The US Supreme Court released two opinions today, neither on criminal law. One was a copyright case, and the other was on federal v. state jurisdiction in class actions. Today's oral arguments are also civil cases. As noted earlier this month, in a sense no news is good news.
The copyright case, Kirtsaeng v. John Wiley & Sons, Inc., No. 11-697, has a juicy piece of fruit on dictum versus holding on page 27:
The copyright case, Kirtsaeng v. John Wiley & Sons, Inc., No. 11-697, has a juicy piece of fruit on dictum versus holding on page 27:
Most importantly, the statement is pure dictum. It is dictum contained in a rebuttal to a counterargument. And it is unnecessary dictum even in that respect. Is the Court having once written dicta calling a tomato a vegetable bound to deny that it is a fruit forever after?
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