Intellectual Property and the Constitution
This seminar will explore the constitutional justifications for, and limitations on, intellectual property protection under U.S. law. Topics will include the historical origins and judicial understanding of the intellectual property clause of the Constitution; Supremacy Clause and federalism issues raised by overlapping state and federal regulation of intellectual property; and the intersection of intellectual property and the First Amendment. Among other assignments, students will read the briefs and background materials related to Eldred v. Ashcroft, a constitutional challenge to the Copyright Term Extension Act that will be heard during the Supreme Court’s October 2002 term.
Although there are no prerequisites, priority will be given to students who have previously taken one or more courses in the field of intellectual property.