147 posts tagged with Court.
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"he can also be a loudmouth whose favourite subject is his own rights"

Court judgments are often long, dense and full of legal jargon. But in the English Family Court case of Lancashire County Council v A & B Mr Justice Peter Jackson has given a judgment carefully written to so that the children involved, and their mother, can understand it. [more inside]
posted by Major Clanger on Sep 14, 2016 - 62 comments

The definition of "parent" has been expanded in New York State

New York's highest court has redefined parenthood in a same-sex parenting case. (SLNYT) The Court of Appeals ruled Tuesday in In the Matter of Brooke S.B. v. Elizabeth A. C.C. and Matter of Estrellita A. v. Jennifer D., that the non-married, ex-partner of a biological parent may seek custody or visitation rights of children they once agreed to conceive and raise as co-partners with their exes. The Court, in a 6-0 vote, said that given the legalization of same-sex marriages and other societal changes that have upset the notion of "parents" as being a married man and woman, it was time for it to abandon the precedent of its 1991 ruling in Matter of Alison D. v. Virginia M. [more inside]
posted by holborne on Aug 31, 2016 - 27 comments

The Court That Rules The World

International investors have a private court of appeal even in criminal matters - "A parallel legal universe, open only to corporations and largely invisible to everyone else, helps executives convicted of crimes escape punishment. [ISDS] operates unconstrained by precedent or any significant public oversight, often keeping its proceedings and sometimes even its decisions secret." (via) [more inside]
posted by kliuless on Aug 31, 2016 - 39 comments

Due Process

A Family Matter. Each year, California’s child protective services agencies remove thousands of kids from their homes. Some parents decided to fight back.
posted by zarq on Aug 19, 2016 - 64 comments

The Victim

A Marine's Convictions. "After a flawed sexual assault investigation, a Naval Academy instructor fights to prove he has done nothing wrong. But did he?" (content warning: rape) [more inside]
posted by zarq on May 3, 2016 - 20 comments

"...and do equal right to the poor and to the rich..."

At 11am Eastern time, President Obama will nominate Merrick Garland, the chief judge of the U.S. Court of Appeals for the District of Columbia, to the Supreme Court. Judge Garland is a centrist who was previously considered by the President for SCOTUS nomination in 2010, during the selection process which gave us Justice Sotomayor. He is reportedly "well known, well respected, and tremendously well liked in Washington legal circles; even Republicans have nice things to say about him." [more inside]
posted by zarq on Mar 16, 2016 - 463 comments


“Can you imagine a situation where a celebrity sex tape would not be newsworthy?” asked the lawyer, Douglas E. Mirell.

“If they were a child,” Mr. Daulerio replied.

“Under what age?” the lawyer pressed.

Gawker founder Nick Denton and former editor Albert J. Daulerio take the stand.
posted by four panels on Mar 9, 2016 - 69 comments

“It involves my life, my legacy, my career, my history, my reputation.”

Alan Dershowitz on the Defense (His Own) by Barry Meier [The New York Times]
Last month, demonstrators at Johns Hopkins University interrupted Alan M. Dershowitz as he was giving a fiery speech defending Israel. The disruption normally would not have fazed Mr. Dershowitz, a former Harvard Law School professor who thrives on controversy and relishes taking on opponents in and out of the courtroom. The protesters, however, were not challenging his Middle East politics. Instead, they held up a sign reading, “You Are Rape Culture.” Mr. Dershowitz knew what it meant. A decade ago, he had defended a friend, a money manager named Jeffrey E. Epstein, after authorities in Palm Beach, Fla., found evidence indicating that he was paying underage girls to give him sexual massages. The lawyer led a scorched-earth attack on the girls and, with a team of high-priced lawyers, cut a plea deal for Mr. Epstein that the local police said was too lenient.
[more inside] posted by Fizz on Dec 13, 2015 - 80 comments

This American death

Adnan Syed’s case is being reopened. NPR's Serial Podcast, formerly discussed abouts these parts, seems to have finally precipitated the state of Maryland to allow a new examination of the case, considering new evidence stemming from the podcast series and following events. The Guardian's post-podcast rundown.
posted by allkindsoftime on Nov 7, 2015 - 104 comments

Is the US justice system up for sale?

Reasonable Doubts About the Jury System Trial consultants allow the affluent to manipulate the biases of those who judge them, putting our justice up for sale. via The Atlantic
posted by robbyrobs on Jun 18, 2015 - 32 comments

“It’s Over!”

Amanda Knox Acquitted of 2007 Murder by Italy’s Highest Court [New York Times]
"ROME — Italy’s highest court overturned the murder convictions of Amanda Knox and her Italian former boyfriend on Friday, throwing out all charges and ending a long-running courtroom drama over the killing of a British student in 2007. The ruling in favor of Ms. Knox, a 27-year-old former exchange student from Seattle, and her co-defendant, Raffaele Sollecito, 31, was a shock in Italy, where the convictions had been expected to be upheld in the stabbing death of the British student, Meredith Kercher.
Previously. Previously. Previously. Previously.
posted by Fizz on Mar 28, 2015 - 64 comments


Now in open beta, SCOTUS Search allows users to "search the text of 1,424,780 individual statements within 6,683 Supreme Court oral arguments." [more inside]
posted by jedicus on Feb 18, 2015 - 11 comments

“I can’t breathe,”

On Trial for Rape by Ann Brocklehurst [The Walrus Magazine]
"Late last year, in a Toronto courtroom, a young woman faced off against the university student whom she accused of raping her in a school parking lot. The media ignored the story. This is a series about a criminal rape trial that took place in Toronto late last year. The trial lasted eight days; the judge announced his verdict earlier this month." —Ann Brocklehurst
[more inside] posted by Fizz on Jan 29, 2015 - 78 comments

Social media as a crime scene

On Monday, the Supreme Court (with a recovering Ruth Bader Ginsburg) will hear argument in Elonis v. United States, a case where a man was convicted for posts and messages on Facebook that prosecutors treated as threats of actual violence. (trigger warning: descriptions of violence) [more inside]
posted by roomthreeseventeen on Nov 29, 2014 - 52 comments

"has no place in the field of public education"

Tomorrow, is the 60th Anniversary of the Supreme Court's decision (pdf) in Brown v. Board of Education [more inside]
posted by roomthreeseventeen on May 16, 2014 - 12 comments

These APIs© Oracle Corporation

The Oracle vs. Google decision has been reversed. [more inside]
posted by juiceCake on May 12, 2014 - 151 comments

Her Majesty's High Court of Chivalry of England and Wales

In England coats of arms and other issues of heraldry are registered and administered by the College of Arms. But what if some base scoundrel displays your family's ancient and noble coat of arms without the right to do so? You sue them in the Court of Chivalry. [more inside]
posted by jedicus on Apr 27, 2014 - 21 comments

Supreme Court Campaign Finance Opinion Issued

Today, the Supreme Court issued its 5-4 opinion in McCutcheon v FEC.
The Government has a strong interest, no less critical to our democratic system, in combatting corruption and its appearance. We have, however, held that this interest must be limited to a specific kind of corruption—quid pro quo corruption—in order to ensure that the Government's efforts do not have the effect of restricting the First Amendment right of citizens to choose who shall govern them. For the reasons set forth, we conclude that the aggregate limits on contributions do not further the only governmental interest this Court accepted as legitimate in Buckley. They instead intrude without justification on a citizen’s ability to exercise “the most fundamental First Amendment activities.” Buckley, 424 U. S., at 14. The judgment of the District Court is reversed, and the case is remanded for further proceedings. It is so ordered.
The Supreme Court strikes down provisions of the Bipartisan Campaign Reform Act of 2002 ("BCRA") as an unjustified intrusion on First Amendment rights. The link also includes the concurrence of Justice Thomas and a dissent by Justice Breyer. [more inside]
posted by dios on Apr 2, 2014 - 255 comments

Nadon is Nay, doh!

Supreme Court of Canada kicks out one of its own. "The Supreme Court has dealt a stunning blow to Prime Minister Stephen Harper, ruling that his latest appointee to that court, Justice Marc Nadon of Quebec, is not legally qualified for the job."
posted by blue_beetle on Mar 21, 2014 - 46 comments

The Plaintiffs today also ask for fairness, and fairness only.

"Our nation's uneven but dogged journey toward truer and more meaningful freedoms for our citizens has brought us continually to a deeper understanding of the first three words in our Constitution: we the people. "We the People" have become a broader, more diverse family than once imagined." In the case of Bostic v. Rainey, the United States District Court for the Eastern District of Virginia's Judge Arenda L. Wright Allen has declared Virginia's same-sex marriage ban unconstitutional [more inside]
posted by roomthreeseventeen on Feb 14, 2014 - 66 comments

We hold that heightened scrutiny applies

Today, the Ninth Circuit reversed and remanded the case of Smithkline Beecham Corporation v. Abbott Laboratories, holding that lawyers cannot exclude a potential juror from service solely based on their sexual orientation, because sexual orientation is subject to heightened scrutiny under the Equal Protection Clause.
posted by roomthreeseventeen on Jan 21, 2014 - 34 comments

"Even to observe neutrality, you must have a strong government."

Court strikes down FCC's net neutrality rules
posted by Blazecock Pileon on Jan 14, 2014 - 139 comments

“He looks young,” the judge said.

Life Times Six: How Travion Blount got 118 years and six life sentences for a robbery. In 2006, 15 year old Travion Blount, along with two 18 year olds, robbed a group of teenagers at a party at gunpoint. No shots were fired. The two older boys accepted sentences of 10 and 13 years in exchange for a guilty plea. Blount plead guilty but refused to accept a sentence of 18 years. He went to trial, was found guilty, and received a mandatory 118 years in prison, without parole. On top of that, he received six life sentences. His only chance to exit prison alive is through geriatric release at age 60. He will most likely die behind bars. [more inside]
posted by roomthreeseventeen on Nov 24, 2013 - 144 comments

"That’s cruel and unusual punishment to me.” -Angola Warden

A LIVING DEATH: Sentenced to die behind bars for what?
For 3,278 people, it was nonviolent offenses like stealing a $159 jacket or serving as a middleman in the sale of $10 of marijuana. An estimated 65% of them are Black. Many of them were struggling with mental illness, drug dependency or financial desperation when they committed their crimes. None of them will ever come home to their parents and children. And taxpayers are spending billions to keep them behind bars.

A LIVING DEATH: Life without Parole for Nonviolent Offenses (PDF)
posted by andoatnp on Nov 13, 2013 - 32 comments

It Can Wait

The Superior Court of New Jersey's Appellate Division ruled on August 27 that if, as you text someone, you have special reason to know that the intended recipient is driving and is likely to read the text message while driving, you as the texter have a duty to users of the public roads to refrain from sending the driver a text at that time. [more inside]
posted by roomthreeseventeen on Oct 8, 2013 - 66 comments

McCutcheon v. FEC

Supreme Court to consider lifting campaign contribution limits. Reversing McCutcheon v. Federal Election Commission would allow unlimited individual campaign contributions.
posted by kliuless on Oct 7, 2013 - 101 comments

"I have never been custodian of my legacy."

In Conversation: Antonin Scalia "On the eve of a new Supreme Court session, the firebrand justice discusses gay rights and media echo chambers, Seinfeld and the Devil, and how much he cares about his intellectual legacy ("I don’t")." [more inside]
posted by zarq on Oct 6, 2013 - 89 comments

No, this is not an Admiralty Court.

Canadian self-described "Freemen" in Alberta have recently attracted a great deal of public attention to themselves. The justice system generally takes a very dim view of their shenanigans, as laid out in one of the most comprehensively researched and bizarre judgment issued in recent memory. Here's a general overview and debunking of the arguments they use. [more inside]
posted by thewalrus on Sep 23, 2013 - 142 comments

"Only fear can stop it. We are the youth of India. We are her voice."

On Tuesday, a court in India convicted four men of "rape, unnatural sex, murder, conspiracy and destruction of evidence" after they brutally gang-raped a woman on a bus in Delhi last December. The woman died two weeks later in a Singapore hospital. When news broke, it sparked protests (previously) and raised awareness worldwide about the plight of many women in India. Now that the verdict is in, the Guardian analyzes the incident to see how "the nation's surge to superpower status has left millions behind struggling on the margins." (Links in this post contain descriptions of rape and assault which some may find disturbing.) [more inside]
posted by zarq on Sep 12, 2013 - 16 comments

Cocaine's A Hell Of A Drug

Sly Stone's history of drug addiction and eccentricity is well known. But, a recent California Court of Appeals ruling details how a series of ill advised business deals left Stone destitute. [more inside]
posted by reenum on Jun 16, 2013 - 41 comments

A case for justice: the trial of George Zimmerman

One year ago, America was gripped with controversy over the Florida shooting of Trayvon Martin by George Zimmerman, who claimed he was shooting in self-defense under the "Stand Your Ground" statute, while many believe the shooting, subsequent police inaction, and even the court actions had racial undertones - given Martin was black and Zimmerman Hispanic. Now, furor somewhat quieter, the trial is beginning, with startling (and occasionally hilarious) presentations and demands from each side, including cellphone photos and texts from Martin's phone showing drugs and someone holding a gun, which the defense claims the prosecutors withheld, a list of words Zimmerman's attorneys want not to be used during the trial, which include any mention of racial profiling, and a (rejected) request that all 500 potential jurors be sequestered until their selection. [more inside]
posted by corb on Jun 13, 2013 - 290 comments

The Court has announced its opinion in Maryland v. King

Full opinion (dissent at page 33): In what is arguably the most important criminal procedure case the Supreme Court has decided in decades, the Court today announced its 5-4 holding in Maryland v. King. The majority opinion, authored by Justice Kennedy, held that the 4th Amendment allows states to collect and analyze DNA from people arrested (but not convicted) of serious crimes.
posted by eenagy on Jun 3, 2013 - 112 comments

Will take approx none of your sh..

Everyone around the watercooler is talking about supreme court justices. You want to join in, but you just don't have the time to research them! Don't fret! dalmatianparade's Quick Guide to the Supreme Court Justices is here to help!
posted by spiderskull on Apr 8, 2013 - 48 comments

A very Pyrrhic victory

9 years and 364 days ago, the then MEP (and later cabinet minister), Chris Huhne caught a flight back from Brussels to London Stansted, landing at 10.27pm. He picked up his car, with the distinctive number plate H11HNE, and sped back to his home in Clapham, South London, setting in motion a chain of events that would ultimately see him and his wife, economist Vicky Pryce, each sentenced to 8 months in jail. [more inside]
posted by MuffinMan on Mar 11, 2013 - 83 comments

"Roe has been her life, but it's no longer much of a living."

"Better known as the “Jane Roe” in the landmark Supreme Court case Roe v. Wade, Norma McCorvey has led a conflicted life. Forty years ago, she was at the center of the court decision that famously legalized abortion. Today, she is a zealous anti-abortion advocate." Why did McCorvey turn against the cause she once championed? Tracing the life of an Accidental Activist. Via
posted by zarq on Jan 24, 2013 - 39 comments

I Am Not A Mouse

"Escape From Tomorrow" is playing at the Sundance 2013 Film Festival. The black and white movie describes one family man's mental disintegration over a day at Disney's Orlando park. Randy Moore directed the film on-site without the knowledge of Disney. Reviews are generally good, with comparisons to The Truman Show and Eraserhead, though people who have seen it wonder how this will play out legally. [more inside]
posted by Wordshore on Jan 20, 2013 - 33 comments

"This was not a complex killing"

On Monday, a 12-year-old California boy was convicted of the second-degree murder of his father, regional Neo-Nazi leader Jeff Hall. [more inside]
posted by Benjy on Jan 15, 2013 - 114 comments

“I thought that modern penology has abandoned that rehabilitation thing”

In Sentencing Criminals, Is Norway Too Soft? Or Are We Too Harsh?
It’s not very often the concept of restorative justice gets much play outside scholarly publications or reformist criminal justice circles, so first, some credit for Max Fisher at The Atlantic for giving it an earnest look last week. In seeking to explain Norway’s seemingly measly twenty-one-year sentence for remorseless, mass-murdering white supremacist Anders Breivik—a sentence that is certain to be extended to last the rest of his life—Fisher casts a critical eye on the underlying philosophy that animates that country’s sentencing practices, finding it to be “radically different” from what we’re used to in the United States.
The Effectiveness of Restorative Justice Practices: A Meta-Analysis [more inside]
posted by the man of twists and turns on Nov 12, 2012 - 87 comments

“Mother of God, Blessed Virgin, drive out Putin!”

Pussy Riot found guilty of anti-religious ‘hooliganism’ for church protest. [NYTimes.com] Previously Previously.
posted by Fizz on Aug 17, 2012 - 182 comments

Nowhere is such freedom more crucial than in a science classroom

The Ohio Supreme Court has announced it will hear the appeal of John Freshwater, a Mt. Vernon eighth grade science teacher terminated after being accused of preaching Christian beliefs in class when discussing topics such as evolution and homosexuality. He was also accused of burning the image of a cross on students' arms. [more inside]
posted by roomthreeseventeen on Jul 6, 2012 - 146 comments

British Columbia court legalizes assisted suicide

The British Columbia Supreme Court has struck down a ban on physician-assisted suicide, in a whopping 1415-paragraph decision. [more inside]
posted by Lemurrhea on Jun 15, 2012 - 57 comments

DOMA doomed

First Circuit Court of Appeals rules Defense of Marriage Act unconstitutional.
posted by klangklangston on May 31, 2012 - 97 comments

Money Unlimited

Money Unlimited How John Roberts Orchestrated the Citizens United decision. [more inside]
posted by modernnomad on May 15, 2012 - 87 comments

United States v. Shipp

The Supreme Court of the United States has held only one criminal trial in its history: United States v. Shipp. [more inside]
posted by jedicus on Feb 7, 2012 - 30 comments

Zaire Paige Not Only Played a Movie Killer, He Became One in Real Life.

Zaire Paige had a breakout role in Antoine Fuqua's movie, Brooklyn's Finest. He was seen as a rising star. But, it all went away when he murdered a gang rival and was sentenced to 107 years in prison. [more inside]
posted by reenum on Dec 21, 2011 - 22 comments

"Caught between Recovery and the Coffin"

If I Die Young: Struggling with Addiction and Recovery. "Last year, 249 people died of prescription drug overdoses in Pinellas County, FL. Just about everybody who knew Stacy Nicholson figured she was next. Then an empathetic judge gave her a choice: recovery, or the coffin." [more inside]
posted by zarq on Dec 17, 2011 - 86 comments

“I‘m not lying!”

This past August a murder charge was dismissed against Nga Truong, a young mother who had confessed to Worcester, MA Police interrogators in 2008 that she had smothered and killed her 13 month-old baby, Khyle. A judge later concluded that confession was coerced -- extracted in part by police "deception," "trickery and implied promises" -- and the case was dropped. (pdf). Her case raises questions: What coercive power do detectives have who are driven to extract confessions? Under what circumstances might someone admit to a crime they have not committed? WBUR (Boston's NPR station) investigated Truong's case and has an extensive report, Anatomy of a Bad Confession: Part One and Two [more inside]
posted by zarq on Dec 10, 2011 - 28 comments

We hold these vegetables to be self-evident

Tomato: fruit or vegetable? In 1893, the US Supreme Court unanimously ruled in Nix v. Hedden that the tomato is legally a vegetable and not a fruit, botanical definitions be damned. In 2001, the European Union disagreed, saying that "tomatoes, the edible parts of rhubarb stalks, carrots, sweet potatoes, cucumbers, pumpkins, melons and water-melons are considered to be fruit". [more inside]
posted by davidjmcgee on Nov 17, 2011 - 91 comments

Supreme Court grants cert to Affordable Care Act

Yesterday, the Supreme court granted certiorari to several of the challenges to the constitutionality of the Affordable Care Act. Here's a great roundup of several news stories. I like the NPR story for a quick summary of the issues. The Court will hear a total of 5.5 hours of oral argument, and a decision is expected by the end of the current term, in June.
posted by insectosaurus on Nov 15, 2011 - 77 comments

Australia's High Court Rules The "Malaysian Solution" Unconstitutional

Australia's High Court has handed down a 6-1 judgement against (PDF) the Commonwealth Government's deal with the Malaysian Government, to replace the so-called Pacific Solution, under which the two countries would have "swapped" asylum seekers.
posted by Fiasco da Gama on Aug 31, 2011 - 56 comments

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