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Speaker Series: Amy Kapczynski, Yale University

  • When: November 14, 2018, 12 pm
  • Where: ABF Woods Conference Room, 750 N. Lake Shore Drive, 4th Floor, Lakeside, Chicago IL 60611

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Republicanism and Liberalism in Intellectual Property:

Towards a Political Economy Approach

New scholarship focused on law and political economy has recently begun to emerge within law schools drawing upon economic sociology, legal realism and critical legal studies.  This scholarship, for example, identifies the limits of “efficiency” as a normative value, and identifies alternative modes of value that do or could influence the organization of fields of law long dominated by law and economics. This paper works in this new tradition, asking how might we begin thinking beyond efficiency to incorporate concerns about inequality and the relation between economic structures and our political order into IP scholarship.  It draws upon historical and legal literature on the republican tradition in American political thought to argue that this tradition, understood as an ideal type, usefully helps identify values that are already visible in US law – including, as I will describe, several key IP doctrines – that are markedly more attentive to questions of equality and political citizenship than are law and economics approaches. 

Courtesy of Yale University

Amy Kapczynski is a Professor of Law at Yale Law School, Faculty Co-Director of the Global Health Justice Partnership, and Faculty Co-Director of the Collaboration for Research Integrity and Transparency. She joined the Yale Law faculty in January 2012. Her areas of research include information policy, intellectual property law, international law, and global health. Prior to coming to Yale, she taught at the University of California, Berkeley, School of Law. She also served as a law clerk to Justices Sandra Day O'Connor and Stephen G. Breyer at the U.S. Supreme Court, and to Judge Guido Calabresi on the U.S. Court of Appeals for the Second Circuit. She received her A.B. from Princeton University, M. Phil. from Cambridge University, M.A. from Queen Mary and Westfield College at University of London, and J.D. from Yale Law School.

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