March 03, 2004
Lessig blames himself
Not a lawyer? Wondered what went wrong with a Supreme Court decision that had HUGE implications for modern culture? After a year of pain, Lawrence Lessig finally delineates ALL the mistakes in the Eldred case, and he doesn't hesitate in pointing the finger. (via Metafi)
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Very interesting read. Arguing a case before the Supreme Court has to be, in my mind, one of the most stressful things a lawyer may ever do, and to look back in the retrospectiscope and see what one might have done differently is both instructive and a little bit painful, especially as I agree with his position that if argued better, Eldred v. Ashcroft might have been decided differently.
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Aside: ambrosia, I hadn't heard the term retrospectroscope in a long time. Thanks for the flashback. And points to Lessig for such an instructive post-mortem. Sure, there's still a lot of self-flagellation, but he nevertheless makes his points through the fog of grief.
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This is a good post, Nal.