The United States Supreme Court's decision in 'Feist Publications, Inc. v. Rural Telephone Service Co.' has invited analysis along many lines of inquiry. In most instances, the practitioners and scholars who have considered the case have brought to their work an admirable pragmatism and focus for which one can be grateful. Taking a non-pragmatic approach Professor Lange asks, Is Feist just another in a long series of false starts, missed opportunities, and wrong turns on the road to constitutional harmonization in the field of intellectual property in America? Or is it possible that what makes Feist worthy of the close attention it is getting is that in this case, at last, the Court has signalled its intention to begin the serious business of bringing to intellectual property the constitutional coherence it deserves? Each of these alternatives is considered briefly.
David L. Lange, Sensing the Constitution in ‘Feist’, 17 University of Dayton Law Review 367-374 (1992)