The judge also finds that the two adult stem cell researchers who brought the case would suffer imminent and irreparable harm without the injunction because they would have to compete with embryonic stem cell researchers for research funds. That is absurd. Adult stem cell research is funded far more generously than work with embryonic stem [...]
random quotes ... to amuse, inspire, enrage:
If you are an artist or author who cares more than about the near-term value of your work, you should be worried and be careful about releasing your work only in copy protected form. Like the days when "art" was only accessible to the rich, two classes will probably develop: Copy protected and not copy protected, the "high art" and "folk art" of tomorrow.
Archive for the 'law' Category
The Supreme Court on Tuesday released its decision in Berghuis v. Thompkins, reversing the 6th Circuit and eviscerating the simple bright line rule of Miranda: The police must advise suspects of their rights; for responses to police questioning to be admissible in court, the suspects must make a knowing, intelligent and voluntary waiver of those [...]
American Needle v. NFL is out ….
Some great commentary coming out in the wake of Rand Paul’s floundering attempts to dodge explaining his philosophy. For instance, this from No More Mister Nice Blog: Here’s the thing: segregation at lunch counters didn’t exist because individual privately owned businesses were determining for themselves that they would not serve black people. They relied on [...]
Oh man, Rand Paul was on Rachel Maddow weaseling around a straight-up answer on his views of whether the federal government can prohibit discrimination in public accommodations. A, I thought this guy was supposed to be glib and personable? This was one of the least smooth, least adept weaseling’s I’ve ever seen. Maybe that’s all [...]
Yesterday Rep. Alan Grayson questioned Rep. Paul Broun of Georgia on the meaning of Bills of Attainder, in regards to one of the anti-ACORN bills / amendments floating through Congress. Delightful. I’m linking to it through Glenn Greenwald’s blog, who brought it to my attention, because Greenwald is almost always worth reading.
Just like Maddow after Jindal, I am rendered speechless by the DOJ memos released on Monday. Most were by my former Con Law professor; among the notable exceptions was the repudiation of these policies last October. Holy Constitutional Law, Batman. * DOJ – Office of Legal Counsel memos * NYT (3/3) * LAT (3/3) * [...]
Well, I loved the California same-sex marriage decision. Not just because it granted same-sex marriage, and not just because it said that the state needs to use the same term to refer to same-sex and opposite-sex unions, but because it significantly expanded Equal Protection jurisprudence. For the non-law-geeks out there, federal and state constitutional guarantees [...]
Sadly, Linda Greenhouse is leaving the NYT. I hope she enjoys her retirement, and I hope the NYT manages to get another legal reporter who’s as good as Greenhouse. And, dare I say it, another high-profile woman on staff.
Go Carl Malamud, freeing the law! The same Carl Malamud that pushed SEC’s EDGAR database to be open has now published 1.8 million United States court opinions. The project was announced in November, and just three months later, it’s online. The opinions are at Malamud’s main website, resource.org, and there is now a special website [...]
Randy Cohen’s NYT “The Ethicist” column took on “ethics” versus “legality” and got it right. The Ethicist, Feb. 24, 2008.
Speaking of penumbra yet again (1, 2) , I had previously blogged about a Circuit split on laws banning sex toys — it was Valentine’s Day, and I was feeling a bit whimsical, so I wished for a “penumbra” that would strike down stupid laws. LawPundit “ha[s] an opinion” on my wish for a penumbra [...]
In Venezuela, the National Assembly is considering restricting all baby names to a total list of 100 names. This will eliminate the wide variety of inventive names that people assign, and will eliminate names that “generate doubt” about gender. NYT 9/5 Because there just aren’t enough laws dictating gender now.
The District Court of Utah has issued a decision and order finding that SCO does not own parts of Linux (D.Utah 2007/8/10). The lengthy litigation (funded in part with Microsoft’s investments in SCO) was the only serious shadow hanging over Linux, although the claims seemed bogus when examined closely. (I also liked this chart that [...]
I’ve written before about the ways in which criminalizing specific medical procedures — e.g., the “partial birth abortion act” — is a technological mandate. As a technological mandate, bans on specific abortion procedures are subject to all the same flaws, overreaches, underreaches, definitional problems, and obsolescence problems that mandates involving technological protection measures for copyrighted [...]
I really can’t stand it when politicians engage in cheap & sleazy grandstanding, knowing that what they’re doing is actually irrelevant. I’m speaking of Mitt Romney’s “lawsuit” to get the Mass. courts to step in to force the Mass. legislature to vote on an anti-same-sex-marriage amendment. [nyt 11/25] Cheap & sleazy political grandstanding may be [...]
(edited & corrected as I learn more) According to MacObserver, the French legislation opening DRM (like that on apple’s ipod) has now passed into law. Presumably, this was supposed to open up Apple’s scheme to competitors so music purchased at iTunes store will play on other devices. According to consumer groups this portion was quite [...]
The Supreme Judicial Court of Massachusetts finally issued its ruling on out-of-state residents marrying in Massachusetts, upholding a previously moribund statute that had been dusted off especially for same-sex marriages. [nyt 3/30; Cote-Whiteacre v. Mass. Dept. of Public Health, SJC-09436 (Mass. SJC 2006/3/30)]
Right-wing homophobes have been freaking out over the Åke Green’s conviction under a Swedish hate speech code. They were particularly incensed because Green made his anti-gay comments from a church pulpit, and hailed the conviction as a sign of the treacherous path of hate speech codes. His conviction was reversed on appeal and then the [...]
… DRAFT: a work in progress; will be updated as I review more cases (or find typos) … Well, according to NPR, Judge Sam Alito from the Third Circuit is nominated. I’m sure that everyone will be all over his record on every conceivable issue in no time at all, but I’m looking at his [...]