30 October 2004

Letter to the Dean of U. of Chicago Law School

I felt it appropriate to make sure that Mr. Epstein's employer be aware of the questionable quality of his recent work, and any stigmatization it may have created. It would not be fair to the University of Chicago School, if Mr. Epstein was not aware of how his opinion reflects upon his employer.

This is not without consideration, as I have considered U. of C. Law School for an LL.M. and as a potential subsequent employer. Mr. Epstein's presence, in the capacity of his published article, deters such a choice.

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Dear Mr. Levmore:

You should be aware that Professor Epstein has written an embarassingly flawed
article, published here:

http://news.ft.com/cms/s/78d9812a-2386-11d9-aee5-00000e2511c8.html

The absurdity of the article is reflected in its convoluted conclusions, and
contrast with clear rebuttals on the page and elsewhere, in particular here:

http://www.groklaw.net/article.php?story=20041028000105896

Indeed, the esteemed Professor Lawrence Lessig felt it only necessary to
summarize the offensively flawed article in one line:

http://www.lessig.org/blog/archives/002244.shtml

The quality of this publication reflects very poorly on the University of
Chicago, and in particular your Law School. That a longstanding and
distinguished professor could produce something as questionable, offensive,
and absurd necessitates an uneasy speculation about the choices and
productions of the faculty.

The article demonstrates an absence of understanding of basic legal
principles, such as the difference between a copyright license and a
contract. A capacity to produce this nonsense brings the quality of his prior
and forthcoming publications into question.

I hope more care will be taken by your faculty in future publications to not
hold themselves out as experts in areas where they are clearly incompetent.

Sincerely,

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