Judge Posner on "Misappropriation"

In this interesting essay in the Houston Law Review, Judge Richard A. Posner analyzes and critiques the "sprawling" concept of "misappropriation" in intellectual property law and declares it a doctrine of, in the words of Judge Jon Newman, "dubious worth." No matter how one feels about Judge Posner's predilection for a Chicago School economic analysis of all matters legal, one has to give him credit for his essentially unmatched intellectual intensity in writing about the development of legal constructs and concepts. This essay is a fine example of this point.