I'm delighted to announce that we will be hosting Professor Jeanne Fromer on December 10 for a lunch speaker series discussion on "The Dormant IP Clause." The event will take place at 12:10 p.m. in Room 120 of Yale Law School. Many of you know that Professor Fromer is a resident fellow alumna of the Information Society Project and it will be wonderful to welcome her back to Yale Law School.
About the Talk:
"In this work, I explore the relationship of Congress's powers under the Constitution's IP Clause and Congress's other powers. I show that the text, structure, and history of the IP Clause, as well as subsequent governmental activity and Supreme Court doctrine, demonstrate strongly that the IP Clause dormantly limits Congress’s other powers. That is, this evidence shows that if Congress seeks, via legislation, to promote the progress of science and the useful arts, the only way it can do it is by enacting laws that secure to authors and inventors exclusive rights in their writings and discoveries for limited times. I provide an analytical framework in which courts, legislators, and others might assess the constitutionality of federal legislation. This framework suggests that a number of current federal laws, such as federal trade secrecy provisions and anti-bootlegging laws, are unconstitutional. The framework also suggests how to assess the constitutionality of laws that would protect databases, laws passed pursuant to treaties with other countries, and federal funding for scientific and artistic works."
About Jeanne Fromer:
Associate Professor Jeanne Fromer teaches in the areas of intellectual property and contracts. She specializes in intellectual property and information law, with particular emphasis on unified theories of patent and copyright law. Before coming to the Fordham University School of Law, Professor Fromer served as a law clerk to Justice David H. Souter of the U.S. Supreme Court and to Judge Robert D. Sack of the U.S. Court of Appeals for the Second Circuit. She also worked at Hale and Dorr LLP (now WilmerHale) as an intellectual-property attorney. In addition, she was an Alexander Fellow with the New York University School of Law and a Resident Fellow with Yale Law School’s Information Society Project. Professor Fromer earned her B.A., summa cum laude, in Computer Science from Barnard College, Columbia University. She received her S.M. in Electrical Engineering and Computer Science from the Massachusetts Institute of Technology for research work in artificial intelligence and computational linguistics and worked at AT&T (Bell) Laboratories in those same areas. As a graduate student, Professor Fromer was both a National Science Foundation Graduate Research Fellow and an AT&T Laboratories Graduate Research Fellow. Professor Fromer received her J.D., magna cum laude, from Harvard Law School, serving as Articles and Commentaries Editor of the Harvard Law Review and as Editor of the Harvard Journal of Law and Technology.