MetaFilter posts tagged with Law

Obama Told Me I Was Doing The Right Thing

reenum — Thu, 31 Dec 2009 07:59:13 -0800

A medical marijuana provider in California is mounting a novel defense after his marijuana farm was raided by Federal agents. James Dean Stacy is arguing that statements made by President Obama while on the campaign trail about easing marijuana laws constitutes "entrapment by estoppel, defined as when an official tells someone that something is legal, then busts them for it. Put plainly, Stacy would not have formed the collective if the government hadn’t assured legal collectives that they wouldn’t be prosecuted."

...And Justice For All

mannequito — Thu, 17 Dec 2009 18:41:14 -0800

New WM3 Defense Letter Imprisoned since 1993, Damien Echols, Jason Baldwin and Jessie Misskelley Jr. filed new appeals in Oct. 2007 - previously - only to have them thrown out less than a year later. But a recent article in the Arkansas Law Review, which came on the heels of support from the National Association of Criminal Defense Lawyers and the Northwestern University School of Law’s Center on Wrongful Conviction, has the Arkansas Supreme Court reconsidering the appeals. Meanwhile, Terry Hobbs, stepfather of one of the victims, had his lawsuit against the Dixie Chicks tossed out earlier this month. YouTube playlist with both Paradise Lost films, divided into 38 parts. Not only is it a fascinating (though disturbing at times, possibly nsfw) introduction to the subject, the filmmakers found themselves caught up in the case after the aforementioned Hobbs gave one of them a knife as a gift - the same knife mentioned as 'new evidence'...

Only the rich can safely get high

mrgrimm — Thu, 17 Dec 2009 15:09:21 -0800

Medical Marijuana Apartheid -- as the U.S. Office of National Drug Control Policy misrepresents (PDF source) the new policy of the American Medical Association (PDF source) in regard to medical marijuana, and the U.S. Congress lifts the ban on Washington D.C.'s Initiative 59 ("the first time Congress has given its assent to a state or local law that permits medical use of marijuana") -- one writer questions whether the "back-door" decriminalization of cannabis has institutionalized class- and race-based discrimination.

Has the Supreme Court Become Too Catholic

jefficator — Thu, 10 Dec 2009 17:23:27 -0800

Has the Supreme Court become too Catholic?

Why doesn't the government have its own shoe stores as well?

converge — Thu, 10 Dec 2009 02:13:37 -0800

Have you ever wondered why you can't get what you want, but, if you try sometimes, etc.? Mark Hicken, a British Colombian lawyer, is a great source of information on the state(s) of Canadian liquor regulations. Sure, a little localised and dry, but that's the terroir, man. Also, he does point out some inanities that have a relatively universal appeal.

Lawyer in love

Kirth Gerson — Tue, 08 Dec 2009 11:49:15 -0800

Interview with Marc Randazza Remember the Glenn Beck copyright infringement lawsuit? Did you enjoy the arguments of the defending lawyer?(PDF) That was Marc Randazza.

"With the legal blogosphere, we are back to open courts. In the 1800s, people went to court for entertainment. You could make all sorts of claims, but they had to stand up in front of your friends and neighbors. In a way, that’s what is happening now. If you file a case like that, and the legal blogosphere gets wind of it, be prepared for the fall out."

Turnabout is FairPlay

findango — Mon, 07 Dec 2009 13:46:25 -0800

Canadian Recording Industry Faces $60 Billion Copyright Infringement Lawsuit. From the article: The claims arise from a longstanding practice of the recording industry in Canada, described in the lawsuit as "exploit now, pay later if at all." It involves the use of works that are often included in compilation CDs (ie. the top dance tracks of 2009) or live recordings. The record labels create, press, distribute, and sell the CDs, but do not obtain the necessary copyright licences. Instead, the names of the songs on the CDs are placed on a "pending list", which signifies that approval and payment is pending. The pending list dates back to the late 1980s, when Canada changed its copyright law by replacing a compulsory licence with the need for specific authorization for each use.

Refendum 71 is certified

Blazecock Pileon — Thu, 03 Dec 2009 15:52:59 -0800

Today, the State of Washington becomes the first state in the history of the United States to pass a law supporting the equality of same-sex partners by popular vote. The law, SB 5688, has also been described as the "everything-but-marriage bill", protecting rights already recognized for straight couples, such as hospital visitation, adoption, funeral and estate procedures, and insurance and retirement benefits. Signed into law on May 18, 2009 by Governor Christine Gregoire, the bill was held up for ninety days, which provided time for opposition members to organize and place an indefinite hold on the legislation, challenging it with the ballot measure Referendum 71. Despite a history of chronic domestic violence by its leaders Larry Stickney and Matt Shea, the opposition group Protect Marriage Washington barely managed to gather sufficient signatures by September 1, 2009, albeit through fraud and deception, in some cases. Further controversy arose in that this was the first time in state history that petition signatures had been withheld from the public, in violation of policy that in previous instances had made signatures, formerly a matter of record, available for verification by the public. Claiming unspecified and unverifiable threats of violence by gays and lesbians, Stickney's group received special dispensation through an indefinite reprieve by the US Supreme Court, preventing the signatures of his supporters from being released to the public until such time that his case is revisited. Passing with a narrow 53% plurality in an off-year election, the law was reaffirmed by the public on November 24, 2009, and certified today, December 3, 2009 at 12:01 AM by Washington Secretary of State Sam Reed and again by Governor Gregoire.

Marc Dreier's Crime of Destiny

shivohum — Wed, 25 Nov 2009 16:19:17 -0800

"...$48 million of notes due in September, another $15 million in November, a whopping $100 million in December, plus $60 million in January 2009. All told, he would need almost $225 million to cover these redemptions. 'Obviously,' Dreier observes without a hint of irony, 'I had put myself in a ridiculous predicament.'" (Previously)

The House on Garibaldi Street

reenum — Wed, 04 Nov 2009 11:35:26 -0800

The capture of Adolf Eichmann is one of the more daring spy operations in the post WWII era. The story spans 17 years, beginning with Eichmann's clandestine escape from the Allied forces and the Nuremberg trial, and ending with his hanging in Israel. After WWII, Eichmann was able to escape the Nuremberg trials and the subsequent efforts of Nazi hunters in Europe. He worked as a farmer for 5 years, before he was able to gain passage to Argentina with the help of an organization that helped ex-Nazis defect to South America. However, Nazi hunters like Simon Wiesenthal never forgot about Eichmann and the crimes he had committed. After years of chasing false leads, the Mossad finally found Eichmann and assembled a team to capture him. This team included Rafi Eitan and Peter Malkin. The team followed Eichmann and planned his capture, which ended with the Israelis smuggling a drugged Eichmann aboard an El-Al plane and making two transcontinental flights that pushed the plane's limits. The operation caused embarrassment for some of the world's superpowers. But, the trial went on nonetheless. Subsequent generations have studied this capture and the impact it had on the world as a whole. You can find repositories of Eichmann related documents here, here, here and here.

US Military Cuts And A Step Towards Equality

zarq — Thu, 29 Oct 2009 10:00:55 -0800

Yesterday, US President Obama signed a $680bn military policy bill, which cuts military spending, including $2bn in funding for new F-22 fighter jets. However, the bill also contained the first major piece of federal gay rights legislation, and fulfilled an Obama campaign promise: acts of violence against gay, lesbian, bisexual and transgender people have now been added to the list of federal hate crimes.

Real Texas Justice

anticlock — Thu, 15 Oct 2009 21:08:38 -0800

Judge William Wayne Justice. 1920 -2009. Appointed to the federal bench in 1968, Judge Justice spent his career as a progressive jurist working to insure the rights of minorities, the poor and the disenfranchised. His rulings forced the State of Texas to desegregate public schools, reform its prison system and provide education to undocumented immigrants.

There are known unknowns

Blazecock Pileon — Thu, 15 Oct 2009 07:50:48 -0800

"My answer is, I don't know. I don't know." US District Court Judge Vaughn Walker asked Prop 8 supporters to define the nature and extent of damage done by same-sex couples to the institution of marriage, and being unable to get any definitive answer, denied the request from supporters of Prop 8 to throw out Perry v. Schwarzenegger and ordered the case to trial in January 2010.

Separate and Expensive

Blazecock Pileon — Fri, 02 Oct 2009 15:21:07 -0800

Being a same-sex, taxpaying couple is more expensive, overall, than being a straight, taxpaying couple, for the same services and benefits, when available.

You get justice in the next world, in this world you have the law.

puckish — Thu, 01 Oct 2009 20:08:41 -0800

High court serves first injunction via Twitter. British court served the notice against an unknown internet user, after ruling that the offending Twitter account, BlaneysBlarney, impersonated the Donal Blaney, owner of law firm Griffin Law, who has a blog in the same name. Called "Blaney's Blarney Order," it's named after the right-wing blogger who filed the complaint. From Blaney's blog: Today is a great day for the overwhelming majority of well-meaning, decent people who use the internet and a bad day for bullies. It is, as I have said in the media, the day the scales of justice were tipped back in favour of innocent victims. I am proud that my firm, Griffin Law, has set precedent and made law today. Blaney isn't the first person to take on rogue Twitter impersonators. Slate's Emily Bazelon has written on impersonation paranoia, and former Alaska governor Sarah Palin has tweeted on the problem (if you just want to stalk and don't want to impersonate, you can go here). UK law states that injunctions don't have to be served in person -- they can be delivered via fax or email as well. In this case, the twitter user will be notified the next time they log in. Read up on Twitter's impersonation policy, plus handy guideline for what to do if you are served with an injunction in Britain.

The Justice Gap in America

lunit — Wed, 30 Sep 2009 14:16:40 -0800

Nearly one million people who seek help for civil legal problems, such as foreclosures and domestic violence, will be turned away this year. A new report by the Legal Services Corporation, a non-profit established by Congress in 1974 to ensure equal access to justice, finds that legal aid programs turn away one person for every client served. The full report, "Documenting the Justice Gap in America" is available here (pdf). The 2009 report is an update and expansion on a 2005 report (available here) finding that 80% of the poor lacked access to legal aid. Some of the problem may be due to restrictions placed on non-profits that provide legal aid, including prohibiting LSC-funded programs from participating in class actions, seeking attorneys' fees, or advocating before administrative or legislative bodies for policy reform. The restrictions also make certain groups of people ineligible for legal representation from LSC-funded programs entirely and block organizations from using any other funds for any service or activity that they are barred from providing with LSC dollars. There is a bill currently being considered to end what some have deemed unjust restrictions on those providing access to legal aid.

Poland Approves Mandatory "Chemical Castration" Drug Treatment for Convicted Pedophiles

zarq — Sat, 26 Sep 2009 10:56:48 -0800

In response to an incest case in which a man imprisoned, raped and fathered two children with his own daughter, Poland's Lower House of Parliament has approved an amendment to their penal code which makes chemical castration of pedophiles mandatory in certain cases. The bill still needs final approval from the Upper House of Parliament and President Lech Kaczynski, but passage is considered inevitable. Poland would be the first nation in the EU to make such drug treatment obligatory. Similar, voluntary policies for convicted sex offenders currently exist in Sweden, the Czech Republic, Denmark, Canada, eight US states (pdf) and South Korea. The severity of the impending Polish law has sparked a debate in the EU as well as increased attention on whether the Czech Republic's voluntary chemical castration program is humane and effective.

Truth in (French Fasion) Advertising

filthy light thief — Wed, 23 Sep 2009 10:40:03 -0800

Campaigning MP Valérie Boyer, a member of Nicolas Sarkozy's UMP party, has put forth another controversial bill to address the role of the fashion industry media in portraying healthy body images. Boyer, who wrote a government report on anorexia and obesity, is currently proposing "health warnings" on digitally altered photographs of people, stating that the image was "digitally enhanced to modify a person’s body image." The previous bill supported by Boyer and others came in April 2008, when France's lower house of parliament passed a bill that would make it a crime to promote "excessive thinness" or extreme dieting,. The bill would empower judges to punish with prison terms and fines of up to €45,000 any publication (including blogs), modeling agency, or fashion designer who "incites" anorexia. That bill, which followed closely after key members of the French fashion industry signed a government-backed charter, came under fire from fashion designers and some politicians. French fashion and politics weren't at the front of this effort, with Madrid's fashion week turning away underweight models in 2006, facing concerns that girls and young women were trying to copy their rail-thin looks and developing eating disorders.

IANARL

ND¢ — Tue, 15 Sep 2009 09:14:48 -0800

Get This Rat a Lawyer! A recent target of right wing anger has been Obama administration "czars", a term used to denote appointed presidential advisers not subject to Senate approval. Opponents of "czars" were recently emboldened by the resignation of Anthony "Van" Jones, who served from March 16 to September 5, 2009 as Special Advisor for Green Jobs, Enterprise and Innovation at the White House Council on Environmental Quality. An additional target of the hunt for Obama's czars is Cass Sunstein, a constitutional-law professor at Harvard University, who was confirmed Thursday as the director of the Office of Information and Regulatory Affairs. Outrage related to Mr. Sunstein stems from a paper Sunstein wrote in 2002, in which he argued that individuals as well as the state should be able to file suit for animal cruelty, as well as a lecture on the subject given at Harvard in 2007. Sunstein, who has called for an outright ban on hunting, stated as follows: "If rats are able to suffer—and no one really doubts that they are—then their interests are relevant to the question how, and perhaps even whether, they can be expelled from houses," "At the very least, people should kill rats in a way that minimizes suffering. And if possible, people should try to expel rats in a way that does not harm them at all." Reports of these statements led to a notable quote from Saturday's Tea Party rally in D.C.: said Davy Reeves of Kalamazoo: "He thinks rats should have the right to an attorney, to sue humans," Reeves said. "Rats have no right to live in my house."

Bad Maxwell

Confess, Fletch — Sun, 06 Sep 2009 08:21:17 -0800

▼●B≠0

Defending the Indefensible

smoke — Sun, 30 Aug 2009 20:57:53 -0800

Jacques Vergès has defended Milosevic, Carlos The Jackal, Saddam Hussein and nazi Klaus Barbie (you know, with with the one with the museum) in court. What kind person does it take to do that, and why? To hear from the prosecution, read what Geoffrey Robertson has to say about these trials, and their justice.* *warning both of these are long. But very readable and worthwhile, and you don't have to be a lawyer.

Cemented

plexi — Wed, 26 Aug 2009 16:22:50 -0800

This fall, law students are competing for half as many openings at big firms as they were last year in what is shaping up to be the most wrenching job search season in over 50 years.

“Had I seen where the market was going, I would’ve gone to a lower-ranked but less expensive public school,” [a second year law student at Penn] said. “I’m questioning whether law school was the right choice at all."

Reliving a nightmare

orrnyereg — Mon, 24 Aug 2009 09:18:45 -0800

After serving a prison term for molesting an eighth-grader in Ohio, David Copeland-Jackson moved to the District to live with his mother. He e-mailed a buddy and together, federal authorities said, they came up with a plan that would fool a respected judge into issuing a $3 million defamation order against Copeland-Jackson's victim. Indictment against David Copeland-Jackson. Affidavit in support of arrest warrant for David Copeland-Jackson.

With whom it starts

Blazecock Pileon — Sat, 22 Aug 2009 00:43:09 -0800

Healthcare reform has agitated right-wing extremists and moneyed interests in the United States for some time — during the presidencies of FDR and Truman as well as Clinton and Obama, most recently — but where do the objections originate from, and particularly those which are known to be based on complete untruths? Some of these lies start with or are repeated by well-known right-wing media personalities, but there are other people who get the ball rolling, who are perhaps less well-known. Elizabeth "Betsy" McCaughey originated one of the current myths more commonly known as "death panels", but despite her attempts to market herself as a folksy voice fighting for the well-being of senior citizens, she has been an effective advocate for the interests of private health insurance companies since the early 1990s. In The Atlantic's fascinating overview Triumph of Misinformation, award-winning journalist James Fallows follows the Clinton administration's failed attempt to pass healthcare reform, during which McCaughey spread a false claim about the Clinton proposal actively preventing patients from going outside the government system for treatment. Her fictitious story was quickly picked up and amplified by the mainstream media, with devastating effect. Her own version was entitled No Exit: What The Clinton Plan Will Do For You and was printed in The New Republic. Despite its publication, it contained so many inaccuracies that the magazine's former editors have all since disowned the piece (though Andrew Sullivan still lauded it up until two years ago). In an essay published on Bloomberg.com in February (and in several essays and letters since), she attempted to promulgate another lie in which hospitals and doctors under an Obama-led plan would be penalized for failing to contribute patient data to a federal health database, eliminating patient privacy and enforcing uniformity in treatment. This falsehood did not appear to gain as much traction as her subsequent "death panel" myth. After scrutiny following a critical two-part interview (full, extended version part 1 and part 2) (Flash req'd) with Jon Stewart this past Thursday, McCaughey resigned today from a vaguely described position with Cantel Medical, a private heathcare product corporation.

Who owns The Man?

scalefree — Fri, 14 Aug 2009 18:14:30 -0800

The Electronic Frontier Foundation has published a criticism of Burning Man, LLC's Terms and Conditions, saying that the automatic rights assignment to BMOrg for photos & video taken during the event is "creative lawyering intended to allow the BMO to use the streamlined “notice and takedown” process enshrined in the Digital Millennium Copyright Act (DMCA) to quickly remove photos from the Internet" and that this is corrosive to our freedom of speech. Burning Man responds.