Kerry Macintosh

Professor of Law

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Professor Macintosh has published extensively in the fields of biotechnology, electronic commerce, commercial law, and contracts. Prior to joining the Santa Clara University School of Law faculty in 1990, she taught at the University of Colorado, and she also served as a visiting professor at the University of Texas, the University of Michigan, Stanford University, and Hastings College of the Law. She previously clerked for Judge Cecil Poole of the U.S. Court of Appeals for the 9th Circuit, and for Justices Brachtenback and Dimmick of the Washington State Supreme Court.

Education

J.D., Stanford University

B.A., Pomona College

Areas of Specialization

Commercial Transactions, Electronic Commerce, Law & Biotechnology

Affiliations and Honors

  • National Writing Prize, American College of Commercial Finance Lawyers, 1993
  • L. Hart Wright Award for Excellence in Teaching, University of Michigan law students, 1992
  • Member, American Law Institute

Bibliography

Books

Human Cloning: Four Fallacies and Their Legal Consequences. Cambridge University Press (2013) | Link to Library Catalog

Illegal Beings: Human Clones and the Law. Cambridge University Press (2005) | Link to Library Catalog

Secured Transactions and Payment Systems: Problems and Answers with Clarke, Dolan, and Garvin. 2nd edition. Aspen Publishers (2003) | Link to Library Catalog

Book Chapters

Human Cloning and Family in the New Millennium in Families: Beyond the Nuclear Ideal. Cutas and Chan, editors. Bloomsbury Academic (2012) (American edition published under the title: Beyond the Nuclear Family) | Link to Library Catalog

Technology and the Case for Free Banking with Friedman in The Half-Life of Policy Rationales: How New Technology Affects Old Policy Issues. Klein and Foldvary, editors. New York University Press (2003) | Link to Library Catalog

Letters of Credit: Dishonor When a Required Document Fails to Conform to the Section 7-507(b) Warranty in Letters of Credit: Current Thinking in America. Hillman, editor. Butterworth's (1987) (Originally published at 6 Journal of Law and Commerce 1-22 (1986) | Link to Library Catalog

Articles

Psychological Essentialism and Opposition to Human Embryonic Stem Cell Research, ___ Journal of Technology Law and Policy ___ (forthcoming 2013)

Brave New Eugenics: Regulating Assisted Reproductive Technologies in the Name of Better Babies, 2010 University of Illinois Journal of Law, Technology and Policy 257-310 (2010) | Link to Digital Commons

Human Clones and International Human Rights, 4 Santa Clara Journal of International Law 134-136 (2006) (also published in 7 University of Technology Sydney Law Review 134-156 (2005); v.7 is titled The Mind, the Body and the Law, published by Halstead Press (2006)) | Link to Digital Commons

Electronic Cash: More Questions than Answers, (Association of American Law Schools 2001 Annual Meeting, Section on Law and Computers Panel Presentation), 7 Boston University Journal of Science and Technology Law 213-222 (2001) | Link to Digital Commons

The Cash of the Twenty-First Century, with Friedman, 17 Santa Clara Computer and High Technology Law Journal 273-284 (2001) | Link to Digital Commons

The New Money, (Symposium: The Legal and Policy Framework for Global Electronic Commerce: A Progress Report), 14 Berkeley Technology Law Journal 659-673 (1999) | Link to Digital Commons

How to Encourage Global Electronic Commerce: The Case for Private Currencies on the Internet, 11 Harvard Journal of Law and Technology 733-796 (1998) | Link to Digital Commons

Liberty, Trade, and the Uniform Commercial Code: When Should Default Rules Be Based on Business Practices?, 38 William and Mary Law Review 1465-1543 (1997) | Link to Digital Commons

Gilmore Spoke Too Soon: Contract Rises from the Ashes of the Bad Faith Tort, 27 Loyola of Los Angeles Law Review 483-540 (1994) | Link to Digital Commons

"We Have Met the Enemy and He Is Us", (Symposium: Is the UCC Dead, or Alive and Well?), 26 Loyola of Los Angeles Law Review 673-682 (1993) | Link to Digital Commons

Letters of Credit: Curbing Bad-Faith Dishonor, 25 Uniform Commercial Code Law Journal 3-48 (1992)

Am I My Borrower's Keeper?, (Symposium: Scholarship in Banking Law), 50 Ohio State Law Journal 1197-1227 (1989) | Link to Digital Commons

When Are Merger Clauses Unconscionable?, 64 Denver University Law Review 529-548 (1988) | Link to Digital Commons

Letters of Credit: Dishonor When a Required Document Fails to Conform to the Section 7-507(b) Warranty, 6 Journal of Law and Commerce 1-22 (1986) (Reprinted as a chapter in Letters of Credit: Current Thinking in America. Hillman, editor. Butterworths (1987)) | Link to Digital Commons

Other Articles

Working Towards Fair Information Practices: A Report, (Santa Clara Symposium on Privacy and IVHS), 11 Santa Clara Computer and High-Technology Law Journal 141-144 (1995) | Link to Digital Commons

Currently Teaching:

Spring 2014

Contracts

Tues-Thurs

Spring 2014