Publications

| BOOKS/EDITOR | Oxford University Press, Oceana, Thomson Reuters Books | ARTICLES | Intellectual Property | International Law/Other | Civil Law Dictionary | Book Reviews | Draft/Forthcoming |

Books/Chapters/Editor

Books (Edited and Authored)

• International Investment, Political Risk, and Dispute Resolution: A Practitioner’s Guide, Second Edition, co-author (with Noah D. Rubins and Thomas N. Papanastasiou) (Oxford University Press, 2020)
  • International Investment, Political Risk, and Dispute Resolution: A Practitioner’s Guide, co-Author (with Noah D. Rubins) (Oxford University Press, 2005) (Book Reviews; Online Appendix XVII, “Online Resources”)
• Digest of Commercial Laws of the World, Editor (Oxford University Press, 1998-2011; West/Thomson Reuters 2011–2016)
• World Online Business Law, Co-Editor (with Andrew Simpson, Hong Kong) (Oxford University Press, 2003-2011)
• Online Contract Formation, Co-Editor (with Andrew Simpson, Hong Kong) (Oxford University Press, August 2004) (brochure)
• Trademark Practice and Forms, Editor (Oxford University Press, 2001-2011; West/Thomson Reuters 2011-2013)
• Protecting Foreign Investment Under International Law: Legal Aspects of Political Risk, Co-Author (with Paul E. Comeaux) (Dobbs Ferry, New York: Oceana Publications, 1997) (Book Reviews/Related Links)
• Louisiana Civil Law Dictionary (New Orleans, La.: Quid Pro Books, 2011; co-author: Gregory Rome)

Chapters/Editor

• Chapter I.1, “Political Risk,” and “Documents and International Agreements” appendices in Transnational Contracts, Vol. 1, edited and compiled by Charles Stewart (Dobbs Ferry, New York: Oceana Publications, Inc., 1997)
• Editor-in-Chief (1997-1998)/Editor (1998-1999)/Founding editor (1997), PBA IP Law Newsletter
• Founder/Moderator, PatentLawPractice Listserv, 2002-present
• Executive Editor and Founder, Libertarian Papers, Jan. 2009-present
• Book Review Editor, Journal of Libertarian Studies, 2000-2004

Third Party Reviews

• Book Reviews/Links

Selected Articles

Intellectual Property

• Founder/Moderator, PatentLawPractice Listserv, 2002-present
• Founder/Moderator, PatentLawPractice wiki (“A Comprehensive, Dynamically Updated List of Intellectual Property Resources”)
• Trademark Practice and Forms, Editor (Oxford University Press, 2001-present)
• “How To Improve the Patent System” (forthcoming)
• Radical Patent Reform Is Not on the Way, Mises Daily (Oct. 1, 2009)
• There’s No Such Thing as a Free Patent, Mises Daily (Mar. 7, 2005)
• Recognizing and Protecting Your Assets, The President’s Forum of Houston, The Entrepreneurship Institute (Houston, Texas: The Warwick Hotel, Thursday, October 26, 2000)
• Impact of Patent Licensing on Patent Litigation and Patent Office Proceedings, co-authored with Richard T. Redano, The Licensing Journal (January 2003), p.1 (previous version published in Intellectual Property Today (May 2000))
• Intellectual Property as Assets in the Oil & Gas Industry: What Are Patents, Copyrights, Trademarks, and Trade Secrets, and How Do You Protect Them?, 11th Annual Oil & Gas Law Institute (Houston, Texas: South Texas College of Law, August 6-7, 1998)
• Under Pfaff, Ready … Patent … File: Redefining On-Sale Bar, Creation of ‘Ready For Patenting’ Test (version from Duane Morris website), The Legal Intelligencer [Philadelphia], Thurs., Jan. 7, 1999
• A New Traffic Cop at Intersection of Patents and Financial Inventions (Duane Morris website version), The Legal Intelligencer [Philadelphia], Thurs., Sept. 3, 1998
• Just Wondering, PBA IP Law Newsletter (Summer 1998)
• How to Operate Within the Law: Patents on Medical Procedures (Duane Morris website version), The Legal Intelligencer [Philadelphia], Thurs., Feb. 5, 1998
• Whither Copyright Law? A Roadmap to Recent Changes in Copyright Law (Duane Morris website version), The Legal Intelligencer [Philadelphia], Thurs., Sept. 4, 1997
• Preserving Your Domain (in Special Section: Law and the Internet), Pennsylvania Lawyer, p. 25 (Sept.-Oct. 1997) (with Robert E. Rosenthal)
• Copyright Infringement and Internet Service Providers, SHSL Internet and Computer Networking Practice Group, “Are You Liable and What Can You Do About It” Colloquium for Internet Service Providers (June 11, 1996)
• Intellectual Property, Patents, and the Internet, SHSL Internet Law Update (September 1996)
• Computer Software Patents Are On The Way, SHSL IP Report (Fall 1995)
• GATT and its Impact on Patents: Advice to Intellectual Property Owners, SHSL Intellectual Property Client Alert (March 22, 1995)
• Patent Law Basics and Recent Developments, The Bent of Tau Beta Pi p. 14 (Vol. 86, No. 2, Spring 1995)
• Protection of Industrial Property: Russian Patent & Intellectual Property Law, Russian Oil & Gas Guide p. 20 (Vol. 3, No. 3, July 1994)
• Panelist, “Ethics Issues in Licensing,” Practising Law Institute program, Understanding the IP License, Hotel Intercontinental, Houston, September 18-19, 2003

International Law and Other

• Expropriation, Inalienability, and International Law: The Illusory Requirements of Nondiscrimination and Public Purpose
• The Duty to Defend Advertising Injuries Caused by Junk Faxes: An Analysis of Privacy, Spam, Detection and Blackmail, with Walter Block & Roy Whitehead, 27:4 Whittier Law Review: 925-49 (2006)
• Tinsley, Patrick, N.S. Kinsella and Walter Block. “In Defense of Evidence and Against the Exclusionary Rule: A Libertarian Approach,” Southern University Law Review, Vol. 32.1 (2004), pp. 63-80
• Causation and Aggression (co-authored with Patrick Tinsley), The Quarterly Journal of Austrian Economics, vol. 7, no. 4 (winter 2004): 97-112 (based on “Reinach and the Property Libertarians on Causality in the Law,” by N.S. Kinsella, presented at Reinach and Rothbard: An International Symposium, Ludwig von Mises Institute, Auburn, Alabama, March 29-30, 2001)
• A Libertarian Theory of Contracts: Title Transfer, Binding Promises, and Inalienability, Journal of Libertarian Studies, 17:2, Spring 2003
• “Reducing Political Risk in Developing Countries: Bilateral Investment Treaties, Stabilization Clauses, and MIGA & OPIC Investment Insurance,” 15 New York Law School Journal of International and Comparative Law 1 (1994) (with Paul E. Comeaux)
• A Civil Law to Common Law Dictionary (as published) 54 Louisiana Law Review 1265 (1994) [Online Civil Law Dictionary “wiki” based on this article; see also Civil Law Dictionary (2011)]
• Economic Calculation Under Socialism, Appendix I to Protecting Foreign Investment Under International Law: Legal Aspects of Political Risk (1997)
• Comments on Draft Law on Stimulation of Foreign Investments in Romania (text version), for ABA/CEELI (Spring 1997)
• Comments on Draft Law on Foreign Investment Activities in Nizhny Novgorod Oblast (Russia), for ABA/CEELI (Winter 1996) (text version), including Analysis of the Draft Law on Foreign Investment Activities in Nizhny Novgorod Oblast (text version), prepared by ABA/CEELI based on comments from several commentators
• Comments on Draft Project of “Law on Foreign Capital Investment in the Republic of Lithuania, Memorandum to Mr. M. Černiauskas, President, Association of Lithuanian Chambers of Commerce and Industry (November 18 1993)
  • Lithuania’s Proposed Foreign Investment Laws: A Free-Market Critique (text file), Russian Oil & Gas Guide p. 60 (Vol. 3, No. 2, April 1994)
• “Smashing the Broken Mirror: The Battle of the Forms, UCC 2-207, and Louisiana’s Improvements,” Louisiana Law Review 53, no. 5 (May 1993): 1555–76 [online]
• An International Framework for the Protection of Investment, Philadelphia Lawyer, p. 20 (Fall 1997)
• “Civil-Law Terminology and its Relation to Common-Law Terminology,” Penn. Bar Ass’n Young Lawyers’ Div’n Newsletter,Vol. 20, No. 2 (Spring 1995), p. 12 [see also Civil Law Dictionary (2011)]
• “Smashing the Broken Mirror: The Battle of the Forms, UCC 2-207, and Louisiana’s Improvements,” UCC Bulletin p. 1 (May 1995) (Part 1 of 2); p. 1 (June 1995) (Part 2 of 2)
• “The Russian Constitution of 1993–Provisions of Interest to the Energy Industry,” Russian Oil & Gas Guide p. 2 (Vol. 4, No. 2, April 1995) (with J. Lanier Yeates & Paul E. Comeaux)
• “The Second Paradox of Blackmail,” Business Ethics Quarterly 10, 3 (July 2000): 593-622 (co-authored with Walter Block and Hans-Hermann Hoppe)
• Legislation and the Discovery of Law in a Free Society,” 11 Journal of Libertarian Studies 132 (Summer 1995). (Note: I have since changed my mind on the some of the issues regarding the Hayekian “knowledge problem” and Leoni’s work in this regard, as I have noted in subsequent articles, such as Knowledge, Calculation, Conflict, and Law, footnote 5. I should have heeded Jeff Herbener’s comments on an earlier manuscript, but I either got these comments too late, or did not fully appreciate them at the time.
• More information on the calculation debate.)
• “The Accounting Provisions of the Foreign Corrupt Practices Act,” Petroleum Accounting and Financial Management Journal p. 199 (Vol. 13, No. 2, Summer 1994) (with J. Lanier Yeates & Paul E. Comeaux)
• Oilfield Indemnity and “Separate Insurance” Provisions in the Wake of Getty Oil, 8 Texas Oil & Gas Law Journal 29 (1994)
• Marine Resources Committee 1993 Annual Report and 1992 Annual Report, Natural Resources, Energy, and Environmental Law: The Year in Review (1993 and 1992), Marine Resources Committee, Section of Natural Resources, Energy, and Environmental Law, American Bar Association (with J. Lanier Yeates)
• “Recent Developments in Jurisprudence and Legislation,” 41 LSU Mineral Law Institute Ch. 6 (1994) (with Robert O. Thomas)
• “Insuring Investments in Russia and Other C.I.S. Republics: MIGA and OPIC,” Russian Oil & Gas Guide p. 3 (Vol. 2, No. 4, October 1993) (with Paul E. Comeaux)
• United States Bilateral Investment Treaties with Russia and Other C.I.S. Republics, Russian Oil & Gas Guide p. 23 (Vol. 2, No. 3, July 1993) (with Paul E. Comeaux)
• “Political Risk and Petroleum Investment in Russia,” Currents, International Trade Law Journal, Summer 1993, p. 48 (with Paul E. Comeaux)
• “Reducing the Political Risk of Investing in Russia and Other C.I.S. Republics: International Arbitration and Stabilization Clauses” (copy 2), Russian Oil & Gas Guide p. 21 (Vol. 2, No. 2, April 1993) (with Paul E. Comeaux)

Review Essays/Book Reviews

• Knowledge, Calculation, Conflict, and Law (review essay of Randy E. Barnett, The Structure of Liberty), Winter 1999, Quarterly Journal of Austrian Economics.
• Book Review of Anthony de Jasay, Against Politics: On Government, Anarchy, and Order, The Quarterly Journal of Austrian Economics, Vol. 1, No. 3 (Fall 1998): 85-93.
• Taking the Ninth Amendment Seriously: A Review of Calvin R. Massey’s Silent Rights: The Ninth Amendment and the Constitution’s Unenumerated Rights [1995], 24 Hastings Const. L. Q. 757 (1997) [text version] (abstract).
• Book Review of Patrick Burke, No Harm: Ethical Principles for a Free Market (1994), Reason Papers No. 20 (Fall 1995), p. 135.
• Book Review of Rosalyn Higgins, Problems and Process: International Law and How We Use It (1994), Reason Papers No. 20 (Fall 1995), p. 147.
• Book Review (of Hans-Hermann Hoppe, The Economics and Ethics of Private Property (1993)), The Freeman: Ideas on Liberty, vol. 44, p. 640 November 1994

Unpublished/Draft/Forthcoming Articles

• “How to Improve The Patent System,” Libertarian Papers (forthcoming, 2010)