Faculty Information

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  • Biography

    B.A., State University of New York at Oswego
    J.D., Albany Law School
    LL.M. Yale Law School

    Professor Robert Heverly's research and teaching interests span property and land use law, intellectual and property and copyright law, and cyberspace and communications law. Most recently a visiting professor of law at Michigan State University College of Law, he was previously lecturer in law and director of the LL.M. Programme in Information, Technology and Intellectual Property at the Norwich Law School of the University of East Anglia (UEA) in Norwich, England, and fellow with the Information Society Project at Yale Law School, where he retains an affiliation as a faculty fellow. From 1992-2001, he served as assistant director of Albany Law School's Government Law Center.

Bo​oks

 Books Content Query

  • Contributor, HISTORICAL DICTIONARY OF AMERICAN RADIO Godfrey & Leigh (Greenwood Publ. 1998)

Publications

  • Professor Heverly is working on an amicus brief with help from students from the pro bono program in a U.S. national security whistle-blower case in the U.S. Supreme Court.

  • Growing Up Digital: Control and the Pieces of a Digital Life, in THE MACARTHUR FOUNDATION SERIES ON DIGITAL MEDIA AND LEARNING, Volume 6: Innovative Uses and Unexpected Outcomes (edited by Tara MacPherson) (2008)papers.cfm

  • Law as Intermediary, 2006 Michigan St. L. Rev. 107 (2006)papers.cfm

  • The Information Semicommons, 18 Berkeley Tech. L.J. 1127 (2003)papers.cfm

  • Technology Raises Risk of Tyranny, Op Ed, LA Times, Dec. 5 2002 [reprinted, inter alia, in the Chicago Tribune]

  • MANUAL FOR ADMINISTRATIVE LAW JUDGES AND HEARING OFFICERS (editor/chapter author), NYS Department of Civil Service (2002)

  • Public Deposits and Investments: A Review of Investment and Banking Law as Applied to Local Governments, Government Law Center of Albany Law School (2002)

  • Technology Property: Instant Messaging for Lawyers, Probate and Property (American Bar Association Real Property, Probate and Trust Law Section), May/June 2001

  • Technology Property: Pitfalls of Exchanging Documents Electronically, Probate and Property (American Bar Association Real Property, Probate and Trust Law Section), January/February 2001

  • Site Development Plan Review, in NEW YORK ZONING LAW AND PRACTICE (Salkin, editor) (West 2000)

  • Technology Property: Technofears and Modern Law Practice, Probate and Property (American Bar Association Real Property, Probate and Trust Law Section), May/June 2000

  • Technology Property: Finding and Using Forms on the Internet, Probate and Property (American Bar Association Real Property, Probate and Trust Law Section), January/February 2000

  • Wireless Facilities Siting: National Protections, Local Control, CCH Power and Telecom Law, vol. 2, no. 6 (September/October 1999)

  • Siting of Wireless Telecommunications Facilities, in NEW YORK ZONING LAW AND PRACTICE (Salkin, editor) (West 1999)

  • Land Use Law Sites on the World Wide Web, ABA State and Local Law Section Land Use Law Update (1999)

  • Ways the legal profession can make use of the Internet, The Business Review (Albany), April 26, 1999

  • Federal Preemption of Local Zoning, Sub-committee Report Urban Lawyer (Land Use Regulation Committee, ABA State and Local Government Law Section) (1999)

  • Section 704 of the Telecommunications Act of 1996: An Update on Zoning and Wireless Facilities, Urban Lawyer (Fall 1998), (Co-author with D. Pugh & R. Foster)

  • Contributor, HISTORICAL DICTIONARY OF AMERICAN RADIO Godfrey & Leigh (Greenwood Publ. 1998)

  • Training helps employees overcome 'technophobia', The Business Review (Albany), July 13, 1998

  • Technology/Property: Law Practice on the World Wide Web, Probate and Property (American Bar Association Real Property, Probate and Trust Law Section), May/June 1998

  • Web poses potential ethics pitfalls for lawyers, The Business Review (Albany), April 25, 1997

  • Dealing with Towers, Antennas, and Satellite Dishes, 48 Land Use L. & Zn. Dg. 3 (Nov. 1996)

  • Rights and Freedoms under the State Constitution (symposium participant), 13 Touro L. Rev. 98 (1996)

  • The State Role in Regulating Telecommunications: An Introduction, 6 Albany Law Journal of Science & Technology 1 (1996)

  • The Role of Legislation, and the Legislature, in the Regulatory Reform Process, 1 Albany Law Environmental Outlook 36 (1995)

  • Alcohol Over the Airwaves, Broadcasting and the Law: Volume 1, Government Law Center of Albany Law School/New York State Broadcasters Association (1994, revised 2001)

  • Lotteries and Games of Chance, Broadcasting and the Law: Volume 2, Government Law Center of Albany Law School/New York State Broadcasters Association (1994, revised 2001)

  • Intermunicipal Cooperative Agreements, A Practical Guide, Issues & Options, National League of Cities, 1994

Forthcoming Publications

Selected Achievements

  • Professor Robert Heverly gave a curated talk and participated in a roundtable at the Drones & Aerial Robotics Conference at NYU in New York City on Oct. 12, 2013.
  • Professor Robert Heverly presented his paper "Regulating the Cyborg" at George Washington University School of Law as part of the institution's Intellectual Property Law Program Papers Series on April 3, 2013.
  • Professor Robert Heverly gave a talk on "Tort Liability in Denial of Service Attacks" at St. John's University School of Law as part of a faculty scholarship exchange.

  • Professor Robert Heverly participated in a workshop on intellectual property at New York University School of Law.

  • Professor Heverly taught a summer class as part of George Washington University Law School's Munich Intellectual Property Summer Program in Germany in July.
  • Professor Heverly presented on social media and legal ethics throughout the spring, including a number of CLEs for the Appellate Divisions in the Third and Fourth Department and for the Albany County Bar Association.
  • Professor Heverly presented a session on social media at Albany Law School's orientation for the class of 2017 in Augus.
  • Professor Heverly's research on state authority to regulate Unmanned Aviation Systems (also known as drones) is nearing completion, and his larger "Cyborg Project" continues to make good progress.

In the News

  • Professor Robert Heverly appeared on the web-based technology law program "This Week in Law" on March 29, 2013.
  • Professor Robert Heverly recorded a segment on "Who Controls the Internet" for WAMC's Academic Minute on Feb. 5, 2013.
  • "You can't just outright prohibit leafleting," said Robert Heverly, an assistant professor and interim director of the Government Law Center at Albany Law School. "An airport can put up reasonable restrictions that are not based on content."

    Legal questions about videos are still being defined, he said, as many rules come from when filming meant crews with lighting and heavy cameras. Now, people can shoot video with cellphones.

    "We're starting to get rulings from courts that this is protected activity," he said.

    From the article "Airport limits get an airing" in the Albany Times Union on Dec. 6, 2012.

  • Professor Robert Heverly was interviewed by YNN on Jan. 18 on SOPA and its implications for web content producers and consumers in the segment "Websites like Wikipedia go dark to protest SOPA."

    Heverly said, "Think about how many sites that Google deals with. That's really not an easy thing for Google to do to try to police every site it adds to its index. If it doesn't do that, then it's potentially subject to liability."

    Which could drastically change the way those sites share content.

    "Does that mean Google indexes less?" asked Heverly. "Now you can't find the neat sites because Google hasn't gotten to them or hasn't had a pair of eyes look at them to determine whether there's infringing material there?"