What will decades as a professor of law and policy analyst get you? Publications. Lots of them. Including a couple of books--Your Next Government? and Intellectual Privilege: Copyright, Common Law, and the Common Good--and papers on special jurisdictions and consent theory, copyright, free speech, prediction markets and gambling, telecommunications, other technology issues, and sundry legal topics. Nobody else has written more about the Third Amendment (the one about quartering troops). Indeed, scarcely anyone else has even noticed it.


Your Next Government? From the Nation State to Stateless Nations (Cambridge University Press, 2018)

Intellectual Privilege: Copyright, Common Law, and the Common Good (Mercatus Center, 2014)

Consent Theory and Special Jurisdictions


  • Outgrowing Copyright: The Effect of Market Size on Copyright Policy, (draft v. 2008.03.07) [PDF format]

  • The Future of Copyright, Cato Unbound, June, 2008 (online debate comprising an initial essay by each participant and subsequent written exchanges)

  • The Specter of Copyism v. Blockheaded Authors: How User-Generated Content Affects Copyright Policy, 10 Vanderbilt J. Ent. & Tech. L. 841 (2008) (invited) (draft v. 2008.01.30) [PDF format]

  • Copyright as Intellectual Property Privilege, 58 Syracuse L. Rev. 523 (2007) (invited)

  • Codifying Copyright's Misuse Defense, 2007 Utah L. Rev. 573 (2007) (invited) [PDF format]

  • Prediction Markets for Promoting the Progress of Science and the Useful Arts, 14 Geo. Mason L. Rev. 37 (2006) [PDF format]

  • Misunderestimating Dastar: How the Supreme Court Unwittingly Revolutionized Copyright Preemption, 65 Maryland L. Rev. 206 (2006)

  • Life, Liberty, and Intellectual Property, 2006 U. Ill. J.L. Tech. & Pol'y 92 (transcript of debate with Prof. Adam Mossoff)

  • Authors' Welfare: Copyright as a Statutory Mechanism for Redistributing Rights, 69 Brooklyn L. Rev. 229 (2006)
  • A short essay on Copyright and Population (v.2002.09.17)

  • Indelicate Imbalancing in Copyright and Patent Law, in Copy Fights: The Future of Intellectual Property in the Information Age at 1 (Adam Thierer & Wayne Crews, eds 2002)
    • Published Paper (1.3 MB) [PDF format]
    • reprinted as Copy Fighting, Tech Central Station, August 5, 2002, at § Intellectual Property
    • The Great Debate on Intellectual Property, Cato Policy Report, January/February 2002, at 8 (excerpts from remarks made at Fifth Annual Technology & Society Conference: The Future of Intellectual Property in the Information Age, Cato Institute & Forbes ASAP, Washington, DC, November 14, 2001) [PDF format]

  • Escape from Copyright: Market Success vs. Statutory Failure in the Protection of Expressive Works, 69 U. Cin. L. Rev. 741 (2001)
  • Fair Use vs. Fared Use: The Impact of Automated Rights Management on Copyright's Fair Use Doctrine, 76 N. Carolina L. Rev. 557 (1998)
  • Intellectual Property and the New Economy, A Presentation in the Mercatus Center's New Economy Breakfast Series, Washington, DC, January 12, 2001 [PPT format]

  • Cracking the Copyright Lock: A Debate about Implementing the WIPO Treaty, Introductory Comments at a Cato Institute Policy Forum, Washington, DC, May 14, 1998

  • Free Speech

    Prediction Markets and Gambling


    Other Law and Technology Issues

    The Third Amendment

    Various Other Legal Issues

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