20 posts tagged with Law and court (View popular tags)

Texas executes Mexican national who was denied consul visit.
posted on Aug 6, 2008 - View this thread

A Magistrate Judge in the U.S. District Court in Vermont has ruled that a man allegedly caught with child pornography on his laptop need not reveal his PGP password (yes, authorities shut down the laptop and now can't get at the alleged porn) pursuant to the Fifth Amendment's protections against self incrimination. The decision is here[PDF]. A decent write-up (from CNET of all places) is here. This appears to be the first decision ever to directly address this issue, and many commentators had thought it would come out differently. The major question is whether revealing one's PGP key is "testimonial" or not. According to the Supreme Court, giving up fingerprints or blood samples isn't, nor is standing for a lineup, nor is handing over the key to a safe, but if it's combination safe, well maybe that's different. Never let it be said that your Fifth Amendment rights are easy.
posted on Dec 15, 2007 - View this thread

NOTICE OF ARBITRATION AGREEMENT:
posted on Nov 27, 2007 - View this thread

A very big day for the District of Columbia Superior Court. In Pearson v. Soo Chung (pdf of opinion), Judge Judith Bartnoff ruled that Custom Cleaners is not liable to Roy L. Pearson for "various calculations of damages that go as high as $67 million" over "a pair of allegedly missing pants." The other shoe is yet to drop. Judge Bartnoff ruled that Pearson must pay the defendants' court costs and will consider forcing Pearson to pay the defendants' attorneys' fees. ( previously.)
posted on Jun 25, 2007 - View this thread

A very big day for the Supreme Court. In Morse v. Fredrick, the Court ruled that a school could suspend a child for holding up a "Bong HiTs for Jesus" banner. (Previous post here). In Hein v. Freedom from Religion, the Court held that taxpayers lacked standing to challenged Faith Based Initiatives (previous discussions). In Wilke v. Robbins, the Court held that land owners do not have Bivens claims if the federal government harasses landowners for easements. In FEC v. Wisconsin Right to Life, the Court held that the portion of the campaign finance law which had blackout periods before elections on issue advocacy advertising was an unconstitutional restriction of speech (other). This Thursday, the Justices will deliver their last opinions of the term, including a death penalty case and the school assignment cases. (Opinions are .pdfs)
posted on Jun 25, 2007 - View this thread

Court Decision, re: Fisher v. Lowe, Feb. 1999. Car ends up in man's yard. Man sues driver. Judge administers poetic justice. [via]
posted on Jan 30, 2007 - View this thread

Bradshaw v. Unity Marine Corp., Inc. (147 F.Supp.2d 668) "Both attorneys have obviously entered into a secret pact--complete with hats, handshakes and cryptic words--to draft their pleadings entirely in crayon on the back sides of gravy-stained paper place mats, in the hope that the Court would be so charmed by their child-like efforts that their utter dearth of legal authorities in their briefing would go unnoticed. Whatever actually occurred, the Court is now faced with the daunting task of deciphering their submissions. With Big Chief tablet readied, thick black pencil in hand, and a devil-may-care laugh in the face of death, life on the razor's edge sense of exhilaration, the Court begins."
posted on Jul 14, 2006 - View this thread

Roe v. Wade, 33 years old today. With abortion back in the news due to the Supreme Court nomination of Alito, will the Ideological Rumble over the issue ever be settled or are we doomed to see questionable declarations like today's recognition of "National Sanctity of Human Life Day, 2006"? ...creating a society where every life has meaning...-- every life? Really?
posted on Jan 22, 2006 - View this thread

Kiss your son's belly button Spend six months in jail.
posted on Jul 27, 2005 - View this thread

The Supreme Court's Big Day

The court chose not to review the controversy surrounding "reporter's privilege" in withholding the names of confidential sources; meaning reporters may continue to be jailed or fined for refusing to name sources in court.
 
In Brand-X, the Court decided 6-3 that cable providers did not have to allow competitors to access their lines (the way DSL companies do). FCC opponents had been hopeful the Court would find the other way, opening new markets for competition and service options.

The Court ruled one of two Ten Commandment displays are unconstitutional. The decalogue display on a courthouse wall in Kentucky was found 5-4 to be an unconstitutional endorsement of religion because it was serving a religious purpose. However, the Ten Commandments display on the grounds of Texas' state capitol were found to be constitutional.

The Court finally decided the MGM v Grokster case. The Court found unanimously that the file sharing service can be held liable for the copyright infringement of their users.
posted on Jun 27, 2005 - View this thread

Sacco and Vanzetti et al. The amazing Famous Trials website, compiled as a labor of love by University of Missouri law professor Douglas Linder, is a motherlode of information on historically significant trails, ranging from Galileo to the Amistad to Lenny Bruce. It features not only official transcripts, but also equally intriguing details such as a map of the railroad cars in the Scottsboro Boys trial, Klan documents from the Mississippi Burning case, and opinion polls related to the My Lai courts martial.
posted on Nov 30, 2004 - View this thread

Only in 1967 did Loving v. Virginia overturn vigorously-enforced laws against interracial marriage in these 15 states--Alabama, Arkansas, Delaware, Florida, Georgia, Kentucky, Louisiana, Mississippi, Missouri, North Carolina, Oklahoma, South Carolina, Tennessee, Texas, Virginia, and West Virginia. Only in 1964 did the Civil Rights Act overturn laws against equal access to voting, public accommodation, and public education. Only in 1963 did the Equal Pay Act mandate that men and women be paid the same wage for the same work at the same job. History isn't a superhighway, leading us in straight lines toward utopia. We fall back and we move forward, but over the past fifty years, the United States has become considerably more inclusive and equality of access to opportunity has widened. Take a look at this article from the Atlantic Monthly in 1956--1956!--if you don't believe me.
posted on Nov 4, 2004 - View this thread

Zacarias Moussaoui's legal brief to the Fourth Circuit regarding his right to question witnesses and the United States' reply. [warning: PDF]
posted on Jun 4, 2003 - View this thread

Appellate Court Rules Media Can Legally Lie. "The attorneys for Fox . . . argued the First Amendment gives broadcasters the right to lie or deliberately distort news reports on the public airwaves." And they won. Learn about the alleged deception (regarding BGH in milk). Read the appellate court's opinion which essentially says that there's no law against lying.
posted on Mar 7, 2003 - View this thread

Is forcing a prisoner on death row to take antipsychotic medication to make him sane enough to execute cruel and unusual punishment? (NYT link) A federal appeals court ruled that officials in Arkansas can force a prisoner on death row to take antipsychotic medication to make him sane enough to execute. The problem is that the American Medical Association's ethical guidelines prohibits precisely that. To make the case more surreal, a representative of the Arkansas attorney general's office who argued for the state later said: "The ethical decisions involving doctors are difficult ones, but they are not ones for the courts". Does this mean that COs -Correction Officers- are to figure out for themselves which medication to administer? Do they also call the shots when deciding if the "waiting" patient is sane enough???
posted on Feb 11, 2003 - View this thread

This is some scary stuff. Life in prison for malicious hacking? We can't keep rapists and murderers away from society for very long but now hackers & crackers could be jailed for life? And on top of that the FBI can monitor internet packets without a warrant? If you enjoy your freedom from gov't surveillance, it looks like it's time to start using PGP.
posted on Jul 16, 2002 - View this thread

Lawmakers blast pledge ruling... Yes I know this thread was started yesterday but at over 130 posts and given the recent news from lawmakers stating they would push for a constitutional amendment authorising the words "under God" if the Supreme Court did not smack down the 9th circuit courts decision I felt compelled to post again on this subject. Smack me down if you like...
posted on Jun 27, 2002 - View this thread

Nike Can't Just Say It, Court Rules Law: Firms can be found liable for deceptive public statements, justices decide. Critics call the decision a blow to free speech. You've got to love it.
posted on May 5, 2002 - View this thread

Terrorists should be tried in front of military tribunals instead in civilian courts in front of juries.
posted on Sep 29, 2001 - View this thread

Within a year, one authority expects, a judge will declare fingerprint evidence unscientific. The Age of Genetics is upon us. I didn't know twins have identical DNA, but different fingerprints. And, for other reasons as well, fingerprinting will still be used. Just not the standard anymore.
posted on Apr 8, 2001 - View this thread