An Introduction to The Second Monopoly and The Open-Book Examination — Companion Files

Understand & Reason the Constitutional Argument Yourself:

Three chapters of The Second Monopoly by Roleigh Martin
(formerly titled The Forgotten Half of the Patent Clause)

Chapter 1, Four Problems, One Remedy; Chapter 28, Reason the Constitutional Argument Yourself: The Open-Book Examination; and Chapter 35, When Outsiders Advance Constitutional Law and Other Disciplines — together with the files below — are reproduced here from the book The Second Monopoly by Roleigh Martin.

Chapter 35 sets out twenty cases in which someone outside a field saw what everyone inside it had missed. Chapter 1 is the book’s comprehensive introduction.

The exam chapter invites you to put the constitutional argument to an artificial-intelligence language model and judge for yourself whether the reasoning holds. To do that, download one of the exam files below, attach it to the AI, and paste in the prompts the chapter provides. The scoring sheet records what each model answers.

Eleven models have already been given the book’s open-book examination, including the legal-research engine OpenCase, and all eleven found a genuine constitutional conflict. Their complete replies are published in Appendix C, with a link to each model’s own session, so you can read what they said rather than take it on report. They settle nothing — only a court can — but the convergence is part of the record, and you can add your own run to it.

These files are provided free of charge to readers of that chapter. The examination was given while the book was titled The Forgotten Half of the Patent Clause, so the exam files keep that name.

• Read Chapter Thirty-Five — When Outsiders Advance Constitutional Law and Other DisciplinesHTML Two concerns. First: can a non-lawyer be trusted to handle a constitutional argument responsibly? Second: artificial intelligence was used to develop it — though massively validated. Together, can this combination be trusted? Yes, and here is why. If you are skeptical about a non-lawyer advancing a legal argument, read this first.
• Read Chapter One — the problem in plain languageHTML The book’s opening chapter, Four Problems, One Remedy, reproduced in full. It explains in ordinary language what the Patent Clause promised, what happened to that promise after 1970, and why one federal courtroom can answer it. If you are new to this argument, read this first.
• The Book Brief — what the book arguesHTML A short overview of the whole work: what the book contains, the chapter structure, the constitutional argument in outline, the author’s record, and the foreword. The place to see the shape of the project before deciding how deep to go.
• Tell the publisher you want this bookACT The book is finished and seeking a publisher. Leaving a name and an email is the one thing a reader can do that moves it — the list is what shows a publisher who this argument reaches. Nothing is sold, and nothing is owed. Three things wait on that one page:
  • Add your name, and say which of the nineteen plaintiff categories is yours.
  • The one-page handout, to give the argument to someone else — a general version and one written for truckers.
  • The book poster, free to print at letter size or at 12 × 18 for a shelf or a booth.
• An Invitation to Review — for Attorneys & Friends of AttorneysHTML A short standalone document: what the book argues, who the author is, what the chapter Reason the Constitutional Argument Yourself offers, and a request — if you are a lawyer, or know one — to consider a brief statement that the work merits serious consideration. Read this as your third item to study if you were sent this page — if you are neither an attorney nor a friend of one, you can skip this item.
• Read the Full Exam ChapterHTML The entire chapter, Reason the Constitutional Argument Yourself: The Open-Book Examination, reproduced in full — the holdings, diagrams, standards tables, the prompts, and the scoring. The eleven models’ complete replies are published separately, in the book’s back-matter apparatus as Appendix C, with a link to each model’s own session. The convergence is part of the record; they decide nothing — only a court can. Live links throughout.
• The Forgotten Half of the Patent Clause — ExamPDF The examination materials (Part One) as a PDF. The universal choice — works with virtually any AI that accepts an attached file. If in doubt, use this one.
• The Forgotten Half of the Patent Clause — ExamWORD The same examination materials as an editable Word document, with the standards tables as live text. Use this if your AI handles Word files more readily than PDFs.
• The Forgotten Half of the Patent Clause — Exam Scoring PagePDF A one-page sheet for recording how each AI answers the seven prompts, so you can compare models at a glance.
• The Case for Smart Exceptions to Editorial Policies on AIHTML A short paper on how the author uses AI in his book and articles, and why his method is being advocated to both book and magazine publishers. Existing AI policies are sound in general, but applied without exception they can turn away important work. The paper explains why smart exceptions should be made and how editors or publishers can tell when one is deserved. Helpful for readers, too, in recognizing whether they are reading AI slop or something exceptional.