Author Archives: Guest Blogger

Expanding Shelters into Protective Zones – the Three Step Test and State (and other) Practice in Developing International Copyright Law, By Henning Grosse Ruse – Khan

by Guest Blogger — Monday, Oct. 8, 2018

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

by Guest Blogger — Friday, Oct. 5, 2018

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

by Guest Blogger — Thursday, Oct. 4, 2018

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

by Guest Blogger — Tuesday, Oct. 2, 2018

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

by Guest Blogger — Tuesday, Oct. 2, 2018

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 […]

Symposium Introduction: Sam Halabi’s Intellectual Property and the New International Economic Order: Oligopoly, Regulation, and Wealth Redistribution in the Global Knowledge Economy, by Patricia L. Judd

by Guest Blogger — Monday, Oct. 1, 2018

I am pleased to announce a new online symposium, featuring comments about the issues that Professor Sam Halabi raises in his new book, Intellectual Property and the New International Economic Order: Oligopoly, Regulation, and Wealth Redistribution in the Global Knowledge Economy (Cambridge University Press 2018). This week’s symposium, along with Halabi’s book, strikes at the […]

Empirical Insight into the Use of Seminole Rock Doctrine (Part II), by William Yeatman

by Guest Blogger — Friday, Sept. 28, 2018

In my last post, I presented the results of an empirical investigation into Seminole Rock deference as a judicial methodology. Below, I lend perspective to these results. Deference to Agency Interpretations of Non-Regulatory Texts Is an Understudied Area of Administrative Law Perhaps the most noteworthy finding of this analysis is that the Seminole Rock framework […]

Empirical Insight into the Use of Seminole Rock Doctrine, by William Yeatman

by Guest Blogger — Wednesday, Sept. 26, 2018

Under the Supreme Court’s Seminole Rock (or Auer) doctrine, Article III courts give binding deference to an agency’s regulatory interpretation “unless it is plainly erroneous or inconsistent with the regulation.” In an effort to better understand Seminole Rock deference as judicial methodology, I recently took a deeper dive into a dataset I had created for […]

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Technological Rights Accretion, by Kristelia A. García

by Guest Blogger — Wednesday, Sept. 19, 2018

Recently, a company named Adappcity Inc. launched a new application called UppstArt. The app purports to use blockchain technology to enable visual artists to “track” art they sell such that if and when it is later resold, they are able to enforce a so-called “resale royalty.” A resale royalty is a mandatory, predetermined payment made by […]

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Deference Conservation and the World After Chevron, by Daniel B. Listwa

by Guest Blogger — Tuesday, Sept. 18, 2018

With Judge Kavanagh’s nomination pending, there has been no shortage of speculation among commentators on how his appointment might affect the Court’s jurisprudence. Of particular interest to readers of this blog, many have noted that a Justice Kavanagh would tip the Court toward greater skepticism of Chevron deference. On and off the bench, Judge Kavanaugh […]

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