There are a couple of excellent posts here:
http://volokh.com/posts/1207764182.shtml
and here:
http://volokh.com/posts/1207766763.shtml
that discuss some of the related issues. Recommend anyone with an interest take 3 minutes to read them...
“There are a couple of excellent posts here:”
No, there aren’t. You are wrong on this issue. Period.
Interesting.