In a world with ever-sprawling developments involving intellectual property rights, Sam Halabi’s new book, Intellectual Property and the New International Economic Order, could not have been published at a better time. This well-written, passionately argued, historically informed and highly interdisciplinary book covers issues ranging from pharmaceutical development to agricultural production and from biological diversity to […]

It’s great to be part of this blog symposium on Sam’s excellent monograph on IP and the New International Economic Order (NIEO). As the title of my post suggests, I’ll focus on taking the idea of IP ‘shelters’ further, looking at strategies for expanding them into broader, ideally globally recognised zones that protect the basic […]

This post concludes my two-part preview of Thacker v. Tennessee Valley Authority, Dkt. 17-1201 (U.S. Sup. Ct.). The first post argued that the Federal Tort Claims Act (“FTCA”) and the Administrative Procedure Act (“APA”) should be interpreted in a complementary manner.  It explained the discretionary function exception’s vital role in allocating controversies arising from government […]

On September 28, the Supreme Court granted certiorari in Thacker v. Tennessee Valley Authority (“Thacker v. TVA”).  Order, Dkt. 17-1201, 2018 WL 4650382.  (The docket sheet is available here.)  The case raises the question of whether an implied discretionary function exception, akin to that in the Federal Tort Claims Act (“FTCA”), 28 U.S.C. §2680(a), bars […]

My thanks to Chris Walker for organizing this symposium to facilitate this conversation about Sam Halabi’s new book, Intellectual Property and the New International Economic Order, which has been published by Cambridge University Press. I enjoyed reading this book, and I will be keeping a copy on my shelves. For scholars who are interested in […]

This Friday (10/5) the Iowa College of Law will host the 2018 Iowa Law Review symposium, Administering Patent Law. The symposium focuses on the intersection of patent and administrative law, a juncture that has become particularly salient in recent years and is poised to become even more so with the Supreme Court’s continuing interest in […]

As I stated in my introductory post a few days ago, Sam Halabi’s new book on Intellectual Property and the New International Economic Order engages us in a hopeful conversation, and I am grateful to him for that. It is crucial that scholars of various disciplines continue engage on these issues of vast importance. As […]

The wealth of nations lies largely in intangible form. The World Bank estimated in a 2011 report that intangible capital constituted more than three quarters of the world’s wealth. And the distribution of intangible capital is highly uneven. Estimates from the same World Bank report indicate that high-income OECD countries, which account for approximately 14% […]

My shelves are full of books with colorful stickers and scribbles in the margins. I’ve had heated discussions with the authors, which unfortunately (for all the wrong reasons) remain fictional and trapped in my head. I would like to thank Chris Walker and the Yale Journal on Regulation’s Notice and Comment team for creating the […]

I am administrative law scholar in the fustiest sense of the term. I write about judicial review of agency action, with a particular focus on questions of law. Yes. I am one of those bores who writes about Chevron. I do this while being well aware that so much (most?) of the important thinking in […]

This post picks up where my last post left off, recapping aspects of the initial memorandum opinion and order in Public Citizen, Inc. et al v. Trump (D.D.C.). This is the case challenging President Trump’s regulatory “two-for-one” executive order (EO 13771). In the course of its discussion on associational standing, the court considers whether the […]