Through the Looking Glass: Alice and the Constitutional Foundations of the Public Domain

Found at: https://hdl.handle.net/10535/3051
PDF
Type:	Journal Article
Author:	Benkler, Yochai
Journal:	Law and Contemporary Problems
Volume:	66
Page(s):
Date:	2003
URI:	https://hdl.handle.net/10535/3051
Sector:	Information & Knowledge
Region:
Subject(s):	intellectual property rights information copyright constitutional law democracy
Abstract:	From Introduction: "This paper does three things. First, it outlines the general framework of the relationship between two constitutional provisions -- Article I, Section 8, Clause 8 and the First Amendment -- and Congress's power to regulate the use of information and cultural resources through the institutional form of exclusive private rights. Second, this paper explains why it is appropriate, as a normative matter, to require close judicial scrutiny of congressional use of this particular form of regulation. Third, it identifies six specific pressure points currently bearing on this framework."

Files in this item

Files	Size	Format	View
Through_the_Looking_Glass.pdf	334.8Kb	PDF	View/Open