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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

By securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries

Current copyright law does not merely distort some markets – rather it destroys entire markets. (PDF) [more inside]
posted by dsfan on Nov 17, 2012 - 97 comments

Senator Chip Rogers - Agenda 21 - Mother Jones

Chip Rogers is the Republican Majority Leader of the Georgia State Senate, and Treasurer of ALEC (previously 1 2). On October 11th he hosted a four-hour briefing for his fellow senators, regarding Obama's mind-control techniques which are forcing the US into a United Nations-led Communist dictatorship in which suburbanites are forcibly relocated to cities. The theory is based on Agenda 21, the non-binding 1992 UN treaty on sustainable development. Rogers narrowly failed to pass a resolution against Agenda 21, but other states have done so, and Alabama has even forbidden its implementation in law.
posted by East Manitoba Regional Junior Kabaddi Champion '94 on Nov 15, 2012 - 132 comments

"Used to be that the idea was 'once every two years voters elected their representatives.' And now instead it's 'every ten years the representatives choose their constituents.'"

Obama won Ohio by two points, and Democratic Sen. Sherrod Brown won by five, but Democrats emerged with just four of Ohio’s 16 House seats. In Wisconsin, Obama prevailed by seven points, and Democratic Senate candidate Tammy Baldwin by five, but their party finished with just three of the state’s eight House seats. In Virginia, Obama and Democratic U.S. Senate candidate Tim Kaine were clear victors, but Democrats won just three of the commonwealth’s 11 House seats. In Florida, Obama eked out a victory and Democratic Sen. Bill Nelson won by 13 points, but Democrats will hold only 10 of the Sunshine State’s 27 House seats. The Revenge of 2010: How gerrymandering saved the congressional Republican majority, undermined Obama's mandate, set the terms of the sequestration fight, and locked Democrats out of the House for the next decade. It's not a new problem. But if the Supreme Court guts the Voting Rights Act, it could get a whole lot worse. And the electoral college may be next. (What's gerrymandering, you ask? Let the animals explain. Meet the Gerry-mander. Peruse the abused. Catch the movie. Or just play the game. Previously.)
posted by Rhaomi on Nov 14, 2012 - 137 comments

“I thought that modern penology has abandoned that rehabilitation thing”

In Sentencing Criminals, Is Norway Too Soft? Or Are We Too Harsh?
It’s not very often the concept of restorative justice gets much play outside scholarly publications or reformist criminal justice circles, so first, some credit for Max Fisher at The Atlantic for giving it an earnest look last week. In seeking to explain Norway’s seemingly measly twenty-one-year sentence for remorseless, mass-murdering white supremacist Anders Breivik—a sentence that is certain to be extended to last the rest of his life—Fisher casts a critical eye on the underlying philosophy that animates that country’s sentencing practices, finding it to be “radically different” from what we’re used to in the United States.
The Effectiveness of Restorative Justice Practices: A Meta-Analysis [more inside]
posted by the man of twists and turns on Nov 12, 2012 - 87 comments

Evicted for smelling bad

"It seeped through the walls. It wafted up stairwells and elevator shafts. It was so bad, it rendered the other units on Nowell's floor unrentable. It was so bad, it made people dry-heave as they walked down the hallway. It was so bad, it caused the inspectors who examined Nowell's unit to gag and tear up. It was so bad, it attracted vermin. It was suffocating, overpowering, disgusting, distressing. It smelled like sour milk. Like diarrhea. Like mold." [The Man Who Smelled Too Much]
posted by vidur on Nov 8, 2012 - 87 comments

Coronet Instructional Films

From the mid 40s to the mid 50s Coronet Instructional Films were always ready to provide social guidance for teenagers on subjects as diverse as dating, popularity, preparing for being drafted, and shyness, as well as to children on following the law, the value of quietness in school, and appreciating our parents. They also provided education on topics such as the connection between attitudes and health, what kind of people live in America, how to keep a job, supervising women workers, the nature of capitalism, and the plantation System in Southern life. Inside is an annotated collection of all 86 of the complete Coronet films in the Prelinger Archives as well as a few more. Its not like you had work to do or anything right? [more inside]
posted by Blasdelb on Nov 1, 2012 - 41 comments

The Permanent War

The Permanent War (video). "This project, based on interviews with dozens of current and former national security officials, intelligence analysts and others, examines evolving U.S. counterterrorism policies and the practice of targeted killing." Part 1: Plan for hunting terrorists signals U.S. intends to keep adding names to kill lists. Part 2: A CIA veteran transforms U.S. counterterrorism policy. Part 3: Remote U.S. base at core of secret operations. [more inside]
posted by homunculus on Oct 25, 2012 - 68 comments

The Annotated Justinian Code

The Corpus Juris Civilis, also called the Code of Justinian, is a foundational document in (continental) Western law. Perhaps because of its limited impact on the common law, no English translation existed until the 1930s. The best English translation of the two main parts of the CJC, the Codex Justinianus and the Novels, was the life's work of a single Wyoming Supreme Court Justice, Fred H. Blume. [more inside]
posted by jedicus on Oct 23, 2012 - 16 comments

Solitary Confinement

Solitary in Iran Nearly Broke Me. Then I Went Inside America's Prisons. "We throw thousands of men in the hole for the books they read, the company they keep, the beliefs they hold. Here's why." An article on solitary confinement (previously) by Shane Bauer, one of the three American hikers who were detained in Iran in 2009 (previously).
posted by homunculus on Oct 18, 2012 - 52 comments

"If I Could Go Back In Time, I Wouldn't Report My Rape"

"Why had I thought I’d be immune to being called a slut, whore, homewrecker, protected from having my motives and intentions questioned, from being treated as if I were the criminal? And by my own attorney, no less."
posted by Pope Guilty on Oct 17, 2012 - 82 comments

Rubber Rooms Are Still Open, Just Different

Thought the "rubber rooms" where New York City teachers were sent to wait for disciplinary hearings were closed? Not so much. [more inside]
posted by reenum on Oct 16, 2012 - 32 comments

The quality of ownership is not what it was in yesteryear.

On October 29, the U.S. Supreme Court will hear oral arguments in Kirtsaeng v. John Wiley & Sons, Inc., a conflict about “first-sale doctrine”. The doctrine, which has been law in the U.S. since 1908, allows people to buy and then subsequently sell items (books, furniture, electronics, dvds, etc.) without needing additional permission from the copyright holder. Supap Kirtsaeng came to the United States from Thailand to study mathematics and attempted to save money by having his family purchase textbooks in Thailand and ship them to him. After reading up on the first-sale doctrine, Kirtsaeng began to sell these textbooks to others on eBay. He made $37,000, before he was sued by John Wiley, a textbook publisher. A jury found his copyright infringement to be willful. He was ordered to pay $75,000 per work for a total penalty of $600,000. He appealed, and lost at the 2nd Circuit.

The Library Journal notes that if the Supreme Court rules against Kirtsaeng, it could mean the end of public libraries. Marketwatch warns that it means the end of resale as we know it. Hollywood Esq. does the most cogent job of putting this IP fight in perspective of other IP fights before the Court.
posted by dejah420 on Oct 9, 2012 - 213 comments

Insanity, Death, or Abandonment

"A blue cloud of smoke wafted over the Famous Five statue that sits just east of the Senate doors. No one seemed to be going insane or looking like they were about to personally invade the United States. There were people of all colours in the crowd, but if any of them were members of The Ring, they hid it well. The peaceful demonstrators were, however, breaking the law, smoking a banned substance that could in theory have landed any one of them in prison." Emily Murphy’s legacy lives on in more ways than most care to remember.
posted by mannequito on Oct 1, 2012 - 14 comments

A Death Ray that explodes after being dropped once is a poorly-designed Death Ray.

Dr. Horrible and products liability. Doctor Who and the necessity defense. Firefly and contract law. The Legal Geeks blog is exactly what it sounds like.
posted by Navelgazer on Sep 28, 2012 - 41 comments

epistolary novel

Clay Shirky: How the Internet will (one day) transform government [1,2,3] [more inside]
posted by kliuless on Sep 26, 2012 - 46 comments

And ten thousand nerds said "...really?"

50 Shades of Grey author E.L. James is threatening a Coventry-area housewife with legal action for throwing 50 Shades-themed sex toy parties. Says James' agent: "You can’t just hijack something someone else owns." Which is, to say the least, a little ironic. (50 Shades previously on the blue. Also.)
posted by mightygodking on Sep 8, 2012 - 127 comments

Injury and the Ethics of Reading

Poetry Changed the World: Injury and the Ethics of Reading.
posted by homunculus on Sep 3, 2012 - 8 comments

"There's nothing more aggravating in the world than the midnight sniffling of the person you've decided to hate." ― Shannon Hale, Book of a Thousand Days

The DoJ drops all remaining investigation and prosecution of US War on Terror deaths/murders through harsh tactics/torture: "No Charges Filed on Harsh Tactics Used by the C.I.A." [NYT] Glenn Greenwald reacts and describes the cases that just got dropped. [Guardian] Second link is arguably a violence trigger, but is better and bothers to do things like talk to the ALCU.
posted by jaduncan on Sep 2, 2012 - 209 comments

Dictionaries are mazes

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

The beginning of tyranny.

Last year, The Brennan Center for Justice at NYU's Law School released a report (pdf) detailing new, more restrictive state laws that affect voting rights and are likely to impact the outcome of the 2012 elections. The restrictions "fall most heavily on young, minority, and low-income voters, as well as on voters with disabilities." On August 3rd, 2012, they updated their analysis with a pdf of passed and pending State government legislation. Their conclusion: after a century in which the United States "expanded the franchise and knocked down myriad barriers to full electoral participation... that momentum [has] abruptly shifted." [more inside]
posted by zarq on Aug 17, 2012 - 47 comments

The Juris Doctor is 'Versatile' Thanks Mainly to Numerous Logical Fallacies

Many people say that a law degree enables the holder to do virtually anything. Am Law Daily explores the logical fallacies behind this statement.
posted by reenum on Aug 16, 2012 - 55 comments

"I don't want to die doing drugs. I don't want to be that kid who was the son of the head coach of the Eagles, who was spoiled and on drugs and OD'd and just faded into oblivion."

"Garrett Reid, the oldest son of Philadelphia Eagles coach Andy Reid, was found dead Sunday morning in his room at training camp at Lehigh University." Garrett's legal troubles and struggle with addiction were widely publicized over the years due to his high profile father. After leaving prison he fought hard to change this legacy and was employed as a trainer with the team at the time of his death. "Garrett’s road through life was not always an easy one. He faced tremendous personal challenges with bravery and spirit. As a family, we stood by him and were inspired as he worked to overcome those challenges. Even though he lost the battle that has been ongoing for the last eight years, we will always remember him as a fighter who had a huge, loving heart." [more inside]
posted by furiousxgeorge on Aug 7, 2012 - 17 comments

Our country has never solved anything with less democracy

With the U.S. Presidential election about 3 months away, and voter ID laws headed to court this Wednesday in Pennsylvania and in other states like Texas and Minnesota, Propublica tells you Everything You’ve Ever Wanted to Know About Voter ID Laws. A solution to a nonproblem. [Previously] [more inside]
posted by cashman on Jul 23, 2012 - 96 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

The law school scam as a cognitive bias

Discover Magazine posted a couple of blog entries about the law school scam as a cognitive bias and why law school tuition isn't more dispersed.
posted by reenum on Jul 6, 2012 - 52 comments

"The justice system is invisible, unable to deter or heal."

In July 2007, NPR published a two part series (direct links: 1, 2) about a four year old uninvestigated rape case at the Standing Rock Sioux Reservation. Sparked in part by a 2006 report (pdf) from Amnesty International that included a startling statistic: "One in three Native American women will be raped in her lifetime," NPR's investigation led to the reopening of the case and Congressional hearings. In February 2011, Harper's published an update of sorts: Tiny Little Laws: A Plague of Sexual Violence in Indian Country (Via)
posted by zarq on Jul 6, 2012 - 14 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

Faster and Furiouser

"The truth about the Fast and Furious scandal: A Fortune investigation reveals that the ATF never intentionally allowed guns to fall into the hands of Mexican drug cartels. How the world came to believe just the opposite is a tale of rivalry, murder, and political bloodlust." [more inside]
posted by andoatnp on Jun 27, 2012 - 63 comments

Circumcision in Germany is now illegal

A German court has ruled that male circumcision is "bodily harm" and that a child's right to "physical integrity" trumps parental or religious rights. Jews and Muslims have reacted strongly to the decision, with some going as far to allege anti-Semitism. Intactivists are generally pleased.
posted by mrgrimm on Jun 27, 2012 - 493 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

British Columbia court legalizes assisted suicide

The British Columbia Supreme Court has struck down a ban on physician-assisted suicide, in a whopping 1415-paragraph decision. [more inside]
posted by Lemurrhea on Jun 15, 2012 - 57 comments

“So if we continue voting like this in the (House of Commons), there’ll be no b-day for me this year?” tweeted NDP MP Hoang Mai.

It is still June 13 for the Parliament of Canada, where voting has continued overnight on the "omnibus budget bill" (previously), due to 159 separate amendment votes that have been forced by the opposition. None are likely to pass, but the arduous process is meant to function as a protest against legislation which many critics have argued goes far beyond the scope of a traditional budget. [more inside]
posted by mek on Jun 14, 2012 - 76 comments

10 Faces Behind The Incredible Law School Underemployment Crisis

10 Faces Behind The Incredible Law School Underemployment Crisis
posted by reenum on Jun 1, 2012 - 32 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

what the hell is being a lawyer for?

Lawrence Lessig, erstwhile Free Culture advocate now given to fighting corruption on a larger scale, delivers a commencement address. "There is no one in the criminal justice system who believes that system works well. There is no one in housing law who believes this is what law was meant to be. In contracts, you read about disputes involving tens, maybe a hundred dollars. The disputes of ordinary people. These disputes are not for the courts any more. Or if they are, they are for courts that are an embarrassment to the ideals of justice from our tradition. The law of real people doesn’t work, even if the law of corporations does."
posted by the mad poster! on May 30, 2012 - 24 comments

“Outrageous facts,” “evil villains” and “sympathetic clients.”

Louisiana monks go to court to sell their caskets. “The number one thing you should do as a public interest litigator is to get monks as your clients in every single case.”
posted by Ice Cream Socialist on May 30, 2012 - 90 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

This is the story of Brian Banks

In 2002, Brian Banks was a sought-after high school football phenom until he was accused of kidnapping and raping a female student. On the advice of his lawyers, he pleaded no contest and served 6 years in prison. Then his accuser recanted. That's when the Innocence Project stepped in to help exonerate Brian Banks. CA Innocence Project filing here; informative if you skip right to the "Statement of Facts" part.
posted by lalex on May 25, 2012 - 146 comments

Read No Evil

Dalal al-Mutairi, the senior book censor for the Kuwaiti government, sits down for a chat about her job and what it entails.
posted by reenum on May 15, 2012 - 38 comments

Money Unlimited

Money Unlimited How John Roberts Orchestrated the Citizens United decision. [more inside]
posted by modernnomad on May 15, 2012 - 87 comments

Data trove reveals scope of law schools' hiring of their own graduates

A report by the ABA shows that some law schools hire as many as 15% of new graduates in an effort to boost employment numbers.
posted by reenum on May 4, 2012 - 78 comments

Uncatchable

George Wright, America's most elusive fugitive, ran for forty years. He ran from the cops after escaping from prison. He ran from the feds after the most brazen hijacking in history. He ran from the authorities on three continents, hiding out and blending in wherever he went. It was a historic run—and now that it's over, he might just pull off the greatest escape of all.
posted by vidur on May 3, 2012 - 75 comments

When it comes to prosecuting speech as support for terrorism, it’s the thought that counts.

On April 12, Tarek Mehanna was sentenced to 17 and a half years in prison. The sentence has renewed worries about the extent to which political speech might be counted as material support for terrorism and possible effects on Al Qaeda recruitment efforts. One wonders just how far the law might go. [more inside]
posted by Jonathan Livengood on Apr 23, 2012 - 151 comments

Apple and the Big Five

The U.S. has filed an antitrust lawsuit against Apple and five of the largest publishers, alleging a conspiracy to rig the pricing of e-books. Simon & Schuster, Hachette and HarperCollins have agreed to settle, though Macmillan, Penguin and Apple continue to contest the charges. Some background from WIRED: Bigger Than Agency, Bigger Than E-Books: The Case Against Apple and Publishers
posted by Artw on Apr 11, 2012 - 192 comments

The News Corporation scandals

Murdoch's Scandal - Lowell Bergman (the journalist portrayed by Al Pacino in The Insider) has investigated News Corporation for PBS Frontline [transcript]. He depicts Rupert Murdoch's British operation as a criminal enterprise, routinely hacking the voicemail and computers of innocent people, and using bribery and coercion to infiltrate police and government over decades. Enemies are ruthlessly "monstered" by the tabloids. Bergman also spoke to NPR's Fresh Air [transcript]. But the hits keep coming: in recent days News Corp has been accused of hacking rival pay TV services and promoting pirated receiver cards in both the UK and Australia. With the looming possibility of prosecution under America's Foreign Corrupt Practices Act, how long will shareholders consider Rupert Murdoch irreplaceable? [Previous 1 2 3 4]
posted by East Manitoba Regional Junior Kabaddi Champion '94 on Mar 28, 2012 - 58 comments

"The stories of these cases are very painful."

This is an animated documentary about Mohammad Mostafaei who is an Iranian lawyer in exile in Norway. Mostafaei specialized in advocating for defendants who faced the death penalty and the animation focuses on one of these cases, that of Behnoud Shojaee. The animation features Paul Bettany reading Mostafaei's words, is a part of Amnesty International's campaign against the death penalty.
posted by Kattullus on Mar 28, 2012 - 3 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

Stag Party

The GOP’s woman problem is that it has a serious problem with women. Frank Rich on George Stephanopoulos's unanswered question, how the Republicans have shifted to being the party of misogyny since the 70s, and why Mitt Romney would be just as bad as Rick Santorum.
posted by Artw on Mar 27, 2012 - 160 comments

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