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The Constitutional Protection of Intellectual Property


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Intellectual property has been a key part of American exceptionalism the unique commitment in our political and legal institutions to natural rights and the rule of law as secured by a government of limited powers.REF When the Framers authorized Congress to secure patents and copyrights in the United States Constitution, it was unprecedented. No country’s founding document had done this before. As other intellectual property rights such as trademarks and trade secrets evolved in the 19th century, they too were secured by the unique American approach to securing all property rights in legal institutions governed by the rule of law.REF ....

New York , United States , Mount Vernon , United Kingdom , Great Britain , Samuel Mckeever , Isaac Mcpherson , Justice John Mclean , James Kent , Justice Levi Woodbury , Justice John Roberts , Oliver Evan , Richard Epstein , Daniel Webster , George Washington , Thomas Jefferson , Justice Clarence Thomas , Justice Gorsuch , William Blackstone , John Locke , Clarence Thomas , Justice John Marshall , Neil Gorsuch , James Madison , Alexander Hamilton , George Tucker ,

We Desperately Need SOME Institution to Execute as Constitutionally Designed


AP Photo/J. Scott Applewhite
Yesterday’s riotous invasion of the nation’s Capitol building is quite obviously roiling the country.
Who participated in the invasion is in factual dispute.  Which means Big Media is ignoring inconvenient facts and solely blaming Trump supporters.  Certainly a Trump supporter was shot and killed inside the Capitol by, it seems, Capitol Police.
But here’s a thought experiment:
There have been hundreds of Trump gatherings. All have been violence-free.
There have been hundreds of Antifa-Black Lives Matter gatherings. Almost all have resulted in violence.
Yesterday, many Antifa-Black Lives Matter people were clearly identified in attendance of the Trump gathering. ....

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We Desperately Need SOME Institution to Execute as Constitutionally Designed


AP Photo/J. Scott Applewhite
Yesterday’s riotous invasion of the nation’s Capitol building is quite obviously roiling the country.
Who participated in the invasion is in factual dispute.  Which means Big Media is ignoring inconvenient facts and solely blaming Trump supporters.  Certainly a Trump supporter was shot and killed inside the Capitol by, it seems, Capitol Police.
But here’s a thought experiment:
There have been hundreds of Trump gatherings. All have been violence-free.
There have been hundreds of Antifa-Black Lives Matter gatherings. Almost all have resulted in violence.
Yesterday, many Antifa-Black Lives Matter people were clearly identified in attendance of the Trump gathering. ....

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News - Guessing SCOTUS: Do Rulings Depend on What Roberts Has for Breakfast Each Day?


Most notoriously, Roberts saved the exceedingly unconstituional and awful Obamacare by asserting a “The mandate is a tax” argument its proponents barely made.
Most recently, Roberts joined with six other Justices in deciding not to take Texas’ case against several presidential-election-stealing states.  The Court’s ridiculous decision ridiculously means a state that cheats in a national election – which screws everyone in the nation – is the only entity that is allowed to do anything about it.  Which is asinine.  Which is saying the only person who can prosecute a murder – is the murderer.
But Roberts can do some good.  And has.  To wit: This just happened. ....

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Guessing SCOTUS: Do Rulings Depend on What Roberts Has for Breakfast Each Day?


(Win McNamee/Pool via AP)
There is a subset of the Comment-ariat who make their living watching the courts – and specifically the Supreme Court.
And humans being human – this subset likes to hazard guesses as to how the Big Nine (for now, anyway) will rule.
Largely predicated upon the behavior of the Big Nine during hearings.  What questions were asked, how they were asked, etc.
My joke for many years was the evenly divided Court would rule to the Left or Right depending upon what Justice Anthony Kennedy – aka Flipper – had for breakfast that day.  This was also true – to a lesser extent – with Justice Sandra Day O’Connor. ....

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