Guides: Evolving Doctrine Series: Kali Murray

Faculty Bio

Kali Murray, Professor of Law, Marquette University School of Law

Professor Kali Murray is a Professor of Law at Marquette University Law School. Professor Murray's research agenda is focused on the "politics of participation" in patent, property and administrative law.

In patent law, Professor Murray is interested in how the doctrinal formation of patent law is impacted by different administrative, political, and social structures. Among her works, she has published a book, The Politics of Patent Law: Crafting the Participatory Patent Bargain, as a part of the Routledge Research Series in Intellectual Property Law in 2013. Professor Murray's commitment to exploring these subjects has also extended to her work with the Administrative Conference of the United States on the utity of small claims court in patent law as well as submission of a series of amicus briefs addressing the role of constitutional claims under 1st and 13th Amendment to limit patents in genetic information. Her current work, Infrostructure(s), will be published in the Buffalo Law Review in Fall 2023 and will focus on how public rights in information are constructed.

In property law, Professor Murray is interested in the impact of race, ethnicity and culture on the development of property law. She is the lead co-author on Integrating Spaces: Property Law and Social Identity, will be published in Fall 2023.

Select Scholarship

A Politics of Patent Law by Kali Murray
Call Number: E-BOOK
ISBN: 0415565170
Publication Date: 2012-10-26
There has been much written on the impact of international treaties like the Trade Related Aspects on Intellectual Property (TRIPS), which laments the failure of patent systems to respond to the interests of a diverse set of non-profit, public interest, and non-corporate entities. This book examines how patent law can accommodate what James Boyle terms a "politics", that is, "a conceptual map of issues, a rough working model of costs and benefits, and a functioning coalition-politics of groups unified by common interests perceived in apparently diverse situations". A Politics of Patent Law provides a substantive account of the ways in which various types of participatory mechanisms currently operate in patent law, and examines how these participatory mechanisms can be further developed, particularly within a regional and international context. In exploring this, Murray highlights the emergence of constitutional law in international intellectual property law as being at the centre of the patent bargain and goes so far as to argue that the constitutional tradition in intellectual property law is as important as TRIPS. Ultimately, the book sets forth a "tool-box" of participatory mechanisms which would allow for, and foster third party participation in the patent process. This book will be of particular interest to academics, students and practitioners in the field of IP Law.
Integrating Spaces by Alfred L. Brophy; Alberto Lopez; Kali N. Murray; Rose Cuison-Villazor
ISBN: 9781543802634
Publication Date: 2023-09-15
Integrating Spaces: Property Law and Social Identity, Second Edition, provides a dynamic social, historical, and doctrinal context for understanding property law. With historical perspective and doctrinal analysis, it maps the directions in which property law has turned in response to issues of race and ethnicity, and demonstrates how racial and ethnic categories continue to affect contemporary property law. New to the 2nd Edition: New frames to understand the relationship of property law and social identity: social identity, dispossession, disruption and reordering, place, space and social identity, and repair. A wider range of social identities, including race, gender, sexual orientation, marital status, and citizenship status. New material to the Black Lives Moment including material on debates over memorials, reparations, and transportation. New material on the Asian-American experience related to property law including the migration of Asian-Americans, the barriers to property ownership for Asian-Americans, and citizenship status for Asian-Americans. Expanded discussion of Native American and tribal identity, including a consideration of the status of Native Hawaiians, and the status of Black members of tribal entities. Comparative and international law materials in property law including Haiti, South Africa, the European Union, and Australia. Different approaches to social identities, including critical race theory, progressive property theory, and social and political history. New material on neighborhood, space and place, including material related to highway expansion and blight.

Journal Articles

Kali Murray, Status, Subject, and Agency in Innovation, 72 Emory L. J. Online 36 (2023).
Kali Murray, Charles Reich’s Unruly Administrative State, 129 Yale L. J. 714 (2020).
Kali Murray, Intellectual Property Liberation: An Essay, 18 U. St. Thomas L.J. 546 (2022).
Kali Murray, Justifying the Public Law of Patents, 42 ElgarOnline 437 (2023).
Kali Murray, Policing in Place: A Community Economic Development Strategy, 26 J. of Affordable Housing & Community Development L. 69 (2017).
Kali Murray,Trademark Law in the Time of Kulturkampf: The Poirean Perspective, 47 Seton Hall L. Rev. 717 (2016).
Kali Murray, What Is Owed: Obligation's Relevance in Property and Intellectual Property Theory, 2 Tex. A&M J. Prop. L. 275 (2014).
Kali Murray, Dispossession at the center in property law, 2 Savannah L. Rev. 201 (2015).

Newspapers and Magazines

Kali Murray, Tearing at the Mask of the Administrative State, The Regulatory Review, Nov 3, 2020.

For more scholarship, visit Professor Murray's Google Scholar Profile page