|Lynn||Kalamaros||1100 Eck Hall of Law||574.631.6627||Lynn.E.Kalamaros.firstname.lastname@example.org|| || ||Adjunct Professor||LKALAMAR|
|M.||Kaveny||Cathleen||3115 Eck Hall of Law||574.631.7844||574.631.4197||M.Cathleen.Kaveny.email@example.com||http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=431247||http://www.nd.edu/~ndlaw/faculty/cv/kaveny_cv.pdf|| || |
- European Law
- Law & Medicine
- Medical Ethics
- Moral Philosophy
|Left NDLS Fall 2013
Professor M. Cathleen Kaveny, a scholar who focuses on the relationship of law and morality, joined the Notre Dame Law School faculty as an associate professor in 1995 and was named the John P. Murphy Foundation Professor of Law in 2001. She earned her A.B. summa cum laude from Princeton University in 1984, and holds four graduate degrees from Yale University including her M.A. (1986), M.Phil (1990), J.D. (1990) and Ph.D. (1991). A member of the Massachusetts Bar since 1993, Professor Kaveny clerked for the Honorable John T. Noonan Jr. of the U.S. Court of Appeals for the Ninth Circuit and worked as an associate at the Boston law firm of Ropes & Gray in its health-law group.
Professor Kaveny teaches contract law to first-year law students at the Notre Dame Law School. She also teaches in the Department of Theology. She offers a number of seminars which explore the relationship between theology, philosophy, and law. One seminar, “Mercy and Justice,” explores those concepts using texts drawn from case law, analytic philosophy, Byzantine history, as well as both medieval and contemporary theology. Another seminar, “Complicity,” looks at the morality of contributing to the wrongdoing of others from an interdisciplinary perspective.
Professor Kaveny’s new book, Law’s Virtues: Fostering Autonomy and Solidarity in American Society, will be available from Georgetown University Press this fall. She has also published about a hundred articles and essays, in journals and books specializing in law, ethics, and medical ethics as well as more popular venues such as America and Commonweal, where she appears on the masthead as a regular columnist. She has served on a number of editorial boards including the American Journal of Jurisprudence, the Journal of Religious Ethics, the Journal of Law and Religion, and the Journal of the Society of Christian Ethics. She has been a Senior Fellow at the Martin Marty Center at the University of Chicago (2002-2003) and the Royden B. Davis Visiting Professor of Interdisciplinary Studies at Georgetown University (1998). She is a member of the Steering Committee of Notre Dame’s Institute for Advanced Study.
|| ||/assets/71654/original/kaveny.jpg||LAW60105, Contracts
LAW70844, Faith, Morality & Law Seminar
LAW73827, Mercy & Justice Seminar
LAW73829, Ethics & Law at the End of Life
LAW73830, Complicity Seminar||Books
LAW’S VIRTUES: FOSTERING AUTONOMY AND SOLIDARITY IN AMERICAN SOCIETY (Georgetown U. Press, 2012).
Law’s Pedagogy: Fostering Autonomy and Solidarity in American Society (2012).
M. Cathleen Kaveny, Tax Lawyers, Prophets and Pilgrims: A Response to Anthony Fisher, in COOPERATION, COMPLICITY AND CONSCIENCE: PROBLEMS IN HEALTHCARE, SCIENCE, LAW AND PUBLIC POLICY 65 (Helen Watt ed., 2005).
“The Spirit of Vatican II and Moral Theology: Evangelium Vitae as a Case Study,” in James Heft and John O’Malley, eds., After Vatican II: Trajectories and Hermeneutics (Eerdmans, 2012), 43–67.
“The Marginalization of Casuistry,” in Francis Oakley and Michael Lacey, eds., The Crisis of Authority in Catholic Modernity (Oxford University Press, 2011), 229–58.
“Down By Law: Engelhardt, Grisez, and the Meanings of Legalism,” in Ana Smith Iltis and Mark J. Cherry, eds., At the Root of Christian Bioethics: Critical Essays on the Thought of H. Tristram Englehardt, Jr. (Scrivener Press, 2010), 135–64.
“Prophetic Rhetoric and Moral Disagreement,” in Lawrence S. Cunningham, ed., Intractable Disputes about the Natural Law: Alasdair MacIntyre and Critics (University of Notre Dame Press, 2009), 131–66.
“Imagination, Virtue, and Human Rights: Lessons from Australian and American Law,” Theological Studies 70 (March 2009) 109–39.
The NBAC Report on Cloning: A Case Study in Religion, Public Policy, and Bioethics, forthcoming in Faith at the Frontiers, David Guinn, ed., (Oxford, 2006), 221–47.
Erastian and High Church Approaches to the Law: The Jurisprudential Categories of Robert E. Rodes, Jr., 22 Journal of Law and Religion 405-32 (2007).
Diversity and Deliberation, 34 Journal of Religious Ethics 312-337 (2006).
Prophecy and Casuistry: Abortion, Torture and Moral Discourse, 51 Villanova Law Review 499 (2006).
Inferring Intention from Foresight, Law Quarterly Review 120 (January 2004) 81-107.
Autonomy, Solidarity and Law's Pedagogy, Louvain Studies 27:4 (winter 2002) 339-58).
Conjoined Twins and Catholic Moral Analysis: Extraordinary Means and Casuistical Consistency, Kennedy Institute of Ethics Journal 12:2 (June 2002) 115-40.
Billable Hours In Ordinary Time: A Theological Critique of the Instrumentalization of Time in Professional Life, (the Baker-McKenzie Lecture in Ethics at Loyola University Chicago Law School), Loyola University Chicago Law Journal 33 (Fall 2001) 173-220.
Religious Claims and the Dynamics of Argument, Wake Forrest Law Review 36:2 (2001) 423-48 (part of a symposiumâReligiously Grounded Morality: Its Proper Role in American Law and Public Policyâ).
Appropriation of Evil: Cooperationâs Mirror Image, Theological Studies 61 (June 2000) 280-313.
Commodifying the Polyvalent Good of Health Care, The Journal of Medicine and Philosophy 24:3 (1999) 207-23.
Managed Care, Assisted Suicide, and Vulnerable Populations, Notre Dame Law Review 73:5 (July 1998) 1275-1310 (part of a symposium honoring Mary Ann Glendon).
Assisted Suicide, the Supreme Court, and the Constitutive Function of the Law, Hastings Center Report (September/October 1997).
How Views of Law Influence Pro-Life Movement 34 Origins Online.com ISSUE: 35
Toward a Thomistic Perspective on Abortion and the Law in Contemporary America, Thomist; a Speculative Quarterly Review 55:3 (1991: July) p. 343.
The Limits of Ordinary Virtue: The Limits of the Criminal Law in Implementing Evangelium Vitae||Roe v. Wade at 40: An Interview with Legal Scholar and Theologian Cathleen Kaveny - Religion and Politics (Quotes: Cathleen Kaveny, John P. Murphy Foundation Professor of Law and Professor of Theology) – January 23, 2013
The Brookings Institution to Hold Discussion on Professor M. Cathleen Kaveny's Book January 21, 2013
She the People hangout. WashingtonPost. - Prof. Kaveny discusses new book Law's Virtues
Reasons for hope in trying times for women – The Dialog (Quotes: Cathleen Kaveny, John P. Murphy Foundation Professor of Law and Professor of Theology) – March 24, 2012
Conan’s classy mom – Boston Globe, June 4, 2009 (Quotes: Cathleen Kaveny, John P. Murphy Foundation Professor of Law and Professor of Theology)
Sotomayor Would Be Sixth Catholic Justice, but the Pigeonholing Ends There – New York Times, May 30, 2009 (Quotes Cathleen Kaveny, John P. Murphy Foundation Professor of Law and Professor of Theology)
Featured Faculty – NDLS Home Page – June 16, 2008
Caritas deal gets support of leading theologians – Boston Globe – March 11, 2009||John P. Murphy Foundation Professor of Law andProfessor of Theology|| |
|M. Patricia||Hackett||1100 Eck Hall of Lawfirstname.lastname@example.org|| || ||LAW 70810 - Legal Interview & Counseling|| || ||Adjunct Professor||mhacket1|
|Marah||McLeod||Stith||2113 Eck Hall of Lawemail@example.com||http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=2302346||/assets/205224/fullsize/marah_stith_mcleod_cv_july_21_2016.pdf|
- Constitutional Law
- Criminal Law
- Criminal Law & Procedure
- Death Penalty
- Legal Ethics
|Marah Stith McLeod teaches criminal law and criminal procedure and her scholarship explores legal and ethical problems in these areas. She is focused on ways to promote more informed and reasoned decisions, as well as more appropriate and effective distribution of decisional power within the criminal justice system.
McLeod earned her bachelor’s degree in government from Harvard University, and her J.D. from Yale Law School, where she was notes editor for the Yale Law Journal. Prior to joining the Notre Dame faculty, McLeod held a fellowship and taught at Columbia Law School.
After graduating from law school, McLeod clerked for Judge Diarmuid F. O’Scannlain of the United States Court of Appeals for the Ninth Circuit and for U.S. Supreme Court Associate Justice Clarence Thomas.
Between her clerkships McLeod worked as an attorney-adviser in the Office of the Legal Counsel at the U.S. Department of Justice, where she provided legal advice on constitutional questions and statutory challenges, especially in criminal matters. After her clerkship with Justice Thomas, she became a senior litigator at Sidley Austin LLP in Chicago, managing civil litigation and serving as pro bono counsel in several death penalty cases.|| ||/assets/204468/fullsize/marahmcleod_resize.jpg||Plea Bargaining||Articles
Does the Death Penalty Require Death Row? The Harm of Legislative Silence, 77 Ohio St. L.J. __ (forthcoming 2016)
Immigration Control: A Catholic Dilemma?, 84 U. Det. Mercy L. Rev. 73 (2007)
The Semblance of Autonomy: Treatment of Persons with Disabilities Under the Uniform Health-Care Decisions Act, 22 Issues L. & Med. 39 (2006)
A Plebiscitary Bargain, 1 London L.R. 497 (2005)||Associate Professor||Tracy Zielke|
|Marc||Krcmaric||Eddy Street Commons||574.631.3685||Mark.C.Krcmaric.firstname.lastname@example.org|| || || || ||Concurrent Assistant Professor|
|Margaret||Brinig||F.||3117 Eck Hall of Law||574.631.2303||574.631.4197||Margaret.Brinig.email@example.com||http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=53766||http://www.nd.edu/~ndlaw/faculty/cv/brinig_cv.pdf|
- Catholic Schools
- Dispute Resolution
- Economics of the Family
- Family Law
- Family & Social Policy
- Law & Economics
- Public Choice
- Social Capital
- Social Norms
|Margaret “Peg” Brinig is the quintessential interdisciplinarian, melding her expertise with law and social science in empirical studies of families, social capital, and social welfare legislation.
Brinig is best known for her expertise in family law. She sits on the executive council of the International Society of Family Law, and recently published Family, Law, and Community: Supporting the Covenant (University of Chicago Press, 2010), which offers a distinctive study of legal reform from the perspective of family dynamics and social policy. The book examines a range of subjects of current legal interest including cohabitation, custody, grandparent visitation, and domestic violence. She concludes that conventional legal systems and the social programs they engender ignore social capital: the trust and support given to families by a community.
Currently, Brinig is collaborating with another colleague, Dan Kelly, on the Law, Economics, and Business seminar. The seminar features speakers from within Notre Dame’s law school, economics department, business school, and other departments, as well as speakers from other law schools and universities. Law students and graduate students from other departments have the opportunity to read, discuss, and comment upon seminal scholarship by leading academics while earning course credit for participating in the seminar.
At the University of Notre Dame, Brinig is a Fellow of the Institute for Educational Initiatives at Notre Dame, and works closely with the Institute’s Alliance for Catholic Education (ACE) Program. She continues to conduct groundbreaking research with colleague Nicole Garnett on the negative impact of Catholic K-12 school closures on poor neighborhoods.
Brinig has been honored for her work at a Notre Dame football game, and won the Distinguished Professor Award at George Mason University. She is a member of the American Law Institute.|| ||/assets/71610/original/brinig.jpg||LAW70503, Family Law
LAW73145, Law and Economics
LAW75717, Alternative Dispute Resolution||Books
Lost Classrooms, Lost Community: Catholic Schools’ Importance in Urban America (with Nicole Garnett) (University of Chicago Press, 2014)
Family, Law, and Community (U. Chi. Press 2010).
Margaret F. Brinig, ed. The Economics of Family Law (2 vol.), part of the Economics of Law Series, gen. ed. Richard A. Posner and Francesco Parisi, Edward Elgar, 2007); also wrote introduction to the family law series
Carl E. Schneider and Margaret F. Brinig, An Invitation to Family Law: Process, Problems and Possibilities (Third Edition) (West Publishing Company, 2006); Teacher's Manual, 2007
Margaret F. Brinig, From Contract to Covenant: Beyond the Law and Economics of the Family (Harvard University Press, 2000)
Carl E. Schneider and Margaret F. Brinig, An Invitation to Family Law: Process, Problems and Possibilities (Second Edition) (West Publishing Company, 2000); Teacher's Manual, 2001
Margaret F. Brinig, Carl E. Schneider and Lee H. Teitelbaum, Family Law in Action (Anderson Publishing, 1999)
Substantive Parenting Arrangements in the USA: Unpacking the Policy Choices, 27 Children and Family Law Quarterly 249 (2015).
Grandparents and Accessory Dwelling Units: Preserving Intimacy and Independence 22 The Elder Law Journal 381 (2015)
The Effects of Hollingsworth and Windsor on Family Law, 6 Elon Law Review 499 (2014)
Margaret F. Brinig, Leslie Drozl and Loretta Frederick, Perspectives on Joint Custody Parenting as Applied to Domestic Violence Cases 52 Family Court Review 272 (2014)
Margaret F. Brinig & Nicole Stele Garnet, Accessory Dwelling Unit Reforms: Death by a Thousand Paper Cuts?, 37 Planning & Zoning Law Reports 3 (2014)
Margaret F. Brinig and Nicole Garnett, A Room of One’s Own? Accessory Dwelling Unit Reforms and Local Parochialism, 45 The Urban Lawyer 519 (2013)
Margaret F. Brinig, Explaining Abuse of the Disabled Child, 46 Family Law Quarterly 267-95 (Summer,, 2012).
Douglas W. Allen and Margaret Brinig, Child Support Guidelines and Divorce Incentives, 32 International Review of Law and Economics 309 (2012)
Margaret F. Brinig and Nicole Stelle Garnett, Catholic Schools and Broken Windows, 9 Journal of Empirical Legal Studies 347 (2012).
Margaret F. Brinig and Nicole Stelle Garnett, Catholic Schools, Charter Schools, and Urban Neighborhoods (with Nicole Garnett, 79 University of Chicago Law Review 31 (2012)
Child Support Guidelines: The Good, the Bad, and the Ugly, 45 FAM. L.Q. 135 (2011) (with Douglas W. Allen).
Do Joint Parenting Laws Make Any Difference? 8 Journal of Law and Empirical Studies 304-24 (2011) (with Douglas W. Allen).
Catholic Schools, Urban Neighborhoods, and Education Reform, 85 NOTRE DAME L. REV. 887 (2010) (with Nicole Garnett)
The One-Size-Fits-All Family, with Steven L. Nock, 49 Santa Clara L. Rev. 137 (2009).
Children's Beliefs and Family Law, 58 Emory L.J. 55 (2008).
The Public Choice of Driving Competence Regulations, 21 NOTRE DAME J.L. ETHICS & PUB. POL'Y 405-40 (2007).
Are All Contracts Alike?, 43 WAKE FOREST L. REV. 533-57 (2008).
From Family to Individual and Back Again, 51 HOWARD L.J. 1 - 14 (2007).
Penalty Defaults in Family Law: The Case of Child Custody Default Rules in Private and Public Law: Extending Default Rules Beyond Purely Economic Relationships, 33 Florida State University Law Review 779-824 (2006).
Margaret Brinig, Gerald Jogerst, Jeanette Daly, Jeffrey Dawson and Gretchen Schmuch, Lawmaking by Public Welfare Professionals, 5 Whittier Journal of Child & Family Advocacy 57 (2006)
Gerald G. Jogerst , Jeanette M. Daly, Margaret F. Brinig & Stephanos Bibas., The Association Between Statutory Penalties and Domestic Elder Abuse Investigations, 28 Journal of Crime and Justice 51 (2006)
Margaret F. Brinig, Does Parental Autonomy Require Equal Custody at Divorce?, 65 Louisiana Law Review 1345 (2005)
Margaret F. Brinig, Unhappy Contracts: The Case of Divorce, 1 Review of Law and Economics 241 (2005)
Gerald J. Jogerst et al., APS Investigative Systems Associated with Country Reported Domestic Elder Abuse, 16 Journal of Elder Abuse & Neglect 1 (2004)
Margaret F. Brinig & Steven L. Nock, Marry Me, Bill: Should Cohabitation be the (Legal) Default Option? 64 Louisiana Law Review 403 (2004).
Margaret F. Brinig, Gerald J. Jogerst, Jeanette M. Daly, Gretchen A. Schmuch, and Jeffrey Dawson, The Public Choice of Elder Abuse Law, 33 Journal of Legal Studies 517 (2004).
Margaret F. Brinig, The Role of Socioeconomics in Teaching Family Law, 41 San Diego Law Review 177(2004).||Chicago Catholic Schools -- Stake a Claim to Neighborhoods (Quotes: Margaret "Peg" Brinig) Huffington Post Chicago -- September 4, 2012
Single-Dad Courtroom Wins Show Greater Embrace of New Families (Quotes: Margaret "Peg" Brinig) Bloomberg News -- July 25, 2011
Study Researches Effectiveness of Mediation in Custody Disputes (Faculty Profile: Margaret “Peg” Brinig) NDLS Home Page -- July 15, 2011
NDLS Hosts Law & Economics Conference - October 01, 2009||Fritz Duda Family Chair in Law||Leslie Berg||MBRINIG|
|Margaret||Lloyd||2156 Eck Hall of Lawfirstname.lastname@example.org|
- Legal Writing
- Staff with Concurrent Teaching Positions
|Margaret Lloyd joined the law school in 2015 as LL.M. Student Services, program director and concurrent assistant professor. She supports the general LL.M. program and serves as primary administrative and advisory contact for LL.M. students.
Prior to joining the Law School, she practiced at the Chicago firm of Wilson & McIlvaine and the Indiana firms Galvin, Galvin & Leeney and Tuesley Hall Konopa, LLP, focusing on employee benefits, estate planning and tax litigation. Lloyd drafted estate planning and employee benefit documents and represented clients before governmental agencies, including the Internal Revenue Service and Department of Labor, to secure favorable tax treatment of her client's benefit plans and estate plans. She also served as communications and media director of the Keough-Naughton Institute for Irish Studies at Notre Dame, providing experience working with international students and faculty.
Lloyd is a graduate of the University of Notre Dame, having earned degrees in history, with high honors, and law. She is licensed to practice law in Indiana. In addition to serving as LL.M. Program Director, she co-teaches LL.M. Legal Research, Writing and Analysis with research librarian Dwight King.||/assets/218985/fullsize/img_3086_1webresize.jpg||LL.M. Student Services Program DirectorConcurrent Assistant Professor of Law||mlloyd2|
|Marisa||Villano||1329 Biolchini Hallemail@example.com|| || ||Marisa Villano joined the Law School as assistant director of admissions in March 2017. She graduated from Notre Dame in 2010 with a bachelor of science degree in mathematics, concentration in life sciences, and a minor in Korean.
She began her career teaching high school math in east Los Angeles before returning to Notre Dame to work in the Office of Undergraduate Admissions as an admissions counselor and, later, assistant director. In these roles, she was responsible for student tour guides, first generation and diversity recruitment, international recruitment, and applications from Colorado, New Jersey, and South Korea.||/assets/232203/fullsize/marisa_villano.jpg||Assistant Director of Law School Admissions||mvillano|
|Mark||Criniti||1100 Eck Hall of Law||574.631.6627|| || ||https://law.nd.edu/assets/188933/original/mark_criniti.jpg||Adjunct Professor||MCRINIT1|
|Mark||McKenna||3120 Eck Hall of Lawfirstname.lastname@example.org||http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=347075||/assets/233966/mpm_cv_march_2017.pdf|
- Copyright Law
- Design Patent
- Intellectual Property Law
|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 design patent, copyright, the right of publicity, and the intersection of intellectual property rights regimes. Some of his latest projects include an empirical study of Lanham Act false advertising decisions, a comparative analysis of innovation institutions and failures, and a study of the ways IP law understands product dimensions.
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.|| ||/assets/181942/300x/mckenna_mark_2_1_.jpg||LAW60901, Torts
LAW70134, Intellectual Property Survey
LAW70136, Trade Dress & Design Law
LAW70137, Trademarks & Unfair Competition||Books
THE LAW OF INTELLECTUAL PROPERTY (Aspen Law & Business, Fourth Edition (2013) (with Craig Nard & Michael Madison)
THE LAW OF INTELLECTUAL PROPERTY (Aspen Law & Business, Third Edition 2011) (with Craig Nard, Michael Madison, and David Barnes)
Law Review Articles
What’s In, and What’s Out: How IP’s Boundary Rules Shape Innovation, 30
HARVARD JOURNAL OF LAW & TECHNOLOGY __ (forthcoming 2017) (with Christopher Sprigman)
Scope, 57 WILLIAM & MARY LAW REVIEW 2197 (2016) (with Mark A. Lemley)
Confusion Isn’t Everything, 89 Notre Dame LAW REVIEW 253 (2013) (with William McGeveran).
• Selected as one of the best law review articles on intellectual property law published in 2013; republished in the INTELLECTUAL PROPERTY LAW REVIEW (West 2014)
Is Pepsi Really a Substitute for Coke? Market Definition in Antitrust and IP, 100 GEORGETOWN LAW JOURNAL 2055 (2012) (with Mark A. Lemley) (100th Anniversary Volume).
Reviewed on Jotwell at http://ip.jotwell.com/marks-on-markets-and-competition/
A Consumer Decision-Making Model of Trademark Law, 97 VIRGINIA LAW REVIEW 67 (2012).
Owning Mark(et)s, 109 MICHIGAN LAW REVIEW 137 (2010) (with Mark A. Lemley).
Reviewed on Jotwell at http://ip.jotwell.com/marks-on-marks/
Irrelevant Confusion, 62 STANFORD LAW REVIEW 413 (2010) (with Mark A. Lemley).
Testing Modern Trademark Law's Theory of Harm, 95 IOWA LAW REVIEW 63 (2009).
Selected as one of the best law review articles on intellectual property law published in 2009 and republished in the INTELLECTUAL PROPERTY LAW REVIEW (West 2010)
Trademark Use and the Problem of Source, 2009 UNIVERSARY OF ILLINOIS LAW REVIEW 773 (2009).
Reviewed on Jotwell at http://ip.jotwell.com/trademark-use-on-the-loose/
The Normative Foundations of Trademark Law, 82 NOTRE DAME LAW REVIEW 1839 (2007).
Reprinted at 97 TRADEMARK REPORTER 1126 (2007)
Winner of 2007 Ladas Memorial Award for writing excellence on the subject of trademarks and related matters (International Trademark Association)
The Right of Publicity and Autonomous Self-Definition, 67 UNIVERSITY OF PITTSBURGH LAW REVIEW 225 (2005).
Book Chapters and Symposium Contributions
Trademarks and Digital Goods, 92 NOTRE DAME LAW REVIEW _ (forthcoming 2017) (with Lucas Osborn)
What’s Wrong with Copying? Nothing: Review of Abraham Drassinower, What’s Wrong with Copying, _ INTELLECTUAL PROPERTY JOURNAL _ (forthcoming 2016)
Systems of Human and Intellectual Capital, 93 Tex. LAW REVIEW See Also 231 (2015) (with Brett M. Frischmann) (Response to Orly Lobel, The New Cognitive Property: Human Capital Law and the Reach of Intellectual Property, 93 TEX. L. REV. 789 (2015).
Progress and Competition in Design, 17 STANFORD TECHNOLOGY LAW REVIEW _ (forthcoming 2014) (with Katherine J. Strandburg) (contribution to Stanford Law School symposium on Design Patents in the Modern World)
How to Fix Copyright in Three Impossible Steps: Review of WILLIAM PATRY, HOW TO FIX COPYRIGHT, 39 JOURNAL OF COLLEGE & UNIVERSITY LAW 715 (2013)
Trademark Law’s Faux Federalism, in INTELLECTUAL PROPERTY AND THE COMMON LAW, Shyamkrishna Balganesh, ed. (Cambridge University Press 2013) (invited contribution to University of Pennsylvania Law School symposium on Intellectual Property and the Common Law)
Dastar’s Next Stand, 19 JOURNAL OF INTELLECTUAL PROPERTY LAW _ (forthcoming 2012) (invited contribution to The Future of Intellectual Property Law symposium)
(Dys)functionality, 48 HOUSTON LAW REVIEW (forthcoming 2012) (invited contribution to University of Houston Law Center Institute for Intellectual Property & Information Law Santa Fe Conference, Trademark: Today and Tomorrow)
Introduction: Creativity and the Law, 86 NOTRE DAME LAW REVIEW 1819 (2011) (introduction for symposium on Creativity and the Law) (http://www.nd.edu/~ndlrev/archive_public/86ndlr5/McKenna.pdf)
Probabilistic Knowledge of Third-Party Trademark Infringement, 2011 STANFORD TECHNOLOGY LAW JOURNAL _ (forthcoming) (invited contribution to symposium on Secondary and Intermediary Liability on the Internet)
Intergenerational Progress, 2011 WISCONSIN LAW REVIEW 123 (with Brett Frischmann) (invited contribution to Wisconsin Law Review symposium on Intergenerational Equity and Intellectual Property)
Back to the Future: Rediscovering Equitable Discretion in Trademark Cases, 14 LEWIS & CLARK L. REV. 537 (2010) (invited contribution to Business Law Forum on Intellection Property Remedies)
An Alternate Approach to Channeling?, 51 WILLIAM & MARY LAW REVIEW 873 (2009) (invited contribution to conference on The Boundaries of Intellectual Property);
Teaching Trademark Theory Through the Lens of Distinctiveness, 52 ST. LOUIS UNIVERSITY LAW JOURNAL 843 (2008) (contribution to annual teaching edition)
What's the Frequency Kenneth? Channeling Doctrines in Trademark Law, in INTELLECTUAL PROPERTY AND INFORMATION WEALTH (Peter Yu, ed., Praeger Press 2007)
Intellectual Property, Privatization and Democracy: A Response to Professor Rose, 50 ST. LOUIS UNIVERSITY LAW JOURNAL 829 (2006) (invited contribution to Childress Lecture program)
The Rehnquist Court and the Groundwork for Greater First Amendment Scrutiny of Intellectual Property, WASHINGTON UNIVERSITY JOURNAL OF LAW & POLICY 11 (2006) (invited contribution to conference on The Rehnquist Court and the First Amendment)
The Rehnquist Court and the Groundwork for Greater First Amendment Scrutiny of Intellectual Property, 21 WASHINGTON UNIVERSITY JOURNAL OF LAW & POLICY 11 (2006) (invited contribution to conference on The Rehnquist Court and the First Amendment) (http://ssrn.com/abstract=957420)
Claiming Design (with Jeanne Fromer) (work-in-progress)
An Empirical Study of False Advertising Claims under the Lanham Act (work-in-progress) (with Deborah Gerhardt and Kevin McGuire)
Criminal Trademark Law and the Problem of Inevitable Creep (work-in-progress)
Comparative Analysis of Failures and Institutions in Context (with Brett Frischmann) (for the Yale Law School symposium on Innovation Law Beyond IP)
BRIEF OF AMICI CURIAE INTELLECTUAL PROPERTY LAW PROFESSORS, Star Athletica
L.L.C. v. Varsity Brands, Inc. (United States Supreme Court 2016) (with Mark A.
Lemley, Christopher Jon Sprigman, and Rebecca Tushnet)https://tushnet.files.wordpress.com/2016/07/15-866-tsac-intellectual-property-professors.pdf
BRIEF OF AMICI CURIAE INTELLECTUAL PROPERTY LAW PROFESSORS, Tobinick v.
Novella (11th Cir. 2016) (https://tushnet.files.wordpress.com/2016/05/amicus-intobinick-v-novella-with-motion.pdf)
(Rebecca Tushnet, Lead Author)
Lead Author, BRIEF OF AMICI CURIAE INTELLECTUAL PROPERTY LAW PROFESSORS IN
SUPPORT OF APPELLEES, Phoenix Entertainment Partners v. Dannette Rumsey and
Basket Case Pub (7th Cir. 2015)
Brief of Amici Curiae Law Professors in Support of Defendant-Appellee National
Football League, Dryer v. National Football League (8th Cir. 2015)
Lead Author, BRIEF OF AMICI CURIAE INTELLECTUAL PROPERTY LAW PROFESSORS IN
SUPPORT OF APPELLEES CANTON PHOENIX, INC. AND BING PAN ZHU, Slep-Tone
Entertainment Corp. v. Canton Phoenix Inc. (9th Cir. 2015)
Lead Author, Brief of Amici Curiae Intellectual Property Law Professors in Support of Appellant Lubecore International, Inc. and Reversal, Groeneveld Transport Efficiency, Inc. v. Lubecore International, Inc. (6th Cir. 2012)
Lead Author, Brief of Amici Curiae Intellectual Property Law Professors in Support of Appellant, Board of Trustees of the University of Alabama v. New Life Art, et al. (11th Circuit 2010)( http://www.newlifeart.com/images/amicusbrief2.pdf)
Other Professional Writings
Registration and its Disconents, JOTWELL (forthcoming 2016) (reviewing Rebecca
Tushnet, Registering Disagreement: Registration in Modern American Trademark
Law, 130 Harv. L. Rev. (forthcoming 2016)
Trademark Year in Review
Designing Architectural Copyright, JOTWELL (November 4, 2015) (reviewing Kevin
E. Collins, Economically Defeasible Rights to Facilitate Information Disclosure: The
Hidden Wisdom of Pre-AWCPA Copyright)(http://ip.jotwell.com/designingarchitectural-copyright/)
Measuring Serendipity, JOTWELL (January 20, 2015) (reviewing Bhaven N.
Sampat, Serendipity) (http://ip.jotwell.com/measuring-serendipity/)
The Limits of the Supreme Court’s Technological Analogies, Slate (June 26, 2014)
The Implications of Blackhorse v. Pro-Football, Inc., Guest Post on PatentlyO Blog
(June 19, 2014) (http://patentlyo.com/patent/2014/06/implications-blackhorse-football.html
Super-Sizing IP Values, Reviewing MADHAVI SUNDER, FROM GOODS TO A GOOD LIFE, Concurring Opinions blog (September 12, 2012)
Don’t Stop at SOPA. SOPA and PIPA are (almost) dead. Now can we talk about the law that already exists? Slate (January 20, 2012)||9 Cheeky Weed-Based Logos That Will Get Copyright Lawyers High - (Quotes: Mark McKenna), BuzzFeed News, April 20, 2015
‘People thought it was Banksy’: Comedian Nathan Fielder reveals the REAL story behind his Dumb Starbucks prank - (Quotes: Mark McKenna), Daily Mail, July 17, 2014
The Limits of the Supreme Court’s Technological Analogies (Opinion), Slate.com, June 26, 2014
Aereo Loses Big As Supreme Court Calls It Equivalent To Cable TV - (Quotes: Mark McKenna), Forbes, June 25, 2014
Supreme Court deals severe blow to Aereo - (Quotes: Mark McKenna), CBS News, June 25, 2014
US patent office strips Washington Redskins of ‘offensive’ trademarks - (Quotes: Mark McKenna), CBS News, June 19, 2014
Tech groups’ courtroom victories on smartphone patents lead nowhere - (Quotes: Mark McKenna), Financial Times, June 18, 2014
Apple-Samsung legal outcome won't likely end feud - (Quotes: Mark McKenna), CBS News, May 5, 2014
Apple's Win in Court Won't Hurt Samsung or Android - (Quotes: Mark McKenna), Wall Street Journal, May 4, 2014
Apple-Samsung jury splits the baby: The experts weigh in - (Quotes: Mark McKenna), Fortune, May 3, 2014
Apple vs Samsung: Why this trial will be harder for Apple - (Quotes: Mark McKenna), CNBC, April 10, 2014
Apple and Samsung head to court again - (Quotes: Mark McKenna), USA Today, March 30, 2014
Apple’s War on Samsung Has Google in Crossfire - (Quotes: Mark McKenna), New York Times, March 30, 2014
Lexmark May Be Liable For Attacking Printer-Cartridge Rivals, Supreme Court Says - (Quotes: Mark McKenna), Forbes, March 25, 2014
Why 'Dumb Starbucks' Is Probably Illegal - (Quotes: Mark McKenna), Business Insider, Feb. 10, 2014
Starbucks responds to Dumb Starbucks in LA - (Quotes: Mark McKenna), USA Today, Feb. 10, 2014
Apple Breaks Legal Serve in Samsung’s Home Court - (Quotes: Mark McKenna), Mac News World, December 13, 2013
Apple Gets $290.5 Million In Damages From Samsung In Patent Penalty Review -- But It's Not Over Yet - (Quotes: Mark McKenna), Forbes, November 21, 2013
Apple gets $290M in Samsung patent dispute - (Quotes: Mark McKenna), USA Today, November 21, 2013
Samsung says $52m, not $380m, is owed for Apple patent infringement - (Quotes: Mark McKenna), Guardian, November 14, 2013
Google scores key legal victory in books lawsuit - (Quotes: Mark McKenna), USA Today, November 14, 2013
http://www.crainsnewyork.com/article/20130710/TECHNOLOGY/130719993 - (Quotes: Mark McKenna), Crain's, July 10, 2013
Court: Reselling Books Bought Abroad Isn't A Copyright Violation - (Quotes: Mark McKenna), NPR’s Morning Edition March 20, 2013
Colin Kaepernick defends move to protect personal brand - USA Today - February 4, 2013
The Problem of Genericide in Trademarks (Quotes: Mark McKenna) Legalzoom, September 2012
Should Google Be Running Scared From Apple? (Quotes: Mark McKenna) Wired Aug 28, 2012
With Samsung win on Galaxy Tab, judge may reconsider U.S. ban (Quotes: Mark McKenna) Reuters Aug 27, 2012
Samsung shares fall after Apple verdict (Quotes: Mark McKenna) Washington Post Aug 27, 2012
Apple verdict could alter future of tablet, phone design (Quotes: Mark McKenna) Fox News.com and USA Today Aug 27, 2012
Apple jurors grappled with complex patent issues (Quotes: Mark McKenna) Associated Press, Aug 26, 2012
Apple-Samsung Jury Foreman Says Google E-Mail Persuasive (Quotes: Mark McKenna) Bloomberg/Businessweek, Aug 26, 2012
Apple vs. Samsung: Three possible outcomes(Quotes: Mark McKenna) CNN Money, Aug 24, 2012
Apple v Samsung: Five experts, five questions (Quotes: Mark McKenna) Computerworld, Aug 22, 2012
Who Owns Crimson and White? (Quotes: Mark McKenna) Wall Street Journal, March 22, 2012
Free Speech vs. Infringement in Suit on Alabama Artwork (Quotes: Mark McKenna) New York Times, January 30, 2012
Kohler Co. steamed over Arizona firm’s name Salon school makes change to avoid trademark suit (Quotes: Mark P. McKenna) Milwaukee Journal Sentinel, Jan. 24, 2012
Don’t Stop at SOPA (Opinion by: Mark P. McKenna) Slate.com, January 20, 2012||Associate Dean for Faculty Research and DevelopmentProfessor of LawNotre Dame Presidential Fellow||LuAnn Nate||MMCKENN6|