Faculty > Faculty Profiles > H. Brian Holland


H. Brian Holland

Professor of Law
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Courses:  Intellectual Property, Internet and Technology Law, Constitutional Law

Professor H. Brian Holland joined the faculty in 2009.  Prior to his arrival, Professor Holland was a Visiting Associate Professor at Penn State University's Dickinson School of Law.

After graduating from law school, Professor Holland spent two years as a judicial clerk in the U.S. Court of Appeals for the Second Circuit in New York. He then joined the Washington, D.C. office of Jones, Day, Reavis & Pogue.  His work with the firm consisted primarily of appellate work before the U.S. Supreme Court and federal courts of appeals, as well as international arbitration before the World Bank. Among the significant cases litigated during this period were issues of intellectual property and constitutional law (Eldred v. Reno/Ashcroft and Luck's Music Library, Inc. v. Reno/Ashcroft), privacy and identity theft (TRW v. Andrews).

Professor Holland received a LL.M., with honors, from Columbia University School of Law, completing a self-designed program in technology law.  He holds a J.D., summa cum laude, from American University’s Washington College of Law, and a B.A. from Tufts University. Professor Holland is currently pursuing his Ph.D. in Digital Media and Mass Communications at Penn State University.

Professor Holland’s scholarship focuses on Intellectual property and technology.

Selected Publications

“Social Semiotics in the Fair Use Analysis,” 24 Harvard Journal of Law & Technology 335 (2011). [SSRN]

“Section 230 of the CDA: Internet Exceptionalism as a Statutory Construct,” in THE NEXT DIGITAL DECADE (2010).

"Privacy Paradox 2.0," 19 Widener Law Journal 893 (2010). [SSRN]

"In Defense of Online Intermediary Immunity: Facilitating Communities of Modified Exceptionalism," 56 Kansas Law Review 369 (2008). [SSRN]

"Inherently Dangerous: The Potential for an Internet-Specific Standard Restricting Speech That Performs a Teaching Function," 39 University of San Francisco Law Review 353 (2005).  [SSRN]

"The Failure of the Rule of Law in Cyberspace? Revisiting the Normative Debate on Borders and Territorial Sovereignty", 24 Journal of Computer and Information Law 1 (2005). [SSRN]

"Tempest in a Teapot or Tidal Wave? CyberSquatting Remedies Run Amok," 10 Journal of Technology Law and Policy 301 (2005). [SSRN]

Selected Recent Presentations

“A Social Semiotic Approach to Copyright Law,” Drexel University School of Law (October 2011).

“Social Semiotics in the Infringement Analysis: Excluding Unprotected Elements,” SEALS
Annual Conference (July 2011).

“A Social Semiotic Approach to Copyright Law,” Drexel University School of Law (October 2011).

“Social Semiotics in the Infringement Analysis: Excluding Unprotected Elements,” SEALS
Annual Conference (July 2011).

“Social Semiotics, Originality and Authorship in Copyright Law,” Intellectual Property Scholars
Roundtable, Drake University School of Law (April 2011).

“Internet Exceptionalism as a Statutory Construct,” Panel: Internet Exceptionalism &
Intermediary Deputization, at the Next Digital Decade Symposium (January 2011).

“Social Semiotics in the Fair Use Analysis,” Scholar Exchange, Texas Tech School of Law
(October 2010).

“Social Semiotics in the Fair Use Analysis,” Intellectual Property Scholars Conference, Berkeley
School of Law (August 2010).

“Transformative Fair Use through a Social Semiotic Frame,” Intellectual Property Scholars
Roundtable, Drake University School of Law (March 2010).

“Transformative Fair Use through a Social Semiotic Frame,” Southwest/West Junior Faculty
Conference, Arizona State University School of Law (March 2010).

“Social Distortion: Regulating Privacy in Social Networks,” Symposium on Internet Privacy,
Widener Law Review (invited author, February 2010)

“Transformative Fair Use through a Social Semiotic Frame,” Annual Conference of the Central
States Law School Association (October 2009).

“Social Distortion: Regulating Privacy in Social Networks,” Privacy in Social Networking Sites in the Netherlands (Delft, October 2008).

“Regulating Strategic Data Disclosure on Social Network Sites,” 2008 Computers, Freedom and Privacy Conference (New Haven, May 2008).

“Regulating Strategic Data Disclosure on Social Network Sites,” 2008 Law and Society Annual Meeting (May 2008).

“The Right to Compartmentalize? Privacy Expectations and Practices of Job Applicants on Social Network Sites,” 2008 Law and Society Annual Meeting (May 2008).

“Regulating Strategic Data Disclosure on Social Network Sites,” Communications Colloquium, Penn State University (April 2008).