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5 posts tagged with law by shivohum.
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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

The Last Days of Big Law

Of all the occupational golden ages to come and go in the twentieth century—for doctors, journalists, ad-men, autoworkers—none lasted longer, felt cushier, and was all in all more golden than the reign of the law partner. Noam Schreiber on The Last Days of Big Law: You can't imagine the terror when the money dries up. Former law partner Steven J. Harper, author of The Lawyer Bubble, believes the profession to be in existential crisis. Another former partner weighs in. Libertarian law professor Richard Epstein presents a more sanguine view.
posted by shivohum on Jul 22, 2013 - 55 comments

Jurors have a power so secret even they may not know about it.

Jury nullification, a situation in which jurors acquit in a criminal trial even if the facts favor conviction (often because the jurors disagree with the law), is of ancient provenance in the Anglo-American legal tradition. Courts are ambivalent towards it, regarding it both as quasi-illegal (they'll remove jurors if they catch them during the attempt) and as something that they cannot overturn once it happens. Nullification has furthered many causes, from anti-death-penalty to pro-southern-lynchings. Lawyers can't mention it in court on pain of contempt, but some hope to educate people in other ways.
posted by shivohum on Jan 22, 2010 - 79 comments

Marc Dreier's Crime of Destiny

"...$48 million of notes due in September, another $15 million in November, a whopping $100 million in December, plus $60 million in January 2009. All told, he would need almost $225 million to cover these redemptions. 'Obviously,' Dreier observes without a hint of irony, 'I had put myself in a ridiculous predicament.'" (Previously)
posted by shivohum on Nov 25, 2009 - 45 comments

Don't shoot a man when he's down?

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

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