David Levine

Associate Professor of Law
Elon University School of Law 206A
2005 Campus Box
Elon, NC 27244
dlevine3@elon.edu (336) 278-9298

Brief Biography

David S. Levine is an Associate Professor of Law at Elon University School of Law and an Affiliate Scholar at the Center for Internet and Society at Stanford Law School (CIS). He is a 2014-2015 Visiting Research Collaborator at Princeton University's Center for Information Technology Policy (CITP). He is also the founder and host of Hearsay Culture on KZSU-FM (Stanford University), an information policy, intellectual property law and technology talk show for which he has recorded over 200 interviews since May 2006. Hearsay Culture was named as a top five podcast in the ABA's Blawg 100 of 2008 and can be found at http://hearsayculture.com. His scholarship, which has been published in several law reviews including Florida, North Carolina and Stanford Online, focuses on the operation of intellectual property law at the intersection of technology and public life, specifically information flows in the lawmaking and regulatory process and intellectual property law's impact on public and private secrecy, transparency and accountability. He has spoken about his work in numerous venues, from the American Political Science Association annual meeting to the Information Society Project at Yale Law School, and internationally.

Education

Levine holds a BS in industrial and labor relations from Cornell University and a JD from Case Western Reserve University School of Law.

Employment History

He was previously a resident fellow at CIS, legislative aide in the New York State Assembly, assistant corporation counsel for the City of New York and in private practice in Manhattan.

Current Projects

Federal trade secret law

access to information

evidence-based policymaking

the right to know

international trade and transparency

start-ups and IP rights 

Publications

On March 28, Levine’s article, Bring in the Nerds: Secrecy, National Security and the Creation of Intellectual Property Law, examining TPP negotiations and proposing a qualified right to national security information in international lawmaking in the Freedom of Information Act (FOIA) was one of two papers featured at a Benjamin N. Cardozo School of Law symposium in New York.

The Social Layer of Freedom of Information Law, 90 North Carolina Law Review 1687 (2012).

The People’s Trade Secrets?, 18 Michigan Telecommunications & Technology Law Review 61 (2011).

Transparency Soup: The ACTA Negotiating Process and ‘Black Box’ Lawmaking, 26 American University International Law Review 811 (2011).

“The Impact of Trade Secrecy on Public Transparency,” in The Law and Theory of Contemporary Research (Edward Elgar Publishing, 2011).

What Can the Uniform Trade Secrets Act Learn From the Bayh-Dole Act?, 33 Hamline Law Review 615 (2010).

Secrecy and Unaccountability: Trade Secrets in Our Public Infrastructure, 59 Florida Law Review 163 (2007)

Presentations

Active in policy analysis, he has made presentations to the negotiators at several negotiating rounds for the Trans Pacific Partnership Agreement (TPP), testified before the Library of Congress, co-authored influential law professors’ letters regarding the TPP, Stop Online Piracy Act (SOPA) and the Anti-Counterfeiting Trade Agreement (ACTA), and is a member of the North Carolina Mining and Energy Commission's Protection of Trade Secret and Proprietary Information Study Group that is tasked with writing the state's hydraulic fracturing regulations. Having been interviewed and quoted in many media outlets, from NPR to the Los Angeles Times, he is a recurring contributor to Slate.

Service Activities

Co-author of “Don’t Break the Internet” - published Dec. 19, 2011 by the Stanford Law Review online, detailing "potentially disastrous consequences" of two pieces of federal legislation related to the Internet and intellectual property law (Stop Online Piracy Act [SOPA] and the PROTECT IP Act [PIPA]. With Mark Lemley, the William H. Neukom Professor at Stanford Law School, and David Post, a Professor at Beasley School of Law, Temple University.

Co-author of July 6 and November 16, 2011 letters to Congress, signed by more than 100 intellectual property and cyberlaw experts opposing SOPA and PIPA. With Lemley and Post.

Co-author of Feb. 16, 2011 submission to the U.S. Trade Representative and Oct. 28 letter to President Obama, signed by more than 70 law professors, urging the Obama administration to seek Congressional approval before entering into the Anti-Counterfeiting Trade Agreement (ACTA).