Commentators have poured forth a loud and sustained outcry over the past few years that sees property rule treatment of intellectual property (IP) as a cause of excessive transaction costs, thickets, anticommons, hold-ups, hold-outs, and trolls, which unduly tax and retard innovation,...

Globally, the rapid rise of Open Source Software (OSS) development has drawn the intense attention of the public sector as well as the private sector. For a variety of policy reasons, governments throughout the world are now adopting various legislative and administrative strategies that support...

Planet earth is host to a dazzling variety of living organisms. This diversity of life, or – biodiversity, is vital to the survival and prosperity of humanity, supplying such vital amenities as food, clothing, shelter, natural biochemicals useful in medicine, industry, and agriculture, and...

Patent protection for genetic enhancements would tend to spur genetic innovation, but would tend to limit access to those genetic enhancements through discriminatory mechanisms such as price and favoritism. The patent system would likely ensure high rates of genetic enhancement innovation,...

This Article is an attempt to better understand and address the feeble rate of self-employment in African-American neighborhoods. My animating thesis is that black business lags, at least in part, because commentators have overlooked a key constraint on African-American entrepreneurship: land...

A growing chorus of voices is calling for reform or even elimination of the doctrine of inequitable conduct. Critics argue that innocent or even irrelevant prosecution mistakes can be met with the ultimate penalty: unenforceability of the entire patent. There is no question the doctrine is in...

The dominant approach to environmental policy endorsed by conservative and libertarian policy thinkers, so-called "free market environmentalism" (FME), is grounded in the recognition and protection of property rights in environmental resources. Despite this normative commitment to property...

A regulação da propriedade privada pode ser considerada como a forma mais essencial de regulação. O caráter central da regulação da propriedade privada para a maioria dos sistemas jurídicos não se justifica apenas do ponto de vista acadêmico ou ideológico. Tal entendimento tem uma...

This chapter in the forthcoming Oxford Handbook of Fiduciary Law provides synthetic analysis of the law on fiduciary relationships, focusing on the identification of fiduciary relationships and fiduciary relationship formation and termination. The chapter discusses status- and fact-based methods...

This essay highlights and pays tribute to Justice Thomas Cromwell’s contributions to Canadian fiduciary jurisprudence on the occasion of his retirement from the Supreme Court of Canada. The essay situates these contributions in the context of points of uncertainty in the Court’s earlier...