Professor Gilden teaches property, internet, and copyright law as well as trusts & estates. His research focuses on intellectual property and internet law, as well as legal issues concerning free speech, civil rights, gender identity and sexual orientation.
Before joining Willamette University College of Law, Gilden was a Thomas C. Grey Fellow and Lecturer of Law at Stanford University where he taught social media law, intellectual property counseling, federal litigation and legal research and writing. He worked as an associate in the New York office of Debevoise & Plimpton LLP, his practice focused primarily on intellectual property and media litigation. He clerked for the Hon. Cynthia Holcomb Hall of the U.S. Court of Appeals for the Ninth Circuit and the Hon. Marilyn Hall Patel of the U.S. District Court for the Northern District of California.
- JD, 2007, Georgetown University Law Center, magna cum laude, Order of the Coif
- AB, 2004, Brown University, magna cum laude
- Pleasure Patents, 63 Boston College L. Rev. (with Sarah Wasserman Rajec) (forthcoming 2022).
- Endorsing After Death, 63 William & Mary L. Rev. (forthcoming 2022)
- AI, IP, and Artistic Legacies, in Posthumous Art, Law, and the Art Market (book chapter with Taylor Hurwitz, forthcoming 2022)
- The Social Afterlife, 33 Harvard Journal of Law & Technology 329 (2020).
- Copyright's Market Gibberish, 94 Washington Law Review 1019 (2019).
- Intellectual Property's Queer Turn, Oxford Handbook of Law & Humanities (2019).
- Sex, Death, and Intellectual Property, 32 Harvard Journal of Law & Technology (2018).
- IP, R.I.P., 95 Washington University Law Review 639 (2017).
- Reading the Readers, 102 Iowa Law Review Online 174 (2017) (invited response essay).
- Punishing Sexual Fantasy, 58 William and Mary Law Review 419 (2016).
- Raw Materials and the Creative Process, 104 Georgetown Law Journal 355 (2016).
- Common Sense and the Cannibal Cop, 11 Stanford Journal of Civil Rights and Civil Liberties 313 (2015).
- Life, Death, Public Domain, 22 George Mason Law Review 13 (2014).
- Cyberbullying and the Innocence Narrative, 48 Harvard Civil Rights and Civil Liberties Law Review 357 (2013).
- Copyright Essentialism and the Performativity of Remedies, 54 William and Mary Law Review 1123 (2013).
- Fair Use for the Rich and Fabulous? 80 University of Chicago Law Review Dialogue 88 (with Tim Greene)(2013).
- No Trolls Barred: Trademark Injunctions After eBay, 99 Trademark Reporter 1037 (with David Bernstein)(2009) .
- Toward a More Transformative Approach: The Limits of Transgender Formal Equality, 23 Berkeley Journal of Gender Law and Justice 83 (2008).
- Preserving the Seeds of Gender Fluidity: Tribal Courts and the Berdache Tradition, 13 Michigan Journal of Gender and Law 237 (2007).
- Sexual (Re)consideration: Adult Entertainment Contracts and the Problem of Enforceability, 95 Georgetown Law Journal 541 (2007).