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Perspective

Jun. 28, 2014

Aereo, disruptive technology and statutory interpretation

The case presented two showdowns: one between the cable industry and a charismatic disruptive technology and the other between textualists and jurists seeking to vindicate legislative intent. By Peter S. Menell and David Nimmer


By Peter S. Menell and David Nimmer


The Aereo case presented two fundamental showdowns: one between the cable industry and a charismatic disruptive technology and the other between textualists and jurists seeking to vindicate legislative intent. Much of the media attention surrounding the case focused on the former. But it was the latter that proved decisive, and rightfully so.


Under our Constitution, Congress has primacy in enacting laws and the...

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