Many modern-day Americans think about legal rights in a dualistic fashion. "Personal rights" fall on one side of the divide, while "property rights" fall on the other, and these categories of rights often are deemed to be separate and distinct. This essay, which introduces a symposium on...

Intellectual property rights are often justified by utilitarian theory. However, recent scholarship suggests that creativity thrives in some industries in the absence of intellectual property protection. These industries might be called IP's negative spaces. One such industry that has received...

The author arguments that, from a general perspective, the economic analysis of information and its relation with the law presents fulminate inefficiency. The author develops a study of the economic incentives in general and the manner how private property is constituted in the principal but not...

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,...

The dominant explanatory/justificatory framework informing scholarly commentary on copyright law, policy and theory today - certainly in the US - is law and economics. From this perspective, copyright law exists to underpin markets in certain categories of 'information good' (copyright works)....

In 1998, Congress passed the Digital Millennium Copyright Act (DMCA), a landmark piece of legislation aimed at protecting copyright holders from those who might manufacture or traffic technology capable of allowing users to evade piracy protections on the underlying work. At its core, the DMCA...

Amendments to the Louisiana Civil Code revived the potential for a testament to utilize the fidei commissum de residuo, while maintaining that the distinct fidei commissum is still prohibited. However, the Civil Code is silent as to the composition of the residual interest resulting from...

The Federal Circuit is the most visible point of the intersection between competition and patent law. When a single case contains both competition and patent issues, precedents of that court, including those pertaining to governing legal burdens or presumptions, will be critical. It is worth...

Human behavior is not always consistent with standard rational choice predictions. The much-investigated variety of apparent deviations from rational choice predictions provides a promising arena for the merger of economics and biology. Although little is known about the extent to which other...

In MGM v. Grokster, over 25 of the world's largest entertainment conglomerates joined together in petitioning the Supreme Court in an effort to shut down (yet another) p2p file sharing site. This case highlights the fault line of copyright in the digital-broadband era: where public use clashes...