Dynamic Vs Dynamic Court

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Some cases in the Supreme Court’s history stand out more than others. The case of Microsoft v. AT&T is an example of such a case. This case, which resulted in a major and influential ruling on the inclusion of software coding in patent laws, is an example of a dynamic ruling. This claim will be further explored, but first it is necessary to build an understanding of the meaning of both the dynamic and constrained perspectives.
1. Dynamic v. Constrained Courts
When it comes to the American court system, there are two predominant but opposing viewpoints: the constrained and the dynamic court views. While both views relate to the power the court system holds, the constrained view takes the stance that the court’s power is limited, while the
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One of their most prominent, and controversial, claims revolves around the idea that the Supreme Court can promote or destroy a political agenda almost single-handedly, particularly when it comes to social change. Critics of this viewpoint argue that the aforementioned power checks prevent this, however those who support the Dynamic Court View often point to specific cases they feel are a perfect example of this in action. Notable cases include Roe v. Wade, the ruling that legalized abortions, and Brown V. Board of Education, the case that ruled against segregated schools. These cases are said to have been ruled in certain ways largely for the purpose of creating widespread social changes that were supported heavily by outside interest groups or political administrations. Critics offer a counter-argument when it comes to Brown V. Board of Education, however, that relies fundamentally on the fact that courts are unable to self-execute their rulings. Despite this case often being cited as the case that integrated the school system, the reality is that it was largely ineffective in doing so until the Congress passed the Civil Rights Act of 1964, six years after the Brown v. Board of Education ruling. Without the backing of another entity, the court was unable to effectively implement their ruling, an example of a constrain the court system faces. (Hollis-Brusky)
2. Microsoft v. AT&T: An Example of a Dynamic
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v. Laitram Corporation. The case revolved around a shrimp-cleaning machine that was patented by Laitram. When the Deepsouth Corporation began manufacturing the components of a similar machine serving a similar purpose, Laitram filed a lawsuit for infringement. Deepsouth’s defense was that because they never manufactured the machine in its entirety, only its parts, that the patent hadn’t been infringed upon. The Supreme Court ultimately ruled in favor of Laitram on the basis that by manufacturing vital components of the patented machine, Deepsouth was, in fact, infringing on the patent secured by Laitram. (Oyez) This case is important to the Microsoft case because it ruled that vital and unique components of patented machines are also protected by the patent. AT&T based their case on the claim that their software code should be classified as a component, but because this ruling was prior to the boom of the software industry, the wording never explicitly stated whether or not abstract components, such as a software code, were included in the protection outlined following the Deepsouth

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