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No law: intellectual property in the image of an absolute First Amendment
2008, Stanford Law Books
in English
0804745781 9780804745789
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Table of 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.
Edition Notes
Includes bibliographical references and index.
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