Where are those "fair use" legal opinions?

"An Empirical Study of U.S. Copyright Fair Use Opinions, 1978-2005"
by Barton Beebe
(working paper as of July 5, 2007)

Most people, and especially academics raise the fair use doctrine as an integral argument to defend copyright law, but research about the outcomes of attempts to upholding fair use protection has been lacking. This papers attempts to serve as the first empirical study of fair use. The overarching finding of this study is that "conventional wisdom about that [fair use] case law is wrong." (pg. 1)

Essentially, the state of the fair use doctrine is in jeopardy and as a result there is a difference between what most individuals, even lawyers (except for those specializing in copyright law), believe is considered to be a protected fair use and what is actually considered fair use by the courts.