1433 posts tagged with law.
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Utah v. Strieff

The Supreme Court has issued its opinion in Utah v. Strieff (pdf actual opinion), holding essentially that an active warrant remedies an unconstitutional stop. [more inside]
posted by likeatoaster on Jun 20, 2016 - 82 comments

The Uncanny Mind That Built Ethereum

Vitalik Buterin invented the world's hottest new cryptocurrency and inspired a movement — before he'd turned 20 - "I think a large part of the consequence is necessarily going to be disempowering some of these centralized players to some extent because ultimately power is a zero sum game. And if you talk about empowering the little guy, as much as you want to couch it in flowery terminology that makes it sound fluffy and good, you are necessarily disempowering the big guy. And personally I say screw the big guy. They have enough money already." [more inside]
posted by kliuless on Jun 16, 2016 - 61 comments

Everybody Into the Pool?

On Wednesday, The New York City Parks Department decided to continue allowing women-only swimming hours at a public indoor pool in Williamsburg, a heavily Hasidic neighborhood in Brooklyn. An anonymous complaint had previously led the city’s Commission on Human Rights to notify the parks department that the policy violated the law, but supporters of the women's only hours state that disbanding 'Women's Swim' "would be akin to banning Hasidic women from the pool altogether."
posted by roomthreeseventeen on Jun 3, 2016 - 354 comments

An API is like a menu

Google prevails over Oracle: APIs are copyrightable but Android is fair use, jury says
posted by Monochrome on May 26, 2016 - 74 comments

Tree Law is a Gnarly, Twisted Branch of the Legal System

“I thought, as most lawyers do when they get their first tree case: ‘How hard can it be?’” [more inside]
posted by bq on May 25, 2016 - 37 comments

If they don't own the press, they will destroy it.

Billionaire libertarian Peter Thiel is the formerly anonymous money-man behind Hulk Hogan's lawsuit against Gawker.
posted by T.D. Strange on May 25, 2016 - 211 comments

Sapiens 2.0: Homo Deus?

In his follow-up to Sapiens, Yuval Noah Harari envisions what a 'useless class' of humans might look like as AI advances and spreads - "I'm aware that these kinds of forecasts have been around for at least 200 years, from the beginning of the Industrial Revolution, and they never came true so far. It's basically the boy who cried wolf, but in the original story of the boy who cried wolf, in the end, the wolf actually comes, and I think that is true this time." [more inside]
posted by kliuless on May 24, 2016 - 23 comments

The pinnacle of home entertainment: Cop Rock DVD set released

Your long wait is over. Public service announcement: as of Tuesday, you can finally own Cop Rock on a triple DVD box. NYT: Sometimes “worst” is a misnomer for “ahead of its time.” On Tuesday Shout! Factory releases “Cop Rock: The Complete Series,” a three-disc package that provides a chance to revisit this TV curiosity. Watching the 11 episodes — the original 16-episode order was truncated when the show didn’t generate ratings — is fascinating, and not always in a train wreck way. When “Cop Rock” worked, though that was only intermittently, it worked quite well. Previously.
posted by porn in the woods on May 19, 2016 - 23 comments

Beach Bully Bingo

"As The Encyclopedia of Surfing also points out: "Visiting surfers since the early 1970s have had rocks thrown at them while walking down the cliffside Lunada trail, and returned from the water to find their car windows broken and their tires slashed — the work of local surfers, the sons of millionaires, determined to keep their break free of outsiders." -- L.A. Weekly's Hillel Aron asks, Can a Cop, a Model and Two Lawyers Break a Surf Gang’s 45-Year Grip on Lunada Bay?
posted by Room 641-A on May 16, 2016 - 38 comments

Suvlu'taHvIS yapbe' HoS neH

Axanar is a planned feature film set within the Star Trek universe, following on the short film Prelude to Axanar. Paramount and CBS sued the film’s producers, alleging that the fan film infringes on the studios’ copyrights in Star Trek. Yesterday, the Language Creation Society filed an amicus brief (.pdf), written by Mark Randazza, in Paramount v. Axanar, to oppose Paramount’s claim of owning a copyright in the Klingon language.
posted by T.D. Strange on Apr 28, 2016 - 35 comments

It's not secular stagnation; it's financialization.

Elizabeth Warren has a great idea for making Tax Day less painful - "She's taking on TurboTax and other predatory companies." [more inside]
posted by kliuless on Apr 18, 2016 - 233 comments

"The judgment is affirmed by an equally divided Court."

In only the second case decided since the recent death of Justice Scalia, the United States Supreme Court today reached a decision [PDF] in the case of Friedrichs v. California Teachers Association, deadlocking in a four-to-four tie that upholds an earlier circuit court ruling finding agency fees for non-union teachers to be constitutional, but that sets no precedent for future cases. [more inside]
posted by cjelli on Mar 29, 2016 - 51 comments

Why it's getting harder to prosecute white collar crime.

"They also don’t really have the will. They’re really nervous about it, very trepidatious." Jesse Eisinger outlines why we're seeing fewer successful actions against corporate and white collar misdoings in the United States.
Highlighted is the Thompson memo of 2003. [more inside]
posted by doctornemo on Mar 24, 2016 - 27 comments

"A Discrimination Omnibus" in NC: LGBT rights, bathrooms, and more!

The North Carolina General Assembly held a special session today to limit the power of municipalities. House Bill 2 would eliminate every non-discrimination ordinance in North Carolina, including a recent decision in Charlotte to uphold individuals' freedom to use public restrooms according to their gender identity. [more inside]
posted by witchen on Mar 23, 2016 - 183 comments

"All agencies should adopt a presumption in favor of disclosure"

How the Obama Administration Killed FOIA Reform
posted by jeffburdges on Mar 10, 2016 - 7 comments

The List

When juveniles are found guilty of sexual misconduct, the sex-offender registry can be a life sentence.--Longform by Sarah Stillman in the New Yorker.
posted by MoonOrb on Mar 7, 2016 - 21 comments

Dawn Porter's Trapped documentary opens today

Dawn Porter's Trapped documentary about the effect of Targeted Regulation of Abortion Providers (TRAP) laws opens in NYC, LA and DC today, more theaters around the US next week. [more inside]
posted by morganw on Mar 4, 2016 - 7 comments

Golden Mountain Dim Sum

How U.S. Immigration Law Fueled A Chinese Restaurant Boom
posted by infini on Feb 28, 2016 - 11 comments

Cumulative and Compounding Opportunity Costs

How do you quantify the effects of things that don't happen to you? "The whole point of living in a culture is that much of the labor of perception and judgment is done for you, spread through media, and absorbed through an imperceptible process that has no single author." (previously; via)
posted by kliuless on Feb 27, 2016 - 2 comments

Is a Surrogate a Mother?

A battle over triplets raises difficult questions about the ethics of the surrogacy industry and the meaning of parenthood. (slSlate)
posted by crazy with stars on Feb 17, 2016 - 18 comments

as government-funded science dwindles

Meet the "rented white coats" who defend toxic chemicals: How corporate-funded research corrupts America's courts and regulatory agencies. [more inside]
posted by Rustic Etruscan on Feb 8, 2016 - 18 comments

How can everything have changed and nothing change at all?

A Colleague Drank My Breast Milk And Other Wall Street Tales I kept the conversation light. I shared a funny story about my first day on Wall Street, when I opened up a pizza box to find condoms instead of pepperoni slices. Unwrapped. I was “the new girl,” and the guys just wanted to see me blush. I did blush, and I lived. “It’s not that bad anymore,” I said with a laugh. [more inside]
posted by triggerfinger on Feb 3, 2016 - 41 comments

The "Guilty Mind" principle eliminates a lot of "crimes"

Everyone commits crimes. There are so many laws out there making what's relatively banal behavior criminal if looked at in that light. Apparently a longstanding legal principle tho has been the idea of a "guilty mind," which has gotten somewhat lost recently. The idea is that if you can't write a law where it's possible for a person to commit a crime without meaning to commit a crime. More in the link.
posted by BradyDale on Jan 30, 2016 - 43 comments

(non)Marriage Equality

Couple to begin court fight against ban on heterosexual civil partnerships Rebecca Steinfeld and Charles Keidan, who describe themselves as feminists and reject marriage as a “patriarchal” institution, will pursue their claim against the government’s equalities office on Tuesday. The case is being brought on the grounds that the refusal to allow them to participate in a civil partnership amounts to discrimination, breaching their right to family life under article 8 of the European convention on human rights. [more inside]
posted by modernnomad on Jan 21, 2016 - 35 comments

The privatization of the public continues apace

Yosemite to Rename Several Iconic Places - "The National Park Service said today it will rename many well-known spots in Yosemite, as part of an ongoing legal dispute with an outgoing concessionaire that has trademarked many names in the world-famous park."
posted by a lungful of dragon on Jan 17, 2016 - 60 comments

'...follow the law or you’re no better than the crook.'

Inside the Snitch Tank. After his arrest for the worst mass shooting in Orange County, CA history, Scott Dekraai poured out his feelings to a jailhouse informant. But instead of nailing down a death-penalty conviction against a confessed killer who was arrested with murder weapons in his car, the bugging of Dekraai’s cell touched off a legal storm over prosecutorial misconduct and the misuse of jailhouse informants which has delayed justice and drawn national attention. The Orange County Register has set up an extensive website to accompany their ongoing investigation and report.
posted by zarq on Jan 13, 2016 - 17 comments

Does free speech protect free riders?

Oral arguments were heard on Monday in Friedrichs v. California Teachers Association, a Supreme Court case in which the plaintiffs are attempting to invoke their First Amendment right to free speech to avoid being compelled to pay their share of the costs of union representation. Summarizing the oral arguments for SCOTUSblog, Amy Howe notes that "public-employee unions are likely very nervous, as the Court’s more conservative Justices appeared ready to overrule the Court’s 1977 decision in Abood v. Detroit Board of Education and strike down the fees." [more inside]
posted by tonycpsu on Jan 12, 2016 - 112 comments

"You’re a survivor now, not a victim."

Most American rapes go unreported and unpunished. In part because ideas about what constitutes a ‘‘real rape’’ still hinder investigations and prosecutions, and many police officers continue to read vulnerability as complicity. But there is another unacknowledged side to the investigation of sexual assault: the huge numbers of victims who are children or teenagers. New Haven, CT detectives estimate that more than 80 percent of their cases involve minors — a number only slightly higher than national statistics. Such cases are rarely reported immediately, which means that there is rarely any physical evidence to investigate. "To Catch a Rapist:" How New Haven's special-victims unit fights a hidden epidemic of sexual assault that is disturbingly difficult to investigate. (Some may find the descriptions and topics in this article disturbing or triggering.)
posted by zarq on Jan 8, 2016 - 24 comments

Safe and Unrestricted Access to Abortion

“To the world, I am an attorney who had an abortion, and, to myself, I am an attorney because I had an abortion." The Center for Reproductive Rights and law firm Paul Weiss submitted an amicus brief [pdf] to the U.S. Supreme Court signed by 113 attorneys, detailing the importance of abortion rights in their own lives. [more inside]
posted by melissasaurus on Jan 8, 2016 - 55 comments

“They knew this stuff was harmful, and they put it in the water anyway.”

In 1998, Rob Bilott, an environmental lawyer, took the case of Wilbur Tennant, a cattle farmer who believed DuPont chemical dumping was killing his livestock. Internal documents would reveal that DuPont had known for decades that the chemical—PFOA, used in the manufacture of Teflon—was highly toxic, connected to organ failure, birth defects, cancer, and more. DuPont decided to keep using it anyway. Factory workers were poisoned, as was the water supply of 70,000 people; the scale may be even greater, as “by 2003 the average concentration of PFOA in the blood of an adult American was four to five parts per billion”.
posted by spinda on Jan 8, 2016 - 30 comments

The Unseen Threat of Capital Mobility

For the Wealthiest, a Private Tax System That Saves Them Billions -"The very richest are able to quietly shape tax policy that will allow them to shield billions in income." (via) [more inside]
posted by kliuless on Jan 4, 2016 - 31 comments

Memory, Law, and Recording

Sci-Fi Author (and Metafilter's own) Charlie Stross has an interesting thought experiment: Could you get to a technological society without the use of writing? And if so, what would that look like?
posted by The Whelk on Jan 3, 2016 - 58 comments

Much of what we do in the law is guesswork

12 reasons to worry about our criminal justice system, by 9th Circuit Judge Alex Kozinski [PDF]
posted by T.D. Strange on Jan 1, 2016 - 16 comments

Heard it all before

Liss-Riordan is tired of hearing that labor laws should adapt to accommodate upstart tech companies, not the other way around: "Why should we tear apart laws that have been put in place over decades to help a $50 billion company like Uber at the expense of workers who are trying to pay their rent and feed their families?" -- Meet "Sledgehammer Shannon," the labor rights lawyer who took on Starbucks and FedEx, and now, Uber, in defense of their workers.
posted by Potomac Avenue on Dec 31, 2015 - 49 comments

Don't get caught tippling in the stable

Legal Curiosities: Fact or Fable? Among its other responsibilities, Britain's Law Commission works to repeal antiquated or irrelevant laws (NYT article) such as a 1536 law extending a London graveyard or the India Steam Ship Company Act 1838. The commission's "Legal Curiosities" note provides guidance as to which notorious "silly laws" are actually in force (actual example in force: it is illegal to be drunk in charge of a horse, and it is illegal to be drunk on licensed premises, both due to the Licensing Act 1872; not a real law in force: it is illegal for a lady to eat chocolate on a public conveyance.)
posted by andrewesque on Dec 15, 2015 - 49 comments

Wretched hive of scum and villainy, or jury of his peers?

The Legal Geeks discuss Han's legal justification for shooting Greedo first, via a link from The Mary Sue.
posted by bile and syntax on Dec 14, 2015 - 37 comments

“It involves my life, my legacy, my career, my history, my reputation.”

Alan Dershowitz on the Defense (His Own) by Barry Meier [The New York Times]
Last month, demonstrators at Johns Hopkins University interrupted Alan M. Dershowitz as he was giving a fiery speech defending Israel. The disruption normally would not have fazed Mr. Dershowitz, a former Harvard Law School professor who thrives on controversy and relishes taking on opponents in and out of the courtroom. The protesters, however, were not challenging his Middle East politics. Instead, they held up a sign reading, “You Are Rape Culture.” Mr. Dershowitz knew what it meant. A decade ago, he had defended a friend, a money manager named Jeffrey E. Epstein, after authorities in Palm Beach, Fla., found evidence indicating that he was paying underage girls to give him sexual massages. The lawyer led a scorched-earth attack on the girls and, with a team of high-priced lawyers, cut a plea deal for Mr. Epstein that the local police said was too lenient.
[more inside] posted by Fizz on Dec 13, 2015 - 80 comments

Understandably Cause for Alarm

Star Simpson, on the aftermath of the airport "bomb hoax" case, how her school failed her, and how MIT's new student law clinic could have helped. "I would have been grateful to ask questions of someone. Was I actually going to go to prison? What were my options? Should I, in the great American tradition, try to sue somebody? What would accepting a plea deal mean? Was it a good plea deal? Should I keep going with the case, instead? On top of having nobody to turn to, I was disallowed from talking about the case in public. Someone needed to make those decisions and I was completely on my own. Honestly I just wanted it all to be over, but that option was mostly unavailable. I just want you to consider for a moment asking the nearest 19-year-old with no prior interest in nor experience at all with the law for guidance on what to do with any court case. You can tell me how it goes." [more inside]
posted by j.r on Dec 10, 2015 - 52 comments

Can you own part of an asteroid?

How Asteroid Mining Is Changing Space Law

On November 24, President Obama signed the “US Commercial Space Law Competitiveness Act” into law. Among other things (like that the government should not pester SpaceX), it states that any US citizen who takes a chip off an old block of asteroid then owns that chip. [more inside]
posted by Johnny Wallflower on Dec 10, 2015 - 57 comments

Law is alive. Listen.

Life of the Law is a scrupulously fair podcast that tells stories and asks questions about the place where the law and everyday life intersects. As part of its commitment to making the law accessible, each episode comes with a full transcript. Life of the Law has covered a variety of topics ranging from pregnancy and motherhood in prison to rules about where cops can live to the hidden costs of traffic stops to the reason lawyer ads get so ridiculous. You learn useful tidbits, too, like the secret power of jury nullification and how difficult it is to legally sell weed in "legal" states. Not all the episodes are so weighty, though; Life of the Law has also been known to cover things like history of legal humor.
posted by sciatrix on Dec 3, 2015 - 14 comments

Leaked Documents Show Dothan Police Department Planted Drugs

The Henry Country Report has revealed leaked documents that show a narcotics team in Dothan, AL planted drugs on black men for years. The cases were prosecuted by Doug Valeska. All of the officers involved were in a local neo-confederate organization, and many of the targeted individuals remain in jail.
posted by hermanubis on Dec 1, 2015 - 85 comments

The £240 million kid

The story of Kane Robinson, the man who supposedly stole £240 million from the music industry. Kane Robinson was a kid who loved the web and the Arctic Monkeys. His music forum Dancing Jesus became the target of the largest anti-piracy case ever seen in the UK.
posted by jontyjago on Nov 25, 2015 - 5 comments

Suppose someone started an adults-only car wash…

In 1991, The Supreme Court heard Barnes v. Glen Theatre, Inc. (spoilers!) (Number 90-26), in which two strip clubs contented that laws against nude dancing violated their first amendment rights.
The oral argument (as recorded and transcribed at Oyez) is just as titter-inducing and thoughtful as you would expect a hypothetical-filled conversation between lawyers talking about nudity would be; it was later adapted verbatim into the play Arguendo.
posted by Going To Maine on Nov 15, 2015 - 10 comments

Suffer the Children

Suffer the Children: A long and heart-rending essay in The Monthly magazine about the Australian Family Law system's ugly response to allegations of child abuse in custody disputes. [more inside]
posted by Coaticass on Nov 13, 2015 - 26 comments

Arbitration Everywhere, Stacking the Deck of Justice

With a clause in complex contracts that few people read, corporations have insulated themselves from lawsuits and locked Americans into a system where arbitrators overwhelmingly favor business. (SLNYT)
posted by crazy with stars on Oct 31, 2015 - 27 comments

“Everyone calls us the Crook Islands now,” he said.

I was lucky that he merely threatened me. A journalist from Newsweek actually was deported from a different tax-haven island (Jersey) for her reporting there, and was banned from re-entering the island, or any part of the U.K., for nearly two years. Even though her story was unrelated to the financial-services industry, it was expected to bring negative publicity to the island, threatening its reputation as a place to do business. The message was therefore quashed by banishment of the messenger. The wealth-management industry does not mess around. Inside the Secretive World of Tax-Avoidance Experts.
posted by Rustic Etruscan on Oct 29, 2015 - 25 comments

The Color of Debt: How Collection Suits Squeeze Black Neighborhoods

The Color of Debt: How Collection Suits Squeeze Black Neighborhoods — a ProPublica investigation into racial disparities in debt collection lawsuits [more inside]
posted by tonycpsu on Oct 21, 2015 - 16 comments

Mother Jones wins suit against wealthy political donor

For three years, Mother Jones has been litigating a defamation suit over a piece that drew attention to the political activites of wealthy billionaire Frank VanderSloot. "This was not a dispute over a few words. It was a push, by a superrich businessman and donor, to wipe out news coverage that he disapproved of. Had he been successful, it would have been a chilling indicator that the 0.01 percent can control not only the financing of political campaigns, but also media coverage of those campaigns." [more inside]
posted by sciatrix on Oct 9, 2015 - 30 comments

"I am healthy, and I have a plan to stay that way.”

Dallas County district attorney Susan Hawk's life fell apart after she took office: divorce, depression and thoughts of suicide. After she fired some of her most experienced staff and amid allegations of erratic or unstable behavior, she vanished from public view in late July. Nine weeks later, she re-emerged to announce that she had undergone two months of treatment at a mental health facility for Major Depressive Disorder. She says she’s ready once again to serve. Is she up to the job? (Some links in this post discuss suicide / suicidal ideation. Some readers may find linked content disturbing.) [more inside]
posted by zarq on Oct 6, 2015 - 108 comments

CJEU Strikes Down Safe Harbour Data Sharing

Europe's top court, the Court of Justice of the European Union (CJEU), has struck down the 15-year-old Safe Harbour agreement that allowed the free flow of information between the US and EU.
posted by XtinaS on Oct 6, 2015 - 22 comments

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