• Maximizing Intellectual Property: Optimality, Synchronicity, and Distributive Justice

    Author(s):
    David Blankfein-Tabachnick
    Date:
    2020
    Group(s):
    MSU Law Faculty Repository
    Item Type:
    Article
    Permanent URL:
    https://doi.org/10.17613/qj72-ep11
    Abstract:
    This Article addresses the distributive structure of intellectual property and innovation policy1 and the foundational role it plays in distributive justice. Distributive accounts of law are undergoing a renaissance; an unprecedented paradigm shift away from the wealth-maximizing approach to law and legal theory and toward a distributive view.2 In line with this shift, this Article breaks new ground in providing a needed framework for a distributive theory of intellectual property law and innovation policy and articulates an appealing, egalitarian alternative to wealth- or welfare-maximizing accounts of intellectual property and innovation policy. In doing so, this Article diagnoses and serves as a corrective to a seemingly systematic omission in the mature scholarly literature surrounding intellectual property.
    Metadata:
    Published as:
    Journal article    
    Status:
    Published
    Last Updated:
    4 weeks ago
    License:
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