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'''Norman Stephan Kinsella''' (born 1965) is an [[United States|American]] [[intellectual property]] lawyer and libertarian legal theorist. Kinsella is the founder and Editor of ''Libertarian Papers'', Director of the Center for the Study of Innovative Freedom, and General Counsel for Applied Optoelectronics, Inc. He is a former partner with Duane Morris LLP and was adjunct law professor at South Texas College of Law.  
'''Norman Stephan Kinsella''' (born 1965) is an [[United States|American]] [[intellectual property]] [[lawyer]] and [[Libertarian theories of law|libertarian legal theorist]]. His electronically-published works are primarily published on his [[blog]] and websites associated with the [[Ludwig von Mises Institute]] and [[anarcho-capitalist]] organizations.


==Education==
His books include ''Property, Freedom, and Society: Essays in Honor of Hans-Hermann Hoppe'' (co-editor, with Jörg Guido Hülsmann, Mises Institute, 2009); ''Against Intellectual Property'' (Mises Institute, 2008); ''International Investment, Political Risk, and Dispute Resolution: A Practitioner’s Guide'' (Oxford University Press, 2005 [2nd ed. forthcoming 2010]), and several other legal treatises, as well a numerous publications in law reviews. Kinsella's libertarian articles have appeared in journals such as 'The Freeman'', ''The Journal of Libertarian Studies'', ''Reason Papers'', the ''Quarterly Journal of Austrian Economics'', LewRockwell.com, and Mises Daily.
Born in [[Prairieville, Louisiana|Prairieville]], [[Louisiana]], he attended [[Louisiana State University]] where he earned [[Bachelor of Science]] (BS) and [[Master of Science]] (MS) degrees in electrical engineering, and a [[Juris Doctor]] (JD) from the [[Paul M. Hebert Law Center]]. He also obtained an [[Master of Laws|LL.M.]] at the [[University of London]].  


==Career in law==
Kinsella received his LL.M. (international business law) from King’s College London, his JD from the Paul M. Hebert Law Center, Louisiana State University, and his B.S. and M.S. in electrical engineering from Louisiana State University. His cv and legal publication may be found at his KinsellaLaw.com; libertarian publications at StephanKinsella.com.
Kinsella is general counsel of [http://www.ao-inc.com/ Applied Optoelectronics, Inc.] of [[Sugar Land, Texas]]. A practicing intellectual property attorney and former adjunct professor of law at [[South Texas College of Law]], where he taught computer law, Kinsella is actively involved with libertarian legal and political theory, and is adjunct scholar of the [[Mises Institute]] as well as the former Book Review Editor for the Institute's ''[[Journal of Libertarian Studies]]''. He is also a contributor to the news and opinion blog at [[LewRockwell.com]] and is the creator of ''Libertarian Papers'', a peer-reviewed online journal published under the [[Creative Commons licenses|Creative Commons Attribution 3.0 License]].<ref>Kinsella, Stephan. "Welcome to ''Libertarian Papers''. ''LibertarianPapers.org''. 22 January 2009. [http://libertarianpapers.org/2009/welcome-to-libertarian-papers/]</ref>


He writes that, after college, he "began to put more emphasis on Austrian economics and paleolibertarian insights of Rothbard, Hans-Hermann Hoppe, and Rockwell."<ref>"Stephan Kinsella." ''StephanKinsella.com''. [http://www.stephankinsella.com/bio/bio2.php]</ref>
==Bibliography==
 
==Publications==
Kinsella's legal publications include books and articles about [[patent]] law, [[contract law]], e-commerce law, [[international law]] and other topics. Kinsella has also published and lectured on a variety of libertarian topics, often combining libertarian and legal analysis. Kinsella's views on contract theory, causation and the law, [[intellectual property]], and rights theory (in particular his [[estoppel]] theory) are his main contributions to libertarian theory. 
 
In contract theory, he extends [[Murray Rothbard]]'s<ref>Rothbard, Murray. ''[http://www.mises.org/rothbard/ethics/nineteen.asp The Ethics of Liberty]'' Auburn, AL: Ludwig von Mises Institute.</ref> and [[Williamson Evers]]'s<ref>Evers, Williamson. "[http://www.mises.org/journals/jls/1_1/1_1_2.pdf Toward a Reformulation of the Law of Contracts]." ''Journal of Libertarian Studies''. Vol. 1, No. 1. Auburn, AL: Ludwig von Mises Institute, 1977.</ref> title transfer theory of contract linking it with inalienability theory while also attempting to clarify that theory.<ref>Kinsella, Stephan. "A Libertarian Theory of Contract: Title Transfer, Binding Promises, and Inalienability. ''Journal of Libertarian Studies''. Vol 17, No 2. Auburn, Alabama: Ludwig von Mises Institute, 2003. pp. 11–37.</ref> Kinsella advances a theory of causation that attempts to explain why remote actors can be liable under libertarian theory.<ref>Kinsella, Stephan. "[http://www.mises.org/journals/qjae/pdf/qjae7_4_7.pdf Causation and Aggression]" ''[[Quarterly Journal of Austrian Economics]]''. Vol. 7, No. 4. Auburn, AL: Ludwig von Mises Institute, 2004.</ref> He gives non-[[utilitarian]] arguments for intellectual property being incompatible with libertarian property rights principles.<ref>Kinsella, Stephan. "[http://www.mises.org/journals/jls/15_2/15_2_1.pdf Against Intellectual Property]" ''Journal of Libertarian Studies''. Vol. 15, No. 2. Auburn, AL: Ludwig von Mises Institute, 2001.</ref> He offers a [[discourse ethics]] argument for the justification of individual rights, using an extension of the concept of [[estoppel]].<ref>Kinsella, Stephan. "[http://www.stephankinsella.com/publications/kinsella_punishment-loyola.pdf A Libertarian Theory of Punishment and Rights]" ''StephanKinsella.com''.</ref>
 
===Books===
*''Protecting Foreign Investment Under International Law: Legal Aspects of Political Risk'' (with Paul E. Comeaux). Oceana Publications, 1997. ISBN 978-0379213713
*''Protecting Foreign Investment Under International Law: Legal Aspects of Political Risk'' (with Paul E. Comeaux). Oceana Publications, 1997. ISBN 978-0379213713
*''Online Contract Formation'' (with Andrew Simpson). Oxford University Press, 2004. ISBN 978-0379215199
*''Online Contract Formation'' (with Andrew Simpson). Oxford University Press, 2004. ISBN 978-0379215199
*''International Investment, Political Risk, and Dispute Resolution: A Practitioner's Guide'' (with Noah Rubins). Oxford University Press, 2005. ISBN 978-0379215229
*''International Investment, Political Risk, and Dispute Resolution: A Practitioner's Guide'' (with Noah Rubins). Oxford University Press, 2005. ISBN 978-0379215229
*''[http://mises.org/books/against.pdf Against Intellectual Property]''. Ludwig von Mises Institute, 2008. ISBN 978-1933550329
*''[http://mises.org/books/against.pdf Against Intellectual Property]''. Ludwig von Mises Institute, 2008. ISBN 978-1933550329
==Notes==
{{reflist|2}}


==External links==
==External links==
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* [http://www.kinsellalaw.com/publications/index.php List of publications]
* [http://www.kinsellalaw.com/publications/index.php List of publications]
* [http://www.lewrockwell.com/kinsella/kinsella-arch.html Archive of Kinsella commentary] from [[LewRockwell.com]]
* [http://www.lewrockwell.com/kinsella/kinsella-arch.html Archive of Kinsella commentary] from [[LewRockwell.com]]
* [http://www.stephankinsella.com/publications/InsightMag_com_symp_printable.htm Symposium:] "Do patents and copyrights undermine private property?" [[Ilana Mercer]], Stephan Kinsella, and James DeLong. ''[[Insight on the News]]''. 21 May 2001.
* [http://mises.org/media.aspx?action=author&ID=301 Media archive] at [[Mises Institute|Mises.org]]
* [http://mises.org/literature.aspx?action=author&Id=301 Literature archive] at Mises.org
* [http://mises.org/articles.aspx?AuthorId=301 Daily Article archive] at Mises.org


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Revision as of 20:41, 20 December 2010

Norman Stephan Kinsella (born 1965) is an American intellectual property lawyer and libertarian legal theorist. Kinsella is the founder and Editor of Libertarian Papers, Director of the Center for the Study of Innovative Freedom, and General Counsel for Applied Optoelectronics, Inc. He is a former partner with Duane Morris LLP and was adjunct law professor at South Texas College of Law.

His books include Property, Freedom, and Society: Essays in Honor of Hans-Hermann Hoppe (co-editor, with Jörg Guido Hülsmann, Mises Institute, 2009); Against Intellectual Property (Mises Institute, 2008); International Investment, Political Risk, and Dispute Resolution: A Practitioner’s Guide (Oxford University Press, 2005 [2nd ed. forthcoming 2010]), and several other legal treatises, as well a numerous publications in law reviews. Kinsella's libertarian articles have appeared in journals such as 'The Freeman, The Journal of Libertarian Studies, Reason Papers, the Quarterly Journal of Austrian Economics, LewRockwell.com, and Mises Daily.

Kinsella received his LL.M. (international business law) from King’s College London, his JD from the Paul M. Hebert Law Center, Louisiana State University, and his B.S. and M.S. in electrical engineering from Louisiana State University. His cv and legal publication may be found at his KinsellaLaw.com; libertarian publications at StephanKinsella.com.

Bibliography

  • Protecting Foreign Investment Under International Law: Legal Aspects of Political Risk (with Paul E. Comeaux). Oceana Publications, 1997. ISBN 978-0379213713
  • Online Contract Formation (with Andrew Simpson). Oxford University Press, 2004. ISBN 978-0379215199
  • International Investment, Political Risk, and Dispute Resolution: A Practitioner's Guide (with Noah Rubins). Oxford University Press, 2005. ISBN 978-0379215229
  • Against Intellectual Property. Ludwig von Mises Institute, 2008. ISBN 978-1933550329

External links

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