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Norman (N.) Stephan Kinsella (born 1965) is an American intellectual property lawyer and libertarian legal theorist.

N. Stephan Kinsella

Biography

Born in Prairieville, Louisiana, he attended Louisiana State University where he earned MS and BS degrees in electrical engineering, and a JD from the Paul M. Hebert Law Center , Louisiana State University. He also obtained an LL.M. in international business law at the University of London's King's College London and London School of Economics, where he studied under Rosalyn Higgins (now Judge on the International Court of Justice). He practices law in Texas and is actively involved with libertarian legal and political theory. He has also published a number of scholarly legal articles and books, and has taught as a adjunct professor of law at South Texas College of Law . In 2002, he ran, unsuccessfully, on the Libertarian Party ticket for Judge, Texas Court of Criminal Appeal (the highest Texas state court for the appeal of criminal matters), receiving over 70,000 votes.

His legal publications include numerous books and articles about patent law, e-commerce law, international law and other topics.

He has also published and lectured on a variety of libertarian topics, and is adjunct sholar of the Mises Institute . One of his primarily areas of interest is rights theory ; his "estoppel" based theory of rights is one of the "discourse ethics" types of rights theory. Other ares of interest include Austrian economics , anarcho-capitalist theory , and applications of libertarian principles to legal topics, such as contract theory , inalienability , property law, intellectual property , and punishment theory . He has drawn on his expertise as a practicing patent lawyer to become a leading libertarian opponent of intellectual property laws; his seminal argument "Against Intellectual Property" has become widely referred to and cited.

Due to his adherence to an originalist interpretation of the Constitution and its federalist principles, he has also disagreed with many other libertarians about the role of the federal courts in reviewing state legislation, such as in his controversial article "A Libertarian Defense of ‘Kelo’ and Limited Federal Power" .

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