As noted in Kinsella on IP Panel of NYU School of Law Symposium: “Plain Meaning in Context: Can Law Survive its Own Language?”, last month I was a panelist on the “Intellectual Property Law and Policy” panel of Symposium: “Plain Meaning in Context: Can Law Survive its Own Language?”, put on by New York University School of Law/Journal of Law and Liberty (February 18, 2011). Professor Richard Epstein delivered an interesting keynote address immediately preceding my panel.
The video for the panel (including Epstein’s preceding speech) has now been posted; see embedded version below. My own speech starts around the 56:00 mark. Near the end of Epstein’s speech (at 48:11) I asked him a question about federalism and the doctrine of selective incorporation; he gave a fair answer, but one I disagree with on the grounds the privileges and immunities clause did not unambiguously mean to incorporate a large set of “fundamental rights” into the Fourteenth Amendment, as Raoul Berger has argued. On the IP panel, a more general Q&A and interpanelist interchange session starts around 1:53:14, with me drawing a lot of the questions from fellow panelists and the audience. I was the only one who used a powerpoint; it cannot be seen from the posted video, so the file is here: The problem with IP, and also embedded also below.