The book "Ill Gotten Gains" by Leo Katz explores this subject in depth from the perspective of a lawyer. His thesis is that libertarianism can not be founded on utilitarianism, rather, it must have (and does) have a deontological foundation. It's a must read for anyone who finds this sort of thing interesting.

http://www.amazon.com/Ill-Gotten-Gains-Evasion-Blackmail-Kin...