Malla Pollack started law school on her forty-first birthday, immediately after earning a masters degree in library science. She graduated summa cum laude from Benjamin N. Cardozo School of Law, Yeshiva University. She then clerked for Judge Charles Proctor Sifton, E.D.N.Y., and Judge (now Associate Justice) Ruth Bader Ginsburg, D.C. Cir. Pollack has practiced intellectual property at a national law firm and taught at various law schools around the United States. She specializes in intellectual property and constitutional law. Her basic stance is to prioritize people -- as opposed to property, power, theory, or traditional institutions. Therefore, in intellectual property matters, her service and scholarship focus on the public domain.
Articles
The Unaffordable Cost of Not Having Positive Rights, A United States Perspective, Charleston L. Rev. (2008)
This is an updated version of the book chapter published in Brazil earlier in 2008....
Warning! Experts May Be Hazardous To Your Health, Dartmouth Law Journal (2008)
The academy is now emphasizing inter-disciplinary scholarship and decision-making, especially the use of science to...
Teaching Intellectual Property as a Skills Course , American Justice Law Review (2007)
Students can gain experience in practical skills in substantive courses if professors spend the time...
A Listener’s Free Speech, A Reader’s Copyright, Hofstra Law Review (2007)
Despite the Supreme Court’s repeated use of free speech doctrine to derail media reforms,...
Rebalancing Section 512 to Protect Fair Users from Herds of Mice-Trampling Elephants, or a Little Due Process Is Not Such a Dangerous Thing, Santa Clara Comp. & High Tech. L.J. (2006)
I agree with the basic concept of 17 U.S.C. § 512; to protect Internet functionality,...
Books
Contributions to Books
The Unaffordable Cost of Not Having Positive Rights, A United States Perspective (in English, published in Portuguese), DIREITO FUNDAMENTAIS, ORÇAMENTO E RESERVA DO POSSÍVEL (The Cost of Rights) (2008)
Despite the high value of advanced economic theory and the enviable wealth of the United...
Amicus Briefs
eBay Inc. v. MercExchange, LLC , U.S. Supreme Court (2006)
Brief argues that Constitution and public policy support a presumption against graniting injunctive relief to...
MGM v. Grokster, U.S. Supreme Court (2004)
This brief makes three aguments against copyright liability for Grokster. First, Petitioners’ request to close...
KP Permanent Make-up v. Lasting Impression, U.S. Supreme Court (2004)
Brief argues for allowing fair use defense in trademark despite existence of likelihood of confusion....
Dastar Corp. v. 20th Century Fox Film Corp., filed with U.S. Supreme Court (2003)
Amicus brief filed in support of Dastar regarding use of Lanham Act to stop distribution...
Other
Comment to FCC on Media Ownership Rules (2007)
Comment Submitted Jan. 2007 in Media Ownership Rules Docket.
Comment to FTC on Ecommerce (1999) (1999)
Comment on Ecommerce submitted to FTC suggesting an opt-in government program for finding web sites...