No law: intellectual property in the image of an absolute First Amendment

Abstract

Contents Preface xxx Acknowledgments xxx Part I. Intellectual Property in America: The Idea and its Merits 1 1. Unfair Competition and Trademarks 000 2. Patents, Copyright and Neighboring 3. Exclusivity versus Appropriation: Some Questions and Costs 4. Exclusive Rights and the Constitution Part II. Intellectual Productivity and Freedom of Expression 5. Foreshadows: International News Service versus The Associated Press 6. 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 7. The Origins of the First Amendment and the Question of Original Meaning 8. The Sedition Act of 1798 and the First First Amendment Crisis 9. Justice Holmes and the Arrival of Balancing 10. Justice Black and the Absolute First Amendment Part IV. The Absolute First Amendment Revisited: The Amendment as a Prohibition on Power 11. Constitutional Absolutes in a Holmesian World 12. Forward to the Eighteenth Century Part V. Summing Up 13. Intellectual Property in the Image of an Absolute First Amendment Notes 000 Bibliographic Note 000 Index 000