Politically Dynamic Competition
In: Virginia Public Law and Legal Theory Research Paper No. 2023-75
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In: Virginia Public Law and Legal Theory Research Paper No. 2023-75
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In: 48 Florida State Law Review 509 (2021)
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In: 75 University of Miami Law Review 113 (2020)
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In: 37 Cardozo Arts & Entertainment Law Journal 659 (2019)
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In: Virginia Public Law and Legal Theory Research Paper No. 2018-01
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In: 60 William & Mary Law Review 1395 (2019)
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In: Parameters, Spring 2012
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In: Virginia Public Law and Legal Theory Research Paper No. 2013-12
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Within intellectual property, Darcy v. Allen and the Statute of Monopolies are frequently, almost reflexively, invoked as establishing a baseline norm of economic freedom from which governments depart when they grant exclusive rights to deal in any trade or article of commerce. Against this free-market backdrop, all such grants are suspect, and only those that are justified by reference to their originality or utility are valid. Rejecting the dominant view of Darcy and the Statute of Monopolies, the paper provides a more detailed political and legislative history of both the compromise leading to Darcy and the adoption of the Statute of Monopolies than any to date, and consequently demonstrates that their true importance lies in their political, not economic, content. This reinterpretation suggests that both events are best viewed through the lens of political accountability, not economic doctrine. The paper concludes by considering the ramifications that this new understanding has for modern debates about intellectual property. This paper is forthcoming in the Virginia Law Review.
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In: Parameters: the US Army War College quarterly, Band 42, Heft 1
ISSN: 2158-2106