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

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Date
2003
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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."
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intellectual property rights, information, copyright, constitutional law, democracy
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