Stem cell products have the potential to give patients access to treatments and cures for diseases and conditions that are currently beyond the scope of modern medicine. There are not yet many stem cell products on the market in the United States, but soon there will be. It therefore makes sense...

The San people of southern Africa with their traditional knowledge (TK) of the appetite-suppressant properties of the Hoodia plant have excited the interest of Western drug companies as well as advocates of intellectual property (IP) for indigenous peoples. Previous legal literature reveals an...

I argue for three theses: T1 - It is possible to use access to scientific knowledge to reinforce existing scientific communities and sometimes generate new ones. T2 - It is possible to use community to generate scientific knowledge, patent reform, scientific research, medical diagnostics, and...

For nearly a century, most persons who have studied or written about property have conceived of it as a bundle of rights or, colloquially, as a bundle of sticks. In the mid 1990s, several philosophically minded academic lawyers questioned whether property should be thought of as a bundle at all....

This article offers a proposal for the regulation of stem cell products by the Food and Drug Administration (“FDA”) that corresponds to a specialized product liability scheme. It shows how product liability and administrative law can be successfully integrated to create a comprehensive legal...

The WTO TRIPs Agreement heralded a landmark and controversial change in international law. It significantly increased the power of international intellectual property law and simultaneously engendered debate over the status and scope of intellectual property rights. Perhaps the most...

Human embryonic stem cell research raises a raft of legal issues that cut across substantive areas of law. This paper categorizes and analyzes issues concerning the regulation of research, patent protection for stem cell innovations, informed consent of research subjects, and property rights in...

Recent work on the commons and the anticommons is novel and promising. Briefly, a commons is a resource which all have a liberty-right to use, from which no one has a normative power to exclude others, and which no one has a duty to refrain from exploiting. By contrast, an anticommons is,...

Hydroelectric dams produce electricity, provide flood control, and improve agricultural irrigation. But the building and operation of these dams frequently involve forced displacement of local communities. Displacement often has an outsized impact on indigenous persons, who are...