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KSandy and Stephaninsella on Liberty Podcast, Episode 209.

A patent litigator friend of mine in Houston, Sandeep (Sandy) Seth, and I have squabbled about intellectual property law before. So he came over to my house and we had a little conversation where I tried to find a way to get him to see why IP law should be abolished. The results were predictable. The video is embedded below.

Background links:

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Kinsella on Liberty Podcast, Episode 208.

A conversation about intellectual property and libertarian and property theory with my old friend J. Neil Schulman. We discussed our differing views on IP, as a result of my comments on a recent post Patrick Smith: Un-Intellectual Property. Hey, I tried my best, but we never quite saw eye to eye.

For further information, see Neil’s posts Human PropertyThe Libertarian Case for IP; and Media-Carried Property (MCP).

See also the comments here to The Origins of Libertarian IP Abolitionism and My Unfinished 30-Year-Old Debate with Wendy McElroy. For further material about Schulman’s logorights theory, see:

For some related material discussed, see

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I originally began this post as a short note about my experience with libertarian speaking over the past few years, but I began rambling and it became a bit longer, something of an adjunct to my earlier  How I Became A Libertarian.

***

A couple years ago, maybe early 2013, I resolved to stop traveling to speak at libertarian events for a while, except for attending the annual Property and Freedom Society meeting in Turkey at least every other year. I wanted to take a break. It was just becoming too much of a time such and distraction from other matters. But let me back up a bit, in hopes this may be of interest to some young libertarian scholars.

When I was a young lawyer, around 1994 (I started practicing in 1992), I started attending libertarian events, initially mostly as an attendee. I had attended an Objectivist conference in Dallas in 1988 during law school with my friend Jack Criss, and a couple of LSU campus Libertarian events (where I listened to Ron Paul speak in an LSU classroom, during  his 1988 Presidential run), but that was about it. When I started practicing law in 1992, I started publishing on both legal as well as libertarian topics. I’ve discussed my legal publishing before,1 and while I did it partly for career development reasons (publishing is one way for young lawyers at big law firms to get their names out there, develop clients, and so on), it was mainly because I found law and legal theory interesting, and enjoyed writing.  It’s the same reason I started publishing in the area of libertarian legal theory as well—such as my first scholarly article sketching out my developing theory of rights, Estoppel: A New Justification for Individual Rights, published in Reason Papers No. 17 (Fall 1992). I wrote it (by hand, in cursive!) while I was a grad law student at King’s College London—University of London in 1991. Somewhat naïvely, I submitted it to King’s College Law School’s law review, whereupon it was summarily rejected. Not daunted, I submitted an improved draft to Tibor Machan for his journal Reason Papers. In any case, a succession of both scholarly articles and books, and more popular-format articles, on both the legal and libertarian sides followed over the last two decades.2 One of them was my article The Undeniable Morality of Capitalism,3 a lengthy and favorable review essay of Hans-Hermann Hoppe’s book The Economics and Ethics of Private Property (1993). For many of my libertarian articles, I would try to publish them in standard law reviews, both to get the word out to more mainstream audiences and also to burnish my legal résumé.

While the legal publishing helped in my law career (and also led to lucrative publishing contracts later on), the libertarian publishing opened up doors for me in the libertarian world. As I recounted in How I Became A Libertarian: [click to continue…]

  1. See New Publisher, Co-Editor for my Legal Treatise, and how I got started with legal publishingPreface and Introduction to International Investment, Political Risk, and Dispute Resolution: A Practitioner’s GuideLouisiana Civil Law Dictionary Review. []
  2. For my legal publications, see KinsellaLaw.com/publications; libertarian-related lectures and publications are at www.StephanKinsella.com/publications. []
  3. 25 St. Mary’s Law Journal 1419 (1994). []
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Kinsella on Liberty Podcast, Episode 207.

A stand-alone episode recorded late at night on my iPhone—had to get it out, thinking about it was keeping me from sleeping. Audio quality is fine, though no pop filter or pro-microphone, as I just used my iPhone. Slight nasal cold leftover from snow-skiing trip altitude sickness is there, but it seems not to be too distracting.

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KOL206 | Tom Woods Show: Five Mistakes Libertarians Make

Kinsella on Liberty Podcast, Episode 206.

I discussed various libertarian with Tom Woods on his show today, Episode 592. From Tom’s show notes:

Stephan Kinsella joins me to discuss negative/positive rights and obligations, “loser pays,” whether creation makes you an owner, how we can consider spam aggression, and more. Fun!

Background materials for topics discussed:

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Back in the 1990s there was a fascinating debate carried on among various Austrians, mostly in the pages of the Review of Austrian Economics (RAE), on the issue of socialism, the economic calculation problem, and the “knowledge” argument advanced by Hayek and various Hayekians.

The debate was kicked off by some provocative comments by Misesian-Rothbardian Joseph Salerno, first in his Postscript to a 1990 reprint of Mises’s great 1920 article on the socialist calculation problem, and followed by Salerno’s 1993 article kicking off the Mises-Hayek “dehomogenization” debate.

I’ve compiled below a chronological listing of these pieces, and a few other works, with links to online versions, where available, for those who feel like reading up on this interesting issue. This is basically a (skeletal) ebook.

If anyone is aware of any significant material I have omitted, please let me know.

Update: I’ve combined most of the “main debate” and “additional materials” files into a single PDF.

Background:

Main modern debate:

See also:

For an example of an application of some of these views to legal and economic issues, see Kinsella, Knowledge, Calculation, Conflict, and Law (review essay of Randy E. Barnett, The Structure of Liberty), Winter 1999, Quarterly Journal of Austrian Economics.

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Kinsella on Liberty Podcast, Episode 205.

This is my Austrian AV Club Interview by Redmond Weissenberger, Director of the Ludwig von Mises Institute of Canada, back from Aug. 25, 2012. We had a long-ranging discussion on the issue of net neutrality, and we touched on other issues as well including various ways the state impinges on Internet freedom, such as in the name of IP (SOPA, ACTA), child pornography, terrorism, online gambling, and so on.

For background on some of the issues discussed, see my posts Net Neutrality DevelopmentsKinsella on This Week in Law discussing IP, Net NeutralityAgainst Net Neutrality.

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The Great Fractional Reserve/Freebanking Debate

Back in the 1990s there was a fascinating debate carried on among various Austrians, mostly in the pages of the Review of Austrian Economics (RAE) or Quarterly Journal of Austrian Economics (QJAE), on the issue of fractional-reserve banking and so-called free banking. On the one hand were Rothbardians such as Hoppe, Hülsmann, Huerta de Soto, and Salerno; on the other, supporters of freebanking such as Selgin, White, Dowd, and Horwitz. The Rothbardians believe fractional-reserve banking is unstable and fraudulent; the free bankers disagree. My own take is that the Rothbardians are right on the economics, although I think the fraud charge could be obviated with sufficient warnings to customers and recipients of FRB notes.

I’ve compiled below a chronological listing of these pieces, and a few other works, with links to online versions, where available, for those who feel like reading up on this interesting issue. This is basically a (skeletal) ebook.

If anyone is aware of any significant material I have omitted, please let me know.

Update: I’ve combined most of the “main debate” and “subsequent discussion” files into a single PDF.

Background material:

[click to continue…]

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