No Law Intellectual Property in the Image of an Absolute First Amendment

Name: No Law Intellectual Property in the Image of an Absolute First Amendment
Price: 7.74 USD
Availability: InStock
ISBN: 9780804745796

ISBN-10: 080474579X

ISBN-13: 9780804745796

Edition: 2009

Authors: David L. Lange, H. Jefferson Powell, Jefferson Powell

List price: $38.00

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Description:

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. While many have long noted the tension between these provisions, recent legal and cultural developments have transformed mere tension into conflict.No Lawoffers a new way to approach these debates. In eloquent and passionate style, Lange and Powell argue that the First Amendment imposes absolute limits upon claims of exclusivity in intellectual property and expression, and strips Congress of the power to restrict personal thought and free expression…

Book details

List price: $38.00
Copyright year: 2009
Publisher: Stanford University Press
Publication date: 10/27/2008
Binding: Paperback
Pages: 456
Size: 5.98" wide x 9.02" long x 0.59" tall
Weight: 1.342



Preface


Acknowledgments



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



Intellectual Productivity and Freedom of Expression



Foreshadowings: International News Service v. Associated Press



Intellectual Productivity and Freedom of Expression: The Conditions of Their Coexistence



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



The Absolute First Amendment Revisited: The Amendment as a Prohibition on Power



Constitutional Absolutes in a Holmesian World



Forward to the Eighteenth Century



Summing Up



Intellectual Property in the Image of an Absolute First Amendment


Notes


Bibliographic Note


Errata and Apocrypha


Index