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TIMES ARE PACIFIC
Revolving Door No More: Inevitable Disclosure and Its Potential Impact on Technological Public Infrastructure
Tuesday, 8 May (11:30 AM » 12:30 PM)
David Levine
I will argue, in sum, that trade secrecy's inevitable disclosure rule must be narrowly construed in the context of public infrastructure projects, especially if the government attempts to utilize such rights. This controversial rule, which has been rejected in many states and mutated in others, allows employers to enjoin a former employee from working for an employer when such employment would necessitate the revelation of a previous employer's trade secrets. The detrimental impact of the inevitable disclosure doctrine is compounded as government increasingly relies upon private industry to build and operate public infrastructure, especially in the technological sector. Therefore, my focus is the potential impact of this doctrine on public infrastructure projects and the pool of labor available to government and private industry, as well as the perverse incentives that exist when government is thrust into direct competition with private industry and applies intellectual property rights to its endeavors.
David Levine is a Resident Fellow at the Center for Internet and Society at Stanford Law School (and a huge supporter of SOPA!) My article, "Secrecy and Unaccountability: Trade Secrets in Our Public Infrastructure," was published in Volume 59 of the Florida Law Review (January 2007). I also host a talk discussion show on KZSU-FM (Stanford) and podcast entitled "Hearsay Culture" where I interview people involved with technology; more information can be found at http://hearsayculture.com. In the Fall of 2007, I will be joining the faculty of Charlotte School of Law.
Indirect Enforcement of the Intellectual Property Clause
Tuesday, 8 May (01:00 PM » 02:00 PM)
Associate Professor Chris Sprigman, UVA Law School
Indirect application respects Congress's lawmaking primacy and its lead role in elucidating the boundaries of its power under the Intellectual Property Clause. But it preserves an important - albeit ultimately not decisive - role for courts in determining what those boundaries are. And most importantly, it allows both courts and Congress to do what they do well. Courts to read and interpret constitutional text, and then announce (or, more precisely, to proffer) those interpretations in judicial decisions. Congress to legislate, based on its own understanding of its constitutional power, but reinforced by courts' contributions.
We have grounds to hope that the outcome of this dialogue may, as a consequence of the differences between the legislative and adjudicatory process and the cultures of legislatures and courts, produce outcomes that are more fully theorized relative to what we would likely obtain from a one-way model of deference in which legislatures act and courts submit.
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=969999&high=%20sprigman
Chris Sprigman is an Associate Professor at the University of Virginia School of Law, where he teaches intellectual property law, antitrust law, competition policy, and comparative constitutional law. His scholarship focuses on how legal rules affect innovation and the deployment of new technologies. Sprigman received his B.A. with honors from the University of Pennsylvania in 1988. He attended the University of Chicago Law School, graduating with honors in 1993. At Chicago he served as an editor of the University of Chicago Law Review. Following graduation, Sprigman clerked for the Honorable Stephen Reinhardt of the United States Court of Appeals for the Ninth Circuit, and for Justice Lourens H. W. Ackermann of the Constitutional Court of South Africa. Sprigman also taught at the law school of the University of the Witwatersrand, in Johannesburg, South Africa. From 1999 to 2001, Sprigman served as Appellate Counsel in the Antitrust Division of the U.S. Department of Justice, where he worked on U.S. v. Microsoft, among other matters. Sprigman then joined the Washington, D.C. office of King & Spalding LLP, where he was elected a partner. In 2003, Sprigman left law practice to become a Residential Fellow at the Center for Internet & Society at Stanford Law School. Sprigman joined the UVA law faculty in 2005.
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