David McGowan

David McGowan
Phone: (619) 260-7973
Office: Warren Hall 306
Assistant:

Karin Spidel
kspidel@SanDiego.edu
(619) 260-2962

Lyle L. Jones Professor of Competition and Innovation Law; Director, Center for Intellectual Property Law & Markets

  • JD, 1990, University of California, Berkeley
  • BA, 1986, University of California, Los Angeles

Areas of Expertise

Professional Responsibility, Contracts, Antitrust Law, Intellectual Property, Legal Ethics, Law and Technology, White-Collar Crime

Professional Experience

McGowan clerked for the Hon. A. Raymond Randolph of the U.S. Court of Appeals for the District of Columbia Circuit. He practiced in San Francisco with Skadden, Arps, Slate, Meagher & Flom and Howard, Rice, Nemerovski, Canady, Falk & Rabkin, where he was elected a director shortly before moving to academia. McGowan taught at the University of Minnesota School of Law from 1998 to 2005. He joined the USD School of Law faculty in 2005.

Honors and Affiliations

McGowan was associate editor of the California Law Review and a member of the national moot court team at the University of California, Berkeley. He is affiliated with Durie Tangri LLP in San Francisco and is a member of the Order of the Coif.

Scholarly Work

Consumer Contracts and the Restatement Project” in 19 San Diego Legal Studies Paper Series 424 (2019); “Legal Education and the Ethics of Acceptance” in 18 San Diego Legal Studies Paper Series 354 (2018); “The Criminal Conflicts Paradox” in 18 San Diego Legal Studies Paper Series 332 (2018); “The Lemons Problem in Criminal Appeals: On the Pernicious Effects of Douglas v. California” in 18 San Diego Legal Studies Paper Series 353 (2018); “The Apportionment Problem in Copyright Law” in 17 San Diego Legal Studies Paper Series 307 (2017); “Bleak Work: Role Morality in Dickens and in Practice” in 16 San Diego Legal Studies Paper Series 221 (2016); “Two Ironies of UPL Laws” in 16 San Diego Legal Studies Paper Series 218 (2016); “California's Duty of Confidentiality: A Case Study in Code Interpretation” in 14 San Diego Legal Studies Paper Series 163 (2014); “The Unfallen Sky” in 51 Houston Law Review 337 (2013); “Lawspeech” in 2012 Journal of the Professional Lawyer 1 (2012); “Making Law School More Useful” in 13 San Diego Legal Studies Paper Series 102 (2012); “Big But Brittle: Economic Perspectives of the Law Firm in the New Economy” in 2011 Columbia Business Law Review (with Burk) (2011); “Some Realism about the Free Speech Critique of Copyright” in 74 Fordham Law Review 101 (2005); “Copyright Nonconsequentialism” in 69 Missouri Law Review 1 (2004); and “Legal Implications of Network Economic Effects” in 86 California Law Review 479 (with Lemley) (1998).

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