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]
posted by roomthreeseventeen
on Oct 8, 2013 -
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]
posted by zarq
on Oct 6, 2013 -
Full opinion (dissent at page 33):
In what is arguably the most important criminal procedure case the Supreme Court has decided in decades, the Court today announced its 5-4 holding in Maryland v. King.
The majority opinion, authored by Justice Kennedy, held that the 4th Amendment allows states to collect and analyze DNA from people arrested (but not convicted) of serious crimes.
posted by eenagy
on Jun 3, 2013 -
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 -
"When legal teams need to prove or disprove the authorship of key texts, they call in the forensic linguists. Scholars in the field have tackled the disputed origins of some prestigious works, from Shakespearean sonnets to the Federalist Papers."
Decoding Your E-Mail Personality
Ben Zimmer, of Language Log discusses the Facebook case and forensic linguistics
in the NY Times. [more inside]
posted by iamkimiam
on Aug 2, 2011 -
What is a photocopier?
Ten pages of Ohio Supreme Court testimony where a Cuyahoga County, Ohio, office worker deliberately tries to muddy the waters in a deposition. Hilarity ensues. "If you don't know what that means in an office setting, please tell the court you don't know what it means in an office setting to have a photocopying machine."
posted by Cool Papa Bell
on Mar 18, 2011 -
Today, June 28, 2010, marks the last day of the 2009-10 session of the Supreme Court of the United States. This day will mark a number of historical events
, not only in terms of the cases to be handed down. [more inside]
posted by valkyryn
on Jun 28, 2010 -
is a Spanish judge known for his cases on human right abuses by south american dictatorships under international law, specially the case
against Augusto Pinochet. Now, after admitting a case against abuses during Franco's Era, he is facing accusations by extreme right groups
of deliberately ignoring the Amnesty Law of 1977, possibly questionable under the same universal jurisdiction that gained him international renown. In a controversial decision, the case has been admitted
by the Spanish Supreme Court, and so Garzón is facing the possibility of up to 20 years of suspension. [more inside]
posted by valdesm
on Apr 14, 2010 -
A Magistrate Judge in the U.S. District Court in Vermont has ruled that a man allegedly caught with child pornography on his laptop need not reveal his PGP password (yes, authorities shut down the laptop and now can't get at the alleged porn) pursuant to the Fifth Amendment's protections against self incrimination. The decision is here
[PDF]. A decent write-up (from CNET of all places) is here
. This appears to be the first decision ever to directly address this issue, and many commentators had thought it would come out differently. The major question is whether revealing one's PGP key is "testimonial" or not. According to the Supreme Court
, giving up fingerprints or blood samples isn't, nor is standing for a lineup, nor is handing over the key to a safe, but if it's combination
safe, well maybe that's different
. Never let it be said that your Fifth Amendment rights are easy.
posted by The Bellman
on Dec 15, 2007 -
A very big day for the Supreme Court. In Morse v. Fredrick
, the Court ruled that a school could suspend a child for holding up a "Bong HiTs for Jesus" banner. (Previous post here
). In Hein v. Freedom from Religion
, the Court held that taxpayers lacked standing to challenged Faith Based Initiatives (previous discussions
). In Wilke v. Robbins
, the Court held that land owners do not have Bivens claims if the federal government harasses landowners for easements. In FEC v. Wisconsin Right to Life
, the Court held that the portion of the campaign finance law which had blackout periods before elections on issue advocacy advertising was an unconstitutional restriction of speech (other
). This Thursday, the Justices will deliver their last opinions of the term, including a death penalty case
and the school assignment cases
. (Opinions are .pdfs)
posted by dios
on Jun 25, 2007 -
Bradshaw v. Unity Marine Corp., Inc. (147 F.Supp.2d 668) "Both attorneys have obviously entered into a secret pact--complete with hats, handshakes and cryptic words--to draft their pleadings entirely in crayon on the back sides of gravy-stained paper place mats, in the hope that the Court would be so charmed by their child-like efforts that their utter dearth of legal authorities in their briefing would go unnoticed. Whatever actually occurred, the Court is now faced with the daunting task of deciphering their submissions. With Big Chief tablet readied, thick black pencil in hand, and a devil-may-care laugh in the face of death, life on the razor's edge sense of exhilaration, the Court begins."
posted by Kat Allison
on Jul 14, 2006 -
The Supreme Court's Big Day
The court chose not to review the controversy surrounding "reporter's privilege"
in withholding the names of confidential sources; meaning reporters may continue to be jailed or fined for refusing to name sources in court.
, the Court decided 6-3
that cable providers did not have to allow competitors to access their lines (the way DSL companies do). FCC opponents had been hopeful the Court would find the other way, opening new markets for competition and service options.
The Court ruled one of two
Ten Commandment displays are unconstitutional. The decalogue display on a courthouse wall in Kentucky was found 5-4
to be an unconstitutional endorsement of religion because it was serving a religious purpose. However, the Ten Commandments display on the grounds of Texas' state capitol were found to be constitutional.
The Court finally decided the MGM v Grokster case
. The Court found unanimously
that the file sharing service can be held liable
for the copyright infringement of their users.
posted by falconred
on Jun 27, 2005 -
Only in 1967 did Loving v. Virginia
overturn vigorously-enforced laws against interracial marriage in these 15 states--Alabama, Arkansas, Delaware, Florida, Georgia, Kentucky, Louisiana, Mississippi, Missouri, North Carolina, Oklahoma, South Carolina, Tennessee, Texas, Virginia, and West Virginia. Only in 1964 did the Civil Rights Act
overturn laws against equal access to voting, public accommodation, and public education. Only in 1963 did the Equal Pay Act
mandate that men and women be paid the same wage for the same work at the same job.
isn't a superhighway, leading us in straight lines toward utopia. We fall back
and we move forward
, but over the past fifty years, the United States has become considerably more inclusive and equality of access to opportunity has widened. Take a look at this article
from the Atlantic Monthly
in 1956--1956!--if you don't believe me.
posted by Sidhedevil
on Nov 4, 2004 -
Is forcing a prisoner on death row to take antipsychotic medication to make him sane enough to execute cruel and unusual punishment? (NYT link)
A federal appeals court ruled that officials in Arkansas can force a prisoner on death row to take antipsychotic medication to make him sane enough to execute. The problem is that the American Medical Association's ethical guidelines prohibits precisely that.
To make the case more surreal, a representative of the Arkansas attorney general's office who argued for the state later said: "The ethical decisions involving doctors are difficult ones, but they are not ones for the courts". Does this mean that COs -Correction Officers- are to figure out for themselves which medication to administer? Do they also call the shots when deciding if the "waiting" patient is sane enough???
posted by magullo
on Feb 11, 2003 -
This is some scary stuff
Life in prison for malicious hacking? We can't keep rapists and murderers away from society for very long but now hackers & crackers could be jailed for life? And on top of that the FBI can monitor internet packets without a warrant?
If you enjoy your freedom from gov't surveillance, it looks like it's time to start using PGP
posted by mathowie
on Jul 16, 2002 -
Lawmakers blast pledge ruling...
Yes I know this thread was started yesterday but at over 130 posts and given the recent news
from lawmakers stating they would push for a constitutional amendment authorising the words "under God" if the Supreme Court did not smack down the 9th circuit courts decision I felt compelled to post again on this subject. Smack me down if you like...
posted by gloege
on Jun 27, 2002 -