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David F. McGowan
B.A., University of California, Los Angeles, Political Science, 1986
J.D., Boalt Hall, University of California, Berkeley, 1990
David McGowan is the Lyle L. Jones Professor of Competition and Innovation Law and the Director of the Center on Intellectual Property Law and Markets at the University of San Diego School of Law. He has experience in several fields, ranging from antitrust and intellectual property litigation to securities and corporate governance litigation. He was one of the earliest analysts of the law and economics of open source software and served as co-counsel in the first case affirming the enforceability of an open-source license, in which he argued and obtained summary judgment for the plaintiff.
Dave also focuses on legal ethics and professional liability issues. He has served as an expert witness on ethics issues and advises lawyers on ethics problems. He is the former co-chair of the San Diego County Bar Association Legal Ethics Committee and the author of Developing Judgment About Practicing Law, an ethics casebook published by West.
Dave began his career as a clerk to the Hon. A. Raymond Randolph of the Court of Appeals for the District of Columbia Circuit. He then worked at Skadden before moving to Howard, Rice, where he became a director shortly before moving to teaching.
Dave knew Mark, Michael, Ragesh, and Daralyn in law school. Ragesh introduced Dave to Dave’s spouse, Miranda. Dave later repaid the favor by introducing Joe to the group. Dave spends his spare time cycling, chasing his son Benjamin around the beaches of San Diego, and listening to Jussi Bjorling, Victoria de los Angeles, Sam Cooke, and Waylon Jennings.
- » David S. Law & David McGowan, There Is Nothing Pragmatic About Originalism, 102 Nw. U. L. Rev. Colloquy 86 (2007)
- » David McGowan, What Toolworks Tells Us About Tailoring Patent Misuse Remedies, 101 Nw. U. L. Rev. Colloquy 208 (2007)
- » David McGowan, Between Logic and Experience: Error Costs and United States v. Microsoft Corp., 20 BERKELEY TECH. L.J. 1185 (2005)
- » David McGowan, Legal Aspects of Free and Open Source Software, in MAKING SENSE OF THE BAZAAR: PERSPECTIVES ON OPEN SOURCE AND FREE SOFTWARE (MIT 2005)
- » David McGowan, Has Java Changed Anything? The Sound and Fury of Innovation Litigation, 87 MINN. L. REV. 2039 (2003)
- » David McGowan, Recognizing Usages of Trade: Two Examples from Electronic Commerce, 8 WASH. U. J. L. & PUB POL’Y 167 (2002)
- » David McGowan & Ragesh K. Tangri, A Libertarian Critique of University Restrictions of Offensive Speech, 79 CAL. L. REV. 825 (1991)
- » David McGowan, Copyright and Convergence: A Different Perspective (chapter in book on Feist and functionality) (Edward Elgar, 2009)
- » David McGowan, Politics, Office Politics, and Legal Ethics, 20 GEO. J. L. ETHICS 1057 (2007)
- » David McGowan, Book Review, (So) What if it’s All Just Rhetoric?, 21 CON. COMM. 861 (2006) (reviewing Eugene Garver, For the sake of argument: practical reasoning, character, and the ethics of belief)
- » David McGowan, Some Realism About the Free-Speech Critique of Copyright, 74 FORD. L. REV. 101 (2005)
- » David McGowan, Some Realism About Parochialism: The Economic Analysis of Legal Ethics, 8 LEGAL ETHICS 117 (2005) (reviewing Randal Graham, Legal Ethics)
- » David McGowan, Approximately Speech, 89 MINN. L. REV. 1416 (2005)
- » David McGowan, The Trespass Trouble and the Metaphor Muddle, 1 GEO. MASON J. LAW ECON. & POL’Y 109 (2005)
- » David McGowan, Why Not Try the Carrot? A Modest Proposal to Grant Immunity to Lawyers Who Disclose Client Financial Misconduct, 92 CAL. L. REV. 1825 (2004)
- » David McGowan, Book Review, Telling Stories for Liberty, 20 CON. COMM. 651 (2004) (reviewing David Bernstein, You Can’t Say That: The Growing Threat to Civil Liberties from Antidiscrimination Laws)
- » David McGowan, Why The First Amendment Cannot Dictate Copyright Policy, 65 U. PITT. L. REV. 281 (2004)
- » David McGowan, Copyright Nonconsequentialism, 69 MO. L. REV. 1 (2004)
- » David McGowan, From Social Friction to Social Meaning: What Expressive Uses of Code Tell Us About Free Speech, 64 OHIO ST. L.J. 1515 (2003)
- » David McGowan, Website Access: The Case for Consent, 35 LOYOLA-CHI. L.J. 341 (2003)
- » David McGowan, Legal Implications of Open-Source Software 2001 U. ILL. L. REV. 241
- » Mark A. Lemley and David McGowan, Could Java Change Everything? The Competitive Propriety of a Proprietary Standard, 43 ANTITRUST BULL. 715 (1998)
- » Mark A. Lemley & David McGowan, Legal Implications Of Network Economic Effects, 86 CAL. L. REV. 479 (1998)