Thinking about kudzu and the law today, which made the right of publicity come to mind.
White v. Samsung Electronics, 989 F.2d 1512 (1993) (Alex Kozinski, Dissenting)
"This is an intolerable result, as it gives each state far too much control over artists in other states. No California statute, no California court has actually tried to reach this far. It is ironic that it is we who plant this kudzu in the fertile soil of our federal system."
Wendt v. Host International, 197 F.3d 1284 (1999) (Alex Kozinski, Dissenting)
"As I noted in White, 'No California statute, no California court has actually tried to reach this far. It is ironic that it is we who plant this kudzu in the fertile soil of our federal system.' . . . We pass up yet another opportunity to root out this weed. Instead, we feed it Miracle-Gro. I dissent." (Citation omitted.)
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