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Dan L. Burk

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Dan L. Burk
Born
Los Angeles, California, U.S.
DiedFebruary 4, 2024
NationalityAmerican
Alma materBrigham Young University (BS)
Northwestern University (MS)
Arizona State University (JD)
Stanford Law School (MSL)
Scientific career
FieldsIntellectual Property, Gene Patenting, Patent Law
InstitutionsSeton Hall University School of Law (1997–1999)
University of Minnesota Law School (2000–2008)
University of California, Irvine School of Law (2008–2024)

Dan L. Burk was a Chancellor's Professor of Law at the University of California, Irvine School of Law and is a founding member of the law faculty.[1] His areas of expertise included intellectual property, gene patenting, digital copyright, electronic commerce and computer trespass.

Education

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Burk held a B.S. in Microbiology (1985) from Brigham Young University, an M.S. (1987) in Molecular Biology and Biochemistry from Northwestern University, a J.D. (1990) from Arizona State University, and a J.S.M (1994) from Stanford University.[2]

Academic career

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Burk was an assistant professor at Seton Hall University School of Law from 1995 to 1997, and an associate professor from 1997 to 1999. He served as a professor at the University of Minnesota Law School from 2000 to 2008. In 2008, he became a founding faculty member at the University of California, Irvine, School of Law, where he is currently Chancellor's Professor of Law.[1]

He had been a visiting professor at a number of universities in the United States, including George Mason University School of Law from 1993 to 1995; Cardozo Law School (Yeshiva University) and Ohio State University in 1999; University of Minnesota Law School from 1999 to 2000; Boalt Hall School of Law (University of California, Berkeley) in 2003; and Cornell University Law School in 2005.[3]

He also taught in institutions across the world, including: Università Cattolica del Sacro Cuore in Italy from 2001 to 2004; the University of Toronto Faculty of Law in Canada in 2003; the University of Tilburg in the Netherlands in 2007; the Munich Intellectual Property Law Center, Max Planck Institute for Innovation and Competition in Germany from 2004 to 2016;[4] the University of Haifa in Israel in 2010;[5] the University of Lucerne in Switzerland in 2014; and the Paris Institute of Political Studies in France in 2016.[3]

Academic distinctions

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In 2015, he was selected for a Leverhulme visitorship to the London School of Economics and Political Science,[6] where he delivered a series of Leverhulme Public Lectures on “Biotechnology and Software Patenting in the Information Society”.[7]

In 2017, he was awarded the Fulbright U.S. Scholar Award in Cybersecurity to the Oxford Internet Institute in the United Kingdom for the fall 2017, according to the U.S. Department of State and the J. William Fulbright Foreign Scholarship Board.[8]

Scholarly impact

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Burk's scholarship has dealt with legal issues created by emerging technologies His 1996 article on “Federalism in Cyberspace”[9] became the basis of several early decisions by U.S. federal courts regarding state regulation of the Internet, including American Library Association v. Pataki (S.D. N.Y. 1997)[10][11] and American Civil Liberties Union v. Johnson (10th Cir. 1999),[12] and was important in shaping the character of present Internet activity.[13] Another notable article, “The Trouble With Trespass” (2000),[14] influenced courts considering legal claims regarding “trespass to computers,” while Burk's analysis of the issue was adopted in the landmark opinion of the California Supreme Court in Intel Corp. v. Hamidi.[15]

His work on "Patenting Speech" offered an examination of patent law and the First Amendment;[16] in a widely discussed article asking "Do Patents Have Gender?"[17] he examined the "gender gap" in the patent system;[18][19][20] and his 2003 article on "Policy Levers in Patent Law," written with Mark A. Lemley, is ranked among the most cited law articles of all time.[21]

His 2009 book with Lemley, The Patent Crisis and How the Courts Can Solve It, has been "highly recommended" by Choice,[22] the publishing branch of the Association of College and Research Libraries (ACRL), and has received positive reviews in the Journal of High Technology Law[23] and the Indian Journal of Intellectual Property Law.[24] Burk also testified before Congress regarding this latter work during hearings on the America Invents Act.[25]

Public Lectures

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Books and publications

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Burk's articles have been published in law reviews and journals including: the Harvard Law Review,[26] the Minnesota Law Review,[27] the Lewis & Clark Law Review,[28] the Northwestern University Law Review,[29] the Stanford Law Review,[30] the National Law Journal,[31] the Duke Journal of Gender Law & Policy,[32] and the International Review of Intellectual Property and Competition Law.[33] Burk's most recent book with Mark A. Lemley, The Patent Crisis and How the Courts Can Solve It, was published by the University of Chicago Press in 2009.

A full list of publication is available here.

References

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  1. ^ a b "Dan L. Burk, Chancellor's Professor of Law". University of California, Irvine School of Law.
  2. ^ "Dan L. Burk". ResearchGate.
  3. ^ a b "Dan L. Burk, Chancellor's Professor of Law" (PDF). University of California, Irvine School of Law.
  4. ^ "Munich Summer Program Faculty". GW Law.
  5. ^ "Visiting Professors". University of Haifa.
  6. ^ "UCI Law's Dan Burk Chosen for Leverhulme Visiting Professorship at London School of Economics". www.law.uci.edu. 21 October 2014.
  7. ^ "The Gene Patent Controversy: LSE Law Leverhulme public lecture". www.lse.ac.uk. 6 March 2015.
  8. ^ "Chancellor's Professor of Law Dan Burk Receives Fulbright U.S. Scholar Award in Cybersecurity". 4 March 2017.
  9. ^ Burk, Dan L. (1996). "Federalism in Cyberspace". University of Connecticut Law Review. 28: 1095. SSRN 44433.
  10. ^ "American Libraries Ass'n v. Pataki, 969 F. Supp. 160 (S.D.N.Y. 1997)". JUSTIA US Law. U.S. District Court for the Southern District of New York. 20 June 1997.
  11. ^ See Am. Libraries Ass'n v. Pataki, 969 F. Supp. 160, 171 (S.D.N.Y. 1997) (cited by 45 federal courts as of May 16, 2017), Commonwealth of Virginia v. Jaynes, 65 Va. Cir. 355, 357 (2004); see, e.g., Michelle Armond, Note, Regulating Conduct on the Internet: State Internet Regulation and the Dormant Commerce Clause, 17 Berkeley Tech. L.J. 379 (2002).
  12. ^ "AMERICAN CIVIL LIBERTIES UNION v. JOHNSON". FindLaw. United States Court of Appeals, Tenth Circuit. 2 November 1999.
  13. ^ As of May 20, 2017, the article has been cited by courts and legal scholars 129 times (relying on citing references from Lexis and Westlaw); on SSRN, the article has been downloaded 5,708 times.
  14. ^ Burk, Dan L. (2000). "The Trouble with Trespass". Journal of Small and Emerging Business Law. 4. SSRN 223513.
  15. ^ "INTEL CORPORATION v. HAMIDI". FindLaw. Court of Appeal, Third District, California. 10 December 2001.
  16. ^ Burk, Dan L. (2000). "Patenting Speech". Texas Law Review. 79. SSRN 223517.
  17. ^ Burk, Dan L. (2011). "Do Patents Have Gender?". American University Journal of Gender, Social Policy and the Law. 19 (3): 881–919. SSRN 1652873.
  18. ^ Mau Wu, Tan (9 November 2011). "Dan Burk: Do Patents Have Gender?". Written Description.
  19. ^ John Long, Michael (26 August 2010). "Yes, Patents Do Have Gender". IP Osgoode.
  20. ^ "Intellectual property and gender: a Katonomist writes ..." IP Kat. 6 January 2013.
  21. ^ Pearse, Michelle (2012). "The Most-Cited Law Review Articles of All Time". Michigan Law Review. 110 (8): 1483–1520.
  22. ^ C. Ross, Burk, Dan L. The patent crisis and how the courts can solve it, 47 CHOICE 980 (2010).
  23. ^ Stone, Krista K. "The patent crisis and how the courts can solve it" (PDF). Journal of High Technology Law. Archived from the original (PDF) on 2017-12-29. Retrieved 2017-05-16.
  24. ^ McJohn, Stephen M. (12 February 2010). "Leverage: Review of Burk & Lemley, 'The Patent Crisis and How the Courts Can Solve It'". Indian Journal of Intellectual Property Law. SSRN 1933872.
  25. ^ "Hearing on: "Review of Recent Judicial Decisions on Patent Law", Serial No. 112-20". judiciary.house.gov. House of Representatives Judiciary Committee, Chairman Bob Goodlate. 10 March 2011./
  26. ^ Burk, Dan L. (10 March 2015). "The "Creating Around" Paradox". Harv. L. Rev. F. 128: 118.
  27. ^ Burk, Dan L. (December 2016). "On the Sociology of Patenting" (PDF). Minnesota Law Review.
  28. ^ Burk, Dan L.; Lemley, Mark A. (2005). "Quantum Patent Mechanics". Lewis & Clark Law Review, Vol. 9, p. 29, 2005; Stanford Public Law Working Paper No. 102. SSRN 628224. {{cite journal}}: Cite journal requires |journal= (help)
  29. ^ Burk, Dan L. (2014). "INVENTING AROUND COPYRIGHT". Nw. U. L. Rev. Online. 109: 64.
  30. ^ Burk, Dan L. (February 2013). "Anticipating Patentable Subject Matter". Stanford Law Review.
  31. ^ Burk, Dan L.; Lemley, Mark A. (11 May 2009). "Don't tailor make patent act". nationallawjournal.com. The National Law Journal.
  32. ^ Burk, Dan L. (October 2015). "Diversity Levers". scholarship.law.duke.edu. 23 Duke Journal of Gender Law & Policy 25-43.
  33. ^ Burk, Dan L. (20 September 2013). "Are Human Genes Patentable?". International Review of Intellectual Property and Competition Law. 44 (7): 747–749. doi:10.1007/s40319-013-0102-x.
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