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No law : intellectual property in the image of an absolute First Amendment

Author: David Lange; Jefferson Powell
Publisher: Stanford, Calif. : Stanford Law Books, 2009.
Edition/Format:   Print book : EnglishView all editions and formats
The original text of the Constitution grants Congress the power to create a regime of intellectual property protection. The First Amendment, however, prohibits Congress from enacting any law that abridges the freedoms of speech and of the press. This book explores the tensions in these two conflicting provisions.

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Material Type: Internet resource
Document Type: Book, Internet Resource
All Authors / Contributors: David Lange; Jefferson Powell
ISBN: 9780804745789 0804745781 9780804745796 080474579X
OCLC Number: 213408630
Description: xv, 435 pages ; 24 cm
Contents: Part I. Intellectual property in America : the idea and its merits --
Unfair competition and trademarks --
Patents, copyright and neighboring rights --
Exclusivity versus appropriation : some questions and costs --
"Exclusive rights" and the Constitution --
Part II. Intellectual productivity and freedom of expression --
Foreshadows : International News Service versus the Associated Press --
Intellectual productivity and freedom of expression : the conditions of their coexistence --
Part III. The First Amendment in America : some chapters in a history of debate --
The origins of the First Amendment and the question of original meaning --
The Sedition Act of 1798 and the first First Amendment crisis --
Justice Holmes and the arrival of balancing --
Justice Black and the absolute First Amendment --
Part IV. The absolute First Amendment revisited : the amendment as a prohibition on power --
Constitutional absolutes in a Holmesian world --
Forward to the eighteenth century --
Part V. Summing up --
Intellectual property in the image of an absolute First Amendment.
Responsibility: David L. Lange and H. Jefferson Powell.
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No Law embraces an absolutist first amendment position to challenge the conventional idea that Congress may make laws abridging the freedom of expression to protect intellectual property  Read more...


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"No Law has everything that makes a book valuable. It is clearly written, makes an original argument based on exhaustive research and challenges conventional thinking. Moreover, it offers a possible Read more...

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