Tomorrow is the oral
argument in the Aereo case. There is a good reason why the Supreme Court will reverse the Second Circuit. Moreover, it has
already indicated that it will do so when it granted cert.
First, the reason for the Supreme Court reversal: the 2d Cir. Opinion in Aereo is “nuts,” as one respected West
Coast academic called it last year at the 21st Annual Fordham IP conference.
Of course, there are many more detailed arguments in the various briefs in the Supreme Court. Moreover, that is not to say...
Monday, April 21, 2014
Friday, August 23, 2013
3:37 PM
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It will be interesting to see
the reactions to a 60 Minutes report alleging that A-Rod leaked
information about drug-taking by the
Brewers’ Ryan Braun and the Yankees’ Francisco Cervelli. A-Rod has denied the allegation but,
assuming that it’s true, how are people likely to react? And how should they
react?
Well, it used to be considered
wrong to “squeal” on a member of one’s group. Think of the Blue Wall of Silence
among...
Wednesday, August 14, 2013
4:22 PM
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Joseph M. McLaughlin: Professor, Legal Author, Dean, Judge
Joseph McLaughlin died on August 8th. He was truly a remarkable man. “Larger than life” describes him personally, and also his impact on Fordham Law School and on many people, including me.
I would not be at Fordham if it weren’t for Joe (but please don’t hold that against him.) He began hiring non-Fordham Law graduates on a regular basis for the first time. While I was an AUSA in the Southern District, he called and asked me to leave that position...
3:08 PM
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I have
been thinking about writing a blog for a long time. The idea fits well with one of my youthful
career goals – becoming a newspaper columnist -- which arose chronologically somewhere
in the midst of major League shortstop, novelist, and high school history
teacher (combined if possible with high school baseball & soccer coach).
I was actually “this close” to
starting a blog about 15 -20 years ago. A
student who had been quiet up until then came up to me after...
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