Stephan Kinsella(LL.M. King’s College London-University of London; JD, Paul M. Hebert Law Center, Louisiana State University; MSEE, BSEE, Louisiana State University) is a libertarian writer and patent attorney in Houston. He was previously General Counsel for Applied Optoelectronics, Inc., a partner with Duane Morris, and adjunct law professor at South Texas College of Law.
A leading libertarian legal theorist, he is founder and Director of the Center of the Study of Innovative Freedom and the founder and Executive Editor of Libertarian Papers. His numerous publications include Against Intellectual Property (Mises Institute, 2008), International Investment, Political Risk, and Dispute Resolution: A Practitioner’s Guide (Oxford University Press, 2005; 2d ed. forthcoming 2019), and the forthcoming Law in a Libertarian World: Legal Foundations of a Free Society.
The Creative Common Law project was recently interviewed by Tom Woods on The Tom Woods Showthis past August 15th. It’s a super (super) fast introduction to our project. We are already happy to receive lots of feedback from new and familiar people involved in this movement.
This version implemented alot of the material from Ulex 1.1, including three portions regarding product liability, financial institutions, and contract law. Basically, ALI’s superior resources are used wherever CCL might potentially be deficient or simply says nothing in disputes – but only if those relevant portions don’t contradict CCL to begin with. Think of it as this: you’re building a house and have all the manufacturer’s specific materials to use. But you begin working and then realize something is missing. These portions in CCL basically say “go the lumberyard and get the standard materials, but only if they fit.” This prevents a huge amount of emendations for CCL down the road, and implements the best legal frameworks in existence without compromising CCL’s core (libertarian) principles.
A draft section on easements; it needs some work yet, but it’s generally in place.
Some procedures have been modified regarding settling disputes. Arbiters are required to implement “pendulum arbitration” when settlement through mediation fails – since it is the most effective procedure.
Also another caveat for arbitration: instead of going straight to subpoena if a defendant refuses to participate in arbitration for an aggression – aka by refusing to jointly choose an arbiter, they can choose to have their own arbiter choose with the plaintiff’s arbiter and third arbiter, who will then settle the case. This is a very effective method of judicial procedure since it mitigates arbitration bias.
“Addenda” are now “modules.”
Because of size, I also moved the entire definitions of “consent” to the chapter on contract law.
Also, provided an image of the degrees of consent (express – implied – hypothetical), and specific that CCL does not enforce hypothetical consent.