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

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The Romantic Corporation: Trademark, Trust, and Tyranny, Univ. of Baltimore L. Rev. (2012)

Humans in the United States, and many other market-centric nations, live in a world extensively...

 

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Reclassifying Reverse Passing Off as Failure to Contract or as False Advertising, BU J. of Sci & Tech. Law (2011)

The tort of reverse passing off should be abolished. This conclusion stems from a combination...

 

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Patriotism for Profit and Persuasion: The Trademark, Free Speech, and Governance Problems with Protection of Governmental Marks in the United States, Trademark Reporter (2010)

“Governmental marks” are words or phrases which involve the identity of a social group that...

 

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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....

 

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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...

 

Books

Contributions to Books

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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

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Lanard v. GM , amicus brief supporting petition for certiorari to U.S. Sp. Ct. (2007)
 

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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...

 

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MGM v. Grokster, U.S. Supreme Court (2004)

This brief makes three aguments against copyright liability for Grokster. First, Petitioners’ request to close...

 

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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....

 

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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

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Comment to FCC on Media Ownership Rules (2007)

Comment Submitted Jan. 2007 in Media Ownership Rules Docket.

 

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Comment to FCC on Media Ownership Rules (2002) (2002)

Comment to FCC on media ownership rules, 2002

 

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Comment to FTC on Ecommerce (1999) (1999)

Comment on Ecommerce submitted to FTC suggesting an opt-in government program for finding web sites...