Many commentators, including a former law clerk, have described Justice Gorsuch as a devoted grammarian. In his first Supreme Court opinion, for instance, Justice Gorsuch dismissed one party’s argument by writing that its interpretation “doesn’t follow even as a matter of good grammar, let alone ordinary meaning.” Henson v. Santander Consumer USA Inc., 137 S. […]
Author Archives: Guest Blogger
Review of Peter J. Wallison’s Judicial Fortitude, by Alan B. Morrison
It should come as no surprise that conservatives like Peter J. Wallison, a friend and law school classmate, and now a senior fellow at the American Enterprise Institute, should want to rein in the administrative state. Nor is it remarkable that opponents of regulation, like Wallison, have focused their attention on overturning the Chevron doctrine, […]
The NIEO 2.0?, by Susan K. Sell
Sam Halabi’s Intellectual Property and the New International Economic Order offers an original take on seemingly disparate efforts by developing countries to push back against overly strong intellectual property rules and the oligopoly power of intellectual property-intensive firms. He revisits the 1970s and 1980s debates over a New International Economic Order (NIEO) that reflected keen […]
The Takings Clause, the Tucker Act, and Knick v. Township of Scott, by Aditya Bamzai & David N. Goldman
Last week, the Supreme Court heard oral argument in Knick v. Township of Scott, a case that presents the question whether “the Court should reconsider the portion of Williamson County Regional Planning Commission v. Hamilton Bank, requiring property owners to exhaust state court remedies to ripen federal takings claims.” At issue in Knick is the […]
Key Insights from Intellectual Property and the New International Economic Order, by Peter Yu
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 […]
Expanding Shelters into Protective Zones – the Three Step Test and State (and other) Practice in Developing International Copyright Law, By Henning Grosse Ruse – Khan
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 […]
International Intellectual Property Shelters Support a “Basic Needs Approach” to IP, by J. Janewa Osei-Tutu
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 […]
Duck, Duck, Goose: The Potential Perils of “Intellectual Property” Conglomeration, by Patricia L. Judd
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 […]
Exploring the Regulatory World, by Jeffrey Pojanowski
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 […]
Food For Thought From Halabi’s New International Economic Order, by Katja Weckström Lindroos
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 […]