Intellectual Property and the Law of Land

2 Pages Posted: 28 Dec 2007 Last revised: 24 Feb 2008

See all articles by Peter S. Menell

Peter S. Menell

University of California, Berkeley - School of Law


In his response to my previous Regulation article, Professor Richard Epstein misses the gist and key implications of my criticism of his position. My essay questioned his overreliance on claims of structural unity between real and intellectual property systems, a claim he makes in a 2006 Progress & Freedom Foundation paper. Professor Epstein responds by citing a more balanced view that he espoused in a 2001 Indiana Law Review article. If he is now saying that his 2006 paper does not really express his views, then that clarification is worth noting.

Keywords: intellectual property, property rights, peter menell, PRM, government interference, federal regulation, constitutionality, tangible resources, law, philosophy, court decisions, epstein, utilitarianism, structural unity, property tent, water law, land rights, infringement, policy, law

JEL Classification: K11, K23, K41, L12

Suggested Citation

Menell, Peter S., Intellectual Property and the Law of Land. Regulation, Vol. 30, No. 4, Winter 2007-2008; UC Berkeley Public Law Research Paper No. 1078982. Available at SSRN:

Peter S. Menell (Contact Author)

University of California, Berkeley - School of Law ( email )

215 Boalt Hall
Berkeley, CA 94720-7200
United States

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