Today, on the last day of this year's term, the Supreme Court of the United States issued its opinion in Ricci v. DeStefano, the latest in the Court's line of decisions on Title VII and the role of race in employment decisions. The famous case centers on white firefighters' claims of race discrimination following the town of New Haven's decision to scuttle a promotion exam after white test takers performed disproportionately better than black firefighters. [more inside]
posted by Law Talkin' Guy on Jun 29, 2009 - 88 comments

The Readers of Boing Boing interview Michael Moorcock
posted by Artw on Jun 18, 2009 - 42 comments

NSA E-Mail Surveillance Renews Concerns in Congress. "Since April, when it was disclosed that the intercepts of some private communications of Americans went beyond legal limits in late 2008 and early 2009, several Congressional committees have been investigating. Those inquiries have led to concerns in Congress about the agency’s ability to collect and read domestic e-mail messages of Americans on a widespread basis, officials said. Supporting that conclusion is the account of a former N.S.A. analyst who, in a series of interviews, described being trained in 2005 for a program in which the agency routinely examined large volumes of Americans’ e-mail messages without court warrants. Two intelligence officials confirmed that the program was still in operation." [Via]
posted by homunculus on Jun 17, 2009 - 41 comments

The Secret History: Can Leon Panetta move the C.I.A. forward without confronting its past?
posted by homunculus on Jun 14, 2009 - 42 comments

After rejecting then passing a bill on same-sex marriage, New Hampshire's governor today signed the bill into law. [more inside]
posted by kaibutsu on Jun 3, 2009 - 100 comments

An incredibly long, ten-day (so far) discussion in response to a letter to the editor in regard to "'God's law' and homosexuality" from an East Tennessee newspaper.
posted by pwedza on Jun 2, 2009 - 36 comments

In a case reminiscent of Bernard Goetz, pharmacist Jerome Ersland was held up by two gun-wielding men, shot one of them in the head, and then, when the other had left, shot the prone man several more times, killing him (store security video). Now he's being charged with first-degree murder, and is the center of intense controversy about whether he engaged in legitimate self-defense by making absolutely sure his attacker was incapacitated or in an unjustifiable vigilante-style execution. Complicating matters is the fact that Jerome is white and the robbers black.
posted by shivohum on May 30, 2009 - 178 comments

Distinguished Professor of Law and the director of the Center for Terrorism Law at St. Mary’s University School of Law, Jeffrey Addicott, tells The Jurist: "Even the worst of the CIA techniques that were authorized – waterboarding - would not constitute torture."
posted by Marisa Stole the Precious Thing on May 28, 2009 - 112 comments

Christopher Handley has pleaded guilty to Possessing Obscene Visual Representations of the Sexual Abuse of Children. He faces a maximum of 15 years in prison, a maximum fine of $250,000, and a three-year term of supervised release. What Handey was arrested for was not child pornography, however, but Japanese Manga. Previously on MetaFilter. [more inside]
posted by Shepherd on May 22, 2009 - 79 comments

Prelude to Federation - Like a neocolonial SEZ (or TAZ) Paul Romer, not to be confused with David, posits "less developed countries contract with capitalist nations to set up Hong Kong's for them... that we rethink sovereignty (respect borders, but maybe import administrative control); rethink citizenship (support residency, but maybe import voice in political affairs); and rethink scale (instead of focusing on nations, focus on cities—on city states like Hong Kong and Singapore)." cf. neocameralism [1, 2, 3] [more inside]
posted by kliuless on May 21, 2009 - 16 comments

In his latest national security speech, President Obama unequivocally reaffirms his commitment to closing GITMO. President Obama's strong statements reaffirming his administration's commitment to cleaning up the legal and ethical mess the Bush administration left behind comes just after congressional Democrats recently saw fit to capitulate to the Republican minority by defunding President Obama's efforts to close GITMO, ostensibly to ensure that President Obama proceeds prudently and avoids setting the terrorists loose on America's strip malls. But others interpret these latest maneuvers from the "weak-kneed" congressional Dems as reflecting a sudden acute case of the political jitters, pointing out that, despite all the fearful talk of the imminent dangers of possible terrorists being held and tried on American soil, it's not as though we haven't done it before. [more inside]
posted by saulgoodman on May 21, 2009 - 176 comments

The Obama administration has repeatedly threatened to conceal future information of terrorist threats from the British government, unless the British government disobeys the High Court ruling requiring them to release information about the US government's acknowledged torture program. This may be a breach of the Convention Against Torture. Glenn Greenwald has new evidence. Previously.
posted by East Manitoba Regional Junior Kabaddi Champion '94 on May 12, 2009 - 282 comments

Maira Kalman, illustrator, author, artist, and designer, visited the United States Supreme Court. She recounts her experience and shares her reflections in this wonderfully illustrated blog.
posted by New Frontier on Apr 26, 2009 - 9 comments

Legislation has been introduced in the U.S. Congress to repeal mandatory minimum sentences associated with drug offenses. If passed, the federal government would join eighteen other states in abandoning the "tough on crime" stance of the 1980's when it comes to drug offenders. State reforms include including New York's legislative repeal of the Rockefeller Drug Laws, Michigan's repeal of 650 lifer sentencing, North Dakota's repeal of one-year mandatory minimum sentences for first-time drug offenders, Arizona's Proposition 200, which required probation and treatment for nonviolent drug offenders, Louisiana's decision to restore eligibility for parole and probation to nonviolent offenders, and the Kansas Sentencing Commission's recommendation for mandatory treatment for nonviolent offenders. [more inside]
posted by Law Talkin' Guy on Apr 26, 2009 - 46 comments

Ting-Yi Oei is an assistant principal in Virginia who was indicted for possession of child pornography. Today, he describes his year-long fight against the charges, which ended in dismissal.
posted by palliser on Apr 19, 2009 - 59 comments

More brazen than Madoff? Former NYC hotshot attorney Marc Dreier (he of the now-defunct vanity firm), was arrested in Canada in late 2008, charged with spearheading an occasionally daring series of frauds. [more inside]
posted by Inspector.Gadget on Apr 5, 2009 - 16 comments

The SSD Project. "The Electronic Frontier Foundation (EFF) has created this Surveillance Self-Defense site to educate the American public about the law and technology of government surveillance in the United States, providing the information and tools necessary to evaluate the threat of surveillance and take appropriate steps to defend against it." [Via]
posted by homunculus on Mar 3, 2009 - 12 comments

The Obama Justice Department has released nine legal memos from the Bush administration that assert broad extra-Constitutional powers for the president. The memos assert that both the First and Fourth Amendments may be subordinated to the needs of wartime. [more inside]
posted by EarBucket on Mar 2, 2009 - 81 comments

A Visitor's Guide to Hell - A translation of the Chinese version of what happens to the human soul after death [with some illustrations]. [more inside]
posted by tellurian on Feb 26, 2009 - 34 comments

Awakening on a mattress atop a wooden slab, the bare walls of your 7' x 12' cell come into focus, illuminated by the constant glare of an overhead light. Through the narrow window in the back of your cell, you can peer out into the prison yard. In the window in the reinforced steel door, you can catch an occasional glimpse of a prison guard as they bring your meals, usually the only interruption of the silence and isolation that pervade your living conditions. Those walls are the boundaries of your world for 23 hours a day in the Departmental Disciplinary Unit-- the supermax prison maintained in Walpole, Massachusetts, one of dozens of such institutions currently operated in the United States, in spite of growing outcry based on human rights violations. [more inside]
posted by Law Talkin' Guy on Feb 15, 2009 - 94 comments

How About Some Sexual Harassment With Your Mozzarella Sticks?
posted by expriest on Feb 9, 2009 - 98 comments

Extreme pornography illegal in Britain since Monday, 26 January, thanks to the Criminal Justice and Immigration Act 2008. Aside from changes to custodial sentencing guidelines (and early release guidelines to ease overcrowding), the most controversial aspect of the law relates to the legal definition of extreme pornography. An image is deemed to be extreme if it "is grossly offensive, disgusting or otherwise of an obscene character" and "it portrays in an explicit and realistic way, any of the following (a) an act which threatens a person’s life, (b) an act which results, or is likely to result, in serious injury to a person’s anus, breasts or genitals (c) an act which involves sexual interference with a human corpse (d) a person performing an act of intercourse or oral sex with an animal (whether dead or alive) BDSM groups, among others, have campaigned and protested against the law. Aside from concerns about the legality of kink, some have pointed out that some comics and graphic novels would also fall afoul of the new law.
posted by Grrlscout on Jan 29, 2009 - 87 comments

(Some links NSFW) Any down on their luck stoner is familiar with so called, "legal bud" Herbs of all kinds have been marketed online to the connectionless or legally restricted that offered a marijuana like high without the legal consequences. Everyone knows they are all scams. It might surprise you, that some were not. Commonly sold under the names Spice or Zohai, mixtures of herbs sprayed with synthetic cannabinoid substances such as HU-210 or JWH-018 have been available online for at least the past four years. [more inside]
posted by furiousxgeorge on Jan 25, 2009 - 53 comments

"[A]lthough it is true that someone who copies a digital version of a sound recording has little incentive to purchase the recording through legitimate means, it does not necessarily follow that the downloader would have made a legitimate purchase if the recording had not been available for free," said US District court Judge James P. Jones, in response to the RIAA's request for restitution against the former admin of Elite Torrents, Daniel Dove, who has already been found guilty of conspiracy and felony copyright infringement. [more inside]
posted by Marisa Stole the Precious Thing on Jan 21, 2009 - 110 comments

In 2003 a school official ordered that a student be searched for the substance known as 2-[4-(2-methylpropyl)phenyl]propanoic acid. The case has now made its way to the United States Supreme Court. [more inside]
posted by mullingitover on Jan 16, 2009 - 99 comments

Future Imperfect. David Friedman gives a wonderfully discursive talk on future technology and the law at Google.
posted by empath on Jan 15, 2009 - 3 comments

A really useful legal help resource at e-Justice blog: 100 Free DIY Legal Resources on the Web includes The Attorneys Forum, free legal advice and support from professional attorneys, lawyers, and law firms nationwide. The archives include: How to Prepare for a Financial Apocalypse: 100 Tips and Tools to Secure What’s Yours l Top 50 Internet & Digital Law Blogs l World Watchdogs: Top 50 Human Rights Blogs l The Ultimate Guide to Brazilian Jiu-Jitsu- 101 Resources to Help Anyone Learn the Gentle Art. [more inside]
posted by nickyskye on Jan 13, 2009 - 19 comments

Bringing Justice to the War on Terrorism. 3 views on how the incoming administration should deal with the legal legacy of Bush Administration policies like torture, surveillance, and extraordinary rendition. Charles Fried makes the case against criminal prosecutions, Dahlia Lithwick makes the case for investigations followed by prosecutions, and Jack Balkin argues for truth commissions. [Via]
posted by homunculus on Jan 11, 2009 - 80 comments

Salon has an article up which is a pretty solid summary of why marijuana is illegal.
posted by Pope Guilty on Jan 7, 2009 - 116 comments

Though you'd think it's as old as humanity itself, Murphy's Law is only just turning sixty this year. Happy 60th, Murph!
posted by flapjax at midnite on Jan 5, 2009 - 38 comments

Closing Guantánamo: A forum on what to do with detainees.
posted by homunculus on Dec 30, 2008 - 18 comments

Tortured Reasoning. "George W. Bush defended harsh interrogations by pointing to intelligence breakthroughs, but a surprising number of counterterrorist officials say that, apart from being wrong, torture just doesn’t work. Delving into two high-profile cases, the author exposes the tactical costs of prisoner abuse."
posted by homunculus on Dec 18, 2008 - 82 comments

The Fed Who Blew the Whistle: Is he a hero or a criminal? Three years after the New York Times first revealed the NSA's warrantless wiretapping program, whistleblower Thomas Tamm has acknowledged his role in making it public. [Via]
posted by homunculus on Dec 16, 2008 - 51 comments

Further to the cover up and the initial claims the jury has reached a verdict in the De Menezes inquest. [more inside]
posted by fistynuts on Dec 12, 2008 - 22 comments

Facebook and the Social Dynamics of Privacy (coming soon to the Iowa Law Review), by James Grimmelmann (law professor, programmer, MeFi's own grimmelm, and Level 1 Ensign Zombie): just in time for Facebook Connect and Google Friend Connect, Grimmelmann suggests we rethink what privacy means both in legal terms and how that impacts social networks and their users. (Previously) [more inside]
posted by ahughey on Dec 8, 2008 - 39 comments

Some of you might know the story of Heidi Erickson, better known to most as the Beacon Hill Cat Lady. After being evicted from her Boston apartment upon the discovery of over 100 cats, some alive, more dead, in her home, Erickson soon took up residence in a Watertown apartment. The saga soon played itself out again. [more inside]
posted by Law Talkin' Guy on Dec 3, 2008 - 31 comments

With that meeting, Mr. Allo took his first step into an intricate trap. The deeply strange tale of one very determined woman's quest to overturn her son's conviction for murder.
posted by digaman on Nov 29, 2008 - 57 comments

"Lawless Lands": Michael Riley, writing in the Denver Post, investigates the dysfunctional state of law enforcement on Native American reservations, and the shocking consequences for crime victims. Bill Moyer's Journal has followed up with an excellent documentary expose entitled "Broken Justice." [more inside]
posted by fourcheesemac on Nov 15, 2008 - 22 comments

The current FCC case [PDF] before the U.S. Supreme Court presents a fascinating dilemma for the judges: how do you respectfully discuss the legality of profane words in the nation's highest court? And for reporters: how do you report on the specifics of the case? It seems decisions vary across publications: NYT, Washington Post (reg req), LA Times, Wall Street Journal, Slate, The Atlantic, Bloomberg, AP, McClatchy. As for the judges themselves, they opted to allow only substitute terms. PDF transcript with word count at bottom. Background.
posted by Tehanu on Nov 6, 2008 - 26 comments

The case against God brought by Ernie Chambers (previously on MeFi) has been thrown out. (title via News Now Network, although I added a capital H.)
posted by homelystar on Oct 16, 2008 - 22 comments

"Torturing Democracy" is a new documentary which details how the government set aside the rule of law in its pursuit of harsh interrogations of suspected terrorists. You can watch it online or on some PBS affiliates, but PBS won't run it nationally until January 21, 2009. Scott Horton suspects that may be because PBS is afraid of political retaliation. [Via]
posted by homunculus on Oct 16, 2008 - 23 comments

The Stakes, 2008. Eight of the Washington Monthly's contributing editors "consider the looming challenges that America is likely to face—in the economy, education, the courts, and other areas—during an Obama or McCain presidency, and how, based on what we know about the two men, they are likely to handle them." [more inside]
posted by homunculus on Oct 14, 2008 - 25 comments

Federal Rules of Civil Procedure Rap, by the Notorious B.O.A.L.T. (audio NSFW) [more inside]
posted by Navelgazer on Oct 9, 2008 - 17 comments

As dollar flounders, inmates stack mackerel
posted by East Manitoba Regional Junior Kabaddi Champion '94 on Oct 2, 2008 - 70 comments

Worried about social-network data mining? Facebook hires Ted Ullyot, former right-hand man to former Attorney General Alberto Gonzales, as its general counsel. Tapping Ullyot, who worked on the infamous torture memo and other illustrious projects, is a sign that the burgeoning Scrabble platform "is a little more grown-up," says Facebook public-policy VP Elliot Schrage.
posted by digaman on Sep 30, 2008 - 40 comments

When Judges Make Foreign Policy. "In a globalized, post-9/11 age, decisions made by the Supreme Court are increasingly shaping America's international relations. When the next justice is appointed, our place in the world may well hang in the balance."
posted by homunculus on Sep 29, 2008 - 11 comments

"Beginning in October, the Army plans to station an active unit inside the United States for the first time..." (SLthisisveryscaryYT)
posted by allkindsoftime on Sep 24, 2008 - 170 comments

Psychology Group Changes Policy on Interrogations. The American Psychological Association has adopted a measure prohibiting its members from participating in interrogations of terrorism suspects at Guantanamo Bay and other military prisons where detainees have been tortured (previously). [Via Paper Chase]
posted by homunculus on Sep 20, 2008 - 36 comments

Remember Jeffrey Deskovic? (If not, spend a minute browsing the links on the previous thread first). He just wrote an interesting position piece on what can be done to make sure that what happens to him doesn't happen to others.
posted by allkindsoftime on Sep 16, 2008 - 13 comments

Presidential Crimes: Moving on is not an option. "In deciding about legal redress, we need to be clear about the large stakes in our decision. The very multiplicity of the apparent crimes, the sheer array of arguably broken laws, is dizzying. But that multiplicity must be faced, for in it we will see that what got in President Bush’s way was not any one law but the rule of law itself. It is the rule of law that has been put in jeopardy by a project of executive domination; it is the rule of law that will continue to be in peril; and it is only, therefore, by addressing the crimes through legal instruments—through a formal, legal arena, and not simply through the electoral repudiation of bad policy—that the grave and widespread damage stands a chance of being repaired."
posted by homunculus on Sep 8, 2008 - 96 comments