MetaFilter posts tagged with law and legal

Obama Told Me I Was Doing The Right Thing

reenum — Thu, 31 Dec 2009 07:59:13 -0800

A medical marijuana provider in California is mounting a novel defense after his marijuana farm was raided by Federal agents. James Dean Stacy is arguing that statements made by President Obama while on the campaign trail about easing marijuana laws constitutes "entrapment by estoppel, defined as when an official tells someone that something is legal, then busts them for it. Put plainly, Stacy would not have formed the collective if the government hadn’t assured legal collectives that they wouldn’t be prosecuted."

The House on Garibaldi Street

reenum — Wed, 04 Nov 2009 11:35:26 -0800

The capture of Adolf Eichmann is one of the more daring spy operations in the post WWII era. The story spans 17 years, beginning with Eichmann's clandestine escape from the Allied forces and the Nuremberg trial, and ending with his hanging in Israel. After WWII, Eichmann was able to escape the Nuremberg trials and the subsequent efforts of Nazi hunters in Europe. He worked as a farmer for 5 years, before he was able to gain passage to Argentina with the help of an organization that helped ex-Nazis defect to South America. However, Nazi hunters like Simon Wiesenthal never forgot about Eichmann and the crimes he had committed. After years of chasing false leads, the Mossad finally found Eichmann and assembled a team to capture him. This team included Rafi Eitan and Peter Malkin. The team followed Eichmann and planned his capture, which ended with the Israelis smuggling a drugged Eichmann aboard an El-Al plane and making two transcontinental flights that pushed the plane's limits. The operation caused embarrassment for some of the world's superpowers. But, the trial went on nonetheless. Subsequent generations have studied this capture and the impact it had on the world as a whole. You can find repositories of Eichmann related documents here, here, here and here.

The Justice Gap in America

lunit — Wed, 30 Sep 2009 14:16:40 -0800

Nearly one million people who seek help for civil legal problems, such as foreclosures and domestic violence, will be turned away this year. A new report by the Legal Services Corporation, a non-profit established by Congress in 1974 to ensure equal access to justice, finds that legal aid programs turn away one person for every client served. The full report, "Documenting the Justice Gap in America" is available here (pdf). The 2009 report is an update and expansion on a 2005 report (available here) finding that 80% of the poor lacked access to legal aid. Some of the problem may be due to restrictions placed on non-profits that provide legal aid, including prohibiting LSC-funded programs from participating in class actions, seeking attorneys' fees, or advocating before administrative or legislative bodies for policy reform. The restrictions also make certain groups of people ineligible for legal representation from LSC-funded programs entirely and block organizations from using any other funds for any service or activity that they are barred from providing with LSC dollars. There is a bill currently being considered to end what some have deemed unjust restrictions on those providing access to legal aid.

Handley pleads guilty

Shepherd — Fri, 22 May 2009 13:52:51 -0800

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. As has been pointed out (NSFW, and previously), there is no shortage of popular comics material that could carry this same penalty currently in circulation. The CBLDF has gotten involved, but to no apparent avail; the plea and its potential consequences have sent shockwaves through the manga and anime communities. At Newsarama, Jeff Trexler explains the finer points of the law and why this case is not likely to be precedent-setting.

protecting oneself legally and otherwise

nickyskye — Tue, 13 Jan 2009 07:25:47 -0800

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. Four Behaviors to Avoid to Reduce Divorce Costs

"I spent 16 years in prison for a crime I didn't commit."

allkindsoftime — Tue, 16 Sep 2008 18:26:43 -0800

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.

"Of course, neither Simon nor Garfunkle has been identified as a Nautical Expert"

Navelgazer — Mon, 30 Jun 2008 18:57:15 -0800

Chief Justice Roberts (mis)quotes Bob Dylan* in his dissent on Sprint Communications Co. v. APCC Services, Inc., making this the first known time that a Supreme Court Opinion has used a "rock song to buttress legal opinion," according to Alex B. Long of the University of Tennessee. Mr. Long knows a thing or two about this**, having authored [Insert Song Lyrics Here]***, a Washington & Lee Law review Article on the subject of Pop Music in legal writing. The article is funny†, insightful, comprehensive in its musical background††, and surprisingly knowledgeable about good taste in writing.††† *To be fair, Alex Long misquotes the line as well. For a full performance, see here. ** The Top Ten Most Cited Musicians (according to Long's admittedly flawed study) are: 1. Bob Dylan 2. The Beatles 3. Bruce Springsteen 4. Paul Simon 5. Woody Guthrie 6. The Rolling Stones 7. The Grateful Dead 8. Simon & Garfunkle 9. Joni Mitchell 10. R.E.M. *** This is a link to a site where you may download the pdf. Also, I should mention that this is the priority link, See † Pro Tip: In legal writing, the footnotes are used not only to exhaustively cite one's sources, but also to provide humor, irreverence, and "off-the-record" personal opinions where they would otherwise not be appropriate. This article is full of both. †† A fun "mix tape" of a small few of the cited songs: Cracker, Teen Angst The New Pornographers, The Laws Have Changed Ludacris, You's a Ho Violent Femmes, Add It Up Elvis Costello, Less Than Zero Tupac Shakur, Holla if You Hear Me Elvis Presley, Mystery Train Chuck Berry, Nadine The Beatles, Everybody's Got Something to Hide Except for Me and my Monkey The Kinks, Lola The Undertones, Teenage Kicks R.E.M., It's the End of the World as We Know It (and I Feel Fine) ††† If anyone knows how to do proper footnotes on MeFi, please let me know. Bonus: The "Hum a Few Bar Exam," from Prof. Eugene Volokh of Volokh Conspiracy

Girl fight

Artw — Mon, 05 May 2008 08:55:29 -0800

Barbie vs Bratz: Mattel sues MGA, claiming the Bratz designs were created by a Mattel employee and smuggled to its rival.

Landlord tenant law in every US state

dersins — Wed, 05 Dec 2007 09:40:11 -0800

Links to the landlord-tenant law of every state in the US from Consumerist. Pretty useful for a lot of mefites, I would think.

Free at last.

Soup — Fri, 30 Nov 2007 07:32:52 -0800

"Free and Uneasy: The First Year Out." The story of wrongfully convicted Jeffrey Deskovic. And others.

But your Honor...

Falconetti — Wed, 14 Nov 2007 20:09:35 -0800

Idiot Legal Arguments: A Casebook for Dealing with Extremist Legal Arguments: A minimal compendium of legal citations to frivolous arguments.

Terrorism or fearmongering?

Dillonlikescookies — Tue, 16 Oct 2007 22:25:23 -0800

Tame Iti, Maori activist, is no stranger to controversy - with his full facial moko he has a face you won't soon forget. But is he a terrorist? Recently, the New Zealand Police force carried out a series of "raids" against a "training camp" in the north island, in the first use of the Terrorism Suppression Act, legislated in 2002. The act itself is not without it's critics but the country seems divided about the raids. Deluded extremists? Harmless Activist? or Real Threat? Some have claimed the raids are politically motivated, enacted by a police force with a declining public image. The whole case is racially loaded The "culture of fear" that is so written about seems to have trickled down somewhat, but time will tell whether it stays with the NZ public. By one account the camps are "amateurish" and with the exception of Tame Iti the most significant charge seems to be possession of a firearm without a license. The police, however, are certainly not helping matters - releasing information suggesting the group intended to start a "race war" and aimed to created an independent state through methods borrowed from the IRA, while keeping quiet on other details. Their press release here Troublesome, to me, is that the police also conducted a "non-raid" of the homes of environmental activists simultaneously, most notably in Christchurch, over a thousand kilometres away. I don't mean to start the thread with strong bent on it, but personally I find this worrying. New Zealand has had it's share of radicals, gun-wielding-forest-living cultists and so on, but the hype that this has reached in the media is unsettling. Worth noting, of course, is the Tuhoe tribe, of which Tame Iti is a member, with unresolved/ignored disputes with the government, which are a significant sticking point. Given this, and the harsh treatment of Tame Iti in regards to the flag protest, was further "radicalization" inevitable? Does the government have a responsibility, not so much to prevent radical groups from acting violently, but instead to incorporate them into public discourse rather than disenfranchise, and thus alienate them and antagonize them? Your thoughts?

Legal information online

ND¢ — Wed, 29 Aug 2007 06:27:21 -0800

The Law Library of Congress’s Guide to Online Law includes legal information from over a hundred different countries and all fifty states. The Legal Information Institute has guides to 130 different areas of law. The Armed Forces Legal Assistance site is also a great resource for basic legal information, aimed at service members, but often generally helpful, on topics including consumer law, family law and trusts and estates. Your State’s Bar Association may also offer information specific to your jurisdiction.

Constitutional Showdowns: a good thing for constitutional and political efficiency

dios — Fri, 10 Aug 2007 09:40:34 -0800

Constitutional Showdowns. Eric Posner and Adrian Vermeule analyze constitutional showdowns, ask what rate and level of showdowns would be socially optimal, and ask whether socially optimal showdowns will be supplied by government institutions acting to promote their policy preferences and institutional interests.

New Supreme Court Opinions

dios — Mon, 25 Jun 2007 10:15:51 -0800

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)

War of the Welles: The Torturous Journey of The Other Side of the Wind to the Big Screen

jonp72 — Sun, 15 Apr 2007 09:57:50 -0800

The Other Side of the Wind is the lost last film of Orson Welles, a reputed unseen masterpiece, that may finally see the light of day in late 2008. The film tells the story of Jake Hannaford (played by John Huston), an aging movie director who has to film a low budget sex-and-symbolism flick to avoid getting overtaken by the Movie Brats of the Spielberg/Coppola generation. After providing voiceovers to two documentaries on the Persepolis ceremonies of 1971 and an intimate portrait of the Shah of Iran, Welles obtained Iranian financing to finish The Other Side of the Wind. Unfortunately, after the Islamic Revolution of 1979, the bank accounts of his Iranian financier were seized, which led to the negatives for the film getting locked in a French vault. After Orson Welles died in 1985, his lover/collaborator Oja Kodar had to settle his estate with Orson's estranged (but never divorced) wife Paola Mori. There the matter might have rested, if not for an unfortunate coincidence. (More inside.)

Scooter throws Turd Blossom under the bus

ibmcginty — Tue, 23 Jan 2007 17:23:13 -0800

Politics/PlameFilter: In opening arguments today in the Plame investigation perjury case against Vice President Cheney's former Chief of Staff I. Lewis Libby, the prosecutor portrayed Libby as an agent of a Cheney-driven media offensive. Perhaps the biggest surprise of the day came from Libby's attorney, who portrayed his client as a White House-chosen scapegoat for Karl Rove's misdeeds. A conservative reporter saw in Libby's emerging defense a "dramatic split inside the Bush White House." An MSNBC host asked whether this hullabaloo could lead to Cheney's resignation. Background on the case. Liveblogging of today's arguments from an anti-administration perspective.

Old cases with weird facts still define our law of contracts

dios — Thu, 25 May 2006 11:30:00 -0800

Modern contract law, which frames and defines our modern economy, is shaped by old and rather mundane disputes. Consider some of the seminal cases: Hadley v. Baxendale (1854); Hamer v. Sidway (1891); Carlill v. Carbolic Smoke Ball Co. (1892); Mills v. Wyman (1825). These cases, while minor in their actual factual footprint, still shape the world of contracts over a century later. (more about the cases inside)

The law vs. vigilante justice vs. ...

cybercoitus interruptus — Sat, 08 Apr 2006 13:28:14 -0800

Newsfilter: $1000 fine for linking? The law vs. vigilante justice vs. inadvertent legal ramifications of vigilante justice. [MI]

When grown adults act like children.

insomnia_lj — Sun, 19 Mar 2006 15:51:48 -0800

Kinderstart sues Google to get a higher page ranking. Why on earth should Google be obligated to give another search engine access to their proprietary page ranking methods, unless the goal is for Kinderstart to either steal or play games with Google's ranking methods... again?

The Hart/Devlin Debate

dios — Thu, 16 Mar 2006 12:46:41 -0800

The Hart/Devlin debate. One of the primary issues in the philosophy of law was addressed in a dispute between HLA Hart and Lord Devlin. The issue is to what extent morality can be embodied by the law. It is a debate which continues today.

Supplemental Jurisdiction

dios — Thu, 16 Feb 2006 10:32:21 -0800

28 U.S.C 1367 was a controversial and confusing attempt by Congress to codify and address the issue of Supplemental Jurisdiction established in cases such as United Mine Workers v. Gibbs, 383 U.S. 715 (1966), Zahn v. International Paper, Co., 414 U.S. 291 (1973), and Finley v. United States, 490 U.S. 545 (1989). The Supreme Court tried to clarify some of the confusing issues regarding 1367 in a 2005 opinion. Exxon Mobil Corp v. Allapattah Servs., Inc., (2005) (Kennedy, J., writing for the Court) (Stevens, J., dissenting) (Ginsburg, J., dissenting). The question of whether the Court clarified the issue or made it more complicated remains arguably unanswered.

Choice of Law; Conflicts of Law

dios — Wed, 15 Feb 2006 09:18:40 -0800

The 2005 Annual Survey on Choice of Law in American Courts. [pdf] The survey on Choice of Law looks at the recent controversial Supreme Court ruling dealing with conflict of laws. See Spector v. Norwegian Cruise Line, Ltd., 125 S.Ct. 2169 (2005). (Kennedy, J., writing the opinion of the Court) (Ginsburg, J., concurring) (Scalia, J., dissenting) (Thomas, J., concurring in part, dissenting in part). At issue in Spector was whether disability statutes applied to ships that depart from Texas and travel through domestic waters but fly under the flag of the Bahamas. Other 2005 Supreme Court conflict of laws cases included Small v. United States and Pasquantino v. United States.

What is it about Raleigh, N.C. and domain names?

bugmuncher — Thu, 08 Dec 2005 22:14:15 -0800

Nissan.com belongs to Nissan Computer Corp., owned by Uzi Nissan in Raleigh, N.C. Nissan Motor Co., Ltd. has been in a protracted legal battle with Nissan Computer Corp. for control of the domain name and 10 million dollars. Now comes the mind-blowing coincidence: back in the day, Gateway, Inc. (then Gateway 2000, Inc.) was suing Gateway.com, Inc., owned by Alan Clegg, also of Raleigh, for control of gateway.com. They eventually settled out of court.)

doctors suing patients

halekon — Sat, 17 Sep 2005 13:07:01 -0800

Doctors suing patients Are you angry and upset because of what a doctor did or did not do during a medical procedure? Did you express your anger online? Now doctors are suing patients for expressing their anger online.