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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