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Full-Text Articles in Law
Marshall V Madison: The Supreme Court And Original Intent, 1803-1835, Gordon Lloyd
Marshall V Madison: The Supreme Court And Original Intent, 1803-1835, Gordon Lloyd
School of Public Policy Working Papers
Should the justices of the Supreme Court rely on “original intent” as the foundation for constitutional interpretation? Or should they be free to interpret the Constitution in light of hermeneutical approaches created by current philosophies of law? This essay examines the Marshall Court to determine whether its opinions take their bearings from the American Founding or instead rely on a philosophy of jurisprudence that can be separated from the Founding. The purposes of this essay are fourfold: 1) to provide a comprehensive account of the use of the Framers by the Marshall Court, 2) address the normative question of the …
Still Patently Unconstitutional: A Reply To Professor Nard, Margo A. Bagley
Still Patently Unconstitutional: A Reply To Professor Nard, Margo A. Bagley
Faculty Articles
In Defense of Geographic Disparity is Professor Craig Nard's response to my article Patently Unconstitutional: The Geographical Limitation on Prior Art in a Small World (Patently Unconstitutional). According to Professor Nard, my article advocates "the elimination of [the] geographic disparity" of 35 U.S.C § 102 in order to "protect developing nations and indigenous peoples from Western countries' patent law regimes." Professor Nard is correct in his assertion that I seek the elimination of the geographical disparity in U.S. patent law; however, he misses the mark as to my reasons. My opposition to the geographical limitation does not derive from …