The Yale Law Journal

Paul M. Schwartz


Preemption and Privacy

Paul M. Schwartz

118 Yale L.J. 902 (2009). 

A broad coalition, including companies formerly opposed to the enactment of privacy statutes, has now formed behind the idea of a national information privacy law. Among the benefits that proponents attribute to such a law is that it would harmonize the U.S. regulatory ap…


Eldred and Lochner: Copyright Term Extensionand Intellectual Property as Constitutional Property

Paul M. Schwartz & William Michael Treanor

112 Yale L.J. 2331 (2003)

As intellectual property has become increasingly important to the national economy, a consensus has emerged among academics that courts should scrutinize congressional legislation closely under the Constitution's Copyright Clause. This Essay has challenged the academic conse…