Paths or Fences: Patents, Copyrights, and the Constitution

I have a draft article up on SSRN, titled “Paths or Fences: Patents, Copyrights, and the Constitution” (forthcoming Iowa Law Review). Here’s the abstract: Congressional power over patents and copyrights flows from the same constitutional source, and the doctrines have similar missions. Yet the Supreme Court has approached these areas from distinctly different angles. With […]