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Comparing Eldred v. Ashcroft to Bowers v. Hardwick

[JURIST] Yale law professor Jack Balkin writes: "I’m currently working on a scholarly article on how social movements succeed or fail in shaping American constitutional law. As I thought about the recent Eldred case, which refused to hold the Copyright Term Extension Act unconstitutional, I was struck by the similarities to Bowers v. Hardwick, the 1986 case in which the Supreme Court refused to hold that same sex sexual relations were constitutionally protected." Read parts one and two [Balkinization posts] of Professor Balkin's analysis.

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