Professor of LawPhone: (410) 706-4820
BA, summa cum laude, Harvard University,
MPhil, Oxford University
JD, Yale Law School
Frank Pasquale’s research addresses the challenges posed to information law by rapidly changing technology, particularly in the health care, internet, and finance industries. He is a member of the NSF-funded Council for Big Data, Ethics, and Society, and an Affiliate Fellow of Yale Law School’s Information Society Project. He frequently presents on the ethical, legal, and social implications of information technology for attorneys, physicians, and other health professionals. 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.
Pasquale has been a Visiting Fellow at Princeton’s Center for Information Technology, and a Visiting Professor at Yale Law School and Cardozo Law School. He was a Marshall Scholar at Oxford University. He has testified before the Judiciary Committee of the House of Representatives, appearing with the General Counsels of Google, Microsoft, and Yahoo. He has also presented before a Department of Health & Human Services/Federal Trade Commission Roundtable and panels of the National Academy of Sciences. He served on an American Academy of Arts and Sciences working group on the future of mobile health (mHealth) regulation. He has received a commission from Triple Canopy to write and present on the political economy of automation.
Pasquale serves on the Advisory Boards of the Data Competition Institute, Patient Privacy Rights and the Electronic Privacy Information Center. He is is on the editorial boards of the Journal of Legal Education and the Oxford Handbooks Online in Law. He has served on the executive board of the Health Law Section of the American Association of Law Schools (AALS), and has served as chair of the AALS section on Privacy and Defamation. He has been quoted in the Financial Times, New York Times, Economist, CNN, and many other media outlets.
Administrative Law: A Contemporary Approach (2016) (with others). [Abstract]
The Black Box Society: The Secret Algorithms that Control Money and Information (2015). [Abstract]
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]
Law and Economics: Contemporary Approaches, Yale Law & Policy Review (forthcoming 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).
First Amendment Freeze Play: Bennett's Strategy for Entrenching Inequality, 164 University of Pennsylvania Law Review Online 215 (2016).
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]
Frank Pasquale of the School of Law was quoted in the story "EU Data Protection Law May End The Unknowable Algorithm" on InformationWeek.
Frank Pasquale of the School of Law was quoted in the article "We’re Obsessed With Our Credit Scores" on Slate.com.
Frank Pasquale of the School of Law was quoted in the article "Google’s Antitrust Troubles In Europe Could Foreshadow U.S. Showdown" on buzzfeed.com.
Frank Pasquale of the School of Law was quoted in the story, "Facebook And The First Amendment: Legal Challenges To Trending Controversy May Prove Difficult," in International Business Times.
Frank Pasquale of the School of Law was quoted in the article "Performance management tool wires work at Schneider Electric" on Tech Target.