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Thank you. I was just typing out a similar response, and would add that while sure, sometimes technology is hard for them to grok, it's incumbent upon the lawye
by bmelton 8y ago
Thank you. I was just typing out a similar response, and would add that while sure, sometimes technology is hard for them to grok, it's incumbent upon the lawyers to make the necessary analogies to the court for them to nit pick.
Sometimes they get things right, as I feel they did in Kyllo. Sometimes they get things wrong, as I feel they did in Grokster. But more often than not, I can read both the majority and minority opinions, and see that both sides are arguing from rational positions based on sound legal theory and precedent.
Of course judicial philosophy can tilt which way a justice finds, but again, most of the time it's well supported, and I think where most people see "technophobia" amongst the justices, they should see lawyers doing a poor job of making their cases plain.