 Patent Law Weblog An inevitable and tragic outcome By Kevin E. Noonan -- Congress in writing laws is faced with a dilemma. On the one hand the laws must be sufficiently clear and specific to enable enforcement, but on the other, the myriad of circumstances that can arise make it impossible to delineate with sufficient prescience the multitude of situations that can fall within the scope of the statute. Courts are the usual arbiters of how the law should be interpreted and applied, under Marbury v. Madison and 230 years of subsequent precedent. The question of what happens when it is the court... 
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