In a new working paper provocatively entitled Law Deans in Jail
, Emory law professors Morgan Cloud
and George Shepherd
examine the widespread reports of lying by law schools and their administrators, and the publication of these fabrications by U.S. News, and explain how the reported conduct could constitute federal crimes, [specifically] mail and wire fraud, conspiracy, and racketeering.
Advisory: 77-page PDF; click on the link on the top-left to download the full paper. [Abstract
. [Via the always trenchant Margaret Soltan]
posted by Sonny Jim
on Mar 13, 2012 -
The United States Court of Appeals for the Eleventh Circuit ruled yesterday
[.pdf] that a citizen's refusal to decrypt encrypted drives is protected by the Fifth Amendment, at least under some circumstances. In doing so it reversed the district court's contempt order entered against a John Doe defendant after he refused to decrypt his laptop hard drive and five external hard drives in response to a subpoena. This decision arguably conflicts with an earlier decision
in which a district court in Vermont required a defendant to provide the password to his encrypted drives. The Eleventh Circuit distinguishes the earlier case on the basis that the government in that case knew of the existence of the files and simply couldn't access them, while in the recent case the government did not know the names of files or even whether or not files actually existed on the encrypted drives.
posted by monju_bosatsu
on Feb 24, 2012 -
Are the X-Men Human?
The US government says yes, these people are no different from you or I, but Marvel claims their strange mutations and powerful augmentations move them beyond humanity into the realm of monsters, angels and devils. This Radiolab short explains why Marvel Toys argued in the US Court of International Trade that Wolverine, Professor X and Storm are inhuman. [more inside]
posted by justkevin
on Feb 20, 2012 -
Kirby Ferguson's fourth and final installment of Everything is a Remix
: System Failure
has been released. (Also on YouTube.)
It covers intellectual property rights, the derivative nature of creativity, patents and copyright. Transcript
. [more inside]
posted by zarq
on Feb 17, 2012 -
"The Fraley plaintiffs sued Facebook, alleging that its 'Sponsored Stories' feature, which displays ads on Facebook containing the names and pictures of users who have 'Liked' a product, violated California’s Right of Publicity statute. The statute forbids the commercial use of an individual’s name or likeness without consent. Integral to the plaintiffs’ claim was the assertion they had been injured because they were “celebrities” to their Facebook friends, such that their endorsements of the products in the Sponsored Stories held economic value—economic value that they were deprived of when Facebook published their Stories without their consent." - Famous for Fifteen People (Stanford Law Review)
: Celebrity, Newsworthiness, and Fraley v. Facebook (Citizen Media Law Project)
posted by wikipedia brown boy detective
on Feb 10, 2012 -
Gigi Gordon dies at 54; crusading criminal defense lawyer.
'Defense attorney Gigi Gordon, who was hailed as 'an unstoppable force for justice,' battled corrupt police and overzealous prosecutors to free dozens of prisoners who had been wrongfully convicted.''"She changed the way criminal law was practiced in this county," said her ex-husband, Andrew M. Stein, who also is a criminal defense lawyer. "People don't realize how many people she set free."' [more inside]
posted by VikingSword
on Jan 30, 2012 -
All this brings me to an Indian I want you to know better than his jury did—Douglas Ray Stankewitz, the longest tenured inmate on California’s death row. Like most Indians who find themselves in a group of non-Indians, he is currently known as Chief, but unlike many Indians, he is proud of the nickname.
The government wants to kill Chief because Theresa Greybeal was shot dead in the course of a robbery by a group of people high on heroin, and there is no question that Chief was one of them. There is a serious question about who pulled the trigger, and juries are reluctant to kill individuals who did not pull the trigger. But as far as his jury knew, Douglas Stankewitz pulled the trigger. And he might have, but we will never know, based on his trial.
posted by latkes
on Jan 15, 2012 -
England's Obscenity Trial of the Decade
is over, with unanimous Not Guilty verdicts being returned for all 6 charges. R v Peacock
was a rare outing for the Obscene Publications Act 1959
and its out-lawing of media which depraves
, and despite being shown DVDs of explicit homosexual acts, fisting, testicular torture, rape scenes, prolaspses and other acts the prosecution described as extreme the jury decided the material didn't breech the law. Alex d.
live tweeted the proceeding and Peacock's supprters are celebratory
. The question now is what is obscene in today's society, and is the act still relevant
. [more inside]
posted by samworm
on Jan 6, 2012 -
Bugs and Beasts Before the Law
- "Murderous pigs sent to the gallows, sparrows prosecuted for chattering in Church, a gang of thieving rats let off on a wholly technical acquittal – theoretical psychologist and author Nicholas Humphrey explores the strange world of medieval animal trials." More on the theme of barnyard scapegoats from the BBC podcast documentary: Animals on Trial
posted by madamjujujive
on Jan 5, 2012 -
The crime against women that no one understands
"They would be 10 educated, professional women versus a demonstrated liar—a man who had pretended to be a doctor, a CIA employee, even an astronaut—whom a court-appointed psychologist would decide met the legal definition of a "sexually violent predator." And yet the most remarkable thing about both trials wasn't the way they exposed the alleged tactics of a serial date rapist. It was that despite the outrageousness of the accusations against Marsalis, the testimony of 10 women wasn't enough to get a single rape conviction against him. The verdicts in these cases would be far lighter than his accusers sought—and victims' advocates say the outcome reveals a disturbing truth about the justice system. Nationwide, despite all the legal advances of the past three decades, little has changed for women who report a date rape. Because in far too many instances, juries don't believe date rape exists."
posted by nooneyouknow
on Dec 14, 2011 -
Even the most seemingly entrenched powers can be undermined and weakened and replaced by other human beings. And if it's not happening, it's not because it's impossible, it's because we just haven't figured out the right way to do it. And so the challenge of figuring out the right way to do that, and the role that I can play in it, and the way in which I can use my skills and my knowledge and my experience in order to contribute to it, is a really important and invigorating challenge for me. It becomes a work of passion, a sort of labor of love.As part of its "Conversations with History" series, UC Berkeley recently interviewed Glenn Greenwald, who discusses not only law and other issues, but his history and personal motivations for blogging.
(1-hour SLYT) [more inside]
posted by swift
on Dec 12, 2011 -
Malaysia is proposing a Computing Professionals Bill
, based on the Registration of Engineers Act
[.PDF] which makes it mandatory for all practicing "computing professionals" to be registered with a government body. Dealing in the IT industry, including sending “proposals, plans, designs, drawings, schemes, reports, studies or others to be determined by the Board to any person or authority in Malaysia” without being registered
will incur a fine not exceeding RM20,000 (~US$6380) or 6 months in jail. Malaysian IT professionals
are up in arms, and similarities have been drawn to Nigeria's law on computing professionals
posted by divabat
on Dec 8, 2011 -
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 -