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The Emergence Of Classical American Patent Law, Herbert J. Hovenkamp
The Emergence Of Classical American Patent Law, Herbert J. Hovenkamp
All Faculty Scholarship
One enduring historical debate concerns whether the American Constitution was intended to be "classical" -- referring to a theory of statecraft that maximizes the role of private markets and minimizes the role of government in economic affairs. The most central and powerful proposition of classical constitutionalism is that the government's role in economic development should be minimal. First, private rights in property and contract exist prior to any community needs for development. Second, if a particular project is worthwhile the market itself will make it occur. Third, when the government attempts to induce development politics inevitably distorts the decision making. …
Those Indispensable Articles Of Confederation-Stage In Constitutionalism, Passage For The Framers, And Clue To The Nature Of The Constitution, Arthur R. Landever
Those Indispensable Articles Of Confederation-Stage In Constitutionalism, Passage For The Framers, And Clue To The Nature Of The Constitution, Arthur R. Landever
Law Faculty Articles and Essays
The author considers the Articles, first on the world's stage as a landmark. He next treats the Articles as a means of readying the Framers for constitution-making in 1787. The Articles would be a crucible, training ground, and failed model to draw upon. He then discusses the pragmatic and complex legal culture which produced the Articles, and ultimately, our open-textured Constitution.
The Articles Of Confederation: Gateway To The Constitution, Arthur R. Landever
The Articles Of Confederation: Gateway To The Constitution, Arthur R. Landever
Law Faculty Articles and Essays
This article gives a brief history of the Articles of Confederation and its influence on the United States Constitution, as well as the similarities and differences between these two documents. The author encourages study of the Articles because they offer insights into the Constitution.