Golan V. Holder: Potential Shift In Judicial Scrutiny

Law360, New York (December 19, 2011, 12:15 PM EST) -- Eight years ago in Eldred v. Ashcroft, the U.S. Supreme Court addressed Congress’ power under the progress clause of the Constitution, which empowers Congress to grant copyrights and patents to “promote the Progress of Science and the useful Arts.” In Eldred, the court rejected a challenge to a copyright term extension act that extended existing copyrights and provided for a copyright term of 70 years plus the life of the author, concluding that Congress had broad powers to determine what copyright scheme best promoted progress. 

Now, in Golan v....
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