Add to ORKGThe recent Supreme Court battle over the legal standard for permanent injunctions in patents cases (eBay v. MercExchange) marked an important new front in the Property Rights Movement's campaign to establish a strict and broad interpretation of property rights and their enforcement. This essay explores whether Professor Richard Epstein's embrace of intellectual property rights is likely to produce a durable marriage of traditional property rights theory and intellectual property protection or merely represents a fling that will not withstand divisive relational pressures. It shows that philosophical, functional, intellectual, and political tensions stand in the way of a stable or enduring relationship between advocates of strong and unyield...
In an era of skepticism about common law traditions and sensitivity to claims of distributive injust...
Considering the steady increase in intellectual property rights in the last century, does it make se...
Increased use of the intellectual property label to describe copyright and related areas of law has ...
Are intellectual property rights like other property rights? More and more of the world’s knowledge ...
Over the last 20 years, markets have come to dominate the way ‘resources’ are managed. The expansion...
In my dissertation, I argue the economic-utilitarian elements of Locke\u27s perspective on property ...
In a celebrated lecture on the law of copyright, Zechariah Chafee suggested that objections to intel...
This book argues that we should adopt an instrumentalist approach to intellectual property and rejec...
One of the major controversies in modern intellectual property law is the extent to which property r...
This Article explores the potential conflict between intellectual property and free speech, looking ...
Many modern intellectual property scholars have argued that the creation of patents and copyrights, ...
Abstract. This paper uses two recent works as a springboard for discussing the proper contours of in...
This essay is based on commentary on Richard Epstein\u27s article, Liberty vs. Property: Cracks in t...
Over the last 20-years, markets come to dominate the way 'resources' are managed. The expansion of t...
Justifications for intellectual property rights are typically made in terms of utility or natural pr...
In an era of skepticism about common law traditions and sensitivity to claims of distributive injust...
Considering the steady increase in intellectual property rights in the last century, does it make se...
Increased use of the intellectual property label to describe copyright and related areas of law has ...
Are intellectual property rights like other property rights? More and more of the world’s knowledge ...
Over the last 20 years, markets have come to dominate the way ‘resources’ are managed. The expansion...
In my dissertation, I argue the economic-utilitarian elements of Locke\u27s perspective on property ...
In a celebrated lecture on the law of copyright, Zechariah Chafee suggested that objections to intel...
This book argues that we should adopt an instrumentalist approach to intellectual property and rejec...
One of the major controversies in modern intellectual property law is the extent to which property r...
This Article explores the potential conflict between intellectual property and free speech, looking ...
Many modern intellectual property scholars have argued that the creation of patents and copyrights, ...
Abstract. This paper uses two recent works as a springboard for discussing the proper contours of in...
This essay is based on commentary on Richard Epstein\u27s article, Liberty vs. Property: Cracks in t...
Over the last 20-years, markets come to dominate the way 'resources' are managed. The expansion of t...
Justifications for intellectual property rights are typically made in terms of utility or natural pr...
In an era of skepticism about common law traditions and sensitivity to claims of distributive injust...
Considering the steady increase in intellectual property rights in the last century, does it make se...
Increased use of the intellectual property label to describe copyright and related areas of law has ...