An Inconvenient School of Thought

7 Pages Posted: 21 May 2011

See all articles by F. Scott Kieff

F. Scott Kieff

George Washington University - Law School; Stanford University - Hoover Institution on War, Revolution and Peace; McKool Smith

Date Written: December 1, 2010


While a core focus of Carrier’s book is the relation between patents and antitrust, the book leaves its reader entirely in the dark about the school of thought about that interface that actually motivated Congress in passing the present patent system into law and that shaped the next half century of development in the case law. It is good that the book is not designed to recount history, because it would in that endeavor be writing out of the history the very events that were controlling. It also is good that the book is not designed to help the reader engage in a fulsome intellectual enterprise, because it would fail in that endeavor as well by leaving the reader totally in the dark about a major school of thought in the field. The book’s success is in providing a nicely written and thoughtfully worded dissertation about the views of Carrier and his intellectual friends.

JEL Classification: K2, L40, O34

Suggested Citation

Kieff, F. Scott, An Inconvenient School of Thought (December 1, 2010). Alabama Law Review, Vol. 61, p. 591, 2010; GWU Legal Studies Research Paper No. 566; GWU Law School Public Law Research Paper No. 566. Available at SSRN:

F. Scott Kieff (Contact Author)

George Washington University - Law School ( email )

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McKool Smith ( email )

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