The Department of Immigration and Border Patrol of Australia's secret blacklist of immigration lawyers and agents has been discovered. DIBP claims that the list is used for "risk assessment" for partner visas and has "no impact" on assessing cases. The Migration Alliance, the lobby group of Australian migration agents that broke the news of the list, is not convinced.
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]
The most recent story in ProPublica's Living Apart: Examining America's Racial Divide series is "Segregation Now," which focuses on the Tuscaloosa, Alabama, city school district "and its fleeting experience with the challenges and virtues of integration." But beyond Tuscaloosa, "almost everywhere in the United States, the gains of integration have been eroded. And nowhere has that been more powerfully and disturbingly true than in the South – once home to both the worst of segregation and the greatest triumphs of integration. Freed from the federal oversight that produced integration, schools districts across the 11 former states of the Confederacy have effectively re-instituted segregation for large numbers of black students, in practical terms if not in law." [more inside]
A couple's final journey. "Chris MacLellan and Bernard Richard Schiffer never exchanged “for better or for worse” vows. As a gay couple, marriage wasn’t an option in Florida. Instead, they lived together and loved each other for 11 years."
The inside story of MIT and Aaron Swartz. The Boston Globe reviews over 7,000 pages of discovery documents in the Aaron Swartz case (previously): Most vividly, the e-mails underscore the dissonant instincts the university grappled with. There was the eagerness of some MIT employees to help investigators and prosecutors with the case, and then there was, by contrast, the glacial pace of the institution’s early reaction to the intruder’s provocation.... MIT never encouraged Swartz’s prosecution, and once told his prosecutor they had no interest in jail time. However, e-mails illustrate how MIT energetically assisted authorities in capturing him and gathering evidence — even prodding JSTOR to get answers for prosecutors more quickly — before a subpoena had been issued.... Yet if MIT eventually adopted a relatively hard line on Swartz, the university had also helped to make his misdeeds possible, the Globe review found. Numerous e-mails make it clear that the unusually easy access to the campus computer network, which Swartz took advantage of, had long been a concern to some of the university’s information technology staff.
The Interpreters We Left Behind. "As our troops pull out of Iraq and Afghanistan, we're abandoning fixers and translators to the dangerous countrymen who view them as traitors. Asylum in the U.S. could be their last hope. If only we'd let them in."
The Murders at The Lake. "In the summer of 1982 the city of Waco was confronted with the most vicious crime it had ever seen: three teenagers were savagely stabbed to death, for no apparent reason, at a park by a lake on the edge of town. Justice was eventually served when four men were found guilty of the crime, and two were sent to death row. In 1991, though, when one of the convicts got a new trial and was then found not guilty, some people wondered, Were these four actually the killers? Several years after that, one of the men was put to death, and the stakes were raised: Had Texas executed an innocent man?" [more inside]
Debo Adegbile was selected by President Obama to be assistant attorney general for the Justice Department’s Civil Rights Division. The Senate, aided and abetted by seven Democratic senators, killed his nomination. Why? Because he’s fought for civil rights.
Twilight in the Box. "The suicide statistics, the squalor and the recidivism haven’t ended solitary confinement. Maybe the brain studies will." [Via]
A sex worker has been awarded $25,000 as compensation for sexual harassment from her manager. [more inside]
Happy Valentine's day from Justice Scalia: (video) how his dissent in DOMA case US v. Windsor (PDF here) helped lead to recent rulings against state gay marriage bans.
"33" is a video made by the students of color at UCLA Law School. There are 33 black law students at the UCLA law school out of 994 J.D. students, not including those pursuing an LL.M. degree, a one-year law degree program for international students. [more inside]
"nine public school students are challenging California’s ironclad tenure system, arguing that their right to a good education is violated by job protections that make it too difficult to fire bad instructors." (SLNYT) [more inside]
During their Freedom Hosting investigation and malware attack last year, the FBI unintentionally obtained the entire e-mail database of popular anonymous webmail service Tor Mail. And now, they've used it in an unrelated investigation to bust a Florida man accused of stealing credit card numbers. [more inside]
Burt Likko is a lawyer who used to handle litigation arising from bar fights. He's learned a bit about how and why they happen.
Manoj and Maninder recall their harrowing year-long escape from brutality in India. They smuggled themselves into the United States, where they encountered further abuse in a detention center in El Paso, Texas. In the aftermath of the ruling on India's sodomy law, they've been granted asylum, but they continue to fear for their lives.
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.
Contempt of Cop Activists range from hard-conservative gun rights types, who carry copies of the Constitution in their pockets, to left-leaning civil liberties advocates. In both cases, they triumphantly upload video trophies of their confrontations to the internet. Quite a few show "checkpoint refusals" at roadblocks erected by police looking for drunken drivers, or by federal agents hunting illegal aliens. Courts here have held that police have the right to operate such stops. But the courts have also ruled that citizens are free to remain silent, and can refuse to allow searches and ignore orders to submit to "secondary inspections" unless police detain them — which requires the higher hurdle of reasonable suspicion or probable cause to believe an offence has been committed. [more inside]
MSNBC's Up with Steve Kornacki has been collaborating with NJ journalist Brian Murphy on some investigative journalism about the Chris Christie administration's alleged withholding of Sandy Relief funds until the Mayor of Hoboken agrees to fast-track a real-estate development. Hoboken was one of the hardest-hit communities and has so far received $6 per resident. Christie became governor after leading a US Attorney investigation which convicted NJ politicians of crooked real-estate deals.
60 Words And A War Without End: The Untold Story Of The Most Dangerous Sentence In U.S. History. "Written in the frenzied, emotional days after 9/11, the Authorization for the Use of Military Force was intended to give President Bush the ability to retaliate against whoever orchestrated the attacks. But more than 12 years later, this sentence remains the primary legal justification for nearly every covert operation around the world. Here’s how it came to be, and what it’s since come to mean." [Via]
During oral arguments this week on the Marvin Brandt Revocable Trust v. United States case, Justice Antonin Scalia chastised attorney Steven Lechner for reading from his script. Justice Stephen Breyer broke the tension with these words: "It's all right." [more inside]
Losing Aaron. "After his son was arrested for downloading files at MIT, Bob Swartz did everything in his power to save him. He couldn’t. Now he wants the institute to own up to its part in Aaron’s death." [Via]
"Building burn as rioters loot the local businesses, lighting their joints on the structure fires they set." First hand account of the disaster unfolding in Colorado on #GreenWednesday. [more inside]
If it weren't for the 1976 Copyright Act, copyright on work would expire after 56 years - which would have meant that Kerouac's On The Road, the original 12 Angry Men, and Elvis's All Shook Up would be public domain by today.
The Supreme Court of Canada has struck down Canada's prostitution laws saying that bans on street soliciting, brothels and people living off the avails of prostitution are arbitrary and create severe dangers for vulnerable women. [more inside]
Grantor retained annuity trusts are a method that the ultra rich use to avoid gift taxes. Many lawyers insist that these trusts are a cornerstone of any sound estate plan.
Following the state Supreme Court's decision in Griego v. Oliver [pdf], New Mexico has become the 17th U.S. state to legalize same-sex marriage. [more inside]
Westlaw's Headnote of the Day. From wrong wives to published dog heights to suing yourself to Lardashe to talking cats to pompous expert witnesses to defendants as "suppressible fruit" to "animals ferae naturae" to corporate agents of Satan to riding atop of doghouses to the torture of words to "Queen for a Day" agreements to the shockingness of prosecutorial rhymes and to the unsurprising boringness of closing statements. "IMPORTANT: We offer the Headnote of the Day as a diversion; the point of law it contains may no longer be good law."
A day apart, the Supreme Court of India and the High Court of Australia respectively overturned the three-year-old 2009 Delhi High Court ruling and the five-day-old Australian Capital Territory same sex marriage law. For India, this means a return to laws dating from the British rule of India which criminalise sexual acts "against the order of nature", and for Australia this means a return to the "man and woman" 2004 Amendment of the Federal Marriage Act.
"Mbube", a song that morphed into "The Lion Sleeps Tonight", illustrates the convoluted legalities surrounding music publishing rights and payments.
U.S. District Court Judge Jed Rakoff on "Why Have No High Level Executives Been Prosecuted In Connection With The Financial Crisis?" Judge Rakoff, a federal trial judge who sits in the Southern District of New York, writes: "[M]y point is that the Department of Justice has never taken the position that all the top executives involved in the events leading up to the financial crisis were innocent, but rather has offered one or another excuse for not criminally prosecuting them – excuses that, on inspection, appear unconvincing."
BuzzFeed and ProPublica report: How An HIV-Positive Man Was Sent To Prison For Having Sex — With A Condom [more inside]
Stop calling the DA "the Government!" it hurts her feelings or something. The defense responds..'Should this Court disagree, and feel inclined to let the parties basically pick their own designations and ban words, then the defense has a few additional suggestions....defense counsel does not wish to be referred to as a "lawyer," or a "defense attorney." Those terms are substantially more prejudicial than probative. See Tenn. R. Evid. 403. Rather, counsel for the Citizen Accused should be referred to primarily as the "Defender of the Innocent." This title seems particularly appropriate, because every Citizen Accused is presumed innocent. Alternatively, counsel would also accept the designation "Guardian of the Realm."'
"In a bizarre case involving threats of kidnapping, beatings and physical torture — including the use of an electric cattle prod— two rabbis were charged in New Jersey on Wednesday in a scheme to force men to grant their wives religious divorces." [more inside]
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]
It all started with a simple tweet. Nova Scotia commentator Parker Donham wanted to show his support of a local candidate by taking a picture of his marked ballot and posting it to his Twitter followers. Elections Nova Scotia took a dim view of this violation of the Elections Act, and tweeted a reply: "please be advised that your action is being referred to the RCMP for investigation", stating it is illegal to bring a recording or communication device into the polling station. Donham defends his action, and much controversy ensues. [more inside]
Supreme Court to consider lifting campaign contribution limits. Reversing McCutcheon v. Federal Election Commission would allow unlimited individual campaign contributions.
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]
New documents released by Glenn Greenwald from trove leaked by Edward Snowden show that the agency officially viewed arguments about 'due process' to be an 'adversary propaganda theme', listed alongside military threats to drones. [more inside]
Bearing Arms: [New York Times] Articles in this series examine the gun industry’s influence and the wide availability of firearms in America. [more inside]
How The Economic Machine Works by Ray Dalio actually makes a case against austerity and for redistribution, but also for money printing (and, arguably, for bailouts), while stressing the need to keep making productivity-improving public and private investments. However, it could be equally entitled: How The Industrial Age Political-Economy Doesn't Work Anymore, viz. Surviving Progress (2011)... [more inside]
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]
Who's a 'journalist'? People who can afford to be- and absolutely not Julian Assange. A US Senate panel has approved legislation to protect journalists from having to reveal their confidential sources. The proposed law defines 'journalism' by profession, and not by practice- shutting out citizen journalists while protecting corporate media.
The Limits of Computer Trespass Law (Lengthy video with audio available) "Have you ever borrowed a smartphone without asking? Modified a URL? Scraped a website? Called an undocumented API? Congratulations: you might have violated federal law!" Legal and internet thinkers (including Ed Felten, Jennifer Granick, Dan Auerbach, & others) talk about vagueness in the Computer Fraud and Abuse Act, chilling effects, and the prosecution of Aaron Swartz in a panel discussion at Stanford's Center for Internet and Society. [more inside]
Last post at groklaw ~pj a.k.a. Pamela Jones, the writer behind the law analysis site groklaw, has decided to shut down in the wake of the closure of Lavabit confidential email service. [more inside]
A photograph of breaker boys that changed history for millions of kids in America, who worked grueling lives as child laborers. What Charles Dickens did with words for the underage toilers of London, Lewis Hine did with photographs for the youthful laborers in the United States. Library of Congress collection of over 5,000 Lewis Hine child labor photos. Kentucky 1916. Previously. [more inside]