Intellectual Property

Intellectual Property and the Law of Land

Author(s): Peter S. Menell
Year: 2008

Abstract: In his response to my previous Regulation article, Professor Richard Epstein misses the gist and key implications of my criticism of his position. My essay questioned his overreliance on claims of structural unity between real and intellectual property systems, a claim he makes in a 2006 Progress & Freedom Foundation paper. Professor Epstein responds by citing a more balanced view that he espoused in a 2001 Indiana Law Review article. If he is now saying that his 2006 paper does not really express his views, then that clarification is worth noting.

Keywords: intellectual property, property rights, PRM, government interference, federal regulation, constitutionality, tangible resources, law, philosophy, court decisions, epstein, utilitarianism, structural unity, property tent, water law, land rights