Reaction to Fifth Circuit's Broussard opinion

I base a lot of my evaluation about how good a written product is on how long it takes me to read it. In this evaluation, time is relative -- I don't mind spending an hour reading something long, as long as I am able to progress from the front to the back without a lot of problems and unnecessary stops along the way to try to decipher the trail. By those standards, the Fifth Circuit's Broussard decision was good writing -- relatively short, easy to read, easy to understand, not filled with judicial pomposity and ego-mania. I didn't have time on Monday to post commentary about the case, but I did read it, and because I was pressed for time, I appreciated all those attributes of the opinion. Before we discuss the decision itself, here's another copy for you to follow along with. I th