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59 Stan. L. Rev. 257 (2006-2007)
IP3

handle is hein.journals/stflr59 and id is 269 raw text is: IP3 Madhavi Sunder* A quarter century ago, Margaret Jane Radin interrupted the hegemonic law and economics discourse on property with a theory of personhood. And the New Jersey Supreme Court declared in the historic case of State v. Shack that property rights serve human values. From these our modern social relations theory of property was born. Now, the pundits declare that intellectual property has come of age. But is intellectual property philosophically and theoretically mature enough to face the world? Unlike its cousins property law and the First Amendment, which bear the weight of values such as autonomy, culture, equality, and democracy, in the United States intellectual property is understood almost exclusively as being about incentives. To put it bluntly, there are no giant-sized intellectual property values. But there should be. Intellectual property has grown, perhaps exponentially, but its march into all corners of our lives and to the most destitute corners of the world has paradoxically exposed the fragility of its economic foundations while amplifying its social and cultural effects. Indeed, with full compliance to the TRIPS Agreement now required in all but the world's very least developed countries, bringing with it patents in everything from seeds to drugs, intellectual property law becomes literally an issue of life or death. Despite these real-world changes, intellectual property scholars increasingly explain their field through the lens of economics alone, evidence of Amartya Sen's observation that * Carnegie Corporation Scholar, 2006-2008; Professor, University of California, Davis, School of Law; J.D., Stanford Law School, 1997; A.B., Harvard College, 1992. Thanks to Keith Aoki, Shyam Balganesh, Jack Balkin, Barton Beebe, Yochai Benkler, Shubha Ghosh, Jamie Boyle, Michael Brown, Maggie Chon, Julie Cohen, Marianne Constable, Christopher Fonzone, Ron Gilson, Paul Goldstein, Sally Gordon, Tom Griffith, Gillian Hadfield, Justin Hughes, Sudhir Krishnaswamy, Mark Lemley, Lawrence Liang, Jamie Love, Rob Merges, Michael Moore, Martha Nussbaum, John Oakley, Peggy Radin, Pam Samuelson, Alan Schwartz, Joseph Singer, Siva Vaidyanathan, Bob Weisberg, and my intellectual property students for illuminating conversations. This Article also gained immensely from presentations at the Stanford/Yale Jr. Faculty Forum at Yale Law School, and at the University of Arizona, University of California, Berkeley (Boalt Hall), Georgetown University Law Center, Moritz College of Law at Ohio State, Notre Dame Law School, the University of Southern California, and Stanford Law School. The Stanford Law Review editors (especially Francesco Valentini and David Moskowitz), the King Hall librarians (especially Erin Murphy), and my research assistants Sheirin Ghoddoucy, Leena Kamat, Alexandra Latta, Michael Mellema, Jishnu Menon, Eric Nguyen, Seth Sternglanz, Joanne Suk, and Stephanie Zook provided excellent help. I reserve special thanks for Anupam Chander, my collaborator in all things. I dedicate this Article to our daughter, Anoushka, who loves to Mary Sue herself into the Hundred Acre Wood, and to our son, Milan, both of whom have shown us the wonders of creation. 257

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