1424 posts tagged with Law.
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Attorney-client relationship taking a second place to stopping terrorism?

Lynne Stewart, a New York human-rights lawyer was arrested and had her files searched, on charges relating to her work as defence counsel for Sheikh Omar Abdel Rahman who is serving a life sentence in connection with the bombing of the WTC in 1993. A law school's graduate students seeking to honour her with an award at their graduating ceremony has been stopped from doing so by the dean afraid of bad publicity.
posted by fvw on Apr 29, 2003 - 10 comments

Space Law.

Space Law. It hadn't even occurred to me that there was some, so I was interested to find the "Outer Space Treaty", which has also been generously translated for thickies and teachers .
posted by biffa on Apr 28, 2003 - 7 comments

Music Industry looses in court

Federal judge rules Morpheus, Grokster not liable for Internet piracy. Well that is until the big pocketed music industry finds a favorable judge and wins the appeal.
posted by thedailygrowl on Apr 25, 2003 - 3 comments

No more Scarlet Letter!

Is this your fetus? Are you the one I slept with? Remember when we discussed this before? Florida has now been forced by 4 plaintiffs and the ACLU to repeal the so-called Scarlet Letter law that forces women who are pregnant and giving children up for adoption to take out an ad local papers once a week for 4 weeks, stating her name and her sexual history in the last year, to let men know if they *might* be the father. Here is the ACLU legal brief. The details about the decision are in the first link. Thank god for the ACLU.
posted by aacheson on Apr 25, 2003 - 46 comments

The Winter of a Country

H.J. RES. 25. Proposing an amendment to the Constitution of the United States to repeal the 22nd amendment to the Constitution.
posted by four panels on Apr 18, 2003 - 25 comments

Downward dog

“You can't deny, even if you are a spiritual being, that you are living in a world organized by money." Bikram Choudhury, yoga’s bad boy and proponent of the intense, sweaty version that bears his name, has copyrighted his famous sequences and is suing schools that teach them without his permission. Many adherents of the ancient technique, whose name can be translated as “unity”, are outraged, and are starting to unite against him. The Beverly Hills resident, who calls his style “the only yoga”, says "I have balls like atom bombs, two of them, 100 megatons each. Nobody f*cks with me." (Click through for free Salon day pass)
posted by gottabefunky on Apr 4, 2003 - 28 comments

The Proceedings of the Old Bailey

The Proceedings of the Old Bailey, London, 1674 to 1834 A fantastic, fully searchable database of criminal cases from another era, e.g., speaking scandalous and reflecting Words on His Majesty, assault with sodomitical intent and the appalling Mortal Wound with a Pitchfork on the hinder part of the Head. The Old Bailey's published record was a popular read at the time. Also included is a typology of crimes, a history of London policing before the bobbies, essays about gender and punishment and lots more historical background. [via the always marvelous Researchbuzz]
posted by mediareport on Apr 3, 2003 - 9 comments

Medical Marijuana in MD

Maryland voted to reduce penalities on folks who smoke marijuana for medical purposes. It's passed the house and is on it's way to becoming law!
posted by cpfeifer on Mar 27, 2003 - 11 comments

anwr

crunch time for ANWR [nytimes link] the administration wants to push through drilling despite what the residents think, a couple of senators in minnesota, oregon, and arkansas will cast the deciding votes... is the issue worth a call to you senator?
posted by specialk420 on Mar 14, 2003 - 22 comments

This why the Federal Government has more than one branch

The Senate bans "partial birth" abortions, but a similar law was struck down in Stenberg v. Carhart . Memo to Mr. Bush: there are other branches of the U.S. Federal Government.
posted by Bag Man on Mar 13, 2003 - 65 comments

Despite American efforts, world criminal court is born

Despite American efforts, world criminal court is born With China, Russia, and the United States refusing to go along with this international court, just how effective can it become? And will the refusal of these major nations to join in add the what now appears the disintegration of global attempts at moderating international affairs?
posted by Postroad on Mar 11, 2003 - 7 comments

the plot sickens

"Mr. Banks, a man with no prior criminal record, is most likely innocent of the charge that put him on death row. Fearing a tragic miscarriage of justice, three former federal judges (including William Sessions, a former director of the F.B.I.) have urged the U.S. Supreme Court to block Wednesday's execution.

"So far, no one seems to be listening." [via atrios]
posted by donkeyschlong on Mar 11, 2003 - 15 comments

Each according to his ability... not his guilt...

The lawyers for the victims of the Rhode Island nightclub disaster are planning to sue a radio station that broadcast commercials for the concert. Wistow said that while he still needs to nail down the precise nature of Clear Channel's responsibility, he's all but certain to name the company [in the suit].
posted by Pretty_Generic on Mar 10, 2003 - 34 comments

3 strikes your out

What About Three-Strikes-and-You're-Out for Corporate Criminals? California State Senator Gloria Romero recently introduced a bill that would hold California's law-breaking corporations to the same standard to which the state holds its law-breaking citizens. Three strikes and you're out. (original link from Robotwisdom)
posted by thedailygrowl on Mar 8, 2003 - 37 comments

Zoe and the DMCA

Rep. Zoe Lofgren's BALANCE act attempts to protect "Fair Use" rights from harmful legislation like the DMCA. Some related links: [summary] [whats wrong with the DMCA?]
posted by skallas on Mar 7, 2003 - 4 comments

Appellate Court Rules Media Can Legally Lie

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 by vraxoin on Mar 7, 2003 - 32 comments

www.constitutionalsluts.com?

I believe this is a blow for the First Amendment. Today, the 3rd U.S. Circuit Court of Appeals struck down the Child Online Protection Act. Also, read COPA's report online. In related news, the Supreme Court recently heard oral arguments regarding a law which requires "filters" to be placed on public library computers. Can any of these laws be written to satisfy constitutional requirements? Julie Hilden of Findlaw.con has already contemplated this issue. Will the U.S. follow Canada's lead by enacting similar anti-porn laws? Despite support in the U.S. for such laws, the Indianapolis model pornography law was struck down as unconstitutional nearly ten years ago. It seems even Canada is rejecting the Dworkin/MacKinnon point of view. Is there any middle ground in this showdown of liberty and equality? Which value should prevail? Are these values really at odds with each other?
posted by Bag Man on Mar 7, 2003 - 75 comments

Court grants blacks special sentencing

Court Grants Blacks Special Sentencing Sentences for black offenders can be reduced or tailored to reflect the systemic racism that has historically plagued their community, the Ontario Court of Appeal has ruled. The 3-0 judgment came in a case involving Quinn Borde, a black gunman from Toronto's seedy Regent Park area. The 18-year-old admitted to firing a gun repeatedly into the air while being chased by a gang and pistol-whipping a rival later.
posted by orange swan on Feb 13, 2003 - 15 comments

You have got to be kidding me series ...

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 by magullo on Feb 11, 2003 - 58 comments

The danger of Lobo basketball

"My child is safer at an organized cockfight than she is at a Lobo basketball game" was one of the comments overheard as New Mexico decided to be one of the two states to allow cockfighting. Reasons to keep cockfighting: Watching the bloody sport causes less emotional stress on children than a college basketball game and It's "part of the state's hispanic culture"
Obviously, the opposition to this mounts, but with Oklahoma and Oregon unable to send the roosters to pasture, is Cockfighting destined to remain on the fringes of America?
posted by RobbieFal on Feb 8, 2003 - 27 comments

Class Action Clearinghouse

Consumer Power! Not only can you register to join dozens of pending or proposed class action lawsuits, but you can try to convince an attorney to start a new one just for you. A welcome alternative to the Better Business Bureau or a sign of the approaching demise of Western civilization?
posted by boltman on Feb 4, 2003 - 1 comment

Wall of trouble?

Phil Spector arrested, booked for investigation of murder. via Drudge
posted by 111 on Feb 3, 2003 - 31 comments

SBC patents web site navigation

Evil SBC acts like bully going after small sites with an absurd patent. If you've ever designed a web site with "selectors or tabs that... seem to reside in their own frame or part of the user interface" such as Metafilter's header or Amazon's tabs or c|net's yellow side bar, then your design is in violation of SBC Communication's patent number 5,933,841. Here's the abstract:
A structured document browser includes a constant user interface for displaying and viewing sections of a document that is organized according to a pre-defined structure. The structured document browser displays documents that have been marked with embedded codes that specify the structure of the document. The tags are mapped to correspond to a set of icons. When the icon is selected while browsing a document, the browser will display the section of the structure corresponding to the icon selected, while preserving the constant user interface.
Armed with this patent SBC is going after web sites with a licensing fee of $100,000 to $16,000,000. Will this insanity ever stop?
via Jarle's Cyberspace
posted by DragonBoy on Jan 21, 2003 - 47 comments

Can corporations lie? Is the Pope still Catholic?

Commondreams.org story on a California court decision that Nike's PR blitz about its subcontractors' sweatshops violates a law against deliberate deception (via Blogdex). "Corporations are non-living, non-breathing, legal fictions. They feel no pain. They don't need clean water to drink, fresh air to breathe, or healthy food to consume. They can live forever. They can't be put in prison. They can change their identity or appearance in a day, change their citizenship in an hour, rip off parts of themselves and create entirely new entities. Some have compared corporations with robots, in that they are human creations that can outlive individual humans, performing their assigned tasks forever." Reminds me of this: REESE (slow, but intense) Listen. Understand. That Terminator is out there. It can't be reasoned with, it can't be bargained with...it doesn't feel pity of remorse or fear... and it absolutely will not stop. Ever. Until you are dead.
posted by palancik on Jan 4, 2003 - 33 comments

corporations as persons

Are Corporations Legally Persons?

Orthodoxy has it the Supreme Court decided in 1886, in a case called Santa Clara County v. the Southern Pacific Railroad, that corporations were indeed legal persons. I express that view myself, in a recent book. So do many others. So do many law schools. We are all wrong.

Mr. Hartmann undertook instead a conscientious search. He finally found the contemporary casebook, published in 1886, blew the dust away, and read Santa Clara County in the original, so to speak. Nowhere in the formal, written decision of the Court did he find corporate personhood mentioned. Not a word. The Supreme Court did NOT establish corporate personhood in Santa Clara County.


Pardon me while I go to the bookstore. This looks to be a book well worth reading. Imagine the US government controlled by the best interests of real people instead of corporations.
posted by nofundy on Dec 27, 2002 - 25 comments

If we let anyone fly planes, the terrorists have won...

Buy a Flight Manual, Get a Grand Jury Subpoena? A guy qualified to fly and instruct on the Boeing 737 buys a CD on Ebay that contains the ground course for the same plane. Then the FBI gets involved, and, courtesy of section 501 (d) of the "USA Patriot Act", he can no longer even discuss the issue. [more inside]
posted by Irontom on Dec 23, 2002 - 24 comments

The first online provider of therapeutic cannabis:

Pot in Canada may soon be a click away with the launch of a home-delivery service for medical marijuana over the Internet (more info on Canada's medicinal pot laws here ).
posted by Badmichelle on Dec 20, 2002 - 16 comments

Cubs sue rooftop owners

With negotiations breaking down, the Chicago Cubs have decided to sue "rooftop clubs" that sell tickets to watch games on rooftops surrounding Wrigley Field. Apparently the tickets cost between $70-$130. The Cubs are claiming unjust enrichment and public performance of a copyrighted work, due to the "clubs" showing the games to patrons via television. (via the Trademark Blog)
posted by anathema on Dec 19, 2002 - 19 comments

Headless Maggie

Man Beheads (statue of) Margaret Thatcher. His "sense of 'satirical humour' left him no choice but to carry out the attack" on the £150,000 Maggie as 'artistic expression and [his] right to interact with this broken world.' Jury fails to convict and a retrial is scheduled. Perhaps there is a creative solution to replacing the head?
posted by Shane on Dec 18, 2002 - 17 comments

File a claim if you bought a CD!

Music CD Settlement website now available. You'll get between $5 and $20 back, unless more than 13MM people respond, in which case the $67MM pool goes to charity.
posted by milnak on Dec 14, 2002 - 15 comments

civil disobedience

National Organization for Women v. Scheidler Is being heard by SCOTUS today. The case may decide whether non-violent civil disobedience can be prosecuted under federal RICO laws. Here's the ACLU's amicus brief. And comments from NRO's Rod Dreher.
posted by Ty Webb on Dec 4, 2002 - 26 comments

legal double standards

Sex Crimes and equal treatment "under the law." (pun anyone?)

Outraged prosecutors said Thursday that they will appeal the sentence given to Edwin "Ed" Mann, a former Orlando Police Department sex-crimes detective, for having a sexual affair with a 14-year-old girl who had earlier dated his son.

Mann, a former leader in Cops for Christ, pleaded guilty last week to four felony charges resulting from an ongoing sexual relationship he had with the girl two years ago when he was a sex-crimes detective.


Do you think being "religious" and policeman merits special treatment from a judge?
posted by nofundy on Nov 26, 2002 - 37 comments

Dildos illegal in Texas???

Dildo's illegal in Texas? Apparently so. Let me get this straight... in a state where you can carry loaded firearms on your hip, if you get caught with more than 6 dildos or other "pleasure devices", it's a FELONY? Absolutely amazing. Texas is like a whole other country. It also helps explain a lot. (via obscurestore)
posted by Ynoxas on Nov 22, 2002 - 78 comments

Enforcing publication bans

Enforcing silence: American media are unsurprisingly preparing to publish details of Vancouver's Pickton case despite a Canadian publication ban. Are media blackouts censorship, necessary for justice, or both? Or are they just doomed to fail when you can just, you know, do stuff like this?
posted by transient on Nov 21, 2002 - 22 comments

It seems likely

It seems likely that we'll be hearing a lot more about tort reform, especially medical malpractice tort reform, over the next couple years. Sadly, many don't even know exactly what a tort is, let alone how the tort system works, although most have heard about individual lawsuits through the media. Conservatives tend to focus on capping damages, reigning in juries, and allowing businesses to contract out of tort liability. Liberals generally oppose these proposals, and some have a few ideas about reform as well. Of course, we could always follow the example of New Zealand and scrap the tort system altogether. Maybe the Supreme Court will give the GOP some suggestions about reform in their latest tort case.
posted by boltman on Nov 7, 2002 - 32 comments

Google censors search results

Google censors search results "Google, the world's most popular search engine, has quietly deleted more than 100 controversial sites from some search result listings. "
posted by mert on Oct 24, 2002 - 53 comments

The DMCA

The DMCA isn't the only Dumb Law. So may Strange Laws, even Sex Laws. There's many fun Obsolete Laws still on the books. The list Goes On and On.
Not sure what laws to follow, try A Law Librarian, or, better yet, WWJD?
posted by Blake on Oct 16, 2002 - 6 comments

Can the current prohibition really be blamed on one guy? First he tells Congress that "marijuana is the most violence-causing drug in the history of mankind" and then World War 2 comes and farmers are encouraged to grow it. After the War, he turns around and tells Congress that it could be used by the Russians to make our men lazy and pacifistic. If he had kept his original argument, our men would be insane killers against the Russian army. What would the country be like if there never was a HARRY J. ANSLINGER ?
posted by Degaz on Oct 14, 2002 - 27 comments

Blawgs:

Blawgs: Blogs from the legal world. Lessig is not the only lawyer sharing his expertise in the blog format. Blawgs range from individual lawyers (Ernie the Attorney) to entire firms using a collaborative format to focus on a single practice area (such as the Supreme Court). "Almost every law firm is trying to build a knowledge management system for itself to take advantage of the expertise within the firm," Svenson says. "But with blawgs, it happens organically. If you gave your lawyers their own blawgs, pretty soon everyone within the firm could see who knows the most about different topics." Are knowledge management systems feasible or practical yet?
posted by ajr on Oct 11, 2002 - 12 comments

A Charlotte couple

A Charlotte couple who has been fighting for nearly two years to regain custody of their 10 children from the Mecklenburg County Department of Social Services (DSS) could be thrown in jail if a district court judge finds them to be in contempt of court after a hearing tomorrow. When does government have the right to take your children without any explaination? And why will no one from our government discuss this situation?
posted by Macboy on Oct 10, 2002 - 42 comments

Nevada prosecutor accuses pro-marijuana group of using drug cartels for funding.

Nevada prosecutor accuses pro-marijuana group of using drug cartels for funding. A prosecutor has suggested a drug cartel backs efforts to legalize possession of up to 3 ounces of marijuana in Nevada. But an advocate for the proposal says the statement is "an outright lie, slanderous and libelous." Billy Rogers, spokesman for Nevadans for Responsible Law Enforcement (backed by the Marijuana Policy Project (MPP), adds that Gary Booker, a chief deputy district attorney in Clark County, "ought to have his mouth washed out with soap."
posted by botono9 on Oct 8, 2002 - 21 comments

One big happy family

One big happy family Ottawa granted permission for three wives of a polygamist to stay in Canada permanently and an immigration official has warned that several more applications from polygamists' wives are likely on the way, according to internal government documents obtained by The Globe and Mail. The report says the women filled in "housewife" as their occupation on their applications for immigration. They stated they would receive financial assistance from Mr. Blackmore. Under marriage information, they wrote "not available."
posted by orange swan on Oct 7, 2002 - 39 comments

The Supreme Court

The Supreme Court begins its term this coming Monday. There are lots of exciting cases on the calendar (99k PDF). For example, Ewing v. California, which will test California's 3 strikes rule. Scheidler v. NOW, which has to do with anti-abortion activists blocking access to clinics. And of course, Eldred v. Ashcroft, where the issue is whether or not the 1998 Sonny Bono Copyright Term Extension Act (PDF) is Constitutional. The last has been mentioned in a couple threads and has gotten loads of web attention, including this new piece from WIRED. A lot to look forward to, whether you're interested in one of the specific issues or you're just an avid armchair justice.
posted by jewishbuddha on Oct 4, 2002 - 22 comments

Do you know what the Second Amendment actually says?

Do you know what the Second Amendment actually says? UCLA Law Professor Eugene Volokh presents a remarkably clear, educated, and non-inflammatory explanation of the amendment, including plenty of historical references. As with my previous post (about Liberalism and Conservativism), I submit this not to promote a viewpoint, but to (hopefully) educate those who would debate about it.
posted by oissubke on Sep 29, 2002 - 33 comments

A bill is currently being pushed through Congress that will give health care providers, including those that are federally funded, the right to refuse to perform abortions or administer contraceptive medication for personal moral reasons. Next week: firefighters allowed to let houses burn down because they hate the color of the curtains.
posted by XQUZYPHYR on Sep 25, 2002 - 72 comments

A Visual Journey: Photographs by Lisa Law 1965-1971

A Visual Journey: Photographs by Lisa Law 1965-1971 Lisa Law's photographs provide glimpses into the folk and rock music scenes, California's blossoming counterculture, and the family-centered and spiritual world of commune life in New Mexico. They are moments that she lived, witnessed, and recorded on the frontier of cultural change.
posted by konolia on Sep 25, 2002 - 3 comments

Silence is Golden: A bizarre legal battle over a minute's silence in a recorded song has ended with a six-figure out-of-court settlement.
posted by LinusMines on Sep 23, 2002 - 24 comments

"I'm not a monster."

"I'm not a monster." Remember the woman caught on film hitting her daughter? She's now in custody. "It's clear here the young lady lost her temper.." Well, yeah.
posted by Yelling At Nothing on Sep 22, 2002 - 17 comments

MTV bans Public Enemy

MTV bans Public Enemy 's video "Gotta Give the Peeps What They Need" because the video contains the lyric "Free Mumia and H Rap Brown". MTV are willing to air the video if the lyric is cut. Public Enemy front-man Chuck D is vocal in his response. Responsible action or censorship in its worst form?
posted by nthdegx on Sep 14, 2002 - 75 comments

This week, two boys in Florida were tried for the bludgeoning-murder of their father. With accusations raised of the actual killing to have been done by another, adult male with alleged sexual ties to the two boys, the boys were found guilty only of a lesser second-degree murder charge, claiming the adult must have done the actual deed... yet the jury was unaware the adult accused and being tried for that very idea was acquitted of all charges the previous week. The issue? Both trials were handled by the same prosecutor who presented completely different theories to each jury... in other words, not settling on a confident belief of who actually performed the killing, the prosecution tried to get both the adult and the pair of boys convicted for it. Isn't that risky? Or, if you like a different flavor of debate, isn't that completely unethical?
posted by XQUZYPHYR on Sep 7, 2002 - 40 comments

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