The Yale Law Journal

William Michael Treanor


Original Understanding and the Whether, Why, and How of Judicial Review

William Michael Treanor

For more than one hundred years, legal scholars have endlessly and heatedly debated whether judicial review of federal legislation was part of the original understanding of the Constitution. The stakes of the debate are high. If judicial review was part of the original understanding, then there is a…


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…