H. Brian Holland
Associate Professor of Law
Email Professor Holland

Courses: Constitutional Law, Civil Procedure, Intellectual Property

Professor H. Brian Holland joined the faculty of Texas Wesleyan School of Law 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), and federal bankruptcy jurisdiction and venue. 

Professor Holland’s scholarship reflects his interest in technology, governance and social change, with a particular emphasis on issues of authority within the online environment and the development of social norms in mediated communities. He is currently writing on privacy in social networks. His most recent work, "Social Distortion: Regulating Privacy in Social Networks," has been a featured presentation at privacy conferences both in the United States and Europe.

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. His dissertation, now in progress, applies social semiotic theories to the concept of fair use in intellectual property law.

Selected Publications

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

"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).  [Hein] [LexisNexis] [Westlaw]

"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). [LexisNexis] [Westlaw]

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

Selected Recent Presentations

“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).