Eldred and Lochner: copyright term extension and intellectual property as constitutional property.(Eldred v. Ashcroft, Lochner v. New York) From: Yale Law Journal | Date: June 1, 2003| Author: Schwartz, Paul M.; Treanor, William Michael | COPYRIGHT 2003 Yale University, School of Law. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan.  All inquiries regarding rights should be directed to the Gale Group.Copyright information

I. INTRODUCTION

Since the ratification of the Constitution, intellectual property law in the United States has always been, in part, constitutional law. Among the enumerated powers that Article I of the Constitution vests in Congress is the power to create certain intellectual property rights. (1) Yet, until very recently, this Clause and its meaning--and the larger subject of the relationship between constitutional law and intellectual property--received little attentio...