Law

KOL412 | IP Law Tutorial, Part 3: Trademark, Trade Secret, and Other

Kinsella on Liberty Podcast: Episode 412. As noted in KOL409 (Part 1: Patent Law) and KOL411 (Part 2: Copyright Law), although I’ve done dozens of speeches and interviews over the past 20 or so years on libertarian aspects of intellectual property, or IP, that is, on IP policy, I’ve never done any in depth lectures for […]

Musings on Fractional-Reserve Banking in a Bitcoin Age; Physicalist Shock Absorber Metaphors

I’ve been fascinated with the inter-Austrian debate on fractional-reserve banking for years.1 My view has long been that fractional reserve freebanking (FRB) is not inherently fraudulent and should not be illegal; but that economically it makes no sense. I think Huerta de Soto’s Roman legal analysis of irregular deposit warehouse banking is correct,2 and that […]

Bouckaert, “What is Property?” (1990)

I have profited from Professor Boudewijn Bouckaert’s insightful essay “What Is Property?”, Harv. J. L. & Pub. Pol’y 13, no. 3 (Summer 1990): 775–816, which was part of a symposium on Law and Philosophy which also included Tom Palmer’s seminal article on IP.1 Unfortunately, Bouckaert’s article is not available online other than behind the HeinOnline paywall. […]

National Citizens Inquiry - #SolutionsWatch

The National Citizens Inquiry is a citizen-led and citizen-funded initiative that is hearing testimony from Canadians and experts examining the nature, the legality and the effects of the Canadian governments' COVID mandates and restrictions.  Today James talks to the volunteer-run inquiry's volunteer communications director, Michelle Leduc Catlin, about the inquiry itself, what it is seeking to accomplish and how Canadians (and people around the world) can support it in its endeavours.

Legislative Positivism and Rationalism in the Louisiana and French Civil Codes

Libertarians are used to thinking in terms of natural law and natural rights. In terms of principles, reason, and justice. That is, that we can use our reason to arrive at ethical or normative conclusions that will allow us to evaluate existing positive law. Laws “exist,” or are in force, in a given legal system; […]