One year after the
Citizens United v. Federal Election Commission decision, which, overturning over 100 years of precedent, opened a floodgate of corporate money into election campaigns, Virginia Lyons (D-VT), has introduced
legislation (full text of bill not yet available, articles
here and
here) in the Vermont State Senate to amend the United States Constitution to explicitly state that corporations are
not persons.
This would overturn the controversial notion of
corporate personhood which was established in the 1800s. Controversial not only for the unequal distribution of rights and responsibilities among humans and corporations, some, like
Thom Hartmann (
previously), have claimed that the notion of corporate personhood was established as an
intentional misinterpretation of the decision as recorded by court reporter J.C. Bancroft Davis, former president of the Newburgh & New York Railway Co.
[more inside]
posted by laminarial
on Jan 24, 2011 -
102 comments
Judge Rules "Don't Ask, Don't Tell" Is Unconstitutional - Judge Virginia A. Phillips of Federal District Court struck down President Clinton's
Don't Ask, Don't Tell (DADT) policy in an
opinion (Scribd) issued late Thursday, ruling on the constitutionality of a complaint brought by the
Log Cabin Republicans (PDF). President Obama's Justice Department has until a September 23 deadline to submit objections to the court regarding Judge Phillips's permanent injunction, which is uncertain given Obama's previous support of his Department of Justice defending the legality of DADT, despite his opposition to DADT in principle.
posted by Blazecock Pileon
on Sep 9, 2010 -
91 comments
"Melissa" (name changed for privacy) is a transwoman who was badly injured in a car accident and is in hospital in critical condition. While in treatment, some of the medical staff and her family decided that since she still had a "male" body, to make things "less confusing", they will
erase 4 years of her female identity by referring to her as a man and taking her off her hormone therapy. (Warning: possible triggers) As little light puts it:
And if she woke up as from a deep sleep, she’d wake up into a world where her best friend was dead, where her body had been forcibly edited back to its pre-transition state and given a few more years of the influence of testosterone to boot, where her memory and self were hazy and confusing and nobody was calling her by the right name and pronouns, they were in fact pretending four years of her life, the four years she finally got to be honest and true to herself, those had never happened, and shh, she’s just confused, shhhh, calm down, let’s work on fixing your memory some more.
[more inside]
posted by divabat
on Jan 13, 2010 -
147 comments
A Magistrate Judge in the U.S. District Court in Vermont has ruled that a man allegedly caught with child pornography on his laptop need not reveal his PGP password (yes, authorities shut down the laptop and now can't get at the alleged porn) pursuant to the Fifth Amendment's protections against self incrimination. The decision is
here[PDF]. A decent write-up (from CNET of all places) is
here. This appears to be the first decision ever to directly address this issue, and many commentators had thought it would come out differently. The major question is whether revealing one's PGP key is "testimonial" or not. According to the
Supreme Court, giving up fingerprints or blood samples isn't, nor is standing for a lineup, nor is handing over the key to a safe, but if it's
combination safe, well maybe that's
different. Never let it be said that your Fifth Amendment rights are easy.
posted by The Bellman
on Dec 15, 2007 -
57 comments
The First Freedom Project --new from the Dept of Justice,
announced at the Southern Baptist Convention along with a call for their help---specifically and only to protect the religious from discrimination against them. Many are not impressed:
The administration has often ignored the importance of the no establishment principle by supporting attempts of governments to endorse a religious message, using tax dollars to fund pervasively religious organizations, allowing religious discrimination in hiring for federally funded projects, ... Legal strategies and actions from groups like the
Alliance Defense Fund and
ACLJ are now official DOJ policy, it appears.
...In his statement, Gonzales mentioned several cases litigated by ADF and its allies ...
posted by amberglow
on Feb 23, 2007 -
56 comments
Sherri Finkbine --as reported by BBC News, on this day in 1962 (video clip too)--her travails and travels, the law, publicity, and what happened afterwards. (more here from
American Prospect in 05:
...A Gallup Poll taken that year showed that the majority of Americans supported Finkbine, and her case was a turning point ...)
posted by amberglow
on Aug 26, 2006 -
16 comments
DHS's CyberStorm-- --Recognizing the imminent threat hippies and assorted leftists obviously pose to us all, a massive cyber terror simulation (international and involving 115 organizations) recently came to light:
...The attack scenario detailed in the presentation is a meticulously plotted parade of cyber horribles led by a "well financed" band of leftist radicals who object to U.S. imperialism, aided by sympathetic independent actors.
At the top of the pyramid is the Worldwide Anti-Globalization Alliance, which sets things off by calling for cyber sit-ins and denial-of-service attacks against U.S. interests. WAGA's radical arm, the villainous Black Hood Society, ratchets up the tension on day one by probing SCADA computerized control systems and military networks ...
posted by amberglow
on Aug 17, 2006 -
28 comments
"If anything, a civil rights background is considered a liability." Meet the politically-appointed career staffers of the Justice Dept.'s Civil Rights Division:
... the kinds of cases the Civil Rights Division is bringing have undergone a shift. The division is bringing fewer voting rights and employment cases involving systematic discrimination against African-Americans, and more alleging reverse discrimination against whites and religious discrimination against Christians. ... Thorough Boston Globe article on how the administration disbanded the hiring committee in 2002 to appoint lawyers with a very different vision of what civil rights are, and the ensuring and ongoing results.
posted by amberglow
on Jul 23, 2006 -
24 comments
Texas Riparian Law I found this intriguing because I 1) live in Texas, 2) have walked many Texas creekbottoms, 3) have a lot of lawyer friends, and 4) as an English major, find the language somehow beautiful.
posted by rleamon
on Jun 29, 2006 -
25 comments
Eighth grader Anthony Soltero shot himself on Thursday, March 30, after the assistant principal at De Anza Middle School told him that
he was going to prison for three years because of his involvement as an organizer of the April 28 school walk-outs to protest the anti-immigrant legislation in Washington. The vice principal also forbade Anthony from attending graduation activities and threatened to fine his mother for Anthony's truancy and participation in the student protests."
Anthony was learning about the importance of civic duties and rights in his eighth grade class. Ironically, he died because the vice principal at his school threatened him for speaking out and exercising those rights," ...
posted by amberglow
on Apr 7, 2006 -
206 comments
Laurel Hester, RIP --because she and her partner fought, New Jersey police and fire department employees can now name anyone--not just a spouse--as a beneficiary for pension rights, helping to protect those they love after they're gone. Just one person who made a difference.
posted by amberglow
on Feb 20, 2006 -
15 comments
Red State, Meet Police State --take a big anti-Bush bumper sticker, some DHS cops, and an outspoken and educated federal employee. Put them in Boise, Idaho. Mix well.
"It's the First Amendment for a reason--not the last, not the middle. The first."
posted by amberglow
on Feb 16, 2006 -
251 comments
So, what now? Do
they charge
him?
He's an
American citizen who's spent 2½ years in custody - charged with no crime - without his lawer, access to due process, habeas corpus, etc.
He has no constitutional safeguards and can be held like that because the president says he can be held like that.
Who says the president has that power? The president does.
Could he
have even made a
"dirty bomb?"
posted by Smedleyman
on Mar 2, 2005 -
29 comments
Only in 1967 did Loving v. Virginia overturn vigorously-enforced laws against interracial marriage in these 15 states--Alabama, Arkansas, Delaware, Florida, Georgia, Kentucky, Louisiana, Mississippi, Missouri, North Carolina, Oklahoma, South Carolina, Tennessee, Texas, Virginia, and West Virginia. Only in 1964 did the
Civil Rights Act overturn laws against equal access to voting, public accommodation, and public education. Only in 1963 did the
Equal Pay Act mandate that men and women be paid the same wage for the same work at the same job.
History isn't a superhighway, leading us in straight lines toward utopia. We
fall back and we
move forward, but over the past fifty years, the United States has become considerably more inclusive and equality of access to opportunity has widened. Take a look at
this article from the
Atlantic Monthly in 1956--1956!--if you don't believe me.
posted by Sidhedevil
on Nov 4, 2004 -
190 comments
The Just Cause Law Collective is an excellent resource for outlining what your rights as citizens or non-citizens are within the U.S. in text and illustrations that are understandable by the layperson. It also includes advice on how to survive police encounters and a special section for activists.
via
BoingBoing
posted by substrate
on Aug 23, 2004 -
22 comments
I Think (Therefore) I'm Guilty? A convicted sex offender is barred from public parks and the zoo in Lafayette, Indiana after he revealed to his psychologist that he entertained thoughts of sexual contact with children, while visiting a park. Here's John Doe's
history of arrests and charges for alleged sexual offences.
posted by Gyan
on Aug 2, 2004 -
59 comments
Every gay and lesbian federal employee has just lost their protection from discrimination. Gay and lesbians in the entire federal workforce have had their job protections officially removed by the office of Special Counsel. The new Special Counsel, Scott Bloch, says his interpretation of a 1978 law intended to protect employees and job applicants from adverse personnel actions is that gay and lesbian workers are not covered.
Bloch said that the while a gay employee would have no recourse for being fired or demoted for being gay, that same worker could not be fired for attending a gay Pride event.
posted by amberglow
on Mar 17, 2004 -
21 comments
How I Lost the Big One Lawrence Lessig on losing Eldred v. Ashcroft: "We had in our Constitution a commitment to free culture. In the case that I fathered, the Supreme Court effectively renounced that commitment. A better lawyer would have made them see differently."
posted by ericost
on Mar 3, 2004 -
40 comments
We interrupt your war on terror to attack abortion rights...
The Bush administration has declared that
a fetus is an unborn child. And why not? Everyone believes in prenatal care. And of course, if the government wanted to extend medical coverage to poor pregnant women under the Children's Health Insurance Program (CHIPS), it could have done so directly. But then, what fun is that?
posted by jellybuzz
on Jan 31, 2002 -
84 comments
