David A. Simon

Visiting Assistant Professor
Primary office:
785-864-1018
411 Green Hall


Summary

David A. Simon is a Visiting Assistant Professor. He teaches courses in criminal law, torts, and intellectual property/health. David's research focuses on intellectual property, public health & the law, and empirical legal studies. His current projects examine author's rights in copyright, trademark law & public safety, and the influence of law professors’ amici briefs on the Supreme Court. David has taught at Harvard University, University of Navarra, the European School of Economics, and Greenbriar Elementary School. Before joining KU Law, David practiced law in Chicago, first at a commercial litigation firm and later at his own firm, simon law group llc, where he counseled clients on a wide range of business transactions. He has also served as General Counsel to an investment firm in the Chicago area. After law school, David clerked for the Hon. Martin C. Ashman at the U.S. District Court for the Northern District of Illinois. He holds an LL.M. from Harvard Law School, a J.D. from the Chicago-Kent College of Law (High Honors, Order of the Coif), and a B.A. from the University of Michigan (magna cum laude). David received his Ph.D. in law from the University of Cambridge, where he was a Cambridge International Scholar.

David's scholarship has appeared or is forthcoming in the Boston College Law Review, the Washington Law Review, the William & Mary Law Review, the Utah Law Review, the Yale Journal of Law & Technology, the Michigan Telecommunications & Technology Law Review, the University of Cincinnati Law Review, the Cardozo Arts & Entertainment Law Journal, the Fordham Intellectual Property, Media & Entertainment Law Journal and the Kentucky Law Journal Online.

Courses Taught:
  • Criminal Law
  • Patent Law
  • Torts

Education

Ph.D., University of Cambridge, Trinity College, expected August 2019; LL.M., Harvard Law School, 2011; J.D., Chicago-Kent College of Law, 2008; B.A., University of Michigan, 2005. 

Teaching

Criminal Law; Patent Law; Torts

Scholarly and Teaching Interests

Intellectual Property (all subjects), Torts, Health Law & Policy, Property

Admitted

District of Columbia 2009, Illinois 2008.

Career History

Summer Associate, Brinks, Hofer, Gilson & Lione, Summer 2007; Adjunct Professor of Education Law, Concordia University Chicago, 2008-2009; Associate Attorney, Dahl & Bonadies, 2008-2009; Judicial Law Clerk, Hon. Martin Ashman, U.S. District Court., N.D. Ill., 2009 – 2010; Summer Academic Fellow, Harvard Law School, Summer 2011; Teaching Fellow, Harvard College, Department of Government, 2011 – 2012; Visiting Professor of Intellectual Property Law, University of Navarra Law School, Spring 2012; Visiting Researcher, Harvard Law School, 2012 – 2013; The Project on Law & Mind Sciences Fellow, Harvard Law School, 2011 – 2018; Attorney and Managing Member, simon law group, llc, 2016-present; Project Researcher & Post-Doctoral Fellow, Hanken School of Economics, 2019-present; Visiting Assistant Professor, University of Kansas School of Law, 2019-present.

Selected Publications

  • Confusion in Use: Trademark Law & Consumer Safety (job talk)
  • Do Law Professors Matter?: An Empirical Analysis of Supreme Court Amici Filed by Law Professors (with Ryan Owens)
  • Patient Data Ownership (with Kathleen Liddell) (forthcoming 2019)
  • Analogies in IP: Moral Rights, 21 YALE JOURNAL OF LAW & TECHNOLOGY (forthcoming 2019)
  • Legal Realism Now?, 107 KENTUCKY LAW JOURNAL ONLINE 1 (2019)
  • The Confusion Trap: Rethinking Parody in Trademark Law, 88 WASHINGTON LAW REVIEW 1021 (2013), cited in Appellant’s brief, VIP Products LLC v. Jack Daniel’s Properties, 2018 WL 5907101 (9th Cir. 2018)
  • An Empirical Analysis of Fair Use Decisions Under the Uniform Domain-Name Dispute-Resolution Policy, 53 BOSTON COLLEGE LAW REVIEW 65 (2012), covered by MANAGING IP MAGAZINE in two articles (including interview)
  • Explaining the Supreme Court’s Shrinking Docket (with Ryan J. Owens), 53 WILLIAM & MARY LAW REVIEW 1219 (2012)
  • Culture, Creativity, & Copyright, 28 CARDOZO ARTS & ENTERTAINMENT LAW JOURNAL 279 (2011)
  • Reasonable Perception and Parody in Copyright Law, 2010 UTAH LAW REVIEW 779 (2010)
  • In Search of (Maintaining) the Truth: The Use of Copyright Law by Religious Organizations, 16 MICHIGAN TELECOMMUNICATIONS & TECHNOLOGY LAW REVIEW 355 (2010)
  • Teaching Without Infringement: A New Model for Educational Fair Use, 20 FORDHAM INTELLECTUAL PROPERTY, MEDIA & ENTERTAINMENT LAW JOURNAL 453 (2010)
  • Mo’ Money, Mo’ Problems: Should Appellate Courts Have Nonparty Jurisdiction Over Lawyers’ Appeals From Nonmonetary Sanctions?, 78 UNIVERSITY OF CINCINNATI LAW REVIEW 183 (2009)
  • Register Trademarks and Keep the Faith: Trademarks, Religion, and Identity, 49 IDEA 233 (2009), cited in Sovereign Military Hospitaller v. Florida Priory of Knights Hospitallers, --- F. Supp. 2d ----, 2011 WL 4639824 (S.D. Fla. Sept. 29, 2011) Appellant’s Brief in Seventh-Day Adventists v. McGill, No. 09-5723 (6th Cir. 2009)
  • Application of Deterrence Assessment Methodologies to Commercial Ferry Attack Scenario, (contributor) CENTER FOR ADVANCED DEFENSE STUDIES (2005)
  • On Eugenics, 14.2 APORIA: THE B.Y.U. UNDERGRADUATE JOURNAL OF PHILOSOPHY 2 (2004)
  • Discrimination and Affirmative Action, 3 UNDERGRADUATE RESEARCH J. HUMAN SCIENCES 10 (2004)

Books and Other Works

  • A PATIENT’S GUIDE TO THORACIC OUTLET SYNDROME (2018)
  • Legal scholarship highlight: An empirical analysis of the Court’s shrinking docket (with Ryan Owens), SCOTUSBLOG (Jun. 20, 2012, 5:24 PM)

Selected Presentations

  • IP and Private Ordering (invited), Sustainable Business through ‘Self Regulation’ of Creation and Information Governance Responsible Organizing Conference, Hanken School of Economics, Helsinki, Finland (2019)
  • IP in AI and AI in IP (invited), Lecture on Intellectual Property, Hanken School of Economics, Helsinki, Finland (2019)
  • Confusion in Use: Trademarks and Public Safety, Intellectual Property Scholars Conference, DePaul College of Law (2019)
  • Confusion in Use: Trademarks and Public Safety (selected), 2019 SEALS Prospective Law Teachers Workshop (2019)
  • Moral Rights in Copyright Law: On the Author-Work Relation (invited), George Mason Law School Colloquium on Philosophical Approaches to IP (2019)
  • The Structure of Legal Rights, H.L.A. Hart Seminar, University of Surrey Faculty of Law, Guildford, UK (2019)
  • The Authorship of Technology: Authorship and Invention in a World of AI (invited), Lecture on Technology and Law, Koç University Law School, Istanbul, Turkey (2019)
  • Problems in Theory: Intellectual Property, The Fourth Annual Intellectual Property Mosaic Conference, IP Unbundled: Theory, Policy, and Practice, University of New Hampshire School of Law (2018)
  • Rx Marks (invited), DePaul College of Law (2018)
  • Early Moral Rights Theorists in Copyright Law, Cambridge University, Faculty of Law (2012)
  • Aspects of Intellectual Property Law and Licensing in the U.S. and Europe (invited), European School of Economics, Florence, Italy (2012)
  • The Confusion Trap: Rethinking a Defense for Parody in Trademark Law, Oxford Intellectual Property Discussion Group (2011)
  • An Empirical Analysis of Fair Use Decisions Under the Uniform Domain-Name Dispute-Resolution Policy, Intellectual Property Scholars Conference, DePaul College of Law (2011)
  • An Empirical Analysis of Fair Use Decisions Under the Uniform Domain-Name Dispute-Resolution Policy, Empirical Analysis of Law Seminar, Harvard Law School (2011)
  • Culture, Creativity, & Copyright, 8th Annual Works in Progress Intellectual Property Conference, Boston University School of Law (2011)
  • Reasonable Perception and Parody in Copyright Law, Intellectual Property Scholars Roundtable, Drake University Law School (2010)
  • Teaching Without Infringement: A New Model for Educational Fair Use, 7th Annual Works in Progress Intellectual Property Conference, Seton Hall Law School (2009)
  • In Search of (Maintaining) the Truth: The Use of Copyright Law by Religious Organizations, Intellectual Property Scholars Conference, Cardozo Law School (2008)