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KOL071 | “Intellectual Property Law and Policy” at NYU School of Law Symposium (2011)


Kinsella on Liberty Podcast, Episode 071.

This is my appearance at a New York University School of Law/Journal of Law and Liberty Symposium: “Plain Meaning in Context: Can Law Survive its Own Language?” (February 18, 2011); my panel was “Intellectual Property Law and Policy.” Our panel was preceded by a keynote speech on a somewhat unrelated topic by Professor Richard Epstein, and featured me and two law professors specializing in IP law.

After Epstein’s keynote speech, my talk was first. The podcast here omits Epstein’s speech and begins with my own talk, and continues with the other two panelists’ talks and the Q&A session in which I answered a few questions. The full video, which includes Epstein’s introductory talk, is online here and included below.

Note: near the end of Epstein’s speech (at 48:11, in the embedded video version) I asked him a question about federalism and the doctrine of selective incorporation; he gave a fair answer, but one I disagree with on the grounds the privileges and immunities clause did not unambiguously mean to incorporate a large set of “fundamental rights” into the Fourteenth Amendment, as Raoul Berger has argued. On the IP panel, a more general Q&A and interpanelist interchange session starts around 1:53:14 in the video (57:35 in this podcast excerpt), with me drawing a lot of the questions from fellow panelists and the audience. I was the only one who used a powerpoint; it cannot be seen from the posted video, so the file is here: The problem with IP, and also embedded also below.

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