Amy Kapczynski

Professor of Law and Faculty Director, Global Health Justice Partnership


Amy Kapczynski is a Professor of Law at Yale Law School, Faculty Co-Director of the Global Health Justice Partnership, and Faculty Co-Director of the Collaboration for Research Integrity and Transparency. She is also Faculty Co-Director of the Law and Political Economy Project and cofounder of the Law and Political Economy blog. Her areas of research include information policy, intellectual property law, international law, and global health.

FULL BIOGRAPHY
Amy Kapczynski

Contact Information



Faculty Assistant


Rosanna Gonsiewski

Education & Curriculum Vitae


J.D., Yale Law School, 2003

M.A., Queen Mary and Westfield College, University of London, 1998

M. Phil., University of Cambridge, 1997

A.B., Princeton University, 1996

Courses Taught


  • International Intellectual Property Law
  • Law and Social Movements
  • Property
  • Global Health and Justice Practicum
  • Intellectual Property: The Law of Scientific and Cultural Production

Amy Kapczynski is a Professor of Law at Yale Law School, Faculty Co-Director of the Global Health Justice Partnership, and Faculty Co-Director of the Collaboration for Research Integrity and Transparency. She is also Faculty Co-Director of the Law and Political Economy Project and cofounder of the Law and Political Economy blog. She joined the Yale Law faculty in January 2012. Her areas of research include information policy, intellectual property law, international law, and global health. Prior to coming to Yale, she taught at the University of California, Berkeley, School of Law. She also served as a law clerk to Justices Sandra Day O'Connor and Stephen G. Breyer at the U.S. Supreme Court, and to Judge Guido Calabresi on the U.S. Court of Appeals for the Second Circuit. She received her A.B. from Princeton University, M. Phil. from Cambridge University, M.A. from Queen Mary and Westfield College at University of London, and J.D. from Yale Law School.

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PUBLISHED ARTICLES

The Lochnerized First Amendment and the FDA: Toward a More Democratic Political Economy, Columbia Law Review, Vol. 118, no. 7

Dangerous Times: The FDA’s Role in Information Production, Past and Future, 102 Minn. L. Rev. 2357 (2018)

The Right to Medicines in an Age of Neoliberalism, Humanity Journal, April 26, 2019

Order without Intellectual Property Law: Open Science in Influenza, Cornell Law Review, Vol. 102, Issue 6

Promotion of Drugs for Off-label Uses: The US Food and Drug Administration at a Crossroads, JAMA Internal Medicine, February 2017 (with Jeanie Kim)

A Prescription for Excessive Drug Pricing: Leveraging Government Patent Use for Health, Yale Journal of Law & Technology, Vol. 18 (with Hannah Brennan, Christine H. Monahan, and Zain Rizvi)

‘Government Patent Use’: A Legal Approach To Reducing Drug Spending’, Health Affairs, Mar. 2 2016 

Innovation Sticks: The Limited Case for Penalizing Failures to Innovate, 81 Chi. L. Rev. 1781 (2015) (with Ian Ayres)

The Trans-Pacific Partnership — Is it Bad for Your Health?, New England Journal of Medicine (July 16, 2015)

Free Speech and Pharmaceutical Regulation: Fishy Business, JAMA Internal Medicine (March 2016)

Resist Pressure at Any Price, Business Today (India), Jan. 17, 2016 (with David Grewal)

Engineered in India: Patent Law 2.0, New Eng. J. Med. (July 17, 2013).

The Continuum of Excludability and the Limits of Patents, 120 Yale L. J. 1900 (2013) (with Talha Syed)

Polymorphs and Prodrugs and Salts (Oh My!): An Empirical Analysis of ‘‘Secondary’’ Pharmaceutical Patents, 7 PLoS e49470 (Dec. 2012) (with Bhaven Sampat and Chan Park)

The Cost of Price: Why and How to Get Beyond Intellectual Property Internalism, 59 UCLA L. Rev. 970 (2012)

Access to Knowledge: A Conceptual Genealogy,” in Access to Knowledge in the Age ofIntellectual Property (Zone Press 2010, Gaëlle Krikorian and Amy Kapczynski, eds.)

Harmonization and its Discontents: A Case Study of TRIPS Implementation in India’s Pharmaceutical Sector, 97 Calif. L. Rev. 1571 (2009)

The Access to Knowledge Mobilization and the New Politics of Intellectual Property, 117 Yale L. J. 804 (2008)

Addressing Global Health Inequities: An Open Licensing Approach for University Innovations, 20 Berkeley Tech. L.J. 1031 (2005) (with Samantha Chaifetz, Zachary Katz, & Yochai Benkler)

Historicism, Progress, and the Redemptive Constitution, 26 Cardozo L. Rev. 1041 (2005)

EDITED BOOKS

Access to Knowledge in the Age of Intellectual Property (Zone Press 2010, Gaëlle Krikorian and Amy Kapczynski, eds.)

SELECTED COMMENTARIES AND ESSAYS

There is no liberal case for Brett Kavanaugh, LA Times, Aug. 1, 2018 (with David Grewal and Issa Kohler-Hausmann)

Clinical Trial Transparency: The FDA Should and Can Do More, Journal of Law, Medicine & Ethics 45 S2, pp. 33-38, Jan. 10, 2018 (with Jeanie Kim)

Pediatric Exclusivity and Regulatory Authority, Implications of Amgen v HHS, JAMA 2018; 319(1): 21–22 (with Jeanie Kim and Joseph Ross)

Legal Challenges to State Drug Pricing Laws, JAMA, 2018; 319(9):865–866 (with Theodore Lee and Aaron Kesselheim)

Three Things Trump Can Do to Bring Drug Prices “Way Down.”  Wash. Post, Nov. 21, 2017 (with Aaron Kesselheim)

Promotion of Drugs for Off-Label Uses: The US Food and Drug Administration at a Crossroads, JAMA Internal Medicine, Feb. 2017 (with Jeanie Kim)

Amy Kapczynski, Bhaven N. Sampat, and Kenneth C. Shadlen, The TPP and Drug Prices: Not a Settled Matter, Foreign Affairs, Oct. 28, 2016

The Story of the TAC Case: The Potential and Limits of Socio-Economic Rights Litigation in South Africa, in Human Rights Advocacy Stories (Foundation Press 2009) (with Jonathan Berger)

Commentary: Innovation Policy for a New Era, 37 J. of Law, Medicine & Ethics 264 (June 2009)

Is Bayh-Dole Good for Developing Countries? Lessons from the US Experience, 6 Plos Biology e262 (Oct. 1, 2008) (with Anthony D. So, Bhaven N. Sampat, Arti K. Rai, Robert Cook-Deegan, Jerome H. Reichman, and Robert Weissman)

The Access to Knowledge Mobilization and the New Politics of Intellectual Property, 117 Yale L.J. Pocket Part 262 (2008)

Linking Ideas to Outcomes: A Response, 117 Yale L.J. Pocket Part 289 (2008)