Professor of LawPhone: (410) 706-4820
BA, summa cum laude, Harvard University,
MPhil, Oxford University
JD, Yale Law School
Frank Pasquale is an expert on the law of artificial intelligence, algorithms, and machine learning. He has been recognized as one of the ten most cited scholars in health law in the United States.
Pasquale frequently presents on the ethical, legal, and social implications of information technology for attorneys, physicians, and government officials. His book, The Black Box Society: The Secret Algorithms that Control Money and Information (Harvard University Press, 2015), develops a social theory of reputation, search, and finance, and offers pragmatic reforms to improve the information economy. The Black Box Society has been reviewed in Science and Nature, and published in Chinese, French, Korean, and Serbian translations.
Pasquale has advised business and government leaders in the health care, internet, and finance industries, including the U.S. Department of Health and Human Services, the U.S. House Judiciary and Energy & Commerce Committees, the Senate Banking Committee, the Federal Trade Commission, and directorates-general of the European Commission. He has also advised officials in Canada and the United Kingdom on law & technology policy.
Pasquale has been a Visiting Fellow at Princeton’s Center for Information Technology (CITP), Cambridge’s Center for Research in Arts, Social Sciences, and Humanities (CRASSH), and National Taiwan University. He is an affiliate fellow at Yale’s Information Society Project (ISP) and Vermont Law School’s New Economy Law Center (NELC). He has been a Visiting Professor at Yale Law School and Cardozo Law School.
Pasquale has been recognized as one of the leaders of a global movement for “algorithmic accountability,” and co-organized one of the leading conferences on the topic in 2016. In media and communication studies, he has developed a comprehensive legal analysis of barriers to (and opportunities for) regulation of internet platforms. He keynoted the German Re:Publica conference in 2017 with a talk on “the automated public sphere,” and the Canadian Data/Power conference in 2017 with a talk on how law and policy may shape the future of journalism. In privacy law and surveillance, his work is among the leading research on regulation of algorithmic ranking, scoring, and sorting systems, including credit scoring and threat scoring.
Pasquale has researched health data policy in work that recognizes both the rapidity of technological advances and the unintended consequences of the interaction of legal rules (such as privacy, intellectual property, and antitrust laws). He has completed a trilogy of articles examining the law and policy of tiered access to care in national and international health systems, and proposing reforms. Another trilogy explored the bioethics of human enhancement from the perspective of political economy.
Pasquale has also made methodological contributions. He co-founded the Association for the Promotion of Political Economy of Law, which has sponsored five major workshops since 2012. His work on health care and education finance has illuminated the power of private sector intermediaries in each to influence public policy in underexplored ways (such as budgetary and accounting rules). His work has also advanced the modernization of economic analysis of law, including improvements in the valuation of intellectual property.
Editor, Transparent Data Mining for Big and Small Data (2017) (with others). [Abstract]
Administrative Law: A Contemporary Approach (3d ed. 2016) (with others). [Abstract]
The Black Box Society: The Secret Algorithms that Control Money and Information (2015). [Abstract]
Health Information Law, in The Oxford Handbook of U.S. Healthcare Law (I. Glenn Cohen et al. eds., 2016).
Privacy, Autonomy, and Internet Platforms, in Privacy in the Modern Age: The Search for Solutions 165 (Marc Rotenberg et al. eds., 2015).
The Troubling Consequences of Trade Secret Protection of Search Engine Rankings, in The Law and Theory of Trade Secrecy 381 (Rochelle Cooper Dreyfuss & Katherine Jo Strandburg eds., 2011).
Trusting (and Verifying) Online Intermediaries' Policing, in The Next Digital Decade: Essays on the Future of the Internet 347 (Berin Szoka & Adam Marcus eds., 2010). [Full Text]
Reputation Regulation: Disclosure and the Challenge of Clandestinely Commensurating Computing, in The Offensive Internet: Speech, Privacy, and Reputation 107 (Saul Levmore & Martha C. Nussbaum eds., 2010).
Dominant Search Engines: An Essential Cultural and Political Facility, in The Next Digital Decade: Essays on the Future of the Internet 401 (Berin Szoka & Adam Marcus eds., 2010). [Full Text]
Ending the Specialty Hospital Wars: A Plea for Pilot Programs as Information-Forcing Regulatory Design, in The Fragmentation of U.S. Health Care: Causes and Solutions 235 (Einer Elhauge ed., 2010). [Full Text]
The Scholarship of Resonance in an Era of Discord, 47 Seton Hall Law Review 685 (2017).
Ten Simple Rules for Responsible Big Data Research, 13 PLOS Computational Biology e1005399 (2017) (with others).
Toward a Critical Theory of Corporate Wellness Programs, Biosocieties (2017) (with Gordon Hull). [Full Text]
Toward a Fourth Law of Robotics: Preserving Attribution, Responsibility, and Explainability in an Algorithmic Society, 78 Ohio State Law Journal 1243 (2017).
Une Nouvelle Course aux Armements: Surveillance des Données Informatiques et Finance Dématérialisée, 18 Perspectives Libres 112 (2016)
Two Narratives of Platform Capitalism, 35 Yale Law & Policy Review 309 (2016). [Full Text]
Law and Economics: Contemporary Approaches, 35 Yale Law & Policy Review 297 (2016) (with Martha T. McCluskey and Jennifer Taub).
Democratizing Higher Education: Defending and Extending Income-Based Repayment Programs, 28 Loyola Consumer Law Review 1 (2016). [Full Text]
First Amendment Freeze Play: Bennett's Strategy for Entrenching Inequality, 164 University of Pennsylvania Law Review Online 215 (2016). [Full Text]
Platform Neutrality: Enhancing Freedom of Expression in Spheres of Private Power, 17 Theoretical Inquiries in Law 487 (2016).
Reforming the Law of Reputation, 47 Loyola University of Chicago Law Journal 515 (2015). [Full Text]
Synergy and Tradition: The Unity of Research, Service, and Teaching in Legal Education, 40 Journal of the Legal Profession 25 (2015). [Full Text]
Four Futures of Legal Automation, 63 UCLA Law Review Discourse 26 (2015) (with Glyn Cashwell). [Full Text]
Law's Acceleration of Finance: Redefining the Problem of High-Frequency Trading, 36 Cardozo Law Review 2085 (2015). [Full Text]
The Algorithmic Self, The Hedgehog Review, vol. 17, no. 1 (2015). [Full Text]
The Spectrum of Control: A Social Theory of the Smart City, First Monday, vol. 20, no. 7 (2015) (with Jathan Sadowski). [Full Text]
The Scored Society: Due Process for Automated Predictions, 89 Washington Law Review 1 (2014) (with Danielle Citron). [Full Text]
Private Certifiers and Deputies in American Health Care, 92 North Carolina Law Review 1661 (2014). [Full Text]
Protecting Health Privacy in an Era of Big Data Processing and Cloud Computing, 47 Stanford Technology Law Review 595 (2014) (with Tara Adams Ragone). [Full Text]
Redescribing Health Privacy: The Importance of Information Policy, 14 Houston Journal of Health Law & Policy 95 (2014). [Full Text]
The Hidden Costs of Health Care Cost-Cutting: Toward a Postneoliberal Health-Reform Agenda, 77 Law & Contemporary Problems, no. 4, 2014, at 171. [Full Text]
Promoting Innovation While Preventing Discrimination: Policy Goals for the Scored Society, 89 Washington Law Review 1413 (2014) (with Danielle Citron). [Full Text]
Intellectual Property and Public Health - A White Paper, 7 Akron Intellectual Property Journal 1 (2013) (with others). [Full Text]
Grand Bargains for Big Data: The Emerging Law of Health Information, 72 Maryland Law Review 682 (2013). [Full Text]
Privacy, Antitrust, and Power, 20 George Mason Law Review 1009 (2013). [Full Text]
Beyond Napster: Using Antitrust Law to Advance and Enhance Online Music Distribution, 8 Boston University Journal of Science & Technology Law 451 (2012) (with Matthew Fagin and Kim Weatherall). [Full Text]
Accountable Care Organizations in the Affordable Care Act, 42 Seton Hall Law Review 1371 (2012). [Full Text]
Joining or Changing the Conversation?: Catholic Social Thought and Intellectual Property, 29 Cardozo Arts & Entertainment Law Journal 681 (2011). [Full Text]
Restoring Transparency to Automated Authority, 9 Journal on Telecommunications & High Technology Law 235 (2011). [Full Text]
Network Accountability for the Domestic Intelligence Apparatus, 62 Hastings Law Journal 1441 (2011) (with Danielle Citron). [Full Text]
The Hippocratic Math: How Much Should Society Spend on Health Care?, 32 Journal of Legal Medicine 529 (2011) (reviewing M. Gregg Bloche, The Hippocratic Myth: Why Doctors are Under Pressure to Ration Care, Practice Politics, and Compromise their Promise to Heal (2011)). [Full Text]
Beyond Innovation and Competition: The Need for Qualified Transparency in Internet Intermediaries, 104 Northwestern University Law Review 105 (2010). [Full Text]
Access to Medicine in an Era of Fractal Inequality, 19 Annals of Health Law 269 (2010). [Full Text]
Cognition-Enhancing Drugs: Can We Say No?, 30 Bulletin of Science, Technology & Society 9 (2010). [Full Text]
Federal Search Commission? Access, Fairness, and Accountability in the Law of Search, 93 Cornell Law Review 1149 (2008) (with Oren Bracha). [Full Text]
Internet Nondiscrimination Principles: Commercial Ethics for Carriers and Search Engines, 2008 University of Chicago Legal Forum 263. [Full Text]
Asterisk Revisited: Debating a Right of Reply on Search Results, 3 Journal of Business & Technology Law 61 (2008). [Full Text]
Reclaiming Egalitarianism in the Political Theory of Campaign Finance Reform, 2008 University of Illinois Law Review 599. [Full Text]
Technology, Competition, and Values, 8 Minnesota Journal of Law, Science & Technology 607 (2007). [Full Text]
Copyright in an Era of Information Overload: Toward the Privileging of Categorizers, 60 Vanderbilt Law Review 133 (2007). [Full Text]
The Three Faces of Retainer Care: Crafting a Tailored Regulatory Response, 7 Yale Journal of Health Policy, Law & Ethics 39 (2007). [Full Text]
Rankings, Reductionism, and Responsibility, 54 Cleveland State Law Review 115 (2006). [Full Text]
Toward an Ecology of Intellectual Property: Lessons from Environmental Economics for Valuing Copyright's Commons, 8 Yale Journal of Law & Technology 78 (2006). [Full Text]
Breaking the Vicious Circularity: Sony's Contribution to the Fair Use Doctrine, 55 Case Western Reserve Law Review 777 (2005). [Full Text]
Two Concepts of Immortality: Reframing Public Debate on Stem-Cell Research, 14 Yale Journal of Law & the Humanities 73 (2002). [Full Text]
Professor Frank Pasquale was quoted in The New York Times article "How Companies Scour Our Digital Lives for Clues to Our Health."
Professor Frank Pasquale is quoted in The New Yorker discussing New York City's attempt to regulate vendors or algorithmic services.
Professor Frank Pasquale is quoted in Wired discussing the influence of data brokers in China.
Professor Frank Pasquale was quoted by New York Magazine in the article, "Can Facebook and Google Be Disrupted?"
Professor Frank Pasquale discusses the rise of Amazon's "functional sovereignty" for CNBC commentary, "From territorial to functional sovereignty: The case of Amazon."
Professor Frank Pasquale was quoted in the Financial Times article, "Why we need to regulate the tech platforms" (subscription required).
Professor Frank Pasquale was quoted in the Washington Post article, "US tech giants may find their future shaped by Europe."
Prof. Frank Pasquale quoted in New York Times as the debate regarding fake news continues.