David A. Simon
Associate Professor of Law
Education
Chicago-Kent College of Law, JD 2008
Harvard Law School, LLM 2010
University of Cambridge, PhD, 2019
Bio
David A. Simon is an associate professor of law and an expert on intellectual property, healthcare law, data and liability. Professor Simon has served on the law faculty at Harvard Law School, George Washington University School of Law and the University of Kansas School of Law. During his time at Harvard Law School, he led a three-year initiative at Petrie-Flom Center for Health Law Policy, Biotechnology, and Bioethics dubbed Diagnosing in the Home: The Ethical, Legal, and Regulatory Challenges and Opportunities of Digital Home Health.
Professor Simon’s research focuses on innovation in healthcare, with an emphasis on prescription drugs and devices. His current projects include developing a new theory of federal preemption as to claims against prescription drug and device manufacturers that promote off-label uses, designing systems to support research on ultra-rare diseases and conditions, and examining philosophical problems in intellectual property. His work has appeared or will appear in a variety of publications, including the Emory Law Journal, the Georgia Law Review, the Oxford Journal of Legal Studies, the Yale Journal of Law & the Humanities, the Journal of Law and the Biosciences, JAMA, Nature Biotechnology and the Journal of Law, Medicine & Ethics.
In private practice, Professor Simon represented clients in corporate, real estate and intellectual property transactions. His clients included hedge fund managers, investment firms, small businesses, professional athletes, homeless veterans, singers, songwriters and artists. He also served as a volunteer attorney for Lawyers for the Creative Arts.
Professor Simon holds an LLM from Harvard Law School, where he was a Summer Academic Fellow, and a PhD from the University of Cambridge, where he was a Cambridge International Scholar (full tuition scholarship and stipend) and member of Trinity College. He earned his BA with high honors, from the University of Michigan, and his JD, with high honors, from Chicago-Kent College of Law, where he was selected to the Moot Court Honor Society, Order of the Coif and Dean's List. During law school, he won several writing awards for work in constitutional law and intellectual property law.
More information is available at his personal website: davidasimon.us.
Fields of Expertise
- Drug Law and Policy
- Health Law and Policy
- Intellectual Property
- Medicine and Technology
- Torts
Selected Works
-
- “Using Digital Technologies To Diagnose in the Home: Recommendations From a Delphi Panel,” NPJ Digital Medicine 18 (co-author) (2024).
- “Off-Label Preemption,” Wisconsin Law Review (forthcoming 2024).
- “On Copyright Utilitarianism,” 99 Indiana Law Journal (forthcoming 2024).
- “Copyright, Moral Rights, and the Social Self,” 34 Yale Journal of Law and the Humanities 1 (forthcoming 2023).
- “Off-Label Speech,” 72 Emory Law Journal 549 (2023).
- “Off-Label Innovation,” 56 Georgia Law Review 701 (2022).
- “Lucky IP,” Oxford Journal of Legal Studies gqac006 (2022).
- “Skating the Line Between Wellness Products and Regulated Devices: Strategies and Implications,” 9 Journal of Law & Biosciences 1 (co-author) (2022).
- “Should Alexa Diagnose Alzheimer’s?: Legal and Ethical Issues With At-Home Consumer Devices,” 3 Cell Reports Medicine 1 (co-author) (2022).
- “Unsettled Liability Issues for “Pre-diagnostic” Wearables and Health-Related Products,” Journal of the American Medical Association (co-author) (2022).
- “At-Home Diagnostics and the Device vs Wellness Line,” 327 Journal of the American Medical Association 523 (co-author) (2022).
- “The Hospital-at-Home Presents Novel Liabilities for Physicians, Hospitals, Caregivers, and Patients,” Nature Medicine (co-author) (2022).
- “Patient Data Ownership: Who Owns Your Health?,” 8 Journal of Law & Biosciences 1 (2021).
- “Telehealth to Address Health Disparities: Potential, Pitfalls, and Paths Ahead,” 49 Journal of Law, Medicine & Ethics 415 (co-author) (2021).
- “Trademark Law & Consumer Safety,” 72 Florida Law Review 673 (2020).
- “Taxing the Poor Through Real Estate Transfers,” 2020 Illinois Law Review Online 29 (2020).
- “A Legal Stimulus,” Northwestern University Law Review of Note (2020).
- “Legal Realism Now?,” 107 Kentucky Law Journal Online 1 (2019).
- “Analogies in IP: Moral Rights,” 21 Yale Journal of Law & Technology 337 (2019).
- “The Confusion Trap: Rethinking Parody in Trademark Law,” 88 Washington Law Review 1021 (2013).
- “An Empirical Analysis of Fair Use Decisions Under the Uniform Domain-Name Dispute-Resolution Policy,” 53 Boston College Law Review 65 (2012).
- “Explaining the Supreme Court’s Shrinking Docket,” 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).
-
“Informational Capacity, Regulation, and Certification Marks.” In Research Handbook on the Law and Economics of Trademark Law, Ed. G. Lunney (Edward Elgar Publishing, 2023).
-
- “Regulating Speech About a Drug’s Off-Label Uses,” The Regulatory Review (August 23, 2023).
David A. Simon
Associate Professor of Law