The Constitutional Law of Intellectual Property After Eldred v. Ashcroft
http://www.sims.berkeley.edu/~pam/papers/post-Eldred.pdf

Samuelson, Pamela
University of California Berkeley
2003

Abstract:

The past decade has witnessed an extraordinary blossoming of scholarship on the constitutional law of intellectual property, much of which focuses on copyright law. This article suggests that the scholarly debate will and should continue and that the proponents of constitutional limits are likely to enjoy some successes in the future, even if they did not do so in the Eldred case itself.