Lou Pearlman Discovers New Act: Police Informant

Music producer Lou Pearlman, whom we have to thank for the "boy band" phenomenon of the mid-1990s, has recently tried to clean up his image by revealing to authorities information he has gleaned about a murder case while he serves his time in prison. Pearlman, convicted of fraud and sentenced to 25 years in prison for bank and investment scams, overheard a conversation between two inmates from his cell in a federal prison. Pearlman claims he heard Davin Smith, accused of murdering a cop during a failed robbery attempt, confess his guilt to another inmate. According to Pearlman, Smith and another man, Hugo Terry, were attempting to use a stolen bank card to rob a local bank when a stranger walked up. They attempted instead to rob the man, who turned out to be a cop, and according to Pearlman, Smith shot the officer before he could pull his own gun on them.

Pearlman's account did not skimp on the details of his exchanges with Smith and the conversations he overheard, as his information could win him an early release from his own sentence. Joy Ragan, attorney to Hugo Smith, argues that Pearlman has no concrete evidence of the conversations, and that his cooperation is simply a ploy to help himself. Pearlman's lawyer, however, asserts that he is only fulfilling his "duty as a citizen." Pity that Pearlman did not feel the same duty to those from whom he stole that $300 million...

Source: CNN and the Orlando Sentinel

Olympic Games Do Not Divert Human Rights Attention

With the opening of the 2008 Olympic Games just a week away all eyes are turned towards Beijing in what is becoming unwanted attention for the government. Eager to impress the hundreds of nations participating, China has been making improvements to the capital city for a number of years. From building facilities to house the games and limiting car travel to ease pollution, the Chinese government has been made several adjustments to make Beijing as visitor friendly as possible in time for the August 8th opening. Unfortunately, it looks like China may be going a bit too far to mask some of their existing problems.

The communist country already faces criticism for their extreme censorship of the media, internet and their own people so becoming the epicenter for sports entertainment for the next several weeks is not helping their case. Initially, members of the media were told they would enjoy uncensored internet access while reporting on the Olympics leaving the world under the impression that perhaps China was finally opening up to some well-deserved criticism. Instead, reporters have been disappointed to find that although they can access the internet, a number of sites addressing human rights grievances have been blocked. A report from the BBC also notes that Chinese citizens are being detained, without trial, for showing opposition to the government’s response to the recent earthquakes that took thousands of lives including many children. Critics abound since the quake and subsequent collapse of several school buildings, questioning whether school buildings were ever up to standard or if more could have been done to prevent the deaths.

China appears to be avoiding these topics through simple censorship of any site that may spark a controversial conversation. In spite of their greatest hopes that hosting the World's games would change their reputation, many are already frustrated and discouraged by their way of turning a blind eye. Additionally, groups like Amnesty International are now pressing even harder, reminding the world of promises China made during their bid for the Olympics in 2001 to improve conditions for all people in time for the start of the games. With one week left, it looks like those promises are pretty empty.

Source: BBC

Sit Down, Relax. It's Just the Pledge of Allegiance

While it will no longer be considered a necessity for all students to stand during the Pledge of Allegiance, they will have to provide a note from parents in order to invoke the new right. The Court of Appeals for the 11th Circuit has delivered a somewhat indecisive opinion about the lawsuit brought against a Florida school system for not allowing students to remain seated during the pledge. A Florida teen introduced the lawsuit after he was reprimanded for his lack of respect for his country and sent to the office for the remainder of the school day all because he remained seated during the Pledge of Allegiance. In his eyes, the decision to stand or remain seated is an important expression of individual rights, one that was violated when he was given the limited options to either stand or leave the class.

Instead of answering yes or no to the question of where rights of the individual end and allegiance to our country begins, in this instance, the court is leaving the decision up to parents. A law drafted in 1942 requires all public schools to lead students in the pledge at least once a day but in the year following, the Supreme Court established that no student could be forced to recite it. Atlanta's circuit court faced quite the dilemma as allowing all students to remain seated could potentially cause a lack of pledge participants while forbidding them to sit could have been considered a threat to their religious beliefs. In light of this conflict, parents, one of the strongest decision-making bodies in a teen’s life, will be responsible for determining their child’s stance during the pledge. As for the precedence in this case, it looks like as long as you're living under their roof, you really do need to follow their rules.

Source: Cleveland.com

Maryland Reviews the Death Penalty

This week, a panel appointed by Maryland Governor Martin O'Malley began to investigate the state of the death penalty in the state. Governor O'Malley, a Democrat, publicly opposes the death penalty, and the newly formed commission will be deciding on whether the practice should continue in Maryland.

In December of 2006, the state's supreme court ruled in Evans v. State that executions by lethal injection had not been administered correctly, leading to a hold on carrying out the death penalty until a set of new procedures has been drafted. Only two men have been executed in Maryland since the release of statistics in 2004 that called into question the fairness and consistency of the death penalty. The study, conducted by the University of Maryland, revealed that the pursuit of the death penalty varied widely between different counties in the state. Graver still was the realization that prosecutors tended to obtain the death penalty more frequently for crimes committed by an African-American against a Caucasian.

Members of the panel included former death row inmates, victims' families, police officers, and legal professionals. One notable speaker was the brother of Ted Kaczynski, more commonly known as the "Unabomber," who described the pain that the death penalty inflicts upon the families of the accused and the executed. The panel will continue to hear testimony and review statistics to reach a decision about the fate of the death penalty in Maryland.

Source: The Washington Post

California Battles the Bulge

California continues to take strides towards becoming the healthiest of America’s 50 states as its largest city considers a temporary ban on fast-food. The Los Angeles city council has been discussing testing the ban in the Southern region of the city where the fast-food market makes up an overwhelming 73% of all restaurants. The city council argues, despite opposition from the California Restaurant Association, that by not allowing other fast-food chains to open for one year, eateries offering healthier options will be given a better opportunity to introduce their fare to residents. Rising obesity rates and concern over the general health of south LA residents led to the introduction of the suspension.

The CRA on the other hand has immediately come out in disagreement with what the city council is proposing. According to their officials, the types of restaurants the city is looking to lure to the area have never shown interest in locating there and predict that a simple ban on fast-food will be no help in changing this attitude. In addition to the possible fast-food ban, the entire state recently adopted a law that effectively bans trans-fats from all food by the year 2011. Since being sworn into office 5 years ago, Governor Schwarzenegger has been an advocate for health and safety, signing a number of landmark bills into law regarding the environment and the well being of California citizens. Attempts by the California legislature to improve the quality of life for their residents have not gone unnoticed by the rest of the country but not all agree with the measures.

According to the CRA, it is not up to the city to decide what their residents can and can not eat and restaurants definitely can not be held responsible for the eating habits of their patrons. The decision is in the hands of individuals and if fast-food is what they want, fast-food is what they’ll get.

Source: MSNBC

Changes to California's Proposition 8 Prompt Legal Action

In response to the changes California's Attorney General made to Constitutional Amendment Proposition 8, opponents to gay marriage have threatened to sue the state, alleging that the new language unfairly biases the voter against the law. Proposition 8 was originally written "to provide that only marriage between a man and a woman is valid or recognized in California." However, the language had been constructed previous to a California Supreme Court decision in May, which overturned the marriage ban that had been implemented by Proposition 22, passed in 2000. A.G. Brown modified the language on this year's amendment proposal to reflect the fact that the court's ruling has rendered same-sex marriage legal in California, and that Proposition 8 will in effect be curtailing rights already enjoyed by Californians. The new language reads:

"Changes California Constitution to eliminate right of same-sex couples to marry (emphasis added). Provides that only a marriage between a man and a woman is valid or recognized in California. Fiscal Impact: Over the next few years, potential revenue loss, mainly sales taxes, totaling in the several tens of millions of dollars, to state and local governments. In the long run, likely little fiscal impact to state and local governments."

Supporters and opponents of gay marriage alike agree that the new wording will probably hurt the amendment's chances of passing (although a majority of Californians support a same-sex marriage ban). A spokesperson for the Protect Marriage coalition, an group against gay marriage, has declared the new language "inherently argumentative" and calls the change an "about face" from the original amendment. The suit was filed in the Sacramento County Court on Tuesday.

Source: The LA Times and San Francisco Chronicle

Italy's Text for Food Program

In the face of rising food prices worldwide, many countries have devised creative means of ensuring that their people can still afford to be well fed. For some in the U.S., urban gardens have provided a price shock absorber, as well as a source of urban renewal and communal unity, while across the globe the thrifty and environmentally conscious have been shifting to vegetarian and local diets. One of the most innovative methods has been implemented in Italy, which has begun to facilitate smart shopping and price-checking for its citizens using SMS technology.

Partnered with consumer advocacy organizations, Italy's government has set up a text messaging program that allows shoppers to check average food prices for their region against the prices asked at their local markets. If a shopper is looking to purchase a tomato, for example, she may enter the type of produce in a free text to the number, and will receive the average prices and wholesale price in a return message.

Tom Standage, business editor at the Economist, explains to the BBC that the function of the text messaging service is to empower consumers with information, which in turn will create more efficient markets. While the success of the service is yet to be measured, it may provide a local model for dealing with the global food crisis, one likely to be emulated in markets worldwide.

Source: The BBC

Flip That Site

You are probably familiar with the concept of "flipping" a house; buy a piece of junk, fix it up, and sell it for a profit. The process has grown increasingly popular, inspiring reality tv shows and ambitious entrepreneurs alike. Now, according to The New York Times, flipping has adapted to the internet age, and savvy web designers are making a pretty profit by fixing up unpopular, unsightly, and unsuccessful web sites.

Small-time web designers have been raking in the cash by purchasing websites through online markets, including EBay, which have seen explosive growth in recent years. The expanded trading of websites has been facilitated by free services available on the internet, including advertising, that can improve website traffic. Flipping experts recommend that newcomers carve out a specific niche for their site, to focus advertising and break into an arena with minimal competition. The sites most popular for flippers tend to be "low maintenance," such as blogs or information banks. While modifying the site layout and design is often crucial to flipping a site, generating traffic is also a high priority in terms of value.

Big names on the web have also taken to web site flipping. One notable example was People.com's purchase and revamp of Celebrity Baby Blog, which covered a very specific subject People had not yet capitalized on. People's purchase is estimated to have been in the millions, which is a much pricier flip than most are willing or able to make. While the FTC frowns on both small fry and big time flipping as schemes for making a quick buck, it seems that this lucrative hobby is just getting started.

Source: The New York Times

Louisiana Officer Could Face Charges after Taser Death

Officer Scott Nugent was suspended, then fired by the Louisiana State Police Department after he was found responsible for the death of a 21 year old man this January and now could face more serious consequences. Scott Pikes was killed after he was chased down by police and received a number of shocks from a taser, administered by Nugent. Officers were following up on a warrant for Pikes arrest on the grounds of cocaine possession but it appeared that during the chase he posed no harm to any of the officers restraining him. It was announced by the coroner’s office that Pikes did in fact die from the trauma resulting from nine different 50,000 volt shocks and that they were distributed even after he was cuffed and seated in the police vehicle.

Although the exact time of death can not be determined from the test results, the office is fairly certain that Pikes died before Nugent had discontinued his taser usage. The questionable actions of Nugent that ultimately led to Pikes death caused the police department to open an investigation and deliver their findings to the district attorney's office. Following the release of the details to the DA, a grand jury was called upon to determine whether Nugent should be facing more than just unemployment. The grand jury is scheduled to meet beginning August 12th to determine whether the evidence found in the investigation is enough to begin a trial.

This tragic incident has been the source of quite a heated debate with many believing a trial will be the only way Nugent is brought to justice. While the evidence found has not been released to the public, it is known that of the 14 times tasers have been used since their introduction to the police force, 10 of those times Nugent has been the user. If this case were to come to trial it could bring up a number of issues the state of Louisiana has been dealing with. Not only would the trial answer questions of whether or not Nugent was using the taser carelessly but also if he was targeting Pikes due to his race and if tasers are necessary at all in Louisiana.

Source: CNN

Surge in Debt Leads to Courtroom Overhaul

As debt collection lawsuits have become all too common in recent months, the overburdened judicial system has been forced to adapt in creative ways. The increase in debt cases has drawn attention to inconsistencies in court rules that drain the system of funds and valuable time, so lawyers, consumer advocates, and bar associations have teamed up to streamline state and local debt-relief norms.

The solution to the bloated courts does differ depending on who you ask. For creditors' attorneys, the priority is standardization within the state. When court rules differ between individual counties, lawyers lose precious time determining what forms are necessary in which courts. The National Association of Retail Collections Attorneys has worked to revive state bar associations for creditors' attorneys, to encourage local regulation of rules and standards.

Consumer advocates and debtors' lawyers have also spoken out in favor of reform. According to the National Law Journal, "consumer advocates are focused on making sure that debtors are properly notified of lawsuits, have sufficient time to respond and can overturn the judgments later if necessary." These groups favor standardization as well, hoping it will relieve the confusion many debtors face in the unfamiliar courtroom.

In several states, legal professionals have collaborated to fix the system. The state of California modified its court rules last July to simplify the proceedings and cut down on court appearances. Massachusetts is another state that has reviewed its debt collections procedures, putting together a panel of interested parties to recommend changes, which included a standard form for record payment agreements. The two are paving the way for reforms in states nationwide, bringing a much needed overhaul to the system just in the nick of time.

Source: The National Law Journal

Iraq May Sue for its Right to Olympic Glory

Last week, the International Olympic Committee announced that it will bar Iraqi athletes from competing in this summer's Olympic games in Beijing. In June, the Iraqi government chose to disband its National Olympic Committee (NOC) in violation of the IOC's rules against government intervention, a move which some observers believe to be politically motivated. Under the reign of Saddam, the NOC was chaired by Hussein's son Odai and had remained predominantly Sunni. In contrast, today's Youth and Sports Ministry is a Shia stronghold, which may have led to sectarian tensions between the two groups.

The Iraqi government dissolved the NOC in May on the grounds that the committee did not have enough members to form a legal quorum. However, the NOC is missing four of its members due to a 2005 kidnapping, a crime that remains unsolved. The IOC first declared the ban in June, but granted an Iraqi request for appeal. Unfortunately, the government did not meet the IOC deadline, and only a few days remain before the prohibition becomes irreversible.

Basil Abdul-Mahdi of the Ministry of Youth and Sports has spoken out against the IOC decision, and says they will fight for Iraq's participation in Beijing. While he was unsurprised by the ban, he has also mentioned the possibility of a suit to defend Iraq's right to compete for gold. Five athletes from Iraq would have had the chance for Olympic glory; their places have now been handed out to others. The greatest tragedy may be that throughout the war, sports have served to unify the country, providing activities that Iraqis from all backgrounds could enjoy together. Hopefully a solution will be reached in time.

Source: The Wall Street Journal Law Blog

Better Think Three Times Before Leaving Your Fiance

If you’re looking for the latest in lawsuits, you’ve come to the right place. Most think they’ve heard it all when it comes to who’s suing who, but this Florida woman has thrown us a curve ball. RoseMary Shell, former bride-to-be, has determined that the perfect solution for what do you do when your fiancé says “I don’t”, is to sue him, plain and simple.

Shell had been with fiancé Wayne Gibbs on and off for seven years, years in which Shell says Gibbs promised marriage but continued to delay it. Two years ago, Gibbs appeared to making good on his word when he issued an official proposal, assisted in moving Shell away from her home, job and life in Pensacola, Florida and set a date. It was to Shell’s horror when Gibbs postponed yet again, this time with a note in the couple’s bathroom. Perhaps it was the nature of the message or maybe just the thought of leaving everything behind for an empty promise, but Shell decided enough was enough. She filed a lawsuit against Gibbs for financial and emotional damages contending that she had given up a stable career and financial independence based on his promise of marriage. Shell and her lawyer knew they would have a tough case to fight, attempting to prove that an engagement serves as a binding contract.

To their surprise, the judge ruled in favor of Ms. Shell’s claim awarding her $150,000, a number that has her and many others in shock. Gibbs had argued that he left Shell after realizing how much debt she was in, concerned that it could damage his own financial success but the judge would not have it. In spite of Shell's big win, she announced on The Today Show that she was more satisfied with the potential of new precedence when it comes to an engagement. Gibbs will no doubt be appealing the decision as their engagement, along with most others, was never put in writing.

This case produces a whole slew of questions. Does the verbal agreement upon marriage constitute the same contractual agreement that the marriage itself does? In the UK, the engagement ring is considered a valid sign of the promise of marriage but it has not been so black and white in the US. Even so, does Shell really deserve a reward for being dumped and if so, that much? Should engagements be considered anything less than a binding agreement? The Today Show is tallying votes here or let us know what you think in the comments portion of our blog.

Source: MSNBC

Lawdable Quotes: Plato

No law or ordinance is mightier than understanding.

~ Plato

Lawdable Quotes: Aristotle

It makes no difference whether a good man has defrauded a bad man, or a bad man defrauded a good man, or whether a good or bad man has committed adultery: the law can look only to the amount of damage done.

-Aristotle

New York Anticipates Constitutional Challenge of Video Game Law

New York Governor David Patterson recently signed a bill regarding video game controls into law, but state legislators already know it was most likely a waste of their time and taxpayers' money. The reason for this notion is that the video game debate has become one of the most heated in New York history. While the new law went through a series of changes and interpretations, it came out of the legislature this week with only a few provisions focusing on parental controls and game ratings. Supporters and opponents alike are displeased with the outcome with some believing the bill will do nothing to end violence among New York's youth and others, that government control on this segment of society is by no means necessary.

Challengers include members of civil rights, entertainment and tax reform groups who argue, among other things, that the legislature was knowingly wasting their constituents’ tax money by allowing this bill to pass. Opponents are confident the law will be declared unconstitutional in court, a thought that is probably not far off base considering similar laws around the country have already met this fate. Still, the state government is hoping that their removal of certain segments which would have made it illegal to produce excessively violent games will lead a judge to think twice before striking down the law.

While the law was cut back to only require parental controls on all game consoles by 2010 and more obvious age ratings on covers, it is also supporting extensive research in the field of video game effects. The state is hopeful that if they must face their opponents, they will be armed with evidence that video games have a direct effect on teenage behavior.

Source: MSNBC

Who Said Security Breaches Were Always a Bad Thing?

The BBC reports that the fare cards for two European public transportation systems have seen their first major security breach, but the hackers responsible are not your everyday criminals. Researchers from the Radboud University in the Netherlands discovered an all too easy way to create copies of the card which could ultimately provide free transportation to anyone who can access one. The researchers never had the intention of using their knowledge to take advantage of the transportation system but maker of the card's chip, NXP, has been fighting to prevent the information release fearing the worst from those who might get their hands on the information. The researchers aimed to publish their results, along with the process of copying the card's chip, in time for a security conference to be held later this year.

Lead researcher Bart Jacobs insists the knowledge must be shared to prevent further breaches of this nature but NXP responded by filing an injunction to stop the university. Representatives from NXP point to the inability of the systems currently utilizing their chip to make rapid enough changes to hold off on abuse of the system. Currently, the chip is being implemented in fare cards all over the world, primarily in Europe, and estimates of its usage stand at 1 billion. Smartcards were developed in order to provide easier, less expensive access to public transportation for frequent travelers, but with users getting their hands on fraudulent cards, the whole system could be damaged.

Despite NXP’s warnings, a Dutch judge has just ruled that the Radboud researchers work will be published and distributed at the upcoming conference. To add insult to injury, the judge after overturning the injunction, declared,

"Damage to NXP is not the result of the publication of the article but of the production and sale of a chip that appears to have shortcomings."

It is clear that this judicial system believes those who have brought injury upon themselves deserves no mercy. Researchers along with security officials throughout Europe are praising the judge’s decision claiming that in the long run, exposing the flaws in classified information will lead to a system much less susceptible to a security breach.

Source: BBC

Librarian Creates Controversy in Small VT Town

In a recent case of search and seizure, a Vermont librarian came to the rescue of her patrons’ rights to privacy. While police were searching for then missing pre-teen, Brooke Bennet, they received tips that led them to the public library in Randolph, Vermont, only without a warrant. Despite the urgency of the case, librarian Judith Flint refused the numerous police officers that arrived on the premises the permission to search through the libraries computer system. Police insist Flint should have let them begin their search counting on the fact that a warrant was on the way but her supervisor, along with the director of the American Library Association, have come to her defense.

The explanation for Flint’s actions are simple; she was upholding the promise to patrons that anything searched for on the computers or checked out of the library will be kept private unless a search warrant is presented. Police on the other hand are not as satisfied with Flint’s excuse. Although the officers received the warrant later on that day and were able to legally access the library’s computer system, they argue that such delays could hurt the chances of finding a missing person. In the case of Brooke Bennett the few extra hours did not make a difference but concerns are rising that similar conflicts may hurt the viability of future missing persons cases.

The introduction of the Patriot Act in October 2001 allows for the search and seizure of various records including those of at the library in an attempt to foil possible terrorist attack plots. The ALA has openly opposed the law since its approval and does not believe it should apply in any cases not involving a terrorist threat.

Unfortunately the conflict remains unsolved. A quicker search would not have made a difference for Brooke Bennet, but could it make a difference in the future?If so, what are the long term effects of sidestepping warrants in the name of an emergency?

Source: MSNBC

Courtroom Triumph for Elie Wiesel

Last year Elie Wiesel, one of the world's most eminent writers and peace activists, was assailed in a San Francisco elevator by a young man, intent on forcing the octogenarian to deny the Holocaust. This week a San Francisco jury found Eric Hunt guilty of a hate crime felony for his assault of Dr. Wiesel.

In 2007, Eric Hunt had saved up $10,000 to travel cross-country and locate Elie Wiesel. Hunt had been suffering from mental illness and according to the defense, is bi-polar. He took his chance with Wiesel on February 7th, when he entered an elevator with him, trapped him and then wrenched him out demanding an interview. When Wiesel called out for help, Hunt bolted.

He was charged with 6 separate felonies, including perpetration of a hate crime, abuse of the elderly, and battery. Only the hate crime charge stuck as a felony, while the other two were decreased to misdemeanors. Hunt has already served 18 months, and will probably be released soon thanks to good behavior. His defense maintains that he was simply a confused and mentally ill kid, not the Holocaust denier or racist the prosecution had created.

Dr. Elie Wiesel, a Nobel Laureate who has played a significant role in the recognition of the Holocaust and hate crime prevention, poignantly described the fear he experienced to the courtroom. But, the jury concluded that Hunt had no intentions to kidnap Wiesel, despite the foreman's acknowledgement that his treatment of Mr. Wiesel may not have been particularly "polite."

Source: The San Francisco Chronicle

Libel Lawsuit Rules Facebook Is Not A Joke

Facebook is making headlines this week as it introduces the latest version of its social networking platform but today we're focusing on the gavel that has fallen on a libel case just across the pond. Mathew Firsht and Grant Raphael faced off in court just outside London recently on the grounds that Raphael had created a Facebook page in Firsht's name in order to damage his reputation. Former school mates, and coworkers at one point, Raphael knew enough about Firsht to create the believable profile and add a few fallacies after a business disagreement. Firsht, who depends heavily on his reputation in his work as a production coordinator of tv audiences, claimed such a profile could severely damage his business and sought monetary compensation for the profile he considered libel. The judge in the case sided with Firsht and chose to overlook Raphael's rather weak plea that the profile was created by visitors to his apartment without his knowledge. Considering the pairs history, the judge quickly ruled in favor of Mr. Firsht determining he was entitled to close to $35,000 in damages.

False profiles have become common on many social networks and with a rising prevalence of identity theft, the public is faced with the scary thought that you can become whoever you want on the internet with relatively no questions asked. The introduction of the new Facebook means that the many critics of social networks are temporarily appeased. Top executives for the company convinced their audiences that new controls will make the service more user friendly and less likely to leak unwanted information throughout the world wide web. Additional features include opt-in programs for connecting your Facebook profile to outside web pages allowing you to share with friends just what you’re getting into, as well as improved applications through increased regulations on who gets to publish them. For a more detailed look at the Facebook upgrades, check out the New York Times article covering the latest F8 conference.

Taking this case into consideration, it seems that the only feature Facebook is leaving out is a new user screening process to ensure you’re really who you say you are. On the other hand, invasive background checks for a social network? That doesn’t sound too appealing. Then again, neither does a court date.

Source: Times Online, New York Times

ABA's Greatest Legal Movies of All Time

This month, the American Bar Association Journal published a list of its top 25 Greatest Legal Movies, a diverse mix of comedy, drama, and cinematic masterpieces. Picks include some good laughs from My Cousin Vinny and Chicago, as well as some predictable choices like A Few Good Men and Erin Brokovich. Surprise winners included Amistad and Miracle on 34th Street, at number 25. And of course, at Number 1, was the touching legal classic, To Kill a Mockingbird.

The ABA Journal's panel of judges included 12 lawyers and law professors who specialize in film and entertainment. Also worth taking a look at is the ABA's article, "How I Learned to Litigate at the Movies."

Did the ABA miss any crucial legal films? Let us know what flicks would make your list in the comments below.

Selected Pyotr Ilyich Tchaikovsky's Public Domian Mp3s

Our spotlight on public domain music this week is focused on Tchaikovsky's 1812 and Romeo and Juliet overtures. These works are hosted by Musopen, a website dedicated to distributing works that are in the public domain.

(To download the mp3s, right click and select save target as)

1812 Overture

Romeo and Juliet Overture

For more free music visit Musopen and to support their efforts to distributing works in the public domain, click here.


Care for a visual stimulus as well? Watch the Romeo and Juliet Overture below:

Flat Stanley Enters a Whole New Realm

A world-renowned jet-setter, pen-pal to school children, friend of foreign dignitaries and celebrities, a well-trodden fellow; all appropriate descriptions for the infamous character Flat Stanley created by…well, that seems to be the problem. Flat Stanley’s likeness was introduced in a series of books written by Jeff Brown about Stanley Lambchop, a young boy who gets flattened by the fallen bulletin board. The character inspired third grade teacher Dan Hubert of London to start a grade school craze. Dan Hubert brought Flat Stanley to the classroom in 1995 thinking it would be an educational experience for the kids to reach out to pen pals across the globe and see where the paper doll could end up. With Flat Stanley touching down on just about every place known to man, the popularity of the books began to rise, but the story of Stanley Lambchop started changing to reflect Hubert’s more well-known interpretation.

With Broadway and movie deals, not to mention all the Flat Stanley swag in the works, one would think Hubert would demand some of the profits that the late Brown’s estate is raking in. Think again. Instead, members of Brown’s family are insisting that Hubert surrender his website, www.flatstanley.com, to the estate without the slightest compensation. The Brown estate believes that those wishing to buy the books, movies and memorabilia are accidentally ending up on Hubert's site which carries the logical domain name for the project. Hubert's site offers advice on how to start the project at your school and gives examples of past Flat Stanleys who have already completed their journeys around the globe.

In spite of Hubert's good-natured intentions, the Brown estate plans to take him to court if he will not give up the site. Hubert is hoping the court will show some mercy considering he is a teacher and makes no profit from the site. Still, he tells supporters that the biggest loss of all in this case would be the inability to continue passing the project on.

Source: CNEWS

Persistent Paralegal Fights to Shed Light on Kennedy Assassination

Angela Clemente, a New Jersey paralegal who has dedicated much of her career to investigating government corruption, filed suit against the FBI this week for failing to comply with her FIA request for the classified file of Gregory Scarpa Sr., a man who may be tied to the assassination of President Kennedy. Clemente officially requested Scarpa's file in April, the FBI confirmed in June that the documents would be located and sent to her. Clemente never heard back. Federal law states that one can file suit if the information requested under the Freedom of Information Act is still unavailable 20 days after receipt of the confirmation letter. And thats just what she did.

The withheld file of Gregory Scarpa, a mobster who worked as an informant for the FBI and had ties to the Kennedy assassination suspect Carlos Marcello, the "Godfather" of New Orleans, has been requested in the past. A Congressional investigation led by G. Robert Blakey, now a law professor at Notre Dame, had also indicated that the FBI was less than forthcoming with information about both Marcello and Scarpa. Today, Blakey lauds the efforts of Ms. Clemente, questioning why the FBI documents used in his investigation in the 1970s were so heavily redacted and expressing frustration with the FBI's secrecy.


For several years, Angela Clemente worked on a case tackling corruption and informants for the Brooklyn D.A., which required her to conduct an in depth investigation of Scarpa's relationship with a former FBI agent accused of murder. When the case fell apart, Clemente reviewed her research on Scarpa, and became suspicious when she recalled the difficulty of obtaining information on him for her former trial. Her curiousity about the FBI's hesitance to divulge his file ultimately drove her to pursue the Scarpa-Marcello-Kennedy link, and to file her lawsuit this week.

Source: The New York Times

MIT OpenCourseWare: Law and Society

MIT's OpenCourseWare

21A.219 / 11.163J / 17.249J Law and Society

Want to take a course that MIT students have taken? Through the OpenCourseWare initiative you have the ability to develop a program of self study based upon previously held classes. The first course in the series is Law and Society. This anthropology course was held at MIT during the spring of 2003. Our series will focus on law classes but the OpenCourseWare initiative has many classes in numerous disciplines and is well worth checking out on its own.

Happy learning!

Course Materials:
 

Course Syllabus (PDF)
 

Lecture Notes:
Jurisprudential Paradigms
Criminal Justice System
Civil Justice System
Civil Justice System (Continued)
Players In The System: Judges
Legal Profession
Alternatives to Law: Varieties of Dispute Processing
Evolutionary Theories of Social Change: Maine and Durkheim
Law, Class Conflict and the Economy: Marx
Law and the State: Weber
Law and Social Change (Continued)
Law and Everyday Life, The Common Place of Law
 

Additional Materials:
Readings
Assignments

Course Description:

Law is a common and yet distinct aspect of everyday life in modern societies. This course examines the central features of law as a social institution and as a feature of popular culture. We will explore the nature of law as a set of social systems, central actors in the systems, legal reasoning, and the relationship of the legal form and reasoning to social change. The course emphasizes the relationship between the internal logic of legal devices and economic, political and social processes. Emphasis is placed upon developing a perspective which views law as a practical resource, a mechanism for handling the widest range of unspecified social issues, problems, and conflicts, and at the same time, as a set of shared representations and aspirations.

We will explore the range of experiences of law for its ministers (lawyers, judges, law enforcement agents and administrators) as well as for its supplicants (citizens, plaintiffs, defendants). We will examine how law is mobilized and deployed by professionals and ordinary citizens. We cannot cover all aspects of the legal system, nor focus on all the different actors. A set of topics has been selected to develop understanding of the situational and systemic demands within which actors in the legal system operate and perform their roles; at the same time, we will try to discover systematic patterns in the uses and consequences of law. Throughout the course there is concern for understanding what we mean by legality and the rule of law.

Update from Wikimania 2008

Every year, the Wikimedia Foundation hosts a conference for Wiki contributors and enthusiasts worldwide, and this week, it is being held in Alexandria, Egypt. Wikimania, as the annual get together is now dubbed, is a forum for innovation and brainstorming, and a soap box from which Wikipedia can promote freedom of expression and information. Alexandria, home of an ancient classical library that had once attempted to assemble all of the world's knowledge under its roof, is an apt location for Wikimania. Today, the new Alexandria library is trying to live up to the city's reputation as a center of learning, amassing Arabic texts in digital format to establish itself as a library of the future.

Wikipedia junkies from throughout the Middle East were invited to partake in Wikimania 2008, which has dedicated a good deal of time to issues specifically related to Arabic Wikipedia. Some controversy was stirred up by several reporters, who questioned Wikipedia's commitment to the Arabic version (which is tiny in comparison to the English, which has over 25 million posts), and who took an interest in the presence of Israeli contributors at the conference. The administrators of the Arabic Wikipedia site maintained that it was the responsibility of the users and public to make greater contributions, and that the collaborative process can take time. As for the two Israelis in attendance, while they did run into some skepticism from their Arab counterparts, their Arabic language fluency and desire to work and learn from the meeting's cultural dialogue eased the tension.

Most importantly, the conference addressed the urgent need for the dissemination of knowledge and freedom of speech in the region. The presence of the Israeli wikipedians was evidence enough of the site's commitment to incorporating the valid content of any contributor, regardless of perspective or philosophy. Wikipedia founder Jimmy Wales also graced the conference with an analysis of the current threat to the project in Egypt itself, where President Mubarak has been known to imprison bloggers and restrict the press.

But despite Wikimania's message of free expression, the traditional liberty accorded Wikipedia posting may be tightening. Wiki has recently begun to tackle the plague of vandalism that has hit several of the Wiki sites. German articles have been especially prone to bogus posts, and so German Wikipedia has chosen to implement a system of "checks" which must take place before any article is viewed by the public. Administrators hope that the process will only be a temporary measure to discourage bad posts, rather than a permanent method of censorship. Jimmy Wales hopes this will allow Wikipedia to eventually feature "stable" versions of articles as well.

We here at Fastcase are all in favor of the democratization of information, and look forward to Wikipedia's future on the world stage.

Source: The New York Times

Flint Saggy Pants Law Stays the Course

On June 26th, the green police chief of Flint, Michigan announced that the city now has the authority to arrest young men for their sagging pants, labeling the fashion trend indecent exposure and disorderly conduct. A violation can lead to jail time and a hefty fine, although since its inception, the Flint police have only issued warnings. The officers assert that they are committed to spreading word of the new law to make sure that potential offenders are informed.

The move by Chief David Dicks has been a controversial one, sparking both criticism and skepticism from the community and civil rights activists. Some worry that the law will disproportionately target young African American males, while many teenagers argue that it is a valid style choice. One 16 year old states to the Detroit Free Press:

"If I pay for my pants, I should be able to wear them how I want to."

The ACLU also opposes the ordinance, and issued a letter to the city threatening legal action should it stay on the books. The ACLU deadline has now passed, and Dicks has not relented; it may only be a matter of time until a suit is filed. Gregg Gibbs, an ACLU lawyer in Flint, states that the code is a violation of the 1st Amendment, criminalizing a "style of dress" based on Dicks' personal preference. But many also oppose the law from a practical standpoint, arguing that it diverts valuable resources and police manpower from tackling the city's crippling crime rate.

But, Dicks is undeterred:

"Some people call it a fad. But I believe it's a national nuisance. It is indecent and thus it is indecent exposure, which has been on the books for years."

How do you feel about the sagging pants phenomenon? Let us know in the comments.

Source: The Detroit Free Press and The Guardian

US Opens First War Crimes Trial Since WWII

The trial of Salim Hamdan, former driver of Osama bin Laden, began this week in Guantanamo Bay, Cuba making history for a number of reasons. Hamdan's trial is the first of a number of US war crimes trials that will prosecute prisoners allegedly involved in the attacks on September 11th and also the first of its kind in over 60 years. It has taken nearly seven years to begin the trials but time has not made the court forget its responsibility to the judicial system. The honorable Judge Keith Allred made a point to remind all potential jurors that their previous knowledge and feelings about the attacks on America can not be involved in their deliberation.

The trial has started out slowly beginning with an official not guilty plea from Hamdan and now has moved onto jury selection. Considering the nature of the case, it is necessary that both the judge and jurors are military officers. The prosecution and defense must agree on at least 5 of those chosen by the Pentagon to serve on the jury panel for the trial. In addition to the reminder issued by Allred, he was also sure to strike any evidence he considered to be gathered inappropriately. With emotions still running high from the 9/11 attacks and questions lingering about the treatment of prisoners at Guantanamo, it will be hard for the landmark case to stay out of the spotlight. It is clear though from Allred’s various decisions, he would like the trial to move forward quickly and remain as non-controversial as possible.

Source: ABC News

Courts Address Sleeping Disorders

American’s suffering from sleep disorders can rest easy now that the D.C. Court of Appeals has ruled in favor of considering the disabilities under the federal Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990. Those suffering from a lack of sleep have seen employers question for years the legitimacy of their claims, considering none severe enough to qualify as a disability.

In the case of Desmond v. Mukasey, FBI special agent trainee Martin Desmond accused the FBI of discriminating against him for a sleep disorder he developed from his Post Traumatic Stress Disorder. Desmond worked with a number of FBI officials to treat his condition and applied for a location transfer in order to relieve some of his symptoms to no avail. Ultimately, Desmond was kept from graduating from the special agent program sparking the lawsuit into action. The suit purported that the FBI refused to recognize Desmond’s inability to sleep as a viable disorder and that discrimination ensued.

The court ruled in favor of Desmond and set the precedent that all employers must consider sleep disorders in the same light as all other disabilities. For sufferers, the affect of the loss of sleep will have no bearing on whether or not it is considered a disability. Any person receiving only 2 to 4 hours of sleep a night for a period of at least 5 months is considered to suffer from a disorder that affects "major life activity". Upon this decision, anyone suffering from a sleep disorder has the right to invoke any and all provisions under both the Rehabilitation as well as the Americans with Disabilities Acts without further scrutiny.

Source: Law.com

Mattel Proclaimed Victor in Barbie v. Bratz

A recent lawsuit involving copyrights and intellectual property pitted one infamous toy maker against another. Mattel, an American icon known for its Barbie doll created in 1959 sued MGA Entertainment, the company responsible for the new-age Bratz dolls, claiming that designer Carter Bryant came up with the plans for the doll while he still clocking hours with Mattel. Bryant was employed with the worlds largest toy company for several years in the 1990’s when the idea for Bratz first came about. Soon after joining the MGA team, the line of hip and more importantly, money-making dolls came onto the market.

Since the introduction of Bratz around the world, Mattel has seen a frustrating decline in sales of their Barbie dolls now considered too traditional in comparison, while MGA has steadily raked in profits by the millions. Unfortunately for MGA, their increasing profits could now be considered their downfall. A judge has ruled in favor of Mattel’s argument that they are actually the rightful holders of all intellectual property behind the Bratz line. While MGA has already announced that they will appeal the decision , the entertainment company should beware as talks are already surrounding what the damages could be in such a high stakes case. It is almost guaranteed that MGA will owe Mattel millions from the profits they have purportedly stolen over the past seven years, but the more important question is whether or not MGA will be asked to turn over the rights for the entire line.

From the looks of Mattel's homepage, the American toy giant is already busy celebrating their recent victory but in reality this case is long from over. Be on the lookout for more information regarding these rare but intriguing cases of your intellect or mine.

Source: BBC News

Lawdable Quotes: Robert Frost

A successful lawsuit is the one worn by a policeman.

~ Robert Frost

Lawdable Quotes: Frank Murphy

Jury service is a duty as well as a privilege of citizenship; it is a duty that cannot be skirted on a plea of inconvenience or decreased earning power.

~ Frank Murphy

In EU, Rock and Roll is Here to Stay...

In somewhat of a blow to the expansion of the public domain, the European Union has recently announced plans to extend copyrights for music recordings, currently set to expire after 50 years, to 95 years. While the proposal must still gain approval from the European Parliament and individual governments, the new move has stirred up a lively debate between those in favor of protecting artists' rights and those hoping to eliminate the royalties fees for consumers.

The EU decision comes at a turning point for the forefathers of rock and roll, who are reaching old age and would otherwise be losing the rights to their music just as they may be retiring. The music of the Beatles, for example, would lose its copyright in 2013. However, supporters of the extension argue that the musicians who are truly in need of the royalties revenue in their old age are those who were not in the limelight, such as session musicians or engineers. Charlie McCreevy of the European Commission explains:

"A 95-year term would bridge the income gap that performers face when they turn 70, just as their early performances recorded in their 20s would lose protection... the announcement focuses on the 'invisible' members of our industry - the musicians, engineers and session players whose names are hidden away in the liner notes and credits. "

The new law's detractors, however, maintain that the majority of the royalties would continue to end up in the pockets of the record labels rather than the artists. Many were simply looking forward to the day the pop oldies enter the public domain, and bemoan the possibility that the expenses will be passed on to the listeners.

Source: The BBC

What Would You Do for an Extra 500K?

As the economy continues to look somewhat less than vigorous, Americans have become more creative in their ways to save a few bucks and make a little more. Whether it’s driving cars on gasoline fumes or steeling manhole covers for scrap metal, there is no doubt that consumers have become more thrifty, just not necessarily in a good way.

This spring a Wisconsin woman went above and beyond all other "get rich quick" schemes when she planted a dead rat in her food at a well known restaurant located in Grand Chute. Believing her plan to be flawless, Debbie Miller demanded that the restaurant pay her $500,000 as restitution or she would report them to the authorities and of course, the media. Luckily for the restaurant, owners were skeptical of Miller’s claims and decided to run a few tests before coughing up the cash. The tests results returned with more than enough evidence to prove the restaurant's innocence and land Miller in jail, including that the rat had been microwaved, a feature absent from this restaurant's kitchen.

Several questions surround Miller's motives for the bizarre trick, particularly considering her previously sparkling clean record. Now facing charges of extortion, she could be spending her next few years in prison not a penny richer.

Source: CNEWs.com

South Korea Tests Trial by Jury

After last year's reforms, intended to bring greater accountability and public confidence to the South Korean judicial system, citizens are just beginning to notice their jury duty letters in the mail. Some critics argue that the public was not properly educated or informed about the switch to jury trials, but most agree that the formerly opaque and autocratic structure of the judiciary was in need of an overhaul. The system was inherited from the Japanese occupation of Korea in the early 20th century, during which the Japanese manipulated the courts to root out dissidents and imprison political rivals. With today's strong and vibrant democracy, South Korea hopes that the jury trials will make the courts more open and responsible to the people.

After testing out the new system with mock trials, South Korea held its first trial by jury in February. The model may not be permanent, and any aspects that receive negative feedback from the public or legal professionals can be modified. Trials in Korea are traditionally speedy, and some judges and lawyers have registered frustration with the slower pace created by the transitional period. Lawyers must now go into greater detail and speak in terms that ordinary people can comprehend, while judges bemoan the lengthier presentations given to sway the juries. Even so, trials in the new model usually last only one day, and the juries are only given one hour to reach a decision before a judge steps in to assist.

Cases in the higher courts will still be decided by judges only, and even the judges in the lower courts can override the decisions of the juries (until the final setup is decided upon).

What are your thoughts about the new Korean justice system? Will trial by jury be more of a cosmetic fix, or will it effectively democratize the judiciary? Let us know in the comments.

Source: The New York Times

Ex-Yukos Chairman Seeks Early End to Imprisonment

Former Russian business tycoon Mikhail Khodorkovsky will seek early parole for his 2005 imprisonment on charges of tax evasion. Khodorkovsky was the chairman of Yukos Oil company, previously Russia's largest, private business and greatest symbol of democratic development until his arrest in 2003 along with several other of the company's top executives. Critics around the world have suspected that the numerous charges the men faced had been falsified by the Kremlin and a great deal of suspicion still surrounds former President Putin since their incarcerations and the government's subsequent purchase of the company. Khordorkovsky was famous in Russia not only for being the country's richest citizen but also for his daringly open criticism of Putin's regime.

Khodorkovsky comes to the half-way point on his eight year sentence, conveniently after the installment of the country's new President, Dmitri Medvedev. In spite of skepticism that Medvedev was placed in the role by Putin himself, now serving as Prime Minister, Khodorkovsky, along with his team of legal representation, is hopeful that times are changing for the Kremlin. Both he and his lawyers have stated that they have reason to believe the court system in Russia is moving away from its corrupt past and will take a fair amount of consideration into his parole hearing.

Since his arrest in 2003, Khodorkovsky has maintained that he is innocent of all charges pressed and was recently quoted as saying, “From the beginning, there was never any necessity for my confinement, and there is even less at the current moment.” The statement refers to recently surfacing charges of money-laundering that could potentially hurt Khodorkovsky’s chances of an early release.

Source: New York Times

World Court Questions US Sentencing Methods

The United Nation’s high court has attempted to step in and stall the execution of a number of Mexican nationals currently on death row in the United States. Mexico asked the World Court to intervene after they found supposed errors in the way the US handled the trials of 51 of their citizens resulting in the death penalty. According to Mexico, the US judicial system deprived the Mexican citizens in question their right to seek consular assistance guaranteed by the Vienna Convention on Consular Relations in 1963. According to the article 36 of the treaty, every country has the right to know when one of its citizens has been charged with criminal activity while abroad and communication between the state and its citizen should be permitted

While the court is still reviewing whether or not the presence of consular assistance would have made a difference in the case of the 51 individuals, they have ordered that the US put a moratorium on all related executions. Although the court's rulings are considered binding, their inability to enforce the order leaves everyone wondering what the US response will be. Previous attempts by the Executive branch to stall the executions have been ignored by the courts holding to their sentences.

Source: Yahoo! News

Worldwide Knife Crime Survey

To diversify our posts on violent crime, which have focused on notable gun control cases in recent months, the Fastcase Blog today follows trends in knife crimes around the world. According to the BBC, violent knife crimes have been up drastically in the UK, thanks to gang rivalries and a violent youth culture. This week, the BBC investigates the knife carrying culture in several other countries, in an effort to find the roots of its tragic resurgence in Britain.

In many countries, violent crime is down in recent years, but concerns remain about the level of knife crime that persists. In Spain, for example, a BBC correspondent notes that ethnic gangs in the cities are the greatest worry, but they tend to stick to firearms. Some reports indicate a rise in knife violence among the youth specifically, but official statistics do not reflect a significant trend. In the U.S., despite an appreciable drop in violent crime in the city of New York in recent decades, its image as a major center for urban violence persists. Finally, Russia has reported that violent crime in Moscow has decreased by a third in 2008, but that skinhead gangs and hate crimes have taken over a new niche with knife related incidents.

Japan, however, is a country that has seen its level of violent crime grow, and knife violence has played a significant role in that increase. While crime in Japan remains relatively minimal, several gory public stabbings have led to an outcry against knife crime, which increased by 40% in 2007. Some are demanding that double edged knives, popular thanks to their use in video games, be outlawed.

So, while gun violence overwhelmingly dominates the public debate here in the United States, the knife carrying cultures in many other countries have warranted growing concern internationally. The BBC sums up the modern scourge of violent crime, summarizing the ideas of French criminologist Alain Bauer:

"Western societies are all caught in a similar pattern of youth violence, which... is linked to a collapse of confidence in authority."

Source: The BBC

US Goes Easy on Ebay

After losing millions of dollars in similar cases in Europe, EBay has something to celebrate now that they've defeated fine jewelry retailer Tiffany & Company in court this week. The case which has been in the works for a number of years was relatively open and shut as the deciding judge, the Honorable Richard J. Sullivan, issued an almost 70 page opinion listing all the reasons why EBay could not be held responsible for hunting down counterfeiters. In fact, the judge has placed most blame on Tiffany & Co. for not doing more to regulate counterfeit goods themselves. Judge Sullivan declared that essentially EBay, "can rely on intellectual property holders to monitor their sites, as long as they promptly remove material when rights holders complain."

While EBay plans to keep current regulation processes in place, there are no plans to increase the amount of counterfeit control in the US despite the changes that will be made to the European side of the site. Tiffany & Co. plans to appeal the decision to the United States Court of Appeal hoping to prove that EBay is clearly infringing upon their trademark and profiting from the crime. In the chance that the appeals court decides to rule against the online auction house, EBay will face more punitive damages but it could make it easier when it comes time to enforce new counterfeit regulations.

Source: New York Times

Spamming Gets Serious

Twenty- seven year old Adam Vitale of Brooklyn was sentenced to two and a half years in prison and ordered to pay fines of $180,000 after spamming over one million AOL users in 2005. Vitale was set up by the Secret Service almost three years ago now under the suspicion that he had been operating under false identities in order to complete his spam services. The trap he fell into with the unidentified government informant involved distributing emails throughout the AOL community in hopes of convincing users to shell out cash for a false computer security program.

In recent years the Department of Justice has taken greater care to ensure spammers do not go unpunished as the frequency and intensity of their crimes has taken a disturbing turn for the worse around the world. In the CAN-SPAM Act of 2003, specific regulations were set to define spam and make it easier to catch perpetrators, including Vitale. Vitale directly violated the act by taking advantage of other computers in order to retransmit the emails and falsify headers to make them impossible to trace, so he thought. After being charged for his violations, it didn't take Vitale much time to decide he'd be better off admitting to his crime.
In spite of his previous 22 convictions, this spammer will see the lighter side of his possible sentence because of his confession. The DOJ seems to be sending the message that you can run but you can't hide to any and all spammers still hoping for that successful scam.

Source: MSNBC

Food & Transportation Officials Respond to Georgia Gun Law

In an update to the Georgia gun law uproar earlier this month, a hearing has been rescheduled for August 11th to decide what course the lawsuit between the Hartsfield-Jackson airport and GeorgiaCarry.org will take. The law allowing concealed firearms to be carried in public including on mass transportation went into affect on July 1 and is causing problems for a number of Atlanta officials. Workers for the Metropolitan Atlanta Rapid Transit Authority have openly opposed the new allowance but seem to be aware that the law is most likely not going anywhere. Instead, MARTA officials and employees have drafted a petition to install bulletproof shields in their rail cars and buses. So far the petition has received over 1,000 signatures, a sign that many are concerned their safety may be compromised with the new law.

Firearm enthusiasts have been counting the legislation as yet another victory this summer but MARTA officials and members of the Georgia Restaurant Association alike feel they were blindsided by the bill. After months of assurance that the bill would not have time to pass this session, the groups feel as if they were not a given proper warning to fight its passage. While MARTA has concentrated their complaints on actions of nervous passengers injuring innocent bystanders in an emergency situation, the restaurant group finds problems with the deadly combination of weapons and alcohol. Although the law contains a provision stating anyone handling a licensed weapon in a restaurant cannot be served alcohol, restaurants are unsure how they are intended to enforce the rule. While the airports may not stand much of a chance in court, it looks like that case will not be the last legislators hear about the passage of this bill.

Source: WRDW.com, Atlanta Journal-Constitution

Title IX Quietly Studies the Sciences

This week the New York Times reports a growing demand from members of Congress and women’s organizations to enforce Title IX, guaranteeing parity between the genders in education, to science departments in the country’s universities. Congressional requests have driven NASA, DOE and the National Science Foundation to conduct investigations at America’s top schools for science to determine whether the low numbers of women in certain physical sciences can be attributed to sex discrimination. If non-compliance with Title IX is found, some universities may implement quotas to ensure that more women enter these fields.

However, critics of the government’s new strategy abound, arguing that women may prefer to go into other fields, and that an assumption of discrimination actually disparages the free choice of women to enter any field they please. The statistics do reflect that while a high proportion of women are pursuing degrees and careers in science, they are largely absent from physics and engineering. However, the Times cites a study of gifted math students, in which psychologists found that talented women felt pressured by their teachers to pursue the sciences as “torch bearers” for other girls. Another study concludes that the differentiation in academic interests between girls and boys occurs long before their college years. According to these researchers, women’s actual preferences (ie, more interest in working with people) may be more to blame for the disparity in science departments than any anti-female bias.

Critics of the Title IX investigations cringe thinking about the loss of male talent that could result from university quota systems, and even female scientists decry the move, arguing that it fosters an assumption that women need the extra boost to make it in the field. But, Congress pushes on, and analysts claim that eventually, Title IX will reign supreme in the sciences.

Source: The New York Times

ICC Indicts President of Sudan

On Monday, Luis Moreno-Ocampo, prosecutor of the International Criminal Court, announced that he will pursue a case against Sudanese President Omar Al-Bashir at the ICC, accusing him of crimes againast humanity and genocide. As Prosecutor, Moreno-Ocampo was asked by the UN Security Council to investigate charges of human rights violations by Sudan. Moreno-Ocampo cites evidence of mass deportation, rape and outright murder, facilitated and master-minded by the President, in his request for an arrest warrant for Al-Bashir:

"Al Bashir is the President. He is the Commander in Chief. Those are not just formal words. He used the whole state apparatus, he used the army, he enrolled the Militia/Janjaweed. They all report to him, they all obey him. His control is absolute.”

The court's panel is likely to spend months deliberating on whether to grant Moreno-Ocampo's warrant request. The Sudanese government strongly rejects the jurisdiction of the ICC, claiming that the indictment proves the political motivation of the court. The defiance of Sudan's leaders has led to speculation that the court's proceedings could unleash increased violence and unrest in the region. The President's political party has declared on national television that an arrest warrant would be responsible for "more violence and blood" in Darfur. While no evidence of this tactic is yet to be seen, and AU peacekeepers remain on the ground, observers and human rights workers rightly worry that there is truth to the government's promise of further cruelty. The UN has also announced it will withdraw all non-essential workers from the country in anticipation of a flare up. Luis Moreno-Ocampo, however, vows to vigorously prosecute Al-Bashir in the face of the potential consequences, and human rights groups maintain that any resulting violence must be blamed on the perpetrators, not on the ICC.

ICC Press Release

Source: Legal Week

Lawdable Quotes: Pablo Picasso

He can who thinks he can, and he can't who thinks he can't. This is an inexorable, indisputable law.

~ Pablo Picasso

Constitutional Right to Wear a T-Shirt?

According to a Texas high school student, receiving an education in the US means giving up your first amendment rights. After Paul Palmer was asked twice to change his clothes at school or leave the premises because they disobeyed the school’s dress code, the Palmer family filed a lawsuit against the school for unconstitutional behavior. According to Palmer and his lawyers, the clothing in question, an all black outfit followed by a John Edwards campaign t-shirt, was in no way disruptive to his fellow classmates or inappropriate, the only exception in limiting freedom of expression. Still, school officials insist that their policies regarding dress code are not only legal but also necessary in order to maintain a healthy environment for their students.

Palmer will be represented by the Liberty Legal Institute of Texas who anticipate a positive outcome from the recently filed injunction. Basing their argument mainly from the case of Tinker v. Des Moines Independent Community School District, Palmer's attorney is confident the school has no evidence that his display caused any disruptions or that it violated other students' rights. In addition, they are arguing that the schools policy is particularly egregious with a presidential election fast approaching, a time when students should be learning about their opportunities to speak openly about their beliefs and learn more about the political process. The outcome of the case is yet to be determined but one thing is for sure, Palmer will be learning more than he ever hoped to know about the American judicial system.

Source: Student Press Law Center

Lawdable Quotes: John F. Kennedy

We prefer world law in the age of self-determination to world war in the age of mass extermination.

~ John F. Kennedy

Liability Endangers Field of Wiffle Ball Dreams

The game of Wiffle Ball often embodies a nostalgic desire for simpler times: kids playing in the great outdoors, lazy summers, good old fashioned fun. But lawyers, politicians, and permits? Not what we had in mind...

The sport is currently under attack in the city of Greenwich, CT., where a group of local teenage boys converted an abandoned public lot into an official Wiffle Ball field, complete with Red Sox Green Monster wall and American flag. The field has attracted a large high school following, and the kids staunchly defend their unique love of the game. One player asserts:

"It’s just old-fashioned fun. We did it on our own. Maybe people think that’s unusual.”

And the Wiffle Ball league has plenty of community support. The local paper lauded the youths for stepping outside the typical box of video games and television, and one city official applauds them for escaping the "incredibly structured and stressful environment" in which they grew up.

But not everyone in Greenwich is as keen on the new field. Some adults are demanding more supervision and cite concerns for legal liability. The lot on which the field was built may be worth up to $1.25 million dollars, although it was left as an undeveloped drainage area for nearby homes. Some argue that an impromptu field in a less affluent or litigious community would fare much better than the Greenwich Wiffle Ball group's.

The field's neighbors are also voicing concerns. When they purchased their homes, they were not expecting the disturbance created by the field's growing crowds. The kids also cleared the lot of brush essential to collect drainage water. Now, the city must decide whether the field can stay, or whether the kids must find another all-American pastime to enjoy.

How do you feel about the Wiffle Ball war? Please leave your comments below.

Source: The New York Times

Rosetta Stone Suit Attacks Google Piggybacking

Rosetta Stone, a company specializing in foreign language software, has joined a growing number of frustrated advertisers who find their business being diverted to smaller competitors who "piggyback" their trademarked words. For example, a search for a major company in an industry like Rosetta Stone could pull up sponsored links entitled "Don't Choose Rosetta Stone" or “Don’t Buy Rosetta Software,” paid for by other brands. Rosetta Stone is now suing Rocket Languages, among others, over the practice, alleging that they are illegally using the trademarked Rosetta Stone name. The company also claims that the feedback posts Rocket Languages hosts on its website, comparing itself, Rosetta Stone, and other competitors, are paid for by Rocket Languages itself.

Google does have anti-piggyback policies, but it is unclear how carefully they are implemented. Large corporations have sued Google itself in the past, looking to keep Google from selling their trademarked titles to other advertisers.

Source: WSJ Law Blog

DNA Testing Narrows Suspects in JonBenet Murder Mystery

After a twelve year investigation, several parties have been cleared of involvement in the assault and murder of JonBenet Ramsey. The disappearance and subsequent death of 6-year-old JonBenet shocked the country in 1996 and the investigation has taken a number of turns since then. Ramsey’s parents and brother, at the time only 9 years of age, became the featured suspects in the murder though preliminary DNA tests proved nothing. With the development of new technology in the field of DNA testing, investigators were able to retest the clothing JonBenet was wearing the night of her murder. The technology known as “touch analysis” was used to collect and identify DNA from the clothing JonBenet was wearing the night of her murder. After testing the samples investigators determined the DNA matched the samples taken years ago, none of which was a match to the Ramsey family. Though the official declaration of their innocence clears the Ramsey name, it came too late for Patsy Ramsey, JonBenet’s mother who passed away in 2006.

Unfortunately the relief that the Ramsey family finds is fleeting as the mystery of who did kill their daughter remains unsolved. Another scan of criminal databases with the most recently tested DNA produced no results meaning the investigation is not much further along than they were prior to the new technology. Despite the inconclusive results in the Ramsey DNA touch analysis, there is great hope that this testing format will provide breakthrough in future cases. Many still lament mistakes made early in the Ramsey investigation that may be the reason the case remains open today.

Source: MSNBC

Joseph Haydn's Sonata No. 13 in G Major, Hob. XVI. 6 (Free MP3!)

Our spotlight on public domain music this week is focused on Joseph Haydn's Sonata No. 13 in G Major. This piece is hosted by Musopen, a website dedicated to distributing works that are in the public domain.

Sonata No. 13 in G Major, Hob. XVI. 6 - I. Allegro
Sonata No. 13 in G Major, Hob. XVI. 6 - II. Minuet
Sonata No. 13 in G Major, Hob. XVI. 6 - III. Adagio
Sonata No. 13 in G Major, Hob. XVI. 6 - IV. Finale. Allegro molto

For more free music visit Musopen and to support their efforts to distributing works in the public domain, click here.