"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]
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.
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.
The British Columbia Supreme Court has struck down a ban on physician-assisted suicide, in a whopping 1415-paragraph decision. [more inside]
“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]
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.
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."
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.”
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]
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.
Dalal al-Mutairi, the senior book censor for the Kuwaiti government, sits down for a chat about her job and what it entails.
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.
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.
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]
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
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]
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.
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.
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.
The Naked Rambler now in prison for 6 years for nudity Six years ago, Naked Rambler Stephen Gough's hike from Land's End to John O'Groats brought him media fame – and a prison sentence. Then another, and another, and… why has he been locked up ever since?
Supreme Court Expands Right to Counsel in Plea Bargains. In a legal landscape that has enforced a right to counsel for criminal defendants, but not, practically speaking, a right to effective counsel except in extreme circumstances (ie: when you can prove that but for the gross incompetence of your counsel, the outcome of the case would have been different) and where the vast majority of criminal cases are resolved through plea bargaining, these two cases may be hugely influential in increasing the rights of the accused.
With the number of LSAT test takers in sharp decline, has the law school tuition bubble finally burst?
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]
In a new working paper provocatively entitled Law Deans in Jail, Emory law professors Morgan Cloud and George Shepherd
examine the widespread reports of lying by law schools and their administrators, and the publication of these fabrications by U.S. News, and explain how the reported conduct could constitute federal crimes, [specifically] mail and wire fraud, conspiracy, and racketeering.Advisory: 77-page PDF; click on the link on the top-left to download the full paper. [Abstract]. Previously. Previouslier. [Via the always trenchant Margaret Soltan].
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.
The United States Court of Appeals for the Eleventh Circuit ruled yesterday [.pdf] that a citizen's refusal to decrypt encrypted drives is protected by the Fifth Amendment, at least under some circumstances. In doing so it reversed the district court's contempt order entered against a John Doe defendant after he refused to decrypt his laptop hard drive and five external hard drives in response to a subpoena. This decision arguably conflicts with an earlier decision in which a district court in Vermont required a defendant to provide the password to his encrypted drives. The Eleventh Circuit distinguishes the earlier case on the basis that the government in that case knew of the existence of the files and simply couldn't access them, while in the recent case the government did not know the names of files or even whether or not files actually existed on the encrypted drives.
The Control Revolution And Its Discontents - "the long process of algorithmisation over the last 150 years has also, wherever possible, replaced implicit rules/contracts and principal-agent relationships with explicit processes and rules."
Are the X-Men Human? The US government says yes, these people are no different from you or I, but Marvel claims their strange mutations and powerful augmentations move them beyond humanity into the realm of monsters, angels and devils. This Radiolab short explains why Marvel Toys argued in the US Court of International Trade that Wolverine, Professor X and Storm are inhuman. [more inside]
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]
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]
At reddit we care deeply about not imposing ours or anyone elses’ opinions on how people use the reddit platform. We are adamant about not limiting the ability to use the reddit platform even when we do not ourselves agree with or condone a specific use. We have very few rules here on reddit; no spamming, no cheating, no personal info, nothing illegal, and no interfering the site's functions. Today we are adding another rule: No suggestive or sexual content featuring minors. - After much complaint, Reddit gets rid of /r/jailbait and selected subreddits with similar content.
"The Fraley plaintiffs sued Facebook, alleging that its 'Sponsored Stories' feature, which displays ads on Facebook containing the names and pictures of users who have 'Liked' a product, violated California’s Right of Publicity statute. The statute forbids the commercial use of an individual’s name or likeness without consent. Integral to the plaintiffs’ claim was the assertion they had been injured because they were “celebrities” to their Facebook friends, such that their endorsements of the products in the Sponsored Stories held economic value—economic value that they were deprived of when Facebook published their Stories without their consent." - Famous for Fifteen People (Stanford Law Review): Celebrity, Newsworthiness, and Fraley v. Facebook (Citizen Media Law Project)
The main thing about impersonation, Tom thought, was to maintain the mood and temperament of the person one was impersonating, and to assume the facial expressions that went with them.
Gigi Gordon dies at 54; crusading criminal defense lawyer. 'Defense attorney Gigi Gordon, who was hailed as 'an unstoppable force for justice,' battled corrupt police and overzealous prosecutors to free dozens of prisoners who had been wrongfully convicted.''"She changed the way criminal law was practiced in this county," said her ex-husband, Andrew M. Stein, who also is a criminal defense lawyer. "People don't realize how many people she set free."' [more inside]
Con Artist Starred in Sting That Cost Google Millions - The government's case also contained potentially embarrassing allegations that top Google executives, including co-founder Larry Page, were told about legal problems with the drug ads. [more inside]
UK Photographers who compose a picture in a similar way to an existing image [PDF] risk copyright infringement, lawyers have warned following the first court ruling of its kind.
In a unanimous decision [PDF], the Supreme Court has ruled on United States v. Jones and found that placement of a GPS tracker on a car by police is a violation of the fourth amendment—but is the ruling as clear-cut as it seems? [more inside]
David Grann of the New Yorker writes about the power of the Aryan Brotherhood inside America's federal prisons.
All this brings me to an Indian I want you to know better than his jury did—Douglas Ray Stankewitz, the longest tenured inmate on California’s death row. Like most Indians who find themselves in a group of non-Indians, he is currently known as Chief, but unlike many Indians, he is proud of the nickname. The government wants to kill Chief because Theresa Greybeal was shot dead in the course of a robbery by a group of people high on heroin, and there is no question that Chief was one of them. There is a serious question about who pulled the trigger, and juries are reluctant to kill individuals who did not pull the trigger. But as far as his jury knew, Douglas Stankewitz pulled the trigger. And he might have, but we will never know, based on his trial.
What's one thing the major GOP candidates can all agree on? Why, the need to be hard on porn, of course. Morality in Media (MIM, previously) recently revealed that presidential hopefuls Santorum, Romney, and Gingrich had all affirmed the group's drive for "enforcement of obscenity laws". And the multi-billion-dollar per year industry? Adult Video News responds to the campaign (nsfw ads).
The Obama White House formally speaks out against SOPA, PIPA. The Obama White House has come out against the Stop Online Piracy Act. The move has -- unsurprisingly -- drawn responses from the MPAA, RIAA, and other interested parties.
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]
My Guantánamo Nightmare. Lakhdar Boumediene was imprisoned at Guantanamo Bay for seven years without explanation or charge until his case made it to the Supreme Court, leading to a decision which bears his name and his release ordered by a federal judge. The NYTimes has his and another account from another former detainee: Notes From a Guantánamo Survivor. [Via]
England's Obscenity Trial of the Decade is over, with unanimous Not Guilty verdicts being returned for all 6 charges. R v Peacock was a rare outing for the Obscene Publications Act 1959 and its out-lawing of media which depraves and corrupts, and despite being shown DVDs of explicit homosexual acts, fisting, testicular torture, rape scenes, prolaspses and other acts the prosecution described as extreme the jury decided the material didn't breech the law. Alex d. live tweeted the proceeding and Peacock's supprters are celebratory. The question now is what is obscene in today's society, and is the act still relevant. [more inside]
Bugs and Beasts Before the Law - "Murderous pigs sent to the gallows, sparrows prosecuted for chattering in Church, a gang of thieving rats let off on a wholly technical acquittal – theoretical psychologist and author Nicholas Humphrey explores the strange world of medieval animal trials." More on the theme of barnyard scapegoats from the BBC podcast documentary: Animals on Trial.