PCI Bibliography

Hoover Project on Commercializing Innovation Banner

The third component of the Hoover Project on Commercializing Innovation studies the role of property rights in various intangible assets in the developing world. For example, we explore the ways in which property rights in bank charters, contracts, debt instruments, and shareholder equities have all been eroded in Mexico, resulting in there being practically no banking system in the entire country. As another example, while countries like India, Argentina, and Brazil, which have extensive manufacturing facilities that would require payments to holders of biotechnology patents, are aggressively pushing efforts in the U.N. to attack drug patents, more successful developing countries in Africa, like Botswana and Malawi, are working tirelessly to help strengthen the rule of law by enforcing property rights in intangibles like contracts and IP. Predictable enforcement of property rights in intangibles can be key to fostering economic growth and development, especially in the less developed countries of the world.

Selected works on Property Rights, Finance, and Developing Economies:

Articles · Books · Other Publications · Presentations · Talks · Testimony

Articles

Property, Regulatory Policy, or Hybrid? The Elusive Status of Intellectual Property, Perspectives from Free State Foundation Scholars, Jan. 2011, Richard A. Epstein.
The Unraveling of Patents in the US, Financial Times, Mar. 31, 2009, Richard Epstein.
The Treatment Of Know-How In International R&D Cooperation: The United States of America, in The Treatment of Know How in International R&D Cooperation (Umgang mit Know-how in internationalen F&E-Kooperationen), edited by Peter Ganea and Nina Klunker for the Fraunhofer Institute for Manufacturing Technology, the Machine Tool Laboratory of the Technical University of Aachen and the Munich Intellectual Property Law Center under the German Ministry of Research and Education's project Igniting Ideas, F. Scott Kieff.
Latin America's Quiet Revolution, Wall Street Journal, January 30, 2009, Stephen H. Haber
Community and Custom in Property, 10 Theoretical Inq. L. 5 (2009), Henry E. Smith.
Quanta v. LG Electronics: Frustrating Patent Deals by Taking Contracting Options off the Table?, 2007/2008 Cato Sup. Ct. Rev 315 (2008), F. Scott Kieff.
On the Importance to Economic Success of Property Rights in Finance and Innovation (July 2008). Stanford Law and Economics Olin Working Paper No. 359
On the Economics of Patent Law and Policy, in Patent Law and Theory: A Handbook of Contemporary Research (Toshiko Takenaka ed., 2008), F. Scott Kieff.
How to Break the Deadlock Preventing a Fair and Rational Use of Biodiversity, 11 J. of World Intellectual Property 229 (2008), Joseph Straus.
On Coordinating Transactions in Intellectual Property: A Response to Smith’s Delineating Entitlements in Information, 117 Yale Law Journal Pocket Part 101 (2007), F. Scott Kieff.
Related Lending and Economic Development. Robert Cull, Stephen H. Haber and Masami Imai.
Coordination, Property & Intellectual Property: An Unconventional Approach to Anticompetitive Effects & Downstream Access,56 Emory Law Journal 327 (2006). F Scott Kieff.
Related Lending and Economic Performance: Evidence from Mexico. Noel Maurer and Stephen H. Haber.
Political Institutions and Financial Development: Evidence from the Economic Histories of Mexico and the United States. Stephen H. Haber.
IP Transactions: On the Theory & Practice of Commercializing Innovation, 42 Houston Law Review 727 (2005), F. Scott Kieff.
Development Strategy or Endogenous Process? The Industrialization of Latin America. Stephen H. Haber.
Foreign Banks and the Mexican Economy, 1997-2004. Stephen H. Haber and Aldo Musacchio.
Banking With and Without Deposit Insurance: Mexico's Banking Experiments, 1884-2004. Stephen H. Haber.
Why Institutions Matter: Banking and Economic Growth in Mexico. Stephen H. Haber.
Mexico's Experiments with Bank Privatization and Liberalization, 1991-2003. Stephen H. Haber.
The Case against Copyright: A Comparative Institutional Analysis of Intellectual Property Regimes, Stanford Law and Economics Olin Working Paper No. 297; Washington University School of Law Working Paper No. 04-10-01, F. Scott Kieff.
The Basics Matter: At the Periphery of Intellectual Property, 73 George Washington Law Review 174 (2004), F. Scott Kieff and Troy A. Paredes. Also published in Developments in the Economics of Copyright: Research and Analysis (Lisa N. Takeyama et al. eds., Edward Elgar) (2005).
When the Law Does Not Matter: The Rise and Decline of the Mexican Oil Industry, 63 The Journal of Economic History 1. Stephen H. Haber, Noel Maurer, and Armando Razo.
Banks, Financial Markets, and Industrial Development: Lessons from the Economic Histories of Brazil and Mexico, published in Latin American Macroeconomic Reforms: The Second Stage (José Antonio Gonzalez, Vittorio Corbo, Anne O. Krueger, and Aaron Tornell eds., University of Chicago Press 2003). Stephen H. Haber.
Property Rights and Property Rules for Commercializing Inventions, 85 Minnesota Law Review 697 (2001), F. Scott Kieff.
The Rate of Growth of Productivity in Mexico, 1850-1933: Evidence from the Cotton Textile Industry, 30 Journal of Latin American Studies 481, Stephen H. Haber.
The Efficiency Consequences of Institutional Change: Financial Market Regulation and Industrial Productivity Growth in Brazil, 1866-1934, published in Latin America and the World Economy Since 1800 (John H. Coatsworth and Alan M. Taylor eds., Harvard University Press 1998). Stephen H. Haber.
Business Enterprise and the Great Depression in Brazil: A Study of Profits and Losses in Textile Manufacturing, 66 The Business History Review 335, Stephen H. Haber.
Assessing the Obstacles to Industrialisation: The Mexican Economy, 1830-1940, 24 Journal of Latin American Studies 1, Stephen H. Haber.
Industrial Concentration and the Capital Markets: A Comparative Study of Brazil, Mexico, and the United States, 1830-1930, 51 The Journal of Economic History 559, Stephen H. Haber.
The Industrialization of Mexico, 1890-1940: The Structure and Growth of Manufacturing in an Underdeveloped Economy, 47 The Journal of Economic History 493, Stephen H. Haber.

Books

Political Institutions and Financial Development (Stephen H. Haber, Douglass C. North, and Barry R. Weingast eds., Stanford University Press 2007). The essays in this volume employ the insights and techniques of political science, economics, and history to provide a fresh answer to the question of why some countries develop better financial systems than others.
The Politics of Property Rights: Political Instability, Credible Commitments, and Economic Growth in Mexico, 1876-1929 (Cambridge University Press 2003), Stephen H. Haber, Armando Razo, and Noel Maurer. Part of a series on the Political Economy of Institutions and Decisions.

Other Publications

Brief of Various Law Professors as Amici Curiae in Support of the Respondents in Quanta v. LG, Supreme Court of the United States, No. 06-937 (Dec. 10, 2007). F. Scott Kieff, Troy A. Paredes, and R. Polk Wagner.
Smart Pills, IP Law & Business, Oct. 2006, at 36, F. Scott Kieff. Alternative version published as The Importance of Patents, Op/Ed., National Law Journal, Aug. 14, 2006.
Brief of Various Law & Economics Professors as Amici Curiae in Support of Respondent, eBay v. MercExchange, Supreme Court of the United States, No. 05-130 (Mar. 10, 2006). Richard Epstein, R. Polk Wagner, F. Scott Kieff, and David Teece.
Patent Law, Injunctions and the Public Interest, Letter to the Editor, Wall Street Journal, March 10, 2006, at A19. Richard E. Epstein, F. Scott Kieff, and R. Polk Wagner.

Presentations

Property rights in patent law. Presentation by F. Scott Kieff given at St. Louis University School of Law November, 2008.
Property Rights in Intellectual Property: Impacts on Innovation and Competition, presented by F. Scott Kieff on September 22nd, 2008 at the Meeting of the Gathering 1.0 in Palo Alto.
On the Importance of Property Rights in Intangibles like IP to Access, Competition, and Economic Development by F. Scott Kieff, presented to seminars Melbourne and Sydney and a conference in Singapore in Feb-Mar 2008.

Talks

The Case for Preferring Patent Validity Litigation over Second Window Review and Gold Plate Patents, talk given at the University of Pennsylvania Law Review Foundations of Intellectual Property Reform Symposium, January 16, 2009. F. Scott Kieff.

Testimony

FTC Panel on Economic Perspectives on IP and Technology Markets, part of the FTC Hearings on the Evolving IP Marketplace - The Operation of IP Markets, March 19, 2009, F. Scott Kieff. Video. Transcript.
United States Federal Trade Commission and Department of Justice Antitrust Division Joint Hearings on Competition and Intellectual Property (Apr. 10, 2002). Transcript. Invited testimony of F. Scott Kieff.

News

On September 10, 2012, President Barack Obama announced his intent to nominate F. Scott Kieff as a Member of the United States International Trade Commission and Joshua D. Wright as a Commissioner of the Federal Trade Commission. On September 11, 2012, President Obama formally nominated Kieff and Wright; and the Senate confirmed Wright on January 1, 2013. Of the twelve people who have been members of our Project's research team, three have been nominated by a United States President to serve as a member of one of the independent government commisions focusing on the economy. In 2008, Troy A. Paredes, one of the Project's three founding investigators, was nominated by President George W. Bush as a Member of the Securities and Exchange Commission, a post in which he presently serves. On January 3, 2013, Kieff's nomination, along with the others pending at the end of the Senate's term, were Returned to the President under the provisions of Senate Rule XXXI, paragraph 6 of the Standing Rules of the Senate. On February 4, 2013, Kieff was re-nominated by President Obama.

On April 12, 2013 Richard A. Epstein debated the patent system with Seventh Circuit Judge Richard Posner at PatCon 3. Professor Epstein and Judge Posner were both featured speakers at the event, and the debate was covered at Patently-O and Written Description.

On October 24, 2012, Richard A. Epstein participated in a Federalist Society podcast on the topic "Patent Rights: A Spark or Hindrance for the Economy?"

Perspectives on Commercializing Innovation, a new book co-edited by F. Scott Kieff, is now available from Cambridge University Press, Amazon.com, and many other booksellers. See this link for more information and a discount code on orders placed through Cambridge University Press.

Stephen H. Haber and Aldo Musacchio were awarded the 2012 Manuel Espinosa Yglesias Prize for their paper, "These are the 'Good Old Days': Foreign Entry and the Mexican Banking System." The juried prize was awarded by the Centro de Estudios Espinosa Yglesias (CEEY) and includes both a monetary award and publication of the paper by the CEEY.

"Patents are not the enemy", an article by Rod Cooper, Richard A. Epstein, and Stephen H. Haber, was published in the Chicago Tribune on August 15, 2012. (Free registration may be required to view the article online.)

Stephen Haber received the Walter J. Gores award, Stanford University's highest teaching honor, on June 17, 2012.

Rainfall, Human Capital, and Democracy, a paper by Stephen Haber and Victor Menaldo was cited in The Economist on April 7, 2012. Haber has expanded upon that work in a new working paper, Climate, Technology, and the Evolution of Economic and Political Institutions.

Richard A. Epstein, F. Scott Kieff, and Richard Spulber's latest paper, The FTC, IP, and SSOs: Government Hold-up Replacing Private Coordination, was published in the March, 2012 volume of the Journal of Competition Law & Economics.

F. Scott Kieff was consulted for the New York Times article "Trademarks Take on New Importance in Internet Era," published on February 20, 2012.

The European Academy of Sciences and Arts has elected F. Scott Kieff for membership in the Academy for his work in the fields of the social sciences, law, and economics.

On November 24, 2011, Joseph Straus was awarded the title Ambassador of Science of the Republic of Slovenia by the government of Slovenia.

F. Scott Kieff was interviewed on the John Batchelor Show on November 22, 2011 (skip to 29:30 to hear the interview).

Defining Ideas has published Patently Bad Policy, an essay by F. Scott Kieff on two upcoming Supreme Court patent cases, Hyatt v. Kappos and Mayo v. Prometheus.

F. Scott Kieff was selected as a finalist for the 2011 World Technology Award for Law, presented in association with TIME, Fortune, CNN, MIT Technology Review, and Science.

Richard A. Epstein, F. Scott Kieff, and Daniel F. Spulber submitted a white paper entitled The FTC's Proposal for Regulating IP through SSOs Would Replace Private Coordination with Government Hold-Up in response to the FTC’s Request for Comments and Announcement of Workshop on Standard-Setting Issues.

A statement by Geoffrey A. Manne and Joshua D. Wright on the recent FTC antitrust investigation of Google was cited in numerous publications, including the San Francisco Chronicle, the National Journal, and InformationWeek.

A new four-part series of essays by F. Scott Kieff on proposed patent reform in the US has been published by Defining Ideas: The Perils of Patent Reform, Welcome to Patent Purgatory, Patent Reform Goes Haywire, and File First, Invent Later?. The essays were cited by Representative Dana Rohrabacher in a speech on the House floor on June 22, 2011 and in the New York Times Dealbook column.

A draft paper co-authored by Stephen Haber, Rainfall, Human Capital, and Democracy, was featured in a Bloomberg article on April 4, 2011. Mr. Haber was interviewed about the paper on Bloomberg TV's Street Smart. The paper was also featured in the Wall Street Journal's Week in Ideas for April 9, 2011.

A new paper co-authored by Stephen Haber, Do Natural Resources Fuel Authoritarianism? A Reappraisal of the Resource Curse, was featured in the Freakonomics blog on April 4, 2011.

F. Scott Kieff and Henry E. Smith provided invited testimony before the FTC Hearings on The Evolving IP Marketplace: Aligning Patent Notice and Remedies with Competition; and their works were also cited in the report recently published by the FTC on March 7, 2011.

F. Scott Kieff was interviewed on the John Batchelor Show about the article Why Business Isn't Getting in The Game. The interview begins at 1:40.

An article by Stephen H. Haber and F. Scott Kieff on Why Business Isn't Getting 'In The Game' was published by Investor's Business Daily on February 11, 2011.