The orthodox argument for IP proceeds in three steps. First, creative works are often difficult and expensive to create - think of the poet in pursuit of the right verse, or pizza-fueled late nights spent programming a new video game. Second, once the author or inventor produces the first...

Offshoring is usually thought of in the context of globalization and economic activity. Yet a signal feature of the Bush Administration's quot;war on terrorquot; was the offshoring of core security functions. The most famous example is the use of Guantanamo Bay as a detention center, but many...

Fashion today is faster than ever and knockoffs more common, but fashion copying is nothing new. For over a century the fashion industry has bemoaned the ubiquity and ease of copying. Writing in 1916, one industry observer explained the problem: Despite “the expense of thousands of dollars to...

The guiding principle of postwar global governance was multilateralism. From the grandest multilateral project -- the United Nations -- to the many organizations created in the years after the Second World War, global governance followed a familiar state-centric template. 21st century global...

Are trademark owners harmed when observers on the street mistake knockoffs for the real thing? The concept of "post-sale confusion"—which has resulted in verdicts over over $300 million—is predicated on the notion that trademarks can be harmed even if no consumer is ever confused about what...

This essay, forthcoming in the Oxford Guide to Treaties, surveys the role of NGOs in treatymaking. It asks four key questions. First, what roles do NGOs play today in treaty processes, and how have these roles changed? Second, what explains the increased prominence of NGOs? Third, are NGOs a...

By many measures China is the world’s largest luxury goods market. China is also widely viewed as the world’s chief counterfeiter and pirate. How can authentic luxury products, with their often-stratospheric prices, have such astonishing success in China when knockoff versions are so widely...