1336 posts tagged with law.
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Game behind gamed: your narrative programming for the day

How The Economic Machine Works by Ray Dalio[1] actually makes a case against austerity[2] and for redistribution, but also for money printing (and, arguably, for bailouts), while stressing the need to keep making productivity-improving public and private investments. However, it could be equally entitled: How The Industrial Age Political-Economy Doesn't Work Anymore, viz. Surviving Progress (2011)... [more inside]
posted by kliuless on Sep 25, 2013 - 28 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

Only Real Journalists Allowed

Who's a 'journalist'? People who can afford to be- and absolutely not Julian Assange. A US Senate panel has approved legislation to protect journalists from having to reveal their confidential sources. The proposed law defines 'journalism' by profession, and not by practice- shutting out citizen journalists while protecting corporate media.
posted by anemone of the state on Sep 17, 2013 - 93 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

Photos Of Child Labor Between 1908 And 1916 in the USA

A photograph of breaker boys that changed history for millions of kids in America, who worked grueling lives as child laborers. What Charles Dickens did with words for the underage toilers of London, Lewis Hine did with photographs for the youthful laborers in the United States. Library of Congress collection of over 5,000 Lewis Hine child labor photos. Kentucky 1916. Previously. [more inside]
posted by nickyskye on Aug 15, 2013 - 6 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

A win for boobie bracelets in middle school

"The question was not so much what the bracelets said but whether school officials used reasonable judgment when they concluded that such apparel was inappropriate and might lead to more egregiously sexual and disruptive displays, all in the name of advocating a cause." Special bonus: The knockers displayed in a Google ad running below the innocent image of a boobie-bracelet-bedecked wrist.
posted by Bella Donna on Aug 7, 2013 - 33 comments

The Use and Abuse of Civil Forfeiture

Taken: The Use and Abuse of Civil Forfeiture. "Under civil forfeiture, Americans who haven’t been charged with wrongdoing can be stripped of their cash, cars, and even homes. Is that all we’re losing?" [Via]
posted by homunculus on Aug 5, 2013 - 89 comments

Vamos todos a Uruguay y fumar un porro.

Legalize it.
Uruguay votes to create world's first national legal marijuana market. Proposals likely to become law, leading to innovative policies at odds with the 'war on drugs' philosophy.
The legalization of pot in Uruguay might embolden other Latin American governments to consider similar measures. Under Mr. Mujica, 78, an outspoken former guerrilla, Uruguay has emerged as a laboratory for socially liberal policies. A small nation of 3.3 million people, the country has also enacted a groundbreaking abortion rights law, moved to legalize same-sex marriage and is seeking to become a center for renewable energy ventures.
posted by adamvasco on Aug 1, 2013 - 24 comments

Bradley Manning found guilty of Espionage Act violations

Bradley Manning cleared of 'aiding the enemy' but guilty of most other charges. "Manning, the source of the massive WikiLeaks trove of secret disclosures, faces a possible maximum sentence of more than 130 years in military jail after he was convicted of most charges on which he stood trial." Transcripts from Bradley Manning's Trial. [more inside]
posted by homunculus on Jul 30, 2013 - 225 comments

Rebuilding the American Jury

Twelve Absent Men: Rebuilding the American Jury. "Juries hear only 4 percent of criminal trials in America. Their decline has fostered radical punitiveness, but reforms and novel institutions are breathing new life into the jury and civic participation more broadly."
posted by homunculus on Jul 28, 2013 - 54 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

Forensic Topology

Forensic Topology. "In his 2003 memoir Where The Money Is: True Tales from the Bank Robbery Capital of the World, co-authored with Gordon Dillow, retired Special Agent William J. Rehder briefly suggests that the design of a city itself leads to and even instigates certain crimes—in Los Angeles’s case, bank robberies. Rehder points out that this sprawling metropolis of freeways and its innumerable nondescript banks is, in a sense, a bank robber’s paradise. Crime, we could say, is just another way to use the city."
posted by homunculus on Jul 13, 2013 - 14 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

"If you want to claim the Fifth . . ."

In a 5-4 ruling on Salinas vs. Texas, the SCOTUS ruled that silence can be used in court. (PDF) Without being placed in custody or receiving Miranda warnings, Genovevo Salinas voluntarily answered some of a police officer’s questions about a murder, but fell silent when asked whether ballistics testing would match his shotgun to shell casings found at the scene of the crime. During his trial in Texas state court, and over his objection, the prosecution used his failure to answer the question as evidence of guilt. He was convicted, and both the State Court of Appeals andCourt of Criminal Appeals affirmed, rejecting his claim that the prosecution’s use of his silence in its case in chief violated the Fifth Amendment. Analysis on SCOTUSblog
posted by dukes909 on Jun 18, 2013 - 145 comments

Privacy in an age of publicity

The Secret History of Privacy. "Something creepy happened when mystery became secular, secrecy became a technology, and privacy became a right..." [Via]
posted by homunculus on Jun 17, 2013 - 26 comments

The Challenge to European Data Rights

The Council of the European Union recently released a proposal to amend the General Data Protection Regulation. Scaling back from becoming the most strict privacy regulation in the world, the amendment greatly favors corporate interests while reducing the rights of data subjects. [more inside]
posted by ChipT on Jun 17, 2013 - 8 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

"I sincerely regret the loss of the life of Ms. Frago"

Jury acquits escort shooter. Texas Penal Code s. 9.42 has been interpreted to possibly allow the shooting of sex workers who accept money at night but do not then perform sexual services, and Ezekiel Gilbert was therefore found to have the legal right to shoot at a sex worker over a $150 dispute. This interpretation of the defence of property has come under some criticism, and although the jury may have reached their decision on a different ground, the possibility of this defence under state law appears to be sound.
posted by jaduncan on Jun 11, 2013 - 167 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

Universities insufficiently reporting sexual assaults, critics say.

The University of Southern California, Dartmouth College, Swarthmore College, and the University of California, Berkeley are among higher education institutions facing recent scrutiny for their alleged failure to comply with Clery Act reporting requirements. [more inside]
posted by MoonOrb on May 31, 2013 - 23 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

So how DOES copyright work in space?

Chris Hadfield has captured the world's heart, judging by the 14m YouTube views of his free-fall rendition of David Bowie's "Space Oddity", recorded on the International Space Station (ISS). The Canadian astronaut's clear voice and capable guitar-playing were complemented by his facility in moving around in the microgravity of low-earth orbit. But when the man fell to Earth in a neat and safe descent a few days ago, after a five-month stay in orbit, should he have been greeted by copyright police?
posted by DiesIrae on May 23, 2013 - 58 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

RTF Print

Small Print, Big Problem (part I)
Imagine you’ve clicked on your computer screen to accept a contract to purchase a good or service—a contract, you only realize later, that’s straight out of Kafka. The widget you’ve bought turns out to be a nightmare. You take to Yelp.com to complain about your experience—but lo, according to the contract you have given up your free speech rights to criticize the product. Let’s also say, in a fit of responsibility, (a bit fantastic, I know) you happened to have printed out this contract before you “signed” it, though you certainly hadn’t read through the thing, which is written, literally, on a “twenty-seventh grade” reading level. Well, you read it now (perhaps with the help of a friend who’s completed the twenty-seventh grade). And you see that there was nothing in the contract limiting your right to free speech at the moment you signed it. That part was added later. Your friend with the twenty-seventh-grade education points to the clause in the contract in which you’ve granted this vendor-from-hell the right to modify the terms of the contract, unilaterally, at any time into the vast limitless future.
[more inside]
posted by the man of twists and turns on May 1, 2013 - 36 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

Richard Prince Wins on Appeal (mostly)

Today the Second Circuit Court of Appeals reversed the lower court decision (Cariou v Prince) determining that 25 of the 30 Richard Prince Canal Zone paintings using appropriated images from Patrick Cariou's Yes Rasta book fall under Fair Use. The remaining 5 paintings were remanded back to the District Court to determine if they also fall under the Fair Use Doctrine with the now clarified proper standard. previously.
posted by snaparapans on Apr 25, 2013 - 4 comments

A Prosecutor’s Conscious Choice

“This court cannot think of a more intentionally harmful act than a prosecutor’s conscious choice to hide mitigating evidence so as to create an uneven playing field for a defendant facing a murder charge and a life sentence." A Texas court finds probable cause that ex-District Attorney Ken Anderson intentionally hid evidence to secure a 1987 murder conviction against the now-exonerated Michael Morton. (Previously.) [more inside]
posted by SpringAquifer on Apr 19, 2013 - 21 comments

Gene genie, let yourself go

After a decade or so of legal back-and-forth between Utah-based Myriad Genetics and medical researchers, the ACLU, and the Public Patent Forum, the US Supreme Court will hear a case next week which attempts to address whether genes — isolated (derivative) or original — can be patented. The stakes are high on both sides: opponents use Myriad's actions to argue that giving short-term monopoly control over humanity's genetic constituency is not in the public interest, while proponents defend the use of patents to spur private research in biotech, alternative energy and other nascent industries.
posted by Blazecock Pileon on Apr 12, 2013 - 58 comments

First Person Shooter

When it hits you, no matter how much you expect it, it comes as a surprise — a literal shock, like a baseball bat swung hard and squarely into the small of your back. That sensation — which is actually two sharp steel barbs piercing your skin and shooting electricity into your central nervous system — is followed by the harshest, most violent charlie horse you can imagine coursing through your entire body. With the pain comes the terrifying awareness that you are completely helpless. You cannot move. You lose control of almost everything and the only place you can go is down, face first to the floor. That’s what it feels like to be hit with a Taser.
posted by Horace Rumpole on Apr 5, 2013 - 74 comments

Sympathy for the Cabbie

Boston taxi cab drivers, often cheated, work in a world where risk and reward are a mismatch. [more inside]
posted by Rustic Etruscan on Apr 4, 2013 - 37 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

Itching to snitch

The latest Dwayne Johnson vehicle, Snitch, has used an activist approach for its marketing campaign in a bid to expose the human damage caused by police activity in the War on Drugs. Meanwhile, the BBC notes that some law enforcement agencies in the US use informants in as many as 90% of their drug cases, with little oversight or consistency. Snitching is now an end in itself: at least 48,895 federal convicts — one of every eight — had their prison sentences reduced in exchange for informing, with much higher rates in certain states. Since the murder of informant Rachel Hoffman in 2008, there has been a growing focus on reforming the business of snitching, what the ACLU calls the "unnecessary evil." [more inside]
posted by MuffinMan on Mar 27, 2013 - 29 comments

The Atlantic - Benj Edwards

The Copyright Rule We Need to Repeal If We Want to Preserve Our Cultural Heritage
posted by East Manitoba Regional Junior Kabaddi Champion '94 on Mar 15, 2013 - 34 comments

James Holmes and the Insanity Defense

Today, Arapahoe County District Judge William Sylvester ordered psychiatric analysis of Dark Knight Rises mass-shooting suspect James Holmes. Holmes will enter a plea tomorrow and is expected to plea Not Guilty by reason of Insanity. Judge Sylvester's court order could involve use of both narco analysis (read: truth serum) and a polygraph test. [more inside]
posted by Navelgazer on Mar 12, 2013 - 65 comments

9th Circuit adopts "reasonable suspicion" for electronics at border

In an en banc decision, the U.S. Court of Appeals for the 9th Circuit has ruled in United States v. Cotterman that the 4th Amendment standard of reasonable suspicion applies to forensic searches of electronic devices at an international border. [more inside]
posted by fireoyster on Mar 8, 2013 - 28 comments

Finding info on your state lawmakers has never been easier

Open States, the latest project of the nonprofit Sunlight Foundation, is an easy to navigate comprehensive database of activities from all state capitols that makes it easy to find your state lawmaker, review their votes, search for legislation, track bills and much more.
posted by joedan on Mar 2, 2013 - 7 comments

You've Come a Long Way, Baby...?

Makers: Women Who Make America is a sweeping 3-hour documentary of the movement for women's equality in the last half of the twentieth century. Airing this month on US public television, it's accompanied by an online archive of videos of interviews with individual women in leadership across a variety of fields. Leaders and activists, celebrities and pioneers, and everyday women retell the story of their awakening, organizing, and world-changing efforts.
posted by Miko on Feb 28, 2013 - 5 comments

Naming: From Fly-fornication (ok) to ChristIsKing (not ok)

Historically the United States (on a state by state basis) has given almost complete freedom to parents to name their children, both first name and surname, with results like "Fly-fornication," "Mahershalalhashbaz," "Encyclopedia Britannia," "States Rights" (who was killed in battle as an officer for the confederacy), "Trailing Arbutus Vines" and many more. (Naming Baby: The Constitutional Dimensions of Parental Naming Rights, Carlton F.W. Larson, 2011 [SSRN/PDF]). In October 2012, however, New York courts made two interesting rulings that reflect limitations on renaming, if not naming, rights, for both adults and children. [more inside]
posted by Salamandrous on Feb 27, 2013 - 54 comments

Born this way

Ethics of preemptive incarceration for deviant sexuality, specifically pedophila (Trigger warning)...recognizing as a society that certain individuals are intrinsically attracted to children need not and does not imply that we condone acting upon these desires. [Previously] Found via the excellent PsyDoctor8 [tumblr link].
posted by lonefrontranger on Feb 21, 2013 - 49 comments

Silent No More: Women In The Military Speak Out Against Sex Crimes

Sexual Assault In The U.S. Military is the focus of a serious contender for Best Documentary Feature at this year's Academy Awards. The Invisible War is a groundbreaking investigative doc that sheds light on the under-reported epidemic of sexual abuse against female members of the military, as well as the lack of punitive action in these crimes: of the 8 percent of sexual assault cases that are prosecuted in the military, only 2 percent result in convictions. A female soldier in a combat zone is more likely to be raped by a fellow soldier than killed by enemy fire.

By official estimates from The Department of Defense, 19,000 violent sexual crimes occurred in the military in 2011 alone. Sexual assault is grossly under-reported in the military. In 2011, 3,191 assaults were reported when its likely that somewhere between 19,000 and 22,000 assaults occurred. The women in the film speak about the physical and mental abuse they underwent while serving in the military - and about the the lawsuit they joined and the verdict in which their experiences were labeled "occupational hazards". The film is already garnering much attention, especially as front-running Oscar Nominee - and lawmakers are taking notice. [more inside]
posted by fantodstic on Feb 19, 2013 - 46 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

Capote's In Cold Blood: new evidence

New documents shed critical light on the treatment of the 1959 Clutter murder case, both by Kansas investigators and by Truman Capote in his classic book. Perhaps most strikingly, it turns out that Capote changed the sequence of events whereby investigators learned of the possible involvement of Richard Hickock and dealt with that information. As Capote describes it, Alvin Dewey heard of Hickock and went to visit his parents that same night, artfully extracting crucial information. KBI documents show that instead, a group of agents went to the house five days later and recovered the murder weapon.
posted by BibiRose on Feb 9, 2013 - 15 comments

The shadow of the gun

My Eight Years with a Gun "If the government was powerless to stop this onslaught, then the gun in my pocket was a declaration that the city had broken the social contract."
posted by bitmage on Feb 7, 2013 - 229 comments

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