bankbryan + law   300

In The Courts: The State of NBA Betting
"Spillane believes it’s hard to imagine the NBA expands its injury-reporting policy to include injuries that might affect performance without 'hundreds of reports being filed constantly' by NBA teams. 'While it’s a fair question to raise, it’s not obvious how you would construct a rule that would require disclosure of that kind of thing without becoming all-encompassing and requiring a much more burdensome, intrusive and wide-range of disclosures than we have today,' Spillane says."
a:Tom-Haberstroh★  p:NBC-Sports  d:2018.12.13  w:3000  NBA  gambling  law  from instapaper
9 weeks ago by bankbryan
Three Remarkable Things About Michael Cohen's Plea
"Even if the pursuit of the hotel deal wasn’t criminal (and there’s no evidence that it was), everyone in Trump’s orbit who made statements about it—whether under oath or in interviews with the FBI—is in jeopardy today. They’re not just in danger from Mueller, either. In just weeks, a Democratic majority will take over the House of Representatives. Control of committees will shift, and subpoenas will fly like arrows at Agincourt. Each hearing will present new terrible choices: Take the Fifth, tell uncomfortable truths, or lie and court perjury charges? Each subpoena is a new chance for frightened Trump associates to make new bad decisions like the ones that have felled Cohen and Manafort and Gates and Flynn and Papadopoulos."
a:Ken-White★★★  p:The-Atlantic★★  d:2018.11.29  w:1000  Donald-Trump  law  from iphone
11 weeks ago by bankbryan
Markelle Fultz's Latest Shoulder Saga Could Have Legal Implications
"If Fultz believes his health problem could prove career-altering, there may be contractual considerations. In addition to his guaranteed 3-year, $25.1 million contract with the 76ers, Fultz has signed a multi-year, multi-million dollar endorsement deal with Nike. He may also have purchased insurance in the case of a career-ending injury. The obligation of Nike and an insurance company to pay Fultz could be impacted by the nature of his injury and whether there is agreement as to it precluding him from playing."
a:Michael-McCann★★  p:Sports-Illustrated/The-Crossover★★  d:2018.11.20  w:2000  law  NBA  Sixers  contracts  from instapaper
november 2018 by bankbryan
Above It All: How the Court Got So Supreme
"Even when the justices travel in style, there can be squabbles. Some years back, Stephen Breyer flew privately to Paris for a speaking engagement. Like other justices, he sometimes stayed at the U.S. Embassy. For the first night, he and his wife got the best suite, because he was the highest-ranking American dignitary in town. But Anthony Kennedy, more senior on the Court, arrived the next day — and nobody had told the Breyers. They were forced to move to lesser quarters and were less than thrilled. For some reason, it was Kennedy who was more annoyed at the whole thing, even though he and Breyer were close. At the event for which they were both in town, Kennedy gave his remarks first. Breyer was next, speaking in fluent French, at which point Kennedy murmured to another guest, 'He thinks he knows French, but I don’t think anybody understands a single word he’s saying!' (These days, Breyer is learning Spanish.)"
a:David-A-Kaplan  p:Longreads★★  d:2018.09.06  w:5000  law  politics  history  from instapaper
november 2018 by bankbryan
Some Friendly Advice To New Law Students
"Learn to believe in things. If you're ever going to be an advocate, or an adviser, you need to be able to believe in things. When you get up and defend someone charged with a crime, you need to believe in something, or the judge and jury sees you're just going through the motions and nails your client. You don't have to believe your client is good or innocent, but you have to believe passionately in *something* – that the system or the charges are unjust, that the punishment is disproportionate, or that the system is *right* to give every accused person an advocate and by God you are that advocate and you believe in your duty. It's the same with a civil client. You don't have to believe they're right, but you have to get up there and believe that we resolve disputes through zealous advocates, and believe in being that advocate."
a:Ken-White★★★  p:Popehat★★★  d:2018.08.16  w:1000  instructional  law  education  from instapaper
august 2018 by bankbryan
The Potential Legal Consequences of Bryan Colangelo's Twitter Controversy
"The 76ers also have reason to investigate if any company property, including company issued computers or iPhones, may have been used by Colangelo to engage in conduct that harms the franchise. As explored below, such conduct would make it more possible for Harris to fire Colangelo 'for cause'. For an NBA team, analytics formulas and trade and draft strategies could be considered 'information' or 'design' of a confidential character. Under Pennsylvania law, disclosure of a trade secret can be classified as unlawful misappropriation when the person who made the disclosure had a duty to keep such information confidential. While the 76ers wouldn’t sue Colangelo, should the team determine that he misappropriated information, it would make it much easier for the team to fire Colangelo for cause."
a:Michael-McCann★★  p:Sports-Illustrated/The-Crossover★★  d:2018.05.30  w:3000  law  NBA  Twitter 
may 2018 by bankbryan
Lawsplainer: Michael Cohen's Attempt To Delay The Stormy Daniels Litigation
"Here, Essential Consultants (supported by Trump) moved the case from California state court to United States District Court for the Central District of California, because Clifford is from Texas, Trump lives in DC, and Essential Consultants is a Delaware company. The notice of removal is here."
"Was that a good idea?"
"No it was not. Conventional wisdom is that federal courts are better for the defense and more likely to enforce arbitration agreements. However, federal judges move faster and abide by deadlines and rules more closely, and are substantially less tolerant of bullshit than state judges. If substantial portions of your defense are premised on bullshit and delay, don't remove to federal court."
a:Ken-White★★★  p:Popehat★★★  d:2018.04.16  w:2500  explainer  law  Donald-Trump  from instapaper
april 2018 by bankbryan
Why the F.B.I. Raid Is Perilous for Michael Cohen — and Trump
"It’s significant that Mr. Mueller sent this matter to the federal attorney’s office in New York for it to pursue. Mr. Mueller is empowered to investigate both alleged coordination between Russia and the Trump campaign and any matters 'that arose or may arise directly from the investigation'. Mr. Mueller’s referral of the Stormy Daniels matter to New York suggests he believes it is outside that scope of his investigation. Perhaps it arose from press coverage of Ms. Daniels’s incendiary claims and from the bumbling and inconsistent public responses of Mr. Cohen and President Trump. In other words, this could be an own goal by the president and Mr. Cohen."
a:Ken-White★★★  p:The-New-York-Times★★  d:2018.04.10  w:1000  Donald-Trump  law-enforcement  law  from iphone
april 2018 by bankbryan
The Case Against Jaywalking Laws
"Eliminating jaywalking and similar offenses won’t lead to anarchy on American roads. It’s not illegal in countries like the Netherlands and the United Kingdom, for example, and both countries enjoy markedly fewer traffic fatalities than the United States. It’s not clear how much money flows into state coffers from pedestrian tickets, but it’s likely far less than traffic tickets for drivers. Any lost income may also be offset by the savings for police departments. Fewer unnecessary contacts between officers and citizens means fewer costly lawsuits and officer dismissals. The greatest benefit, however, would be to over-policed communities who bear the brunt of jaywalking enforcement. There’s no convincing reason that Johnnie Jermaine Rush, Nandi Cain Jr., and Michael Brown should have been stopped by police in the first place."
a:Matt-Ford  p:The-New-Republic★★  d:2018.03.12  w:1500  law  race  law-enforcement  walking  roads  Ferguson  from twitter
march 2018 by bankbryan
Where Old, Unreadable Documents Go to Be Understood
"Most of the documents that people need to understand, though, are wills and legal papers, which have their own pleasures. 'The inventories I love,' she says. 'It’s like someone comes to the front door and says, come on in to my house and have a look around.' They list featherbeds, high beds, low beds, folding beds, cupboards and chairs, fire irons and spits. One will mentioned a dog spit, which would have involved chains attaching a spit to a wheel turned by a dog. One man listed every book in his library. A woman described each piece of her wardrobe, down to her second-best red flannel petticoat, and specified which great-niece or -nephew should receive each item."
a:Sarah-Laskow★  p:Atlas-Obscura★  d:2018.02.08  w:2000  history  law  from twitter
march 2018 by bankbryan
What Congress Has Accomplished Since the Sandy Hook Massacre
"More than five years have passed since the shooting at Sandy Hook Elementary School, where 20 children and six adults were killed. In that time, dozens of gun control proposals have been introduced in Congress attempting to fix glaring issues with gun safety and regulation. More than 1,600 mass shootings have taken place in America since then. Here is a guide to what Congress has — or, more accurately, has not — accomplished during this time."
a:The-New-York-Times-Editorial-Board  p:The-New-York-Times★★  d:2018.02.15  w:500  guns  law  from twitter
february 2018 by bankbryan
Lawsplainer: "Fruit of The Poisonous Tree" And The Special Counsel Investigation
"So you're saying 'fruit of the poisonous tree' isn't a thing?"
"It is a thing. But it is not anything like the thing being imagined here."
"Look, I know you're a federal criminal defense lawyer and everything, but the fellow on Twitter seemed quite firm about this."
"I'm sure."
a:Ken-White★★★  p:Popehat★★★  d:2018.02.12  w:1500  explainer  law  Donald-Trump  from instapaper
february 2018 by bankbryan
In Russia Inquiry, Lawyers Tell Trump to Refuse Mueller Interview
"Mr. Cobb had told the president and the public that the Mueller inquiry would be over by the end of 2017, or soon after. But a month into 2018, it remains unclear when Mr. Mueller will wrap up the bulk of his work. Privately, people close to the president have conceded that assuring Mr. Trump that the investigation would end by a certain date was primarily aimed at keeping him from antagonizing Mr. Mueller on his Twitter feed or in interviews."
a:Michael-S-Schmidt  a:Maggie-Haberman★  p:The-New-York-Times★★  d:2018.02.05  w:1500  Donald-Trump  law  from iphone
february 2018 by bankbryan
List Of Passages I Highlighted In My Copy Of Legal Systems Very Different From Ours
"Where the offense did not seem to fit any category in the code, the court felt free to find the defendant guilty of doing what ought not to be done or of violating an Imperial decree — not an actual decree, but one that the Emperor would have made had the matter been brought to his attention."
a:Scott-Alexander★★★  p:Slate-Star-Codex★★★  d:2017.11.15  w:5500  law  history  China  law-enforcement  Jews  Muslims  UK  from instapaper
january 2018 by bankbryan
This Is Why Juries Shouldn't Decide Court Cases
"A scientist has to make inferences about states of affairs that cannot be observed directly, inferring from evidence that can be observed. And that is precisely what a jury has to do: make a decision about the guilt of the defendant based on the evidence presented at trial. That is a scientific enterprise that surpasses the intellectual aptitude of most laypersons who are called to jury duty."
a:Erin-Fuchs  p:Business-Insider★  d:2014.07.03  w:1000  law  from instapaper
december 2017 by bankbryan
Lawsplainer: How Federal Grand Juries Work, Part One
What's your question?
Well, it's kind of a dumb question.
Believe me when I say I have thoroughly prepared myself for that eventuality.
a:Ken-White★★★  p:Popehat★★★  d:2017.08.07  w:2500  explainer  law  from twitter
november 2017 by bankbryan
We Interrupt This Grand Jury Lawsplainer For A Search Warrant Lawsplainer
"Federal grand jury investigations can be like a Game of Thrones plotline. To finish you, federal prosecutors don't necessarily have to prove that you already committed a crime — they can simply play upon your human flaws and get you to finish yourself. High-profile defendants are routinely taken down not based on the initial crime they committed, but by their reckless response to the investigation — they're ended not by the crime, but by the ineffectual coverup. Mueller knows what he's doing, knows that he's dealing with unusually volatile personalities particularly unsuited to patient inaction, and is probably counting on people to react foolishly, self-destructively, and criminally to startling events like a search warrant."
a:Ken-White★★★  p:Popehat★★★  d:2017.08.09  w:2000  explainer  law-enforcement  law  strategy  from instapaper
november 2017 by bankbryan
A Legacy of Lebanon’s War: ‘Land Mines’ Left by Beirut’s Dogs
"For the veterinarian, the whole episode was a reminder of why there is no law requiring cleaning up after dogs in the first place: the lax enforcement and rampant use of bribes and connections that doomed other recent public-minded laws, like those requiring seatbelt use and banning smoking in restaurants. 'The war made it so no one respects the laws,' he said. 'If you stop at the red light, they will shout at you and say, "Do you think you are in Europe?"'"
a:Anne-Barnard  p:The-New-York-Times★★  d:2017.10.23  w:1500  dogs  law  war  society  from instapaper
november 2017 by bankbryan
Dennis Hastert And Federal Prosecutorial Power
"As Radley Balko has pointed out, structuring (or 'smurfing') charges are extremely flexible. They demonstrate the reality of how Americans targeted by the Department of Justice can be charged. We imagine law enforcement operating like we see on TV: someone commits a crime, everyone knows what the crime is, law enforcement reacts by charging them with that crime. But that's not how federal prosecution always works. Particularly with high-profile targets, federal prosecution is often an exercise in searching for a theory to prosecute someone that the feds would like to prosecute. There is an element of *creativity*: what federal statute can we find to prosecute this person?"
a:Ken-White★★★  p:Popehat★★★  d:2015.05.29  w:1000  law  law-enforcement  from instapaper
october 2017 by bankbryan
Lawsplainer: The Manafort/Gates Indictment
"So what happens next? Manafort and Gates will be booked and will make their initial appearance before a United States Magistrate Judge, probably this afternoon. They'll be released based on some sort of bail under the Bail Reform Act, which will provoke uninformed outrage. Eventually — possibly at their first appearance, more likely at a late appearance — they will be arraigned (formally informed of the charges against them) and enter their not guilty pleas. Then the schedule will be determined by the United States District Judge to whom the case is assigned. Under the Speedy Trial Act they have a right to trial within 70 days of their first appearance, absent application of a host of exceptions that are almost always applied."
a:Ken-White★★★  p:Popehat★★★  d:2017.10.30  w:1500  explainer  law  from twitter
october 2017 by bankbryan
The Road To Popehat: This Isn't Legal Advice Edition
"'Writing an effective letter to a prosecutor'
Sit down. I have some bad news for you.
'if we tell somebody her photo on facebook is ugly, is that libel or defamation'
RICO. Definitely RICO."
a:Ken-White★★★  p:Popehat★★★  d:2017.10.25  law  search  from iphone
october 2017 by bankbryan
You Can’t Double-Fist Drinks at DC Bars, and Other Laws You Didn’t Know About
"What about the ubiquitous beer-and-shot combo? Luckily, DC specifically allows 'two different drinks served together such as a beer and a shot or any other industry drink that can be considered a shot and a mixer.' You can also order wine at dinner even if you haven’t finished your cocktail (Seriously: 'The prohibition against back-up drinks shall also not apply to the service of wine with a meal where the patron has not finished a previously served cocktail.')."
a:Raman-Santra★  p:Barred-in-DC★  d:2017.10.03  w:1000  law  bars  alcohol  DC  from instapaper
october 2017 by bankbryan
Outlawing War? It Actually Worked
"By crediting the Kellogg-Briand Pact with changing state behavior, we do not deny the importance of many other causes that have been offered for the end of conquest and decline of war, such as the advent of nuclear weapons and the considerable rise in free trade. But these explanations are incomplete because they tacitly assume the idea of the pact that might no longer makes right. We see that idea at work when countries use nuclear weapons to deter aggression rather than to conquer territory. We see that idea at work when countries resort to sanctions instead of bullets, when they recognize — because conquests no longer 'stick' — that it’s more profitable to trade than to annex territory."
a:Oona-A-Hathaway  a:Scott-J-Shapiro  p:The-New-York-Times★★  d:2017.09.02  w:1000  law  war  history  incentives  globalization  from instapaper
october 2017 by bankbryan
The real fix for gerrymandering is proportional representation
"Sometimes you can make this all work together, but oftentimes you can’t. Creating majority-minority districts to ensure racial representation can look a lot like 'packing' Democratic voters into lopsided seats. Aiming at fair fights sounds nice but will end up violating communities of interest. Aiming for partisan fairness will necessarily involve some odd squiggles, since neighborhood-level partisanship can be very disparate. So I asked this scholar: 'What about proportional representation?' She said that when she teaches redistricting law, she does proportional representation last because it solves all the problems and the point of the class is for the students to work through the different complexities and legal doctrines governing the American system. That seems smart as a pedagogical approach, but as an agenda for political reform, solving all the problems is a good idea."
a:Matthew-Yglesias★★  p:Vox★★  d:2017.10.11  w:1500  voting  geography  law  from twitter
october 2017 by bankbryan
Identity Theft, Credit Reports, and You
"What causes a regulatory incident? Bad behavior on the part of the bank? No. Banks screw up all the time; the screwups are literally forecast and budgeted for. Do regulators cause regulatory incidents? Generally no; they’re understaffed and underfunded, and they don’t go on fishing expeditions. The thing which causes regulatory incidents is well-organized people taking paper trails to regulators which allow a regulator to trivially follow up with an investigatory letter. Accordingly, anyone who sounds like a well-organized professional with a paper trail is a problem to be swiftly addressed. That, dear reader, can be you."
a:Patrick-McKenzie★★★  p:Kalzumeus-Software★★★  d:2017.09.09  w:5500  instructional  law  personal-finance  customer-service  regulation  from twitter
september 2017 by bankbryan
Presidential Signing Statements Are Declining, But Why?
"Presidents issue signing statements for many reasons, such as to influence how a law’s text is interpreted, or to impact how an agency implements a portion of a law. But presidents can advance these goals through other means, suggesting that presidential *actions* rather than signing statements are where the real focus should be. For example, presidents can use surrogates or speeches to air any objections to a particular law, and they can use tools like SAPs or even internal communications to agencies to influence how a law’s text is interpreted and implemented. Of course, the most intense debates surrounding signing statements arise when presidents use them to lodge constitutional objections to portions of a law that they don’t otherwise want to veto in totality, and it remains a controversial question whether presidents can merely decline to enforce parts or all of a law they view as unconstitutional. But even in these cases signing statements themselves take a back seat to the president’s actual on-the-ground actions."
a:C-Jarrett-Dieterle  a:Megha-Bhattacharya  p:R-Street-Institute  d:2017.08.28  w:1000  law  Donald-Trump  Barack-Obama  George-W-Bush  from instapaper
august 2017 by bankbryan
Lawsplainer: Why John Oliver Is Anti-Diversity Now
"Look, I'm as vulnerable to big-city big-school big-firm lawyer attitudes as anyone. But over my career, especially in criminal cases, I've seen judges in courts that big-city people would call 'rural' or 'remote' or 'conservative' give my clients some of the most thorough, prepared, thoughtful treatment I've seen in any court. I've learned, often happily, not to make such assumptions."
a:Ken-White★★★  p:Popehat★★★  d:2017.08.11  w:1500  law  explainer  from instapaper
august 2017 by bankbryan
The Exquisitely English (and Amazingly Lucrative) World of London Clerks
"One of the most peculiar aspects of the clerk-barrister relationship is that clerks handle money negotiations with clients. Barristers argue that avoiding fee discussions keeps their own interactions with clients clean and uncomplicated, but as a consequence, they’re sometimes unaware of how much they actually charge."
a:Simon-Akam  p:Bloomberg-Businessweek★★  d:2017.05.23  w:4000  law  UK  from twitter
august 2017 by bankbryan
How to Be Selected for a Jury
"Strive to be what Anthony calls 'stable and balanced': Don’t be sarcastic, argumentative, despondent or, worst of all, an oddball. 'You need to fit the norm of society,' he says. Jurors discuss cases and work together to reach a verdict. Behave like a person who can get along with others. Know that you’re being watched. Lawyers are taking note of anyone acting strange, agitated or particularly fidgety. Be calm, confident and truthful. 'For the majority of jurors we’ve surveyed, serving on a jury ends up being one of the more important things they did in their life,' Anthony says. 'Years later, they’re still talking about it.'"
a:Malia-Wollan  p:The-New-York-Times-Magazine★★  d:2017.07.28  w:500  instructional  law  from twitter
july 2017 by bankbryan
If Trump Pardons, It Could Be a Crime
"There is a broad consensus that a president exercises the pardon power properly — not 'corruptly' — when he grants clemency based on considerations of mercy or the public welfare. President Gerald Ford invoked both of those values when he pardoned Nixon: He said that a prosecution of the former president would be too divisive and that Nixon had suffered enough. President George H.W. Bush gestured to both values when he pardoned former Reagan administration officials for their involvement in the Iran-contra scandal. In Trump’s case, the question would be whether he was acting out of the goodness of his heart, or covering up for his family, his associates and himself."
a:Daniel-Hemel  a:Eric-Posner  p:The-New-York-Times★★  d:2017.07.21  w:1000  law  Donald-Trump  from instapaper
july 2017 by bankbryan
Family law (divorce, custody, child support) summer media round-up
"The word 'children' appears twice in the article, published by a newspaper in a winner-take-all jurisdiction (see the New York chapter), and once it is in the sentence 'If there are children, who will take the lead in keeping track of their activities calendar?' (not, 'How will they go to college if 100 percent of the family’s savings are spent on divorce litigation?'). The paper tells adult readers that the important stuff is adult happiness and emotions: 'Do you still love him or her?'; 'Would you really be happier without your partner?'; 'What is your biggest fear in ending the relationship?'; 'Are you letting the prospect of divorce ruin your self-image?' There seems to be no question that if one adult can become happier or better off, a unilateral (initiated by one partner against the other partner’s wishes) divorce is a good idea. Part of the 'better off' calculation is financial and the Times wisely advises people considering suing for divorce to meet with financial advisors and litigators, with the implication that it might make sense to stay married if divorce isn’t sufficiently lucrative."
a:Philip-Greenspun★★  p:Philip-Greenspun  d:2017.06.02  w:1000  law  family  children  from instapaper
june 2017 by bankbryan
Comey Memo Says Trump Asked Him to End Flynn Investigation
"Mr. Comey wrote the memo detailing his conversation with the president immediately after the meeting, which took place the day after Mr. Flynn resigned, according to two people who read the memo. It was part of a paper trail Mr. Comey created documenting what he perceived as the president’s improper efforts to influence a continuing investigation. An F.B.I. agent’s contemporaneous notes are widely held up in court as credible evidence of conversations."
a:Michael-S-Schmidt  p:The-New-York-Times★★  d:2017.05.16  w:2000  law  government  Donald-Trump  law-enforcement  from instapaper
may 2017 by bankbryan
Bombshell: Initial Thoughts on the Washington Post’s Game-Changing Story
"Trump’s alleged screw-up with the Russians reveals yet again what we have learned many times in the last four months: The successful operation of our government assumes a minimally competent Chief Executive that we now lack. Everyone else in the Executive Branch can be disciplined or fired or worse when they screw up by, say, revealing classified information or lying about some important public policy issue. But the President cannot be fired; we are stuck with him for 3-1/2 more years unless he is impeached, which remains a long-shot. The Post reports: '"It is all kind of shocking," said a former senior U.S. official who is close to current administration officials. "Trump seems to be very reckless and doesn’t grasp the gravity of the things he’s dealing with, especially when it comes to intelligence and national security."'
Bottom line: It matters who we have running the most powerful institution in the world."
a:Jack-Goldsmith  a:Susan-Hennessey  a:Quinta-Jurecic  a:Matthew-Kahn  a:Benjamin-Wittes  a:Elishe-Julian-Wittes  p:Lawfare  d:2017.05.15  w:3500  law  government  Donald-Trump  Russia  intelligence-gathering  from instapaper
may 2017 by bankbryan
I asked 7 experts if the Comey firing is a constitutional crisis. Here’s what they said.
"Actions can be legal and constitutional and non-crisis-precipitating and still *very, very bad*. 'The frame of "Constitution crisis" makes you ask about legality or constitutionality and it pushes you to say that if it’s legal, there’s no crisis,' Huq explains. 'Even if an action is lawful, it can still wreak considerable damage on the rule of law in a democracy, by incentivizing more wrongdoing by actors who know there is no effective investigative mechanism in place, and by undermining public confidence in the rule of law and the stability and even-handedness of public institutions.' You can also view the Comey firing as a dangerous form of democratic backsliding — just as scholars of authoritarianism told my colleague Zack Beauchamp it was. 'In many of the contexts we look at comparatively, firing people from watchdog institutions and stocking those institutions with party loyalists is an early sign of backsliding,' Huq says. 'It’s part of the backsliding and it enables subsequent backsliding.'"
a:Dylan-Matthews★  p:Vox★★  d:2017.05.11  w:2000  law  government  Donald-Trump  history  from twitter
may 2017 by bankbryan
How Abnormal Was Comey’s Firing? Experts Weigh In
"Thomas Nichols, a professor at the U.S. Naval War College, said it was only moderately abnormal, but that the way Mr. Trump chose to do it was unusual. 'It’s within the president’s powers, and given how many times people in both parties called for Comey to be fired, hard for people to act surprised that it finally happened,' he said. 'Amazingly, the administration managed to look suspicious doing it anyway.'"
a:Quoctrung-Bui  a:Claire-Cain-Miller  a:Kevin-Quealy  p:The-New-York-Times/The-Upshot★  d:2017.05.10  w:1000  law  government  Donald-Trump  from twitter
may 2017 by bankbryan
It Was Legal for the President to Fire Comey. That’s the Problem.
"If there are any 'grave constitutional issues' in the investigation of the Trump administration so far, it is Congress’s unwillingness to assert itself as a coequal branch. The president’s firing of the FBI director is a call for congressional action. As James Madison wrote in 1788, when one branch of government suffers from a 'defect of better motives', the other two are obliged 'to control itself'."
a:Nikolas-Bowie  p:Take-Care  d:2017.05.10  w:1000  law  government  Donald-Trump  from twitter
may 2017 by bankbryan
Lawsplainer: How The Seventh Circuit Decided That Sexual Orientation Discrimination Violates Federal Law
"With rather remarkable frankness, Posner rejects the majority's attempt to premise the decision on Supreme Court precedent and forthrightly accepts a mantle of what might be called 'judicial activism': 'I would prefer to see us acknowledge openly that today we, who are judges rather than members of Congress, are imposing on a half-century-old statute a meaning of "sex discrimination" that the Congress that enacted it would not have accepted. This is something courts do fairly frequently to avoid statutory obsolescence and concomitantly to avoid placing the entire burden of updating old statutes on the legislative branch. We should not leave the impression that we are merely the obedient servants of the 88th Congress (1963– 1965), carrying out their wishes. We are not. We are taking advantage of what the last half century has taught.'"
a:Ken-White★★★  a:Richard-Posner  p:Popehat★★★  d:2017.04.05  w:2000  explainer  law  gay  gender  from twitter
april 2017 by bankbryan
Cases, but also cafeteria duty, await Gorsuch at high court
"Gorsuch will take over junior justice duties from Justice Elena Kagan, who has held the spot since 2010. Kagan has said of her door-opening duties: 'Literally, if there is a knock on the door and I don't hear it there will not be a single other person who will move. They'll just all stare at me until I figure out: "Oh, I guess somebody knocked on the door."'"
a:Jessica-Gresko  p:Associated-Press  d:2017.04.11  w:500  law  from instapaper
april 2017 by bankbryan
The Road to Popehat: Spring Edition
"would it help if I talked to judge before my husband's trial: I see no way this can go wrong. Judges are busy, try throwing rocks at their window until you get their attention.
KY law if spouse calls work and tells them you are crazy: You know, your marital issues may be broader than just that criminal case."
a:Ken-White★★★  p:Popehat★★★  d:2017.04.17  list  law  search  from iphone
april 2017 by bankbryan
New Jersey Alters Its Bail System and Upends Legal Landscape
"But experts argue that a system relying on bail does not guarantee public safety. 'There is nothing that says you can’t be a serial killer and a millionaire,' said Joseph E. Krakora, the state’s public defender. E. Rely Vilcica, an assistant professor of criminal justice at Temple University, pointed out that drug dealers often had the means to post high bails and continued plying their trade. 'Basically people who have money can buy their freedom,' Professor Vilcica said. 'So cash bail doesn’t address the danger.'"
a:Lisa-W-Foderaro  p:The-New-York-Times★★  d:2017.02.06  w:1500  law  class  safety  New-Jersey  from twitter
february 2017 by bankbryan
GOP gets bolder in breaking with Trump
"Trump on Saturday lambasted Judge James Robart of the Western District of Washington as a 'so-called judge' for issuing a 'ridiculous' decision against his order. Robart was appointed by former President George W. Bush. GOP lawmakers distanced themselves immediately. McConnell said it’s 'best to avoid criticizing judges individually,' and Sen. Ben Sasse (R-Neb.), an outspoken Trump critic during the presidential campaign, said, 'We don’t have any so-called judges, just real judges.'"
a:Alexander-Bolton  p:The-Hill  d:2017.02.07  w:1000  Republicans  Donald-Trump  law  Russia  from twitter
february 2017 by bankbryan
What is the ‘Emoluments Clause’? Does it apply to President Trump?
"It’s possible that the lawsuit still could be a success for the watchdog group, even if a judge eventually rules against it. If the case progresses far enough, for instance, Trump’s businesses might be forced to turn over documents that detail their dealings with foreign governments. Trump might be forced to turn over his tax returns, which he has refused to do. The watchdog group could then use those to unearth more details about Trump’s potential conflicts of interest — learning more about who he does business with and whom he owes money to."
a:David-A-Fahrenthold  a:Jonathan-O'Connell  p:The-Washington-Post★★  d:2017.01.23  w:2000  law  Donald-Trump  business  from instapaper
january 2017 by bankbryan
“Protest is the new brunch.”
“Let’s say the Obama White House produced this draft EO, and it came across your desk. Other than, you know, literally setting yourself on fire inside the White House and running screaming out of the building, what would you do with your red pen? Like, what would you *do*?”
“If I received *that* executive order?”
“Uh-huh.”

“That’s a hard counterfactual.”
a:Jon-Favreau  a:Jon-Lovett  a:Tommy-Vietor  a:Danielle-Gray  p:Pod-Save-America  d:2017.01.30  podcast  law  Donald-Trump  from twitter
january 2017 by bankbryan
The difference between Oath of Office, Oath of Enlistment
"Article 90 of the UCMJ states that service members are only obligated to obey lawful orders. This gives authority to small unit leaders and even riflemen to use their judgment to serve honorably and disobey orders when they do not uphold the moral standards of our service. Not only does this act as a safeguard to corruption and abuse of power, but it also develops a sense of responsibility and leadership at all levels of command. If this is the case, however, then why is the distinction made between the two oaths when both enlisted and officers are not obligated to follow unlawful orders according to the UCMJ? Officers, especially at higher ranks, have a unique position of authority and influence within the organization that could be taken advantage of for political gain. Swearing loyalty to the Constitution instead of the president or any other person means that officials cannot manipulate officers in order to gain control over the military and become dictators."
a:Marco-Valenzuela  p:Marine-Corps-Base-Quantico  d:2015.07.30  w:500  military  law  government  from twitter
january 2017 by bankbryan
A Brief Review of Cheryl Jacobus' Defamation Suit Against Donald Trump And Corey Lewandowski
"Frankly, the lawsuit seems primarily a vehicle to drop juicy allegations about Trump and Lewandowki in a court document that's absolutely privileged from defamation suit. Jacobus portrays Lewandowski as angry and unbalanced — though to be fair, not as angry and unbalanced as Lewandowski portrays himself day-to-day. Jacobus also asserts that the Trump campaign was being dishonest about its funding and was too cozy with PACs. As little regard as I have for all things Trump, the lawsuit read to me as strictly politics by other means. 2/10 would not lawsuit again."
a:Ken-White★★★  p:Popehat★★★  d:2016.04.19  w:1000  analysis  law  Donald-Trump  from instapaper
january 2017 by bankbryan
The Latest Defamation Case Against Donald Trump, and the "Trump Defense"
"The trial court in Jacobus' case actually relied upon something like that argument in dismissing her case, though in considerably more genteel terms. Any putative factual statement by or on behalf of Trump, the court said, has to be taken in the context of the way Trump habitually acts, which cuts against a literal interpretation. Put another way, it is a matter of judicial record that the new President of the United States is habitually full of shit. This is optimal for a defamation defense, if perhaps not for America."
a:Ken-White★★★  p:Popehat★★★  d:2017.01.18  w:1500  law  Donald-Trump  from instapaper
january 2017 by bankbryan
In 20 to 40 years, most Americans won’t have sex to reproduce. Get ready.
"'Standard' PGD has been legal in the United States for more than 25 years with no real attempts, at the federal or state level, to restrict it. It already involves selection according to genetic criteria, and the destruction of embryos. When it comes to abortion, attempts to stop fetal selection have been and continue to be made. But most people do not see in vitro embryos as equivalent to fetuses, let alone to children. No legal barriers stand in the way of PGD with whole-genome sequencing; the burden would be on those who want to stop it. Using stem cells to make gametes is new and could be controversial, but it will first be introduced, and approved by the Food and Drug Administration, for people who want to have their own genetic babies but lack either eggs or sperm. These couples will have a politically compelling argument – they just want the same kind of children their neighbors have, children that accidents, diseases, or age has denied to them."
a:Henry-T-Greely  p:Vox★★  d:2016.09.16  w:2500  future  sex  genetics  law  ethics  from instapaper
december 2016 by bankbryan
20 public-spirited lawyers could change the world
"Capitalism, as a political-economic system, is an attempt by certain individuals - entrepreneurs and financiers - to dwell in the future, through a system of promises and plans. Its durability derives partly from the fact that, by the time the rest of us reach next week, it has already been occupied by those who were parcelling it up the week before. Capitalism is the German beach towel that we find already laid out on the sunlounger at 9am. But what is it that allows this conversion of future promises and plans into a lived reality, that the rest of us have to abide by and view as 'real'? It is pieces of text, backed up by the sovereign state - contract backed by law."
a:Will-Davies  p:potlatch  d:2013.09.23  w:1000  law  capitalism  contracts  time  future  from instapaper
december 2016 by bankbryan
Twitter Can and Should Ban Donald Trump
"The First Amendment enshrines the right to freedom of speech by prohibiting the government from making laws suppressing expression; Twitter would not be infringing on Trump’s extremely healthy freedom to speak even if the rationale for banning him were nonsense. Arguments about how banning Trump from a private publishing platform violates the First Amendment only show that some people are unfamiliar with the Constitution."
a:Kate-Knibbs  p:The-Ringer★★  d:2016.11.29  w:2500  Twitter  Donald-Trump  law  2016-election  from twitter
november 2016 by bankbryan
Hillary Clinton, the Sixth Amendment, and Legal Ethics
"We're either committed to the Sixth Amendment's right to counsel or we're not. Criminal defendants, whatever they've been accused of doing, are individuals targeted by the vast, implacable machinery of the state. They are entitled to a vigorous defense. The purpose of that defense is to challenge the government and its evidence and act as a bulwark against the defendant being convicted simply because they've been accused. The right is not conditioned on whether or not we think they 'actually did it' and not dependent on them being sympathetic or decent or deserving. If you think that it's marginally acceptable to defend such people as long as you're not doing so voluntarily, you don't really support the Sixth Amendment right to counsel. You'd have lots of company on the Right and the Left, but you would not be supporting the United States Constitution."
a:Ken-White★★★  p:Popehat★★★  d:2016.10.10  w:1500  ethics  law  Hillary-Clinton  from instapaper
october 2016 by bankbryan
The Chainsmokers’ “Closer” and the Familiar Feeling of Pop
"This method of settling a potential score makes sense—particularly considering that a lawsuit could force an artist to forfeit the right to profit from his song. Better for an artist to cut in his challenger and call it a courtesy. It was revealed in 2015 that Sam Smith did this after listeners noticed that the ballad 'Stay with Me' resembled 'I Won’t Back Down', the 1989 hit by Tom Petty and the Heartbreakers. Petty’s lawyers negotiated a 12.5-per-cent cut of the 'Stay with Me' songwriting royalties for Petty and his co-writer, Electric Light Orchestra’s Jeff Lynne. A representative for Smith told Rolling Stone that the 'Stay with Me' writers were 'not previously familiar with the 1989 Petty/Lynne song', but that they 'listened to "I Won’t Back Down" and acknowledged the similarity.' It’s better to be magnanimous and lose a portion of your royalties than to be defensive, and lose it all."
a:Jia-Tolentino★★  p:The-New-Yorker★★  d:2016.09.07  w:1500  music  law  from twitter
october 2016 by bankbryan
What Snoop Dogg’s Pabst lawsuit says about the beer industry
"There are about 4,700 breweries in the U.S., with thousands more in the planning stages. At the very beginning, when they’re just trying to establish themselves, open a brewery and pub, and get regular access to resources, they rely on various sources for capital. They take out bank loans and small-business loans, scrape together loans from friends and family, bring in investors and, in some cases, take private-equity firms’ money just to keep the doors open and fund growth as more folks walk through those doors. Loans need to be paid back and private-equity investors expect returns on their investments. There isn’t a huge chance that Snoop is going to come walking through the door and do some publicity for your brewery in exchange for a stake when things get better. But there’s a chance that you’re going to make a promise to someone along the way."
a:Jason-Notte  p:MarketWatch  d:2016.09.06  w:1000  beer  law  from instapaper
september 2016 by bankbryan
N.B.A. to Move All-Star Game From North Carolina
"The National Basketball Association on Thursday dealt a blow to the economy and prestige of North Carolina by pulling next February’s All-Star Game from Charlotte to protest a state law that eliminated anti-discrimination protections for lesbian, gay, bisexual and transgender people. The move was among the most prominent consequences since the law, which also bars transgender people from using bathrooms in public buildings that do not correspond with their birth gender, was passed in March. The league, which has become increasingly involved in social issues, said that both it and the Hornets, the N.B.A. team based in Charlotte, had been talking to state officials about changing the law but that time had run out because of the long lead time needed to stage the game. The N.B.A. said it hoped the game could be played in Charlotte in 2019, with the clear implication that the law would have to be changed before then."
a:Scott-Cacciola  a:Alan-Blinder  p:The-New-York-Times★★  d:2016.07.21  w:1500  NBA  transgender  gay  law  from twitter
july 2016 by bankbryan
Beijing’s South China Sea Claims Rejected by Hague Tribunal
"The tribunal decision on the Philippines case has no enforcement mechanism: There is no international maritime police force, and China will not vacate or dismantle the artificial islands it has built on top of atolls in the Spratly archipelago. That makes the legal arguments important, the analysts said. 'In a way the tribunal will not solve the South China Sea issue but will heavily influence future negotiations,' said Markus Gehring, a lecturer in law at Cambridge University. 'The tribunal rulings will move the goal posts towards the Philippines and the smaller countries.'"
a:Jane-Perlez  p:The-New-York-Times★★  d:2016.07.12  w:1500  law  China  international-law  from instapaper
july 2016 by bankbryan
Law professor's response to BLM shirt complaint
"Premise: There is an invisible 'only' in front of the words 'Black Lives Matter'.
Critique: There is a difference between focus and exclusion. If something matters, this does not imply that nothing else does. Here is something else that matters: context. The Black Lives Matter movement arose in a context of evidence that they don’t. When people are receiving messages from the culture in which they live that their lives are less important than other lives, it is a cruel distortion of reality to scold them for not being inclusive enough. There are some implicit words that precede 'Black Lives Matter', and they go something like this: 'Because of the brutalizing and killing of black people at the hands of the police and the indifference of society in general and the criminal justice system in particular. It is important that we say that…' This is, of course, far too long to fit on a shirt."
a:Anonymous  p:imgur  d:2016.05  w:2000  letter  law  education  race  violence  instructional  from twitter
july 2016 by bankbryan
Warning Signs: A Checklist for Recognizing Flaws of Proposed “Exceptional Access” Systems
"Any key required for exceptional access will need to be used frequently by law enforcement agencies with varying degrees of technical skill, from all around the world. Software and hardware companies do have experience protecting high value keys for tasks such as code-signing, those keys are used relatively infrequently, perhaps a dozen or so times per year, and are under the exclusive control of one company. The existing keys that come closest to the proposed master keys are the keys banks use to link customer personal identification numbers (PINs) to bank account numbers. These keys are kept in tamper-responding hardware security modules and used only in very restricted, automated, and audited ways. Even so there are regular security failures. Master keys used for exceptional access would not only be used frequently – probably several times per day – but would be used by the law enforcement and intelligence agencies of numerous countries. Even if these keys are stored on hardware security modules, the systems that drive the modules will need to be implemented on computers, which would immediately be among the highest-priority targets for the world’s intelligence agencies, drug cartels, and other well funded criminal syndicates. If these computers were connected to the Internet, managed by people who are not security experts, and running software systems with zero-day vulnerabilities, there would be a very high probability of key compromise. If they were classified systems produced in government labs, which other government would trust them?"
a:Daniel-J-Weitzner  p:Lawfare  d:2016.05.11  w:2000  list  encryption  law  IT-security  from instapaper
july 2016 by bankbryan
When it comes to pretrial release, few other jurisdictions do it D.C.’s way
"This is not how the system works for those charged in almost every other local and state court in the country. But it is how the District has run its rough-and-tumble courthouse for more than two decades. Nationally, about 47 percent of felony defendants with bonds remain jailed before their cases are heard because they cannot make bail. At the D.C. jail on 19th Street SE, no one is locked up on a criminal charge because of an inability to pay. 'We’ve proven it can work without money, but the whole country continues as if in a trance to do what we know does not work,' said D.C. Superior Court Judge Truman Morrison. The new way of thinking he promotes tracks the federal system, which bars judges from setting financial barriers to keep someone locked up."
a:Ann-E-Marimow  p:The-Washington-Post★★  d:2016.07.04  w:1500  law  DC  from instapaper
july 2016 by bankbryan
Past cases suggest Hillary won’t be indicted
"Some current and former State Department officials have argued that information about foreign governments’ positions on various issues are the bread and butter of diplomacy, and that State couldn’t function without at least some discussion of those views in unclassified channels. In addition, some former diplomats and experts on classification procedures maintain that in practice the 'Confidential' stamp has become a way for State to prevent disclosure of foreign government information after it is requested under the Freedom of Information Act, even though little effort is made to classify the information at the time it is being circulated by U.S. officials. 'In a quantum mechanical way, asking for disclosure forces it to be either classified or unclassified,' said the Federation of American Scientists’ Steven Aftergood, a longtime scholar of classification policy."
a:Josh-Gerstein  p:Politico  d:2016.04.11  w:4000  law  law-enforcement  diplomacy  intelligence-gathering  espionage  Hillary-Clinton  2016-election  email  from twitter
july 2016 by bankbryan
Starks Are Back in Winterfell, But the Future of the North Is as Murky as Ever
"Generally, the noble houses of Westeros follow the male-preference primogeniture inheritance traditions of the continent’s dominant Andal culture. Under these rules, a lord’s oldest male child inherits the lord’s lands and titles. If there are no living male offspring, then the oldest daughter becomes the heir. If the lord dies without children, inheritance passes to his brothers. If there are no children and no brothers, the lands pass to the sister. If there are none of the above, we got a problem. That said, MANY FAMILIES IN WESTEROS DO NOT FOLLOW THE SPIRIT OR LETTER OF THESE RULES! There are no lawyers in Westeros and the laws of inheritance exist primarily to resolve succession squabbles before they escalate into regional warfare. It’s about stability, not bureaucracy. Lords can do pretty much what they want on their own lands as long as no one complains."
a:Jason-Concepcion★★★  p:The-Ringer★★  d:2016.06.21  w:2000  family  law  Game-of-Thrones  from twitter
june 2016 by bankbryan
Legalize It All
"Depending on how the issue is framed, legalization of all drugs can appeal to conservatives, who are instinctively suspicious of bloated budgets, excess government authority, and intrusions on individual liberty, as well as to liberals, who are horrified at police overreach, the brutalization of Latin America, and the criminalization of entire generations of black men. It will take some courage to move the conversation beyond marijuana to ending all drug prohibitions, but it will take less, I suspect, than most politicians believe. It’s already politically permissible to criticize mandatory minimums, mass marijuana-possession arrests, police militarization, and other excesses of the drug war; even former attorney general Eric Holder and Michael Botticelli, the new drug czar — a recovering alcoholic — do so. Few in public life appear eager to defend the status quo."
a:Dan-Baum  p:Harper's-Magazine★  d:2016.03  w:7000  law  law-enforcement  addiction  alcohol  marijuana  regulation  recreational-drugs  from instapaper
june 2016 by bankbryan
Donald Trump Could Threaten U.S. Rule of Law, Scholars Say
"Mr. Trump has discussed revising libel laws to make it easier to sue over critical coverage. 'I’m going to open up our libel laws so when they write purposely negative and horrible and false articles, we can sue them and win lots of money,' Mr. Trump said in February. 'We’re going to open up those libel laws. So when The New York Times writes a hit piece which is a total disgrace or when The Washington Post, which is there for other reasons, writes a hit piece, we can sue them and win money instead of having no chance of winning because they’re totally protected.' Mr. Trump seemed to misunderstand the scope of presidential power. Libel is a state-law tort constrained by First Amendment principles, and a president’s views do not figure in its application."
a:Adam-Liptak★  p:The-New-York-Times★★  d:2016.06.03  w:1500  law  government  2016-election  Donald-Trump  from instapaper
june 2016 by bankbryan
Rich Defendants’ Request to Judges: Lock Me Up in a Gilded Cage
"In a written opinion, the judge in the case, Jed S. Rakoff, acknowledged concerns that such an arrangement for Mr. Dreier gave people of means 'an opportunity for release that poorer people could never obtain'. Many kinds of bail conditions favored the rich, Judge Rakoff said, and, conversely, there were many defendants who were too poor to afford even the most modest of bail bonds or financial conditions of release. 'This is a serious flaw in our system,' he wrote. Still, he added, 'it is not a reason to deny a constitutional right to someone who, for whatever reason, can provide reasonable assurance against flight.'"
a:Benjamin-Weiser  p:The-New-York-Times★★  d:2016.06.01  w:1000  law  class  from instapaper
june 2016 by bankbryan
Time off the bench: The social lives of Supreme Court justices
"Sonia Sotomayor is probably closest to Scalia in personality: outgoing and accustomed to interacting with her clerks, neighbors and community. Last year, she enjoyed a high-profile lunch in New York with George Clooney and his wife, Amal — the human-rights lawyer worked for Sotomayor as a student at New York University’s law school. She didn’t automatically jump at the chance to serve on the Supreme Court, because she worried that it might cramp her lifestyle, says judge Frederic Block. In his book 'Disrobed', Block writes that she loved being a federal judge, loved New York, loved dating and dancing. The significance of being the first Hispanic justice won out, but her social life crashed because she spent most of her time catching up on cases. 'Being a judge is a surprisingly monastic existence.'"
a:Roxanne-Roberts  p:The-Washington-Post★★  d:2016.03.01  w:2000  law  social-interaction  Supreme-Court  from instapaper
june 2016 by bankbryan
For a Collegial Court, Justices Lunch Together, and Forbid Talk of Cases
"The justices have a festive dinner before the State of the Union address. 'One year, Justice Kennedy came with a couple of bottles of Opus One,' Justice Ginsburg said, referring to a very good wine. 'That was the first time I fell asleep during the State of the Union.'"
a:Adam-Liptak★  p:The-New-York-Times★★  d:2016.06.01  w:1000  food  alcohol  work  law  from twitter
june 2016 by bankbryan
An Open Letter to Peter Thiel
"We, and those you have sent into battle against us, have been stripped naked, our texts, online chats and finances revealed through the press and the courts; in the next phase, you too will be subject to a dose of transparency. However philanthropic your intention, and careful the planning, the details of your involvement will be gruesome. I’m going to suggest an alternative approach."
a:Nick-Denton★★  p:Gawker★  d:2016.05.26  w:1500  letter  journalism  media  law  Peter-Thiel  from iphone
may 2016 by bankbryan
Medicare Scammers Steal $60 Billion a Year. This Man Is Hunting Them.
"On snow days, people usually reschedule nonemergency appointments. They stay in bed instead of driving to the doctor. Emergency rooms will see an uptick in visits because of car accidents and cardiac events triggered by snow shoveling, while regular doctors’ offices will see a drop. But providers filing for phantom services make the same number of claims in the middle of Snowpocalypse as they do the day before and the week after. They bill as if the day was totally normal, even if it was not a normal day at all. If there’s a hallmark of fraud, it’s a lack of variability—the missing randomness of people and their bodies and behaviors. Fraud is algorithmic and invariable because it’s optimizing revenue, not meeting human needs."
a:JC-Herz  p:Wired★★  d:2016.03.07  w:3000  accounting  law  medicine  from instapaper
may 2016 by bankbryan
Courtroom Fashion Through the Ages
"Sporting a modified Rachel, a literal string of pearls, and a black pantsuit even Hillary might describe as 'a bit matronly', the then-24 year-old testified via video against her ex-lover and President of the United States Bill Clinton. It's unsurprising that Lewinsky wore something so modest, given the nature of the trial and the salaciousness of the evidence she was giving (THE CIGAR!). It makes sense, too, with the jury and media's intense focus on 'The Dress', that she avoided navy, although can you imagine?"
a:Monica-Heisey★★  p:VICE/Broadly★  d:2015.08.18  w:2000  fashion  law  crime  from twitter
may 2016 by bankbryan
How bad government might create bad drivers
"It's not the severity of punishment that matters; it's the certainty and swiftness of punishment. These ideas are increasingly backed by empirical research. The realization that certainty and swiftness matter so much is driving some of the most promising anti-drug interventions in the US. In South Dakota, for example, people who consistently are caught doing bad things as a result of their alcohol use — drunk driving, for instance — can be put into the 24/7 Sobriety Program. Once in, participants are tested daily for alcohol in their blood or breath. If it turns out they drank, they are quickly thrown in jail — typically for one or two nights. The idea is that people lose their freedom to drink if they repeatedly show that they can't responsibly do it, so they will be punished consistently and quickly, although not necessarily severely, if they fail an alcohol test. The results: Studies from the RAND Corporation have linked the program to drops in mortality, DUI arrests, and domestic violence arrests."
a:German-Lopez  p:Vox★★  d:2016.04.22  w:1000  driving  law  incentives  crime  government  from instapaper
april 2016 by bankbryan
What Is Obviously Wrong with the Federal Judiciary, Yet Eminently Curable, Part I
"The problem is that the past does not contain usable solutions to contemporary problems. The eighteenth-century United States, the nineteenth-century United States, and much of the twentieth-century United States might as well be foreign countries so far as providing guidance to solving today’s legal problems is concerned. The judges and Justices know this, though they are unwilling to admit it (often even to themselves), because they feel or sense that their authority is bound up with ancientness, that if they admitted they are constantly remaking the law they would be thought legislators, competing with what judges self-servingly like to call 'the political branches', namely Congress and its state legislative counterparts and the executive branch (both federal and state), with its countless agencies and officials. Though not elected, federal judges legislate whenever their decisions create rules, because those rules have the force of law."
a:Richard-A-Posner  p:Green-Bag  p:2016.03  w:5500  manifesto  law  writing  government 
april 2016 by bankbryan
Dynamics Are Shifting in an 8-Member Supreme Court
"Transcripts of Supreme Court arguments include the notation [laughter] when there is audible levity, and they allow Professor Wexler to keep detailed statistics. In recent weeks, he found, Justice Stephen G. Breyer has generated far more laughs than any other member of the court. 'Since Scalia’s death, Breyer has pretty much cemented his position as the new funny guy of the bench,' Professor Wexler said. But the laughs are different now. 'Scalia’s humor was basically quip-based, fast one-liners,' Professor Wexler said, 'whereas Breyer’s are often connected in some way to his long, circuitous hypotheticals.'"
a:Adam-Liptak★  p:The-New-York-Times★★  d:2016.04.04  w:1000  law  humor  Supreme-Court  from twitter
april 2016 by bankbryan
“Snowden has done a service”: Former Bush official Lawrence Wilkerson applauds the whistleblower
"Some analysts and experts have also made the argument that what whistle-blowers like Snowden have done is actually required under international law, because they are exposing illegal activity by the U.S. government, shining light on policies and programs that contravene international law. 'I think you can make that argument,' Wilkerson said. 'But then you have to make the argument of a realist — someone like me, for example — that international law is much what Mao Zedong said it was: It’s who has the biggest gun. And we have the biggest gun.'"
a:Ben-Norton  p:Salon★  d:2016.03.24  w:1000  Edward-Snowden  international-relations  law  international-law  from instapaper
march 2016 by bankbryan
Antonin Scalia, Justice on the Supreme Court, Dies at 79
"In a 2004 decision, Crawford v. Washington, he wrote for the majority that defendants have the right to live testimony at trial from the witnesses against them, even if the accusations could be presented in other forms. 'Dispensing with confrontation because testimony is obviously reliable is akin to dispensing with a jury trial because the defendant is obviously guilty,' Justice Scalia wrote. 'That is not what the Sixth Amendment prescribes.' Writing for the majority in a 2009 decision that barred the introduction at trial of crime lab reports without testimony from the analysts involved in their preparation, Justice Scalia said the issue was one of constitutional principle. 'The confrontation clause may make the prosecution of criminals more burdensome, but that is equally true of the right to trial by jury and the privilege against self-incrimination,' he wrote. 'The confrontation clause — like those other constitutional provisions — is binding, and we may not disregard it at our convenience.'"
a:Adam-Liptak★  p:The-New-York-Times★★  d:2016.02.13  w:5500  obituary  law  Supreme-Court  from instapaper
march 2016 by bankbryan
Inside the war on coal
"By 2008, with the economy crashing and power demand slumping, utilities had stopped pushing new coal plants. That’s when Nilles began plotting to go after old ones—an even tougher challenge, but a vital one to avoid the game-over scenario. He had moved to the liberal college town of Madison, and he was amazed that an old coal plant a mile from his home still had no pollution controls; it was way dirtier than the new plants he was fighting around the country. The nation’s fleet of existing coal plants was still emitting nearly 2 billion tons of carbon and causing an estimated 13,000 premature deaths every year. It felt good to stop projects that would have increased those numbers, but Nilles wanted to use the Club’s newfound expertise to reduce them. 'It’s a lot easier to throw ourselves in front of bulldozers to stop something than it is to shut something down that’s already part of the community, paying taxes, generating power, providing jobs,' Nilles says. 'But that’s where the emissions are.'"
a:Michael-Grunwald  p:Politico  d:2015.05.26  w:7000  environment  regulation  process  law  climate-change  public-health  economics  energy  from twitter
march 2016 by bankbryan
Government Can't Force Apple to Bypass iPhone Lock Screen, New York Judge Rules
"In considering the burden the requested relief would impose on Apple, it is entirely appropriate to take into account the extent to which the compromise of privacy and data security that Apple promises its customers affects not only its financial bottom line, but also its decisions about the kind of corporation it aspires to be. The fact that the government or a judge might disapprove Apple's preference to safeguard data security and customer privacy over the stated needs of a law enforcement agency is of no moment: in the absence of any other legal constraint, that choice is Apple's to make, and I must take into account the fact that an order compelling Apple to abandon that choice would impose a cognizable burden on the corporation that is wholly distinct from any direct or indirect financial cost of compliance."
a:James-Orenstein  a:Andrew-Crocker  a:Parker-Higgins  p:EFF  d:2016.02.29  w:1000  law  law-enforcement  Apple  iPhone  encryption  IT-security  from twitter
march 2016 by bankbryan
Opening Pandora’s iPhone
"If you want to see the future, look to the past.
— If you don’t believe the police will unlawfully use the key, then I encourage you to study the history of the fourth amendment
— If you don’t believe the key can be duplicated, then I encourage you to study the history of encryption
— If you don’t believe that government computers can be hacked, then I encourage you to study the history of computing
— If you don’t believe the key will be abused, then I encourage you to study the history of humankind"
a:John-Kirk  p:Tech.pinions  d:2016.02.21  w:1500  encryption  Apple  iPhone  law  law-enforcement  history  hacking  IT-security  from instapaper
february 2016 by bankbryan
Will the Supreme Court Just Disappear?
"The Supreme Court is a strange, Oz-like construction. It has no army or democratic mandate. Its legitimacy resides in its aura of being something grander and more trustworthy than a smaller Senate whose members enjoy lifetime appointments. In the new world, where seating a justice is exactly like passing a law, whether the Court can continue to carry out this function is a question nobody can answer with any confidence."
a:Jonathan-Chait★★  p:New-York-Magazine/Daily-Intelligencer★  d:2016.02.21  w:1500  future  2016-election  law  politics  government  Supreme-Court  from instapaper
february 2016 by bankbryan
Customer Letter - FAQ
"The digital world is very different from the physical world. In the physical world you can destroy something and it’s gone. But in the digital world, the technique, once created, could be used over and over again, on any number of devices. Law enforcement agents around the country have already said they have hundreds of iPhones they want Apple to unlock if the FBI wins this case. In the physical world, it would be the equivalent of a master key, capable of opening hundreds of millions of locks. Of course, Apple would do our best to protect that key, but in a world where all of our data is under constant threat, it would be relentlessly attacked by hackers and cybercriminals. As recent attacks on the IRS systems and countless other data breaches have shown, no one is immune to cyberattacks."
p:Apple★  d:2016.02  w:1000  letter  Apple  iPhone  encryption  law  law-enforcement  hacking  IT-security 
february 2016 by bankbryan
Surprise! Controversial Patriot Act power now overwhelmingly used in drug investigations
"Assume that any power you grant to the federal government to fight terrorism will inevitably be used in other contexts. Assume that the primary 'other context' will be to fight the war on drugs. I happen to believe that the drug war is illegitimate. I think fighting terrorism is an entirely legitimate function of government. I also think that, in theory, there are some powers the federal government should have for terrorism investigations that I’m not comfortable granting it in more traditional criminal investigations. But I have zero confidence that there’s any way to grant those powers in a way that will limit their use to terrorism."
a:Radley-Balko  p:The-Washington-Post★★  d:1000  terrorism  law-enforcement  9/11  law  recreational-drugs  from twitter
february 2016 by bankbryan
A Bug in the System
"Marler has filed suit against Jensen Farms and retailers like Walmart and Kroger, but he is also suing PrimusLabs on behalf of listeria victims. There is no clear legal basis for doing so. Because PrimusLabs is a private company, hired by another private company for a private purpose, its lawyers contend that its only legal duty is to the producer that commissioned its audit—not to the consumers who bought a cantaloupe several steps down the supply chain. Attorneys for PrimusLabs have tried repeatedly to have Marler’s lawsuit dismissed. In most jurisdictions, they have failed. Marler says that the PrimusLabs attorneys have made a strategic blunder. An early settlement would have kept the outbreak relatively quiet, he told me, but each time the court rejects a motion by Primus to dismiss the case a precedent is set. 'There was an empty desert between us, and I wasn’t even sure they were there,' he said. 'Then they started leaving bread crumbs. They’re creating a road map for how to try a case against them.'"
a:Wil-S-Hylton★  p:The-New-Yorker★★  d:2015.01  w:5500  safety  food  law  public-health  regulation  from twitter
february 2016 by bankbryan
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