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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 - 93 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

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

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

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

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

"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

"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

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

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

It Can Wait

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 - 66 comments

No, this is not an Admiralty Court.

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]
posted by thewalrus on Sep 23, 2013 - 142 comments

Innovation or Exploitation

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]
posted by gauche on Aug 29, 2013 - 16 comments

GrokLaw shuts down in wake of Lavabit closure

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]
posted by wenestvedt on Aug 20, 2013 - 249 comments

Man creates own credit card, sues bank for not respecting its terms

Banks usually reserve the right to change the rules or rates for credit cards they issue at any time, and the only notice given is buried in a long legal document. Russian Dmitry Argarkov turned this on its head: After he received a junk-mail credit card offer, he modified the document to include terms ridiculously in his favor and sent it back. The bank signed and certified it without looking at it, and sent him a credit card. [more inside]
posted by Sleeper on Aug 10, 2013 - 62 comments

The Expendables

Many of America's biggest corporations rely on temp workers to make up an ever increasing portion of their work force. This has led to a boom in the temp agency industry and a sharp decline in temp workers' quality of life.
posted by reenum on Jul 2, 2013 - 32 comments

Hiding Public Land

For years in Malibu, CA, homeowners have tried to hide public access points to local beaches in order to prevent people from using them. A recently released app has tipped off the public as to exactly where these access points are, causing an outcry from the homeowners.
posted by reenum on Jun 23, 2013 - 114 comments

Cocaine's A Hell Of A Drug

Sly Stone's history of drug addiction and eccentricity is well known. But, a recent California Court of Appeals ruling details how a series of ill advised business deals left Stone destitute. [more inside]
posted by reenum on Jun 16, 2013 - 41 comments

The Court has announced its opinion in Maryland v. King

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 - 112 comments

KIMOTA!

Who owns Marvelman? Part I and part II - the concluding chapters of Padraig O Mealoid's epic 16 part history of one of comic's most disputed characters. meanwhile another hole in comics history is about to be filled in as Grant Morrison and Steve Yeowell's Zenith finally gets collected in full.
posted by Artw on Jun 2, 2013 - 15 comments

Nothing to see here. Move along now.

Bernie "Whistling" Smith, a legendary, no-nonsense Vancouver cop was the subject of this 1975. Oscar nominated documentary. [more inside]
posted by KevinSkomsvold on May 24, 2013 - 3 comments

"Law deans can draw many lessons from Dumbledore's choice of magic."

Professor Dumbledore's Advice for Law Deans [more inside]
posted by magstheaxe on May 22, 2013 - 40 comments

Quid Pro SEO

In Reluctant Defense of the Curmudgeon Malcontents. A Baltimore-area attorney explains how online marketing is hurting the legal profession: There is for the conscientious ethical attorney a balance between eremitic life in a Byzantine-era monastery and nonsense online carney barking, but none of these non-attorney folks deserve a seat at the table in that discussion. And the more you see of the online marketing nonsense that's out there, the more sympathetic you become to people with poor home training who reject that nonsense in language you wouldn't want uttered aloud in your grandmother’s house of worship.
posted by Cash4Lead on May 8, 2013 - 22 comments

He's dead, Jim.

To update followers of the Prenda Law porn-trolling copyright lawyers saga, Judge Wright has just issued a catastrophic order [.pdf] imposing sanctions and making criminal referrals, entertainingly littered with Star Trek references.
posted by T.D. Strange on May 6, 2013 - 70 comments

Ownership of your digital works is no longer automatic in the UK

The Enterprise and Regulatory Reform Act changes UK copyright law so that only a "diligent search" for ownership is required before a work is considered "orphaned", and put into extended collective licensing. This is one part of a larger act that is supposed to "modernise the UK’s copyright regime to promote innovation in the design industry, encouraging investment in new products while strengthening copyright protections. " Pundits are comparing this to Instagram's assertion of ownership over its users' works last year.
posted by boo_radley on Apr 29, 2013 - 24 comments

Act of Terror: arrested for filming police officers - video

When police carried out a routine stop-and-search of her boyfriend on the London Underground, Gemma Atkinson filmed the incident. She was detained, handcuffed and threatened with arrest. She launched a legal battle, which ended with the police settling the case in 2010. With the money from the settlement she funded the production of this animated film, which she says shows how her story and highlights police misuse of counterterrorism powers to restrict photography. [more inside]
posted by nickyskye on Apr 29, 2013 - 24 comments

Not So Evergreen

"India's supreme court has ruled against Swiss drug giant Novartis in a landmark case that activists say will protect access to cheap generic drugs in developing nations." [more inside]
posted by vidur on Apr 1, 2013 - 15 comments

Playing with God is indeed playing with fire

Beloved Legal Philosopher Ronald Dworkin Passes Away. Dworkin was described as "perhaps the most influential legal philosopher of the last century" in a 2005 profile. A surprisingly comprehensive collection of his essays for the New York Review of Books are available online. You can also watch his lecture on truth and interpretation. Or you can read about his recent book Justice for Hedgehogs. [more inside]
posted by likeatoaster on Feb 14, 2013 - 20 comments

Undue Burden

Jennie Linn McCormack "isn’t the only woman in recent years to be prosecuted for ending her own pregnancy. But her case could change the trajectory of abortion law in the United States": The Rise of DIY Abortions. [more inside]
posted by zarq on Jan 3, 2013 - 66 comments

Early English Laws

Early English Laws is a project to publish online and in print new editions and translations of all English legal codes, edicts, and treatises produced up to the time of Magna Carta 1215. [more inside]
posted by jedicus on Nov 21, 2012 - 7 comments

Dictionaries are mazes

The Incoherence of Antonin Scalia, by Richard A. Posner.
posted by Sticherbeast on Aug 29, 2012 - 46 comments

"To help other people at all times."

Boy Scouts reaffirm policy denying membership to gays. [Reuters] "The Boy Scouts of America on Tuesday said the organization would continue to deny gay people membership, saying that the policy "is in the best interest of Scouting."
posted by Fizz on Jul 17, 2012 - 222 comments

I got 99 problems but the Fourth Ammendment ain't one

A line-by-line legal analysis of verse 2 of Jay-Z's 99 Problems [PDF], published in the law review of St. Louis University, is a surprisingly enlightening take on Fourth Amendment rights during a traffic stop. Jay-Z is right in submitting to a show of authority and refusing to consent to a search, but he is wrong in assuming that a warrant is needed to search a locked trunk or glovebox. However, Jay-Z would probably be able to suppress evidence of the drugs in his car, even if they are found, because he had to wait while the K-9 comes. He's got 99 problems but a female sniffer dog isn't one. Hit me.
posted by blahblahblah on Jul 11, 2012 - 58 comments

Tie game. Bottom of the 9th. Bases loaded. Two outs. Three balls. Two strikes. And the pitch...

In less than an hour, the Supreme Court will hand down its final judgment in what has become one of the most crucial legal battles of our time: the constitutionality of President Obama's landmark health care reform law. The product of a strict party line vote following a year century of debate, disinformation, and tense legislative wrangling, the Affordable Care Act would (among other popular reforms) require all Americans to buy insurance coverage by 2014, broadening the risk pool for the benefit of those with pre-existing conditions. The fate of this "individual mandate," bitterly opposed by Republicans despite its similarity to past plans touted by conservatives (including presidential contender Mitt Romney) is the central question facing the justices today. If the conservative majority takes the dramatic step of striking down the mandate, the law will be toothless, and in danger of wholesale reversal, rendering millions uninsured, dealing a crippling blow to the president's re-election hopes, and possibly endangering the federal regulatory state. But despite the pessimism of bettors, some believe the Court will demur, wary of damaging its already-fragile reputation with another partisan 5-4 decision. But those who know don't talk, and those who talk don't know. Watch the SCOTUSblog liveblog for updates, Q&A, and analysis as the truth finally comes out shortly after 10 a.m. EST.
posted by Rhaomi on Jun 28, 2012 - 1173 comments

Gupta Trial Judge Reprimands Law Student Spectator

Benula Bensam, not having landed a summer job, decided to attend the Rajat Gupta trial. She felt that some of the judge's evidentiary rulings were incorrect, and so sent him three letters. The judge, Jed Rakoff, was not amused.
posted by reenum on Jun 16, 2012 - 119 comments

Bad day for Oracle

Following a jury finding that Google had not infiringed upon Oracles patents, a development described as a near disaster for the database company, Judge William Aslup has ruled that the Java APIs cannot be copyrighted. That leaves Oracle with only the 9 lines of rangeCheck code and a handfull of decompiled test files to show for the massivecourt case. CEO Larry Ellison remains confident, claiming that the aquisition of Java creator Sun has still paid for itself.
posted by Artw on Jun 1, 2012 - 45 comments

LBJ v. Coke Stevenson: Lawyering for Control of the Disputed Texas Democratic Party Senatorial Primary Election of 1948

This article explores the history, from the lawyers' perspective [PDF; 41 pages], of a high-profile litigation of sixty years ago, the whirlwind of state and federal litigation that attended the 1948 runoff election battle between Congressman Lyndon B. Johnson and former Texas governor Coke Stevenson for the Texas Democratic Party nomination for the office of United States Senator. Johnson famously won this election by 87 votes [...] [more inside]
posted by smcg on May 29, 2012 - 7 comments

United States v. Health Care Reform

This morning marked day two of marathon proceedings in what's likely the most momentous and politically-charged Supreme Court case since Bush v. Gore: the effort to strike down President Obama's landmark health care reform law. While yesterday was a sleepy affair of obscure technical debate, today's hearings targeted the heart of the law -- the individual mandate that requires most Americans to purchase insurance by 2014. With lower courts delivering a split decision before today, administration lawyers held some hope that at least one conservative justice could be persuaded to uphold the provision, which amortizes the risk that makes universal coverage possible. But after a day of deeply skeptical questioning by swing justice Anthony Kennedy and his fellow conservatives [transcript - audio], the mandate looks to be in grave trouble, with CNN legal analyst Jeffrey Toobin going as far as calling the day "a train wreck" for the administration. But it's far from a done deal, with a third day of hearings tomorrow and a final decision not expected until June.
posted by Rhaomi on Mar 27, 2012 - 373 comments

Pop! Goes the Law School Bubble

With the number of LSAT test takers in sharp decline, has the law school tuition bubble finally burst?
posted by reenum on Mar 20, 2012 - 79 comments

Pie In the Sky

Tom Monaghan had a dream: To create a law school and surrounding community that would adhere strictly to Catholic values. Things have not gone according to plan. [more inside]
posted by reenum on Mar 17, 2012 - 102 comments

Surveillance state located

FBI General Counsel reveals that around 3,000 warrantless GPS trackers were removed after the ruling in U.S v. Jones clarified their illegality (judgement PDF) (previous FPP). The ruling that a mosaic of surveillance technologies may form an issue when considered individually and the FBI's view of likely future judgements on the matter is particularly interesting in the light of the forthcoming cert/standing findings regarding warrantless eavesdropping.
posted by jaduncan on Feb 26, 2012 - 20 comments

This FPP © zarq. Do Not Bend, Fold, Spindle or Mutilate. Do Not Taunt Happy Fun Ball.

Kirby Ferguson's fourth and final installment of Everything is a Remix: System Failure has been released. (Also on YouTube.) It covers intellectual property rights, the derivative nature of creativity, patents and copyright. Transcript. [more inside]
posted by zarq on Feb 17, 2012 - 5 comments

The allegedly amputated arm of the law

MI6 intends to use the 1994 Intelligence Services Act to deny all application of UK law to extraordinary rendition. The case in question revolves around the forcible extradition of several Libyan dissidents back to Gaddafi's Libya and entirely predictable torture, including a pregnant woman. s.7 of the Act states that any intelligence agency action authorised on foreign soil by a Secretary of State is automatically exempt from legal action in any UK court. This could be said to conflict in some ways with the Human Rights Act 1998 and international law, especially since the HRA may be held to have implicitly repealed s.7 of the 1994 Act. [more inside]
posted by jaduncan on Feb 15, 2012 - 26 comments

The Brand

David Grann of the New Yorker writes about the power of the Aryan Brotherhood inside America's federal prisons.
posted by reenum on Jan 23, 2012 - 20 comments

Guantanamo: An Oral History

Guantanamo: An Oral History
posted by reenum on Jan 12, 2012 - 8 comments

The State Of The Situation.

Two months after being kicked out by the NYPD in an early morning raid, the Occupy Wall Street protestors have returned to Zucotti/Liberty Plaza to meet new regulations that make protesting all but impossible. Meanwhile, OWS is looking for an accountant and NYC councilman Ydanis Rodriguez wants to donate his 5k stipend to the protestors. Yasha Levine of The Exiled writes about his arrangement hearing after being arrested during the Occupy LA raid and Political Cartoonist and Essayist Tim Kreider releases four essays he wrote during the first occupation of Zucotti/Liberty Plaza, "What OWS Wants" "Capitalism, A Bummer" "An Open Letter To The Tea Party." and "OWS: The Morning After." [more inside]
posted by The Whelk on Jan 12, 2012 - 142 comments

The Law School Bubble

There has been an increasing outcry over the bleak job prospects facing law school graduates. Paul Campos, author of the "Inside The Law School Scam" blog, argues that continued high enrollment at law schools may be due to "lemming psychology".
posted by reenum on Dec 27, 2011 - 94 comments

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