The Yale Law Journal

Amy Kapczynski

Essay

The Continuum of Excludability and the Limits of Patents

Amy Kapczynski & Talha Syed


122 Yale L.J. 1900 (2013).

In IP scholarship, patents are commonly understood as more efficient than other approaches to innovation policy. Their primary ostensible advantage is allocative: as a form of property rights, patents act as a conduit between market signals and potential innovators, ostensi…

Forum

Linking Ideas to Outcomes: A Response

Amy Kapczynski

It is a distinct pleasure to have the chance to respond to the insightful commentaries of Peter Drahos, Ruth Okediji, and Tomiko Brown-Nagin. I find much to agree with in each, but I will focus on a few areas of divergence in the hope of clarifying our differences. Drahos’s work on the role of id…

Article

The Access to Knowledge Mobilization and the New Politics of Intellectual Property

Amy Kapczynski

117 Yale L.J. 804 (2008).

Intellectual property law was once an arcane subject. Today it is at the center of some of the most highly charged political contests of our time. In recent years, college students, subsistence farmers, AIDS activists, genomic scientists, and free-software programmers have…

Note

Same-Sex Privacy and the Limits of Antidiscrimination Law

Amy Kapczynski

112 Yale L.J. 1257 (2003)

Title VII of the 1964 Civil Rights Act, as it has been interpreted by the courts, is an uncompromising statute. It bars adverse employment actions taken on the basis of race, color, religion, sex, and national origin, with only one exception: in cases where an employer can …

Comment

Queer Brinksmanship: Citizenship and the Solomon Wars

Amy Kapczynski

112 Yale L.J. 673 (2002)

In 1994, Congress passed a law commonly known as the Solomon Amendment, threatening universities and law schools with loss of federal funding if they deny or effectively prevent military recruiters from accessing campuses and directory information about students. It was the …