038-2085 (2009).
- The University as Constructed Cultural Commons, 30 WASHINGTON UNIVERSITY J.L. & POL’Y 365-406 (2009) (with Brett M. Frischmann & Katherine J. Strandburg).
- Intellectual Property and Americana, or Why Intellectual Property Gets the Blues, 18 FORDHAM INTELL. PROP. MEDIA & ENT. L.J. 677-710 (2008).
- Writing to Learn Law and Writing in Law: An Intellectual Property Illustration, 52 ST. LOUIS U. L.J. 823-41 (2008).
- Metaphor, Objects, and Commodities, 54 CLEV. ST. L. REV. 141-174 (2006) (with George Taylor).
- The Idea of the Law Review: Scholarship, Prestige, and Open Access 10 Lewis & Clark L. Rev. 901 (2006).
- Social Software, Groups, and Governance 2006 Mich. St. L. Rev. 153
- Law as Design: Objects, Concepts, and Digital Things 56 Case W. Res. L. Rev. 381 (2005).