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...only a simplistic and unfair characterization, but it is out of step with those that have taken a serious look at the problems the industry is facing. It also ignores the simple fact that stealing is, as Harvard’s own Justice Breyer put it, “garden variety theft.” One thing we all can agree on is the desire for the lawsuits to go away. Record companies would rather invest in new business models and focus on creating music than spend time and money filing lawsuits. We hope the day arrives soon when lawsuits...

Author: By Steven Marks | Title: Facing the Kazaa Consequences | 11/14/2007 | See Source »

...young Justice Department lawyers in the early days of Ronald Reagan, Roberts and Justice Samuel Alito played on the same volleyball team, and both men were quickly marked for big things and nurtured for the bench. Justice Ruth Bader Ginsburg's cocoon was the American Civil Liberties Union. Stephen Breyer's inculcation came on Senator Edward Kennedy's Judiciary Committee staff...

Author: /time Magazine | Title: The Incredibly Shrinking Court | 10/11/2007 | See Source »

Meanwhile, Roberts and Breyer churned out the lion's share of the verbiage, writing for and against the court's ruling. Each strove to wrap the case in the lustrous legacy of Brown. "Before Brown," Roberts intoned, "schoolchildren were told where they could and could not go to school based on the color of their skin," and now these schools are doing the same. Not true, countered Breyer. Indeed, "to invalidate" those policies "is to threaten the promise of Brown," he warned...

Author: /time Magazine | Title: The Incredibly Shrinking Court | 10/11/2007 | See Source »

...evident from the opinions--six of them--totaling 48 pages. In places, they read like the midnight bull session of the world's smartest law students. But when Roberts warned that the decision would effectively seal battered women in their homes with the police locked outside, he sent Breyer and Justice David Souter to their keyboards to write yet more pages establishing the long settled fact that police are allowed to enter a home to stop domestic violence, with or without consent...

Author: /time Magazine | Title: The Incredibly Shrinking Court | 10/11/2007 | See Source »

...tribunal system, Colin Powell's call for the closing of Guantanamo and the refusal of two military judges to proceed with tribunal hearings may be enough for the justices to grant detainees habeas this time. Third, at least five justices - John Paul Stevens, David Souter, Ruth Bader Ginsberg, Steven Breyer and, believe it or not, Anthony Kennedy - have suggested in past opinions that they won't deny detainees access to the courts...

Author: /time Magazine | Title: Congress on Gitmo: Too Little, Too Late | 7/31/2007 | See Source »

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