One hundred years of solicitude: Intellectual property law, 1900-2000

The elaboration of intellectual property law is closely intertwined with ne w technologies. The Review Essay draws on selected episodes from the past 1 00 years to illustrate the three typical stages by which the legal system a ccomodates new technologies: (1) disequilibrium; (2) adaptation and adjustm ent; and (3) legislative consolidation. The final section of the Article in troduces a cautionary contemporary note. As a byproduct of the increasing v alue of intellectual property, there has recently been a rapid increase in legislative activity, and concomitant lobbying activity. This changing poli tical economy is greatly compressing the traditional three-step process, an d may bypass it entirely in some circumstances. As a counterbalance to over zealous legislation, courts may be forced to look to the constitutional fou ndations of intellectual property as a source of limiting principles.