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It's also good that Breyer wrote this opinion, given that he was one of the two judges who dissented in Eldred v. Ashcroft almost 20 years ago[1]. Lessig called
by zucker42 6y ago
It's also good that Breyer wrote this opinion, given that he was one of the two judges who dissented in Eldred v. Ashcroft almost 20 years ago[1]. Lessig called that opinion "perhaps the best opinion [Breyer] has ever written"[2] in his retrospective on the case.
[1] https://en.wikipedia.org/wiki/Eldred_v._Ashcroft https://en.wikipedia.org/wiki/Eldred_v._Ashcroft
[2] https://www.legalaffairs.org/issues/March-April-2004/story_lessig_marapr04.msp https://www.legalaffairs.org/issues/March-April-2004/story_l...
- selimthegrim 6y agoWere there any Breyer counterfactuals?