What Is Congress Supposed To Promote?: Defining “Progress” In Article I, Section 8, Clause 8 Of The

Name

What Is Congress Supposed To Promote?: Defining “Progress” In Article I, Section 8, Clause 8 Of The

Cite

80 Neb. L. Rev. 754

Year

2001

Bluebook cite

Malla Pollack, What Is Congress Supposed To Promote?: Defining “Progress” In Article I, Section 8, Clause 8 Of The United States Constitution, Or Introducing The Progress Clause, 80 Neb. L. Rev. 754 (2001)

Author

Malla Pollack

URL

80 NELR 1

Item Type

article

Summary

My research shows four possible 1780s meanings of “progress” in the Progress Clause: quality improvement in the knowledge base, quantity improvement in the knowledge base (judged numerically), quantity improvement in the knowledge base (judged economically), and spread (distribution to the population). FN9 Of these, quantity is the *757 least supportable. FN10 Quality has low support and creates problems in context. FN11 Spread has the highest support. FN12
The most charitable reading of Congress' post-1970 intellectual property enactments might be that Congress sees the “Copyright and Patent Industries” as the strongest part of the current United States economy FN13 and, therefore, assumes that giving these industries whatever they request is the best policy. This approach ignores the probability that current major stakeholders are merely trying to protect and enlarge their own profit shares-- even when self-protection blocks “the progress of science and useful arts,” in any meaning of the phrase. FN14

Excerpts and Summaries

Created

Wednesday 12 of August, 2009 17:01:11 GMT
by Unknown

LastModif

Wednesday 12 of August, 2009 17:07:55 GMT
by Unknown