I upgraded my wordpress installation and, as has happened every.single.time I've stupidly pushed the upgrade button, the 'upgrade' broke my old site. So this is the new one, which is the default on the newest version of wordpress. I think this may prove I'm dumber than a hamster.
I've avoided self-advertisement in the past, and am reluctant to engage in it now, but thought you might be interested in a book I wrote (with friend, colleague and co-author H. Jefferson Powell) called "No Law: Intellectual Property in the Image of an Absolute First Amendment." It was published by Stanford University Press in 2009. I think it offers a way to give the first amendment its deserved primacy, and still preserve some of what (some) people think is important about copyright. I think we could live without copyright altogether if need be, but I also think it is possible to remake it in a fashion that leaves no room for doubt about where the first amendment ranks. I'm disgusted by Ginsburg's opinion in Golan.
Anyway, maybe you'll find some merit in the book, and then again, maybe not. Either way I will be interested in your reaction.
David, maybe you're thinking of Stephen Kinsella the lawyer? I'm an economist--your book would sail right over my head!