The Case Against IP: A Concise Guide

Like many libertarians, I initially assumed intellectual property (IP) was a legitimate type of property right. But I had misgivings from the start: there was just something too utilitarian and results oriented in Rand’s purportedly principled case for IP, and something too artificial about the state’s copyright and patent statutory classifications. I started practicing patent law around 1992, and the more I learned about IP, the more my doubts grew.

The Libertarian Approach to Negligence, Tort, and Strict Liability: Wergeld and Partial Wergeld

The question of how to objectively determine damages for negligence (tort) in a libertarian system often arises. There is not much solid, libertarian analysis out there on this issue–the answers are usually either positivistic and assume some presumptive validity of common law rules; or they are libertarian but without much mooring in any coherent libertarian legal theory.