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Rube Goldberg wept

A Republican panel of the D.C. Circuit has ruled [.pdf opinion] in the case of Halbig v. Burwell that a drafting error in the Affordable Care Act provides subsidies exclusively to state-based exchanges and not to federally-facilitated ones, even while subjectively intending to provide subsidies in both cases. The ruling threatens to take away federal subsidies for insurance sold on Obamacare exchanges in 36 states.
posted by T.D. Strange on Jul 22, 2014 - 103 comments

Greater Access for Down Syndrome Information

Pennsylvania Governor Tom Corbett is expected to sign Chloe's Law. Chloe's Law, or the Down Syndrome Prenatal Education Act, requires medical practitioners to provide up-to-date and accurate information about Down syndrome with the accompanying diagnosis. Similar laws were passed in Massachusetts and Kentucky. Why is this necessary? Ask a parent or two and you find out how most doctors aren't up to the task. Fortunately, there are parents who will help them out (if they would listen).
posted by plinth on Jul 18, 2014 - 91 comments

Reporting a Rape, and Wishing She Hadn't [SLNYT]

The New York Times examines the case of a student raped by football players at Hobart and William Smith Colleges. The colleges are under investigation by the Department of Education [Not Alone, previously] [more inside]
posted by MoonOrb on Jul 13, 2014 - 62 comments

Women, Pants, and the Backlash

Margaret Perry's review of Women in Pants provides an interesting overview of those women (in the Western world) who chose to wore pants in the 19th and early 20th centuries when the standard gender norm dictated dresses for girls and women. R.S. Fleming has a great collection of Victorian women-in-pants images, particularly in non-American military garb. See also: Welsh pit miners, women fighting in the US Civil War (and support-staff), this cattle thief/gunfighter, some cowgirls, and Dr. Mary Walker - here she is in more traditionally masculine dress (second picture). In France, the artist Rosa Bonheur had to get permission from the police to wear pants (picture) while sketching in public (her license), while adventurer/archaeologist Jane Dieulafoy got a lifetime exemption to wear pants from France. [more inside]
posted by julen on Jul 9, 2014 - 25 comments

"Another search warrant 'for pictures of his erect penis'"

A 17 year-old Virginia teenager who is under investigation for sending a consensual sext to his 15-year-old girlfriend may be forced to have an erection in front of police as evidence in the case. [more inside]
posted by porn in the woods on Jul 9, 2014 - 85 comments

Tsilhquot’in victory in the Supreme Court

On June 26, the Supreme Court of Canada ruled in favour of the Tsilhquot’in people in their title claim to more than 1700 square km of land in British Columbia. The case is a landmark, and was a unanimous decision, supported 8-0 by the justices. The decision, is the first time the Canadian courts have recognized full aboriginal title to a specific tract of land by, and experts in the field expect the ruling to have an impact on future title questions worldwide (from Vancouver Island to New Zealand, or, one might say, from PKOLS to Aotearoa) [more inside]
posted by chapps on Jul 8, 2014 - 37 comments

The Patron Saint of Defense Attorneys

Ted Kaczynski. Jared Lee Loughner. Eric Rudolph. Susan Smith. And now, Dzhokhar Tsarnaev. They all stood (or stand) accused of committing heinous crimes. They all faced (or face) the death penalty. And they all have something- or rather, someone- else in common. [more inside]
posted by showbiz_liz on Jul 1, 2014 - 17 comments

The Founding Fathers Would Have Protected Your Smartphone

The Supreme Court has unanimously reversed (large PDF) the California Court of Appeals in Riley v. California, deciding that police cannot search the contents of a phone without a warrant during an arrest, and that "the fact that technology now allows an individual to carry such information in his hand does not make the information any less worthy of the protection for which the Founders fought." [more inside]
posted by roomthreeseventeen on Jun 25, 2014 - 57 comments

pestilence is from the devil.

A federal judge in New York has ruled against a group of parents who had filed a lawsuit, asserting that the New York City policy that allows schools to ban unvaccinated kids from attending classes when another child has come down with a vaccine preventable illness infringed on their practice of religion. The decision cites Jacobson v. Massachusetts, 197 U.S. 11 (1905), where the SCOTUS upheld Cambridge, Mass, Board of Health’s authority to require vaccination against smallpox during a smallpox epidemic.
posted by roomthreeseventeen on Jun 23, 2014 - 88 comments

Eigendemocracy: crowd-sourced deliberative democracy

Scott Aaronson on building a 'PageRank' for (eigen)morality and (eigen)trust - "Now, would those with axes to grind try to subvert such a system the instant it went online? Certainly. For example, I assume that millions of people would rate Conservapedia as a more trustworthy source than Wikipedia—and would rate other people who had done so as, themselves, trustworthy sources, while rating as untrustworthy anyone who called Conservapedia untrustworthy. So there would arise a parallel world of trust and consensus and 'expertise', mutually-reinforcing yet nearly disjoint from the world of the real. But here's the thing: anyone would be able to see, with the click of a mouse, the extent to which this parallel world had diverged from the real one." [more inside]
posted by kliuless on Jun 23, 2014 - 45 comments

Corporations are people too, my friends. Special, unaccountable people.

How corporations became people you can't sue.
posted by T.D. Strange on Jun 15, 2014 - 75 comments

The theatre appeared in the crime section more than the arts section ...

Bloodletters and Bad Actors Mefi's Own Max Sparber looks at the early days of Omaha theater, back when it was a frontier town, its amusements were questionable, and vice was rampant, with occasional forays into more recent performing arts misbehavior. [via mefi projects]
posted by The Whelk on Jun 11, 2014 - 4 comments

Problem solved!

After the Supreme Court of Canada struck down Canadian prostitution laws (previously), the Conservative Party has introduced new measures that would legalize the sale of sex, but that also criminalize the purchase of sex or soliciting in public, print or online. [more inside]
posted by Reversible Diamond-Encrusted Ermine Codpiece on Jun 4, 2014 - 39 comments

Weekend at Sri Ashutosh's

Indian court asked to rule on whether Hindu guru dead or meditating: Since January 29 of this year, Sri Ashutosh Maharaj, founder of the Divya Jyoti Jagrati Sansthan religious sect, has been residing in a freezer in his ashram in Punjab. His followers claim he is in a "deep meditative state (samadhi)." Doctors, however, have declared Maharaj clinically dead and his family have sued to have his death be investigated and to have his body released for cremation. The guru's son also alleges that Maharaj was murdered and that his followers are trying to gain control of his estate, said to be worth $170 million. While traditional yogis have claimed extraordinary powers, including the power to stop one's heart, the evidence for these claims has been lacking.
posted by Cash4Lead on Jun 2, 2014 - 37 comments

Can we do that there? Be that here? Check Equaldex.

Equaldex: the collaborative LGBT knowledgebase! A crowd-sourced, verified, beautifully presented representation of equal rights (and how they are specifically denied) for LGBT folks. [via reddit]
posted by batmonkey on May 13, 2014 - 7 comments

McCarthyism is alive and well - and it's in the Immigration department.

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.
posted by divabat on May 4, 2014 - 38 comments

Her Majesty's High Court of Chivalry of England and Wales

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]
posted by jedicus on Apr 27, 2014 - 21 comments

Resegregation in the American South

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]
posted by zarq on Apr 17, 2014 - 90 comments

In sickness and in health...

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."
posted by HuronBob on Apr 17, 2014 - 27 comments

The Ghost in MIT

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.
posted by Cash4Lead on Mar 31, 2014 - 53 comments

"I am honor-bound to protect you, brother."

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."
posted by homunculus on Mar 27, 2014 - 26 comments

What really happened at the lake that night?

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]
posted by zarq on Mar 19, 2014 - 18 comments

Guilt by Association

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.
posted by T.D. Strange on Mar 7, 2014 - 50 comments

"Did I mention I'm Jewish?"

Daniel Muessig wants to be your criminal defence lawyer.
posted by alby on Mar 6, 2014 - 28 comments

The Box

Twilight in the Box. "The suicide statistics, the squalor and the recidivism haven’t ended solitary confinement. Maybe the brain studies will." [Via]
posted by homunculus on Feb 28, 2014 - 24 comments

"Sex workers have the same human rights as other workers"

A sex worker has been awarded $25,000 as compensation for sexual harassment from her manager. [more inside]
posted by Lemurrhea on Feb 28, 2014 - 22 comments

Scalia: the unlikely hero of gay rights

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.
posted by shivohum on Feb 15, 2014 - 29 comments

I wasn't impressed

"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]
posted by roomthreeseventeen on Feb 12, 2014 - 86 comments

suing to abolish tenure for teachers in California

"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]
posted by d. z. wang on Feb 1, 2014 - 237 comments

"Nothing. You're screwed."

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]
posted by zarq on Jan 27, 2014 - 39 comments

Wash down those pretzels with a big frosty mug of anecdata

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.
posted by Cash4Lead on Jan 26, 2014 - 73 comments

“We have wish to stay in the sky, not here. Not on Earth,”

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.
posted by orangutan on Jan 24, 2014 - 11 comments

We hold that heightened scrutiny applies

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.
posted by roomthreeseventeen on Jan 21, 2014 - 34 comments

Am I being detained? Am I free to go?

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]
posted by modernnomad on Jan 20, 2014 - 168 comments

Shakedown on the Hudson

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.
posted by East Manitoba Regional Junior Kabaddi Champion '94 on Jan 18, 2014 - 118 comments

AUMF

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]
posted by homunculus on Jan 17, 2014 - 23 comments

"Counsel, you are not reading this, are you?"

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]
posted by roomthreeseventeen on Jan 17, 2014 - 76 comments

"Even to observe neutrality, you must have a strong government."

Court strikes down FCC's net neutrality rules
posted by Blazecock Pileon on Jan 14, 2014 - 139 comments

Aaron Swartz

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]
posted by homunculus on Jan 5, 2014 - 32 comments

Liberty, Up In Smoke?

"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]
posted by Potomac Avenue on Jan 1, 2014 - 201 comments

"congress shrugged"

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.
posted by divabat on Dec 31, 2013 - 38 comments

SCC Strikes Down Prostitution Laws

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]
posted by modernnomad on Dec 20, 2013 - 39 comments

A GRAT Idea Whose Time Has Come

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.
posted by reenum on Dec 19, 2013 - 22 comments

New Mexico Fully Legalizes Same-Sex Marriage

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]
posted by jedicus on Dec 19, 2013 - 59 comments

a judicial psychoanalysis of a drafter’s heart of hearts

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."
posted by Sticherbeast on Dec 13, 2013 - 4 comments

"It is up to Parliament to legislate on this issue"

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.
posted by ossian on Dec 12, 2013 - 46 comments

In The Jungle

"Mbube", a song that morphed into "The Lion Sleeps Tonight", illustrates the convoluted legalities surrounding music publishing rights and payments.
posted by reenum on Dec 11, 2013 - 19 comments

"[O]ne of the more egregious failures of the criminal justice system..."

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."
posted by jayder on Dec 5, 2013 - 28 comments

"His crime: having sex without first disclosing he had HIV."

BuzzFeed and ProPublica report: How An HIV-Positive Man Was Sent To Prison For Having Sex — With A Condom [more inside]
posted by roomthreeseventeen on Dec 4, 2013 - 215 comments

Captain Justice

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."'
posted by caddis on Nov 3, 2013 - 24 comments

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