Maureen A. O'Rourke
Education
Yale Law School New Haven, CT
Juris Doctor, 5/90
Honors in all coursesMarist College Poughkeepsie, NY
BS ‑ Accounting, 5/85; BS ‑ Computer Science, 5/85
Honors: 4.0 GPA; Valedictorian; summa cum laude; Alpha Chi Honor Society; General Academic Excellence Award; Wall Street Journal Student Achievement Award
Experience
Boston University School of Law, Boston, MA, 8/93 - Present
Dean (5/06-present)
Dean ad interim (7/04-5/06)
Associate Dean for Academic Affairs (8/03-6/04)
Associate Dean for Administration (1/01-7/03)
Professor of Law (9/98-Present)
Associate Professor (8/93-8/98)Courses: Teaching an upper-level survey course in Intellectual Property and a variety of upper-level courses in Commercial Law including Commercial Code, Sales and Secured Transactions, Negotiable Instruments, and Secured Transactions; teaching seminars in Computers and The Law and The Commercial Law of Intellectual Property to upper-class students.
Honors: Recipient of a Metcalf Award (a University-wide teaching award) and a Dean’s Award for Service
Other Teaching
La Trobe University, Melbourne, Australia
Visiting Professor of Law (7/02)
Taught a survey course in Intellectual Property to LL.M. students for one week (20 hours)
Columbia University School of Law, New York, NY
Visiting Professor of Law (9/99-12/99)
Taught a survey course in Intellectual Property and a seminar on the Commercial Law of Intellectual Property
University of Victoria Law School, Victoria, BC
Visiting Professor of Law (7/99)
Taught a segment of a summer course in American Intellectual Property Law entitled “High-Tech Issues in Intellectual Property”Scholarship: Researching and writing on the intersection of intellectual property law and other areas of law including contract and antitrust, with a concentration on issues arising in traditional and Internet software licensing
Administrative Responsibilities:
As Interim Dean: Communicating with alumni and other constituencies; fundraising; supervising all departments; budgeting for the law school; working with the University on a variety of matters including budgeting and planning capital improvements
As Associate Dean for Academic Affairs: Planning the curriculum and calendar; budgeting and monitoring salaries and benefits for full-time and adjunct faculty; hiring adjunct faculty; assessing visiting scholar applications; addressing a variety of student issues.
As Associate Dean for Administration: Coordinating an ABA site accreditation visit; establishing a Master’s Program in Intellectual Property Law; supervising the Admissions & Financial Aid Office, Publications, Registrar’s Office, Clinical Programs, Faculty Services, and the Copy Center; coordinating the completion of various surveys from law school accrediting and ranking organizationsCommittees: Appointments Committee (2003-04, ex officio); ABA Self-Study Committee (2002-03); Academic Standards Committee (2001-04); University Metcalf Committee (2000-01); Chair, Admissions Committee (1998-99, Spring 2000); Admissions Committee (1994-2004); Workshop Committee (Fall, 1996, 1997-99); Admissions Director Search Committee (1997); Foreign Programs Committee (1993-94)
Other Activities: Faculty Advisor and member of the Advisory Board, Boston University Journal of Science & Technology Law; Commencement Speaker (1998); oralist at Faculty Moot Court, judging various ABA and moot court practice rounds and competitions; lecturing incoming first year students on the American Legal System and the Study of Law and advising a group of such students; supervising independent studies and conducting brown bag lunches on various topics
IBM Corporation Somers, NY, 8/90 - 7/93
Attorney: Negotiated and wrote equity investment, joint venture, software licensing, consulting and other contracts; researched precedent in order to structure such agreements to comply with antitrust, commercial and other applicable laws; produced documents related to such transactions for government filings; reviewed and approved product plans, announcements, pricing structure and strategy for compliance with antitrust and other applicable laws
Honors: Recipient of a Division Award for service excellence and a Manager's Appreciation Award
IBM Corporation Poughkeepsie, NY, 9/85 - 8/90
Associate Accounting Analyst: Performed various full and part-time assignments in accounting and law
Professional Associations
Licensed to practice in New York
Associate Reporter, American Law Institute’s Principles of the Law of Software Contracts Project
Member, American Law Institute
Member, Institute for the Study of Information Technology and Society, Carnegie Mellon Univ.
Member, Marist College Pre-Law Advisory Board
Chair, American Association of Law Schools Section on Computers and the Law (2000)
Presentations Of Scholarly Work
Preliminary Draft No. 2, Principles of the Law of Software Contracts (2005) (with Robert A. Hillman), Presented at the American Law Institute Advisors’ and Consultative Group Meetings (September 2005); Boalt Hall, University of California at Berkeley (September 2005); New York University Law School (March 2006)
Preliminary Draft No. 1, Principles of the Law of Software Contracts (2004) (with Robert A. Hillman), presented at the American Law Institute Advisors’ Meeting (October 2004), the University of Michigan Law School (December 2004); Georgetown University Law Center (April 2005); American Association of Law Schools’ Conference on Commercial Law at the Crossroads (June 2005)
Antitrust Implications of Patent Settlement Agreements: A Comment on the Work of Professors Hovenkamp, Janis, and Lemley, 87 Minn. L. Rev. 1767 (2003) (with Professor Brodley), presented at a conference on The Interface Between Intellectual Property Law and Antitrust Law, University of Minnesota School of Law, February 2003
Bargaining in the Shadow of Copyright Law After Tasini, 53 Case Western L.Rev. 605 (2003), presented at a conference on Copyright in the Digital Age: Reflections on Tasini and Beyond, Case Western Reserve University School of Law, Center for Law, Technology & The Arts (November 2002)
Common Law and Statutory Restrictions on Access: Contract, Trespass, and the Computer Fraud and Abuse Act, 2002 J. L. Tech. & Pol’y 295, presented at the Chicago International IP Conference sponsored by the University of Illinois College of Law, University of Victoria Faculty of Law, and St. Peter’s College, Oxford (October 2002)
Bankruptcy Law v. Privacy Rights: Which Holds the Trump Card?, 38 Univ. of Hous. L. Rev. 777 (2001) (with Walter W. Miller, Jr.), presented at the University of Houston’s Institute for Intellectual Property & Information Law’s 2001 Santa Fe Conference (May 2001)
What the Future Holds: Policy Choices in a Global Marketplace, 7 Roger Williams L. Rev. 151 (2001), presented at a Conference entitled Information and Electronic Commerce Law, Comparative Perspectives, Roger Williams University Ralph R. Papitto School of Law (April 2001)
Property Rights and Competition on the Internet: In Search of an Appropriate Analogy, 16 Berkeley Tech. L.J. 561 (2001), presented at a Conference entitled Beyond Microsoft, Boalt Hall School of Law, University of California at Berkeley (March 2001)
Virtual Trespass: An Apt Analogy or a Square Peg in a Round Hole?, Communications of the ACM, Feb. 2001, at 98, presented at a panel on E-Commerce, Boston Bar Association Banking and Financial Services Seminar, October 2000
Shaping Competition on the Internet: Who Owns Product and Pricing Information?, 53 Vand. L. Rev. 1965 (2000), presented at a Conference entitled Taking Stock: The Law and Economics of Intellectual Property Rights, Vanderbilt University Law School (April 2000)
Toward a Doctrine of Fair Use in Patent Law, 100 Colum. L. Rev. 1177 (2000), presented at Faculty Workshops at Columbia University School of Law (December 1999) and Northwestern University School of Law (January 2000), the Engelberg Center on Innovation Law and Policy of New York University School of Law (February 2000), and a seminar on Intellectual Property in the New Millenium, Oxford University (March 2000)
Correcting “Mistakes” in Intellectual Property Law: Configuring the System to Account for Imperfection, 4J. Small & Emerging Bus. L. 167 (2000), presented at a Symposium on Keeping Pace With Change: Intellectual Property in the New Millenium, Northwestern School of Law at Lewis & Clark College, Portland, Oregon (October 1999)
Progressing Towards a Uniform Commercial Code for Electronic Commerce or Racing Towards Nonuniformity?, 14 Berkeley Tech. L.J. 635 (1999), presented at a Symposium on The Legal and Policy Framework for Global Electronic Commerce: A Progress Report, Boalt Hall School of Law, University of California, Berkeley, (Spring 1999)
Fencing Cyberspace: Drawing Borders in a Virtual World, 82 Minn. L. Rev. 609 (1998), presented at faculty workshops at Notre Dame Law School (September 1997) and Boston University School of Law (October 1997)
Copyright Preemption After the ProCD Case: A Market Based Approach, 12 Berkeley High Tech. L.J. 53 (1997), presented at the annual meeting of the American Law & Economics Association in Toronto, Canada (May 1997)
A False Start?: The Impact of Federal Policy on the Genotechnology Industry, 13 Yale J. on Reg. 163 (1996) (with Michael Malinowski), presented at the annual Law & Society Meeting in Glasgow, Scotland (July 1996) and at a faculty workshop at Boston University School of Law (October 1995)
Drawing the Boundary Between Copyright and Contract: Copyright Preemption of Software License Terms, 45 Duke L.J. 479 (1995) (reprinted in the Intellectual Property Law Review (1997), presented at the annual Law & Society Meeting in Toronto, Canada (May 1995)
Speeches and Participation on Scholarly Panels
Opening remarks, Conference: Software Patents in America, Boston University School of Law, November 2006
Co-Chair, IASTED International Conference on Law and Technology, Massachusetts Institute of Technology (MIT), October 2006
Speaker on Preliminary Draft No. 3, Principles of Software Contracting (with Robert Hillman), ALI Council Meeting, Philadelphia, December 2006
Speaker on Preliminary Draft No. 3, Principles of Software Contracting (with Robert Hillman), ALI Advisors & Members Consultative Group Meeting , Philadelphia, September 2006
Speaker on An Economic Analysis of Preemption (with Michael Meurer), AALS Workshop in IP, Vancouver, BC, June 2006
Intellectual Property Distinguished Visitor, Lewis & Clark Law School, March 2006 (a series of lectures to students, faculty, and the practicing bar)
Member, Research Exemption Working Group, American Association for the Advancement of Science, October 2004
Panelist, Art & Work: Copyright, Contracts and Work-For-Hire, National Initiative for a Networked Cultural Heritage Copyright Town Meeting: Copyright for Artists and their Public: Artists’ Rights and Art’s Rights, Cleveland Museum of Art, Cleveland, OH, April 2003
Moderator, Panel on The Future of Copyright and Fair Use in the Digital Era, Harvard Journal of Law and Technology Symposium, Cambridge, MA, March 2003
Panelist, American Society of Business Periodical Editors Panel on Freelancer Creators, Boston, MA, February 2003
Panelist, Private Ordering, Workshop on the Internet and The Law – A Program for Federal Judges, New York University School of Law, New York, NY, November 2002
Keynote Address, Policy Choices in a Global Economic Environment, Internet and E-Commerce Law Conference 2002, Massachusetts Continuing Legal Education, Inc., Boston, MA, November 2002
Moderator, Panels on (i) Controlling Frivolous and Anti-Competitive Intellectual Property Litigation and (ii) An Exclusive Right to Evoke, Conference on Intellectual Property, E-Commerce and the Internet, Boston College, October 2002
Testified before the joint Department of Justice and Federal Trade Commission hearings on Competition and Intellectual Property Law and Policy in the Knowledge-Based Economy, 2002
Moderator, Panel on Valuing Intellectual Property: Deal Making & Revenue, Spring Forum on Intellectual Property Law, Boston, April 2002
Panelist and Moderator, Panel on Intellectual Property and New Technologies, A Summit Meeting on Law, Information Technology and Society, Carnegie Mellon University, February 2002
Panelist, Silicon Flatirons Telecommunication Program, University of Colorado, January 2002
Speaker on Intellectual Property in the 21st Century, Law Librarians of New England Meeting, Boston, October 2001
Speaker, 39th Annual Congress of the International Association of Young Lawyers, Panel on Cut-Throat Competition or Abuse of Dominant Position: Challenges to the Conduct of Firms in a Technological Era, Montreal, Canada, August 2001
Moderator, Panel on the Open Source Movement, Conference on Bioinformatics and the Law, Boston University, April 2001
Lectured to the LLM in American Law candidates on Intellectual Property and E-Commerce, Boston University School of Law, February 2001
Panelist, Section on Antitrust and Economic Regulation, AALS Annual Conference, San Francisco, California, January 2001
Panelist, E-Commerce, New England Legal Foundation CEO Forum, December 2000
Panelist, Who Owns What and Why?: How Intellectual Property Rules Shape Market Dynamics and Business Strategies, The E-Business Transformation: Sector Developments and Policy Implications, U.S. Department of Commerce, September 2000
Moderator, Panel on Trust and the Internet, Trust Relationships Conference, Boston University School of Law, September 2000
Keynote Speaker, Eleventh Annual Workshop of the New Zealand Competition Law & Policy Institute, Auckland, New Zealand, August 2000
Panelist, Antitrust and the Internet, Harvard University Conference on Internet & Society, May 1998
Panelist, Digital Content Conference - Boalt Hall, University of California at Berkeley, 1996
Shadow Judge, MIT Conference on Computers, Freedom and Privacy Plenary Session: Before the Court: Can the U.S. Government Criminalize Unauthorized Encryption?, 1996
Panelist, Protecting Software and Information on the Internet, Boston University School of Law Symposium, 1996
Panelist, Conference on Copyright Issues and the National Information Infrastructure, Rutgers School of Law, 1996
Publications
2010 Statutory and Case Supplement to Copyright in a Global Information Economy, with J. Cohen, L. Loren & R. Okediji, 3d ed., Aspen Law & Business (forthcoming).
Copyright in a Global Information Economy, with J. Cohen, L. Loren and R. Okediji, 3d ed., Aspen Law & Business (forthcoming).
"Rethinking Consideration in the Electronic Age," 61 Hastings Law Review (forthcoming).
2009 Statutory and Case Supplement to Copyright in a Global Information Economy, with J. Cohen, L. Loren & R. Okediji, 2d ed., Aspen Law & Business (2009).
Principles of the Law of Software Contracts, with Robert Hillman, Proposed Final Draft, American Law Institute (2009).
2008 Statutory and Case Supplement to Copyright in a Global Information Economy, with J. Cohen, L. Loren & R. Okediji, 2d ed., Aspen Law & Business (2008).
Principles of the Law of Software Contracts, with Robert Hillman, Tentative Draft No.1, American Law Institute (2008).
2007 Statutory and Case Supplement to Copyright in a Global Information Economy, with J. Cohen, L. Loren & R. Okediji, 2d ed., Aspen Law & Business (2007).
2006 Statutory and Case Supplement to Copyright in a Global Information Economy, with J. Cohen, L. Loren & R. Okediji, 2d ed., Aspen Law & Business (2006).
"Being Yourself while Keeping Up with Everyone Else," in Law School Leadership Strategies: Top Deans on Benchmarking Success, Incorporating Feedback from Faculty and Students, and Building the Endowment 117, Aspatore Books (2006).
Copyright in a Global Information Economy, with J. Cohen, L. Loren and R. Okediji, 2d ed., Aspen Law & Business (2006).
"The Story of Diamond v. Diehr: Toward Patenting Software," in Intellectual Property Stories 194, J.C. Ginsburg & R.C. Cooper, eds., Foundation Press (2006).
2005 Case and Statutory Supplement to Copyright in a Global Information Economy, with J. Cohen, L. Loren & R. Okediji, Aspen Law & Business (2005).
Principles of the Law of Software Contracts, with Robert Hillman, Discussion Draft No.2, American Law Institute (2005).
2004 Case and Statutory Supplement to Copyright in a Global Information Economy, with J. Cohen, L. Loren & R. Okediji, Aspen Law & Business (2004).
Principles of the Law of Software Contracts, with Robert Hillman, Discussion Draft No.1, American Law Institute (2004).
2003 Statutory Supplement to Copyright in a Global Information Economy, with J. Cohen, L. Loren & R. Okediji, Aspen Law & Business (2003).
"Bargaining in the Shadow of Copyright Law After Tasini," 53 Case Western Law Review 605 (2003).
"A Brief History of Author-Publisher Relations and the Outlook for the 21st Century," 50 Journal of the Copyright Society of the USA 425 (2003).
"An Incentives Approach to Patent Settlements: A Commentary on Hovenkamp, Janis & Lemley," with Joseph F. Brodley, 87 Minnesota Law Review 1767 (2003).
"Common Law and Statutory Restrictions on Access: Contract, Trespass, and the Computer Fraud and Abuse Act," 2002 University of Illinois Journal of Law, Technology & Policy 295 (2002).
Copyright in a Global Information Economy and Statutory Supplement, with J. Cohen, L. Loren and R. Okediji, Aspen Law & Business (2002).
"Patent Settlement Agreements: Preliminary Views," with Joseph F. Brodley, 16 Antitrust 53 (2002).
"Bankruptcy Law v. Privacy Rights: Which Holds the Trump Card?" with Walter W. Miller, Jr., 38 Houston Law Review 777 (2001).
"Property Rights and Competition on the Internet: In Search of an Appropriate Analogy," 16 Berkeley Technology Law Journal 561 (2001).
"Virtual Trespass: An Apt Analogy or a Square Peg in a Round Hole?" Communications of the ACM at 98 (2001).
"What the Future Holds: Policy Choices in a Global Marketplace," 7 Roger Williams Law Review 151 (2001).
"Correcting 'Mistakes' in Intellectual Property Law: Configuring the System to Account for Imperfection," 4 Journal of Small & Emerging Business Law 167 (2000).
"Shaping Competition on the Internet: Who Owns Product and Pricing Information?" 53 Vanderbilt Law Review 965 (2000).
"Toward a Doctrine of Fair Use in Patent Law," 100 Columbia Law Review 1177 (2000).
"Progressing Towards a Uniform Commercial Code for Electronic Commerce or Racing Toward Nonuniformity?" 14 Berkeley Technology Law Journal 635 (1999).
"Defining the Limits of Free-Riding in Cyberspace: Trademark Liability for Metatagging," 33 Gonzaga Law Review 277 (1998).
"Fencing Cyberspace: Drawing Borders in a Virtual World," 82 Minnesota Law Review 609 (1998).
"Rethinking Remedies at the Intersection of Intellectual Property and Contract: Toward a Unified Body of Law," 82 Iowa Law Review 1137 (1998).
"Reversing ProCD: H.R. 3048 and Copyright Preemption of Shrinkwrap License Terms," 1 Modern Trends in Intellectual Property 3 (1998).
"Striking a Delicate Balance: Intellectual Property, Antitrust, Contract and Standardization in the Computer Industry," 12 Harvard Journal of Law and Technology 1 (1998).
"Copyright Preemption After the ProCD Case: A Market-Based Approach," 12 Berkeley Technology Law Journal 53 (1997).
"Legislative Inaction on the Information Superhighway: Bargaining in the Shadow of Copyright Law," 3 Boston University Journal of Science and Technology Law 8 (1997).
"A False Start?: The Impact of Federal Policy on the Genotechnology Industry," with Michael Malinowski, 13 Yale Journal on Regulation 163 (1996).
"The Law in Cyberspace: Challenges and Opportunities for Lawyers of Today and Tomorrow," 1996 Careers and the Minority Lawyer 22 (1996).
"Copyright Liability of Bulletin Board Operators for Infringement by Subscribers," 1 Boston University Journal of Science and Technology Law 6 (1995).
"Drawing the Boundary Between Copyright and Contract: Copyright Preemption of Software License Terms," 45 Duke Law Journal 479 (1995). Reprinted in 29 Intellectual Property Law Review 389 (1997).
"Proprietary Rights in Digital Data," 41 Federal Bar News & Journal 511 (1994).