Article Title
Checks, Balance and Judicial Wizardry: Constitutional Delegation and Congressional Legislation
Abstract
Recent Supreme Court activity regarding "intellectual property" may lead some to believe the increase in cases has some further meaning beyond the decisions themselves. The interests they represent and the source of power to enact legislation in the field raise distinct issues that may inform of current judicial interest and concern. These don't necessarily delineate the constitutional role of the Court relative to the delegation under Article I, Section Eight, Clause 8 of the United States Constitution. A gathering of cases using conventional search resources and techniques yielded 666 patent cases and 73 copyright cases. This essay is not intended as a case-by-case analysis, or an exhaustive source of reference; it is but a sample of these cases. It is a work in progress attempting to simply share thoughts and perspectives raised by the litany of cases heard by the Supreme Court over these two centuries.
Recommended Citation
Reis, Robert I.
(2011)
"Checks, Balance and Judicial Wizardry: Constitutional Delegation and Congressional Legislation,"
Akron Intellectual Property Journal: Vol. 5
:
Iss.
3
, Article 1.
Available at:
https://ideaexchange.uakron.edu/akronintellectualproperty/vol5/iss3/1