Google Book Project Tries to Placate the Critics: Will It Be Enough?
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If the district court judge approves the settlement, will it be appealed? Amazon.com is the most likely to bring such an appeal, and many others would join it.
On appeal, would the Second Circuit Court of Appeals or the Supreme Court overturn the settlement as the work of an activist judge? The Supreme Court would likely find the arguments regarding the separation of powers, and the district court’s having exceeded its authority, compelling.
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Thomas C. Carey
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