David Fagundes
90 Texas L. Rev. 1093

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Professor David Fagundes conducts an empirical study on how intellectual property is protected via social norms, rather than formal law, in the world of roller derby.  Fagundes delves into rule structure, registration system, and governance regimes that roller derby skaters have organically developed to protect the pseudonyms that they use in the rink.  Based on his findings, Fagundes asserts that IP norms emerge independently of the substantive law when the relevant group is close-knit and the norms are welfare enhancing.  He also suggests an alternative way of thinking about the problem of supplying property systems, casts doubt on the coherence of the prevailing neoclassical economic assumptions underlying IP law, and reflects on what it means for rules to be law.