1623630_10102167470613311_2628937155444265365_nI am a Professor of Law at William & Mary Law School and a Fellow at the Center for the Study of Law and Markets. I currently teach Torts, Intellectual Property, Property, and Property Theory. (Student Twitter feed available here.)

My scholarship chiefly centers on private law theory, with an emphasis on property and intellectual property, including patent, copyright, trademark, and trade secrecy laws, as well as related issues in privacy and information policy. I also write about conflict of laws and other problems relating to horizontal federalism. I’m interested in the role of doctrinal and conceptual analysis within a legal system whose primary orientation is instrumentalist. To find out about papers I’m working on now, click here.

I joined the William & Mary faculty in 2013. I was a law clerk to Justice Anthony Kennedy at the U.S. Supreme Court and to Judge J. Harvie Wilkinson on the U.S. Court of Appeals, Fourth Circuit. I received my law degree from the University of Virginia and my undergraduate degree from Harvard.

In addition to scholarship, I’ve also assisted counsel involved in appeals and matters related to my academic expertise—most recently the successful Supreme Court cert petition and subsequent merits briefing in Stryker v. Zimmer/Halo v. Pulse, which resulted in a $150 million enhanced damages award for patent infringement.

Please feel free to contact me by email or by phone at (757) 221-1341.

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Works in Progress


What is the Right to Exclude and Why Does It Matter?, in Property Theory: Legal And Political Perspectives (M.H. Otsuka & J.E. Penner eds., Cambridge University Press 2018).

Property, Intellectual Property, and Regulation, in The Cambridge Handbook of Classical Liberal Thought (M. Todd Henderson ed., Cambridge University Press 2018).

The Essential Structure of Property Law, 115 Mich. L. Rev. 1167 (2017).

The Positive Law Model of the Fourth Amendment, 129 Harv. L. Rev. 1821 (2016) (with William Baude).

Property, Exclusivity, and Jurisdiction, 100 Va. L. Rev. 111 (2014).

Property’s Constitution, 101 Cal. L. Rev. 277 (2013).

Choice of Law, The Constitution and Lochner, 94 Va. L. Rev. 1509 (2008).

Shorter Works

ABC v. Aereo and the Humble Judge, 9 NYU J.L.Liberty 81 (2015).

Sovereignty, Territoriality, and the Enforcement of Foreign Judgmentsin Foreign Court Judgments and The United States Legal System 13 (Paul Stephan ed. 2014) (with George Rutherglen). 

Indirect Purchaser Lawsuits and Jurisdictional Competition, Global Comp. Rev. (2013).