Techdirt’s Legal Misunderstanding March Madness: Round Two!
from the second-round-is-where-the-true-greats-show-up dept
Round Two is happening right now. Go vote!
Well, our inaugural Techdirt Legal Misunderstanding March Madness is off to quite a start. Round one ended with most of the matchups getting thousands of votes, so now we’re on to round two. You can still see the official bracket to see how it matches up with your own personal bracket.
By far the biggest vote getter was the 1st Amendment against the Rules of Evidence, which ended up with just under 5,000 votes. The 1st Amendment won easily, though quite a few lawyers insisted this was the wrong result.
The most dominant winner was “Free Speech” which won over “works made for hire” with a vote ranking of 92.9% (copyright lawyers might disagree with this result).
We had several extremely close battles including Logan Act (51%) over State Action Doctrine (49%) and Citizens United (51.6%) over Copyright (48.4%), but the closest one was ERISA (50.3%) over Joint & Several (49.7%). Those two bounced back and forth a lot, and at moments were tied 50% each!
The biggest upsets, according to our careful seeding were Entrapment (#14) winning over DMCA (#3) (and winning easily) and the 14th Amendment (#14) winning over the Affordable Care Act (#3). For me, the biggest surprise was the GDPR losing out to Trademark law. I wasn’t expecting that at all!
Also, I will note that many people were upset about various legal concepts that were left off, or the seeding. I’ll note that immigrations lawyers were particularly perturbed about all of immigration law being lumped into a single category and then seeded 16th (and put up against HIPAA). They tried to rally support, but HIPAA still won easily. Perhaps next year we’ll have a bit more on the immigration front…
Anyway, round two has now begun, so make sure to get in your votes. It will run through Friday morning…
Go Vote In Round Two!
Filed Under: legal misconceptions, legal misunderstandings, march madness, misunderstood legal concepts
Comments on “Techdirt’s Legal Misunderstanding March Madness: Round Two!”
My guess is that RICO will sweep everything and Ken will have a small stroke.
I’ll laugh my ass off if this comes down to First Amendment vs. Free Speech.
Re:
vs Section 230
I’d be amused by a final round between “1st amendment” and “free speech”.
Though RICO is a serious contender.
My favorite final round would be a “Ken White” themed “RICO” vs “Fire in a theater”.
Re:
No shouting RICO in a crowded fire!
The loss for the State Action Doctrine killed my north east bracket. I guess I shouldn’t have been surprised about Tortuous interference, but I had state action winning the division.
Re:
WHY WON’T PEOPLE THINK ABOUT THOSE POOR TORTOISES!!!
Me? I’m happy to see the Logan Act and Free Speech squaring off. I’d be just as happy to see the act facing the 1st Amendment, too.
Sedition vs Treason might be a nuanced battle in the Final 4, too.
It's my 5th amendment right to say this
Seems a bit like “thing I’ve heard more about” is the winner in most cases. : )
Legal Madness Theorem : The more popular a legal concept, the more it is misunderstood.
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Where is Spectrum Liscensing
Hey Mike where is Spectrum Licensing? You seem to think that owning a spectrum license means you own the spectrum.
And this is your supposed field of expertise.
Conamn!