70 posts tagged with judge.
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Iowa: Justices must retire at age 72.
Your State-by-State Guide to Every State Supreme Court (+ D.C. and Puerto Rico). Bolts Magazine explains the structure (5, 7, or 9 members?), selection procedures (gubernatorial appointment? statewide election?), and functions of each state’s highest court. Does this court have anything to do with setting bail schedules? Is it involved in certifying election results? Is anyone on its bench old enough they’ll soon have to retire? Will a vacancy spark a special election?
"This could actually happen in real life!"
if snorted, would you get a sugar high?
Google v. Oracle
The United States Supreme Court has decided in favor of Google [pdf] in the case of Google v. Oracle, essentially resolving a case begun 11 years ago. The 6-2 majority* avoided deciding whether or not the Java API was copyrightable. Rather, it held that, even if the API is copyrightable, Google's use of the API for Android was fair use. SCOTUSblog has more. [more inside]
“I don’t understand why I have to be put at risk"
Oregon Assault Case Dismissed After Witness Refuses Court's Demand to Testify Without a Mask "Sanchez asserted his right to meet his accuser face-to-face and, with the support of the Judge, insisted that Fawcett testify without a mask—despite the trial occurring in the midst of the coronavirus pandemic." [more inside]
An interview with Supreme Court Justice Ginsburg.
"Those laws, artificially restricting what women can do, will not come back. Ever."
Take us back to when you first started, when you wanted to practice as a lawyer but it was difficult for you to do that. In the 1950s, you were attending Harvard Law School. You were one of nine women in a class numbering over 500.
In re Toilet Flush
In response to the pandemic the US Supreme Court began hearing oral arguments via conference call, and it was only a matter of time before the inevitable happened. From Ashley Feinberg at Slate: Who Flushed? A Supreme Court Investigation.
The Court Question
“The changes that the Senate Judiciary Committee have made has created a rubber stamp for nominees to sail through,” Buchert said. “Nominee after nominee is either unqualified, or hiding their writings from the committee, or they’ve got clear views on LGBT people that show they aren’t going to provide fair and impartial justice.” How Trump fucked the courts for a generation (Outline) “ In the face of an enemy Supreme Court, the only option is for progressives to begin work on a long-term plan to recast the role of fundamental law in our society for the sake of majority rule—disempowering the courts and angling, when they can, to redo our undemocratic constitution itself.” Resisting the Juristocracy (Boston Review) How Democrats Can Insulate New Laws From a Hostile Supreme Court (American Prospect)
“I bloody love a pork pie”
In which Jay Rayner eats a pork pie, the product of a town which takes its food seriously. Very seriously (live blogging). This staple, magnificent and traditional West and East Midlands Christmas breakfast has variations, from Yorkshire to Evesham to Rutland. But it should be moist and formally blessed before judged and be from here. Make the pilgrimage to Ye Olde Pork Pie Shoppe in Melton Mowbray, get one from HRH or a posh shop, or make old-fashioned ones (takes a while) or with piccalilli or aniseed or apple chutney. This is not a pork pie and it is not Australian but can be found in New York. Work off your pork pie ice cream with some golf. Sadly, there is always politics in Brexit-Land, but expect many at the annual PieFest (2017). [previous but generic pie post]
There is no ready lesson?
When The Punishment Feels Like A Crime, Julia Ioffe Stanford professor Michele Dauber is leading the recall campaign against Judge Aaron Persky whose handling of the "Emily Doe" rape case in 2016 [previously]
has attracted significant scrutiny.
Trashy Journalism
“After much debate, we resolved to turn the tables on three of our esteemed public officials. We embarked on an unauthorized sightseeing tour of their garbage, to make a point about how invasive a "garbage pull" really is--and to highlight the government's ongoing erosion of people's privacy.”
Portland's top brass said it was OK to swipe your garbage--so we grabbed theirs. - Willamette Week
If God gave us Devora, the judge, Ruchie Freier should be a judge
This is Ruchie Freier, a 52-year-old Hasidic Jewish grandmother who has blazed a trail in her insular religious community with so much determination that the male authorities have simply had to make room. Eleven years ago, she became one of the first Hasidic female lawyers in Brooklyn,and last November, she was elected as a judge to civil court. She has done so not by breaking the strict religious rules that govern ultra-Orthodox women's lives, but by obeying them so scrupulously that there are limited grounds for objection.
Judicial committee unanimously recommends to remove Judge Camp
Federal Court Justice Robin Camp, who asked a woman during a rape trial why she could not keep her legs together and called her 'the accused' several times, has been recommended to be removed from the bench, after an initial request from Alberta Justice Minister Kathleen Ganley. (The report is quite long but written in clear English.) [more inside]
"he can also be a loudmouth whose favourite subject is his own rights"
Court judgments are often long, dense and full of legal jargon. But in the English Family Court case of Lancashire County Council v A & B
Mr Justice Peter Jackson has given a judgment carefully written to so that the children involved, and their mother, can understand it. [more inside]
Two Good Men
"Where are we going, judge?" Serna asked.
"We're going to turn ourselves in," Olivera said.
"He said he was going to stay with me," Serna said. "I couldn't process a judge being my cellmate.
"They take me to the cell, and I'm sitting on my bunk. And, then, in walks the judge.
"...and do equal right to the poor and to the rich..."
At 11am Eastern time, President Obama will nominate Merrick Garland, the chief judge of the U.S. Court of Appeals for the District of Columbia, to the Supreme Court. Judge Garland is a centrist who was previously considered by the President for SCOTUS nomination in 2010, during the selection process which gave us Justice Sotomayor. He is reportedly "well known, well respected, and tremendously well liked in Washington legal circles; even Republicans have nice things to say about him." [more inside]
Tool of the Trade
By definition, any computing platform invented in the first half of the 1980s that has survived until 2015—and is an enormous business—has accomplished something remarkable. There's the Windows PC, which traces its heritage back to the original IBM PC announced in August 1981. There's the Mac, which famously debuted in January 1984.
And then there's the Bloomberg Terminal, which hit the market in December 1982. [more inside]
And then there's the Bloomberg Terminal, which hit the market in December 1982. [more inside]
Are You Good Enough to Be a Tennis Line Judge?
“And now you’re you."
Once a Pariah, Now a Judge: The Early Transgender Journey of Phyllis Frye.
Useful resources for participating in the discussion: Ohio U's Trans 101* : Primer and Vocabulary guide; and GLAAD's Transgender Media Program [more inside]
Useful resources for participating in the discussion: Ohio U's Trans 101* : Primer and Vocabulary guide; and GLAAD's Transgender Media Program [more inside]
A Scar On The Map
Judge Carlton Reeves sentenced three young white men in the murder of an innocent black man. But first, he had something to tell them. [more inside]
The health of the people should be the supreme law
Missouri state court judge Rex M. Burlison has ruled that Missouri cannot keep St. Louis officials from marrying same sex couples. [more inside]
"This reduces the likelihood for irreparable injury...."
An appeals panel of the Seventh Circuit ruled yesterday (pdf) that Wisconsin may immediately implement a photo ID law, for the November 4th election. [more inside]
pestilence is from the devil.
A federal judge in New York has ruled against a group of parents who had filed a lawsuit, asserting that the New York City policy that allows schools to ban unvaccinated kids from attending classes when another child has come down with a vaccine preventable illness infringed on their practice of religion. The decision cites Jacobson v. Massachusetts, 197 U.S. 11 (1905), where the SCOTUS upheld Cambridge, Mass, Board of Health’s authority to require vaccination against smallpox during a smallpox epidemic.
The Plaintiffs today also ask for fairness, and fairness only.
"Our nation's uneven but dogged journey toward truer and more meaningful freedoms for our citizens has brought us continually to a deeper understanding of the first three words in our Constitution: we the people. "We the People" have become a broader, more diverse family than once imagined." In the case of Bostic v. Rainey, the United States District Court for the Eastern District of Virginia's Judge Arenda L. Wright Allen has declared Virginia's same-sex marriage ban unconstitutional [more inside]
Creative sentencing
A serial house flipper would rather stay in prison. The judge said no, and put the city councilman whose ward he destroyed in charge of the flipper's parole. In addition to electronic monitoring, being forced to live in one of his own derelict properties and financial restitution, the flipper will give the city the equivalent of 18 months' full time work creating gardens and other features for the community at his own expense.
Did Your Father Touch You?
NY Mag on the fallout of false testimony that sends an innocent parent to jail.
"I have never been custodian of my legacy."
In Conversation: Antonin Scalia "On the eve of a new Supreme Court session, the firebrand justice discusses gay rights and media echo chambers, Seinfeld and the Devil, and how much he cares about his intellectual legacy ("I don’t")." [more inside]
Same-sex couples must be allowed to marry
Yesterday, Superior Court Judge Mary Jacobson of the Mercer County Superior Court ruled in Garden State Equality et al. v. Dow that New Jersey's civil unions are inherently unequal in light of the SCOTUS Windsor ruling, and that plaintiff couples and those similarly situated should be allowed to marry beginning October 21st. [more inside]
There is a paradox in our distaste for "an eye for an eye."
RTF Print
Small Print, Big Problem (part I)
Imagine you’ve clicked on your computer screen to accept a contract to purchase a good or service—a contract, you only realize later, that’s straight out of Kafka. The widget you’ve bought turns out to be a nightmare. You take to Yelp.com to complain about your experience—but lo, according to the contract you have given up your free speech rights to criticize the product. Let’s also say, in a fit of responsibility, (a bit fantastic, I know) you happened to have printed out this contract before you “signed” it, though you certainly hadn’t read through the thing, which is written, literally, on a “twenty-seventh grade” reading level. Well, you read it now (perhaps with the help of a friend who’s completed the twenty-seventh grade). And you see that there was nothing in the contract limiting your right to free speech at the moment you signed it. That part was added later. Your friend with the twenty-seventh-grade education points to the clause in the contract in which you’ve granted this vendor-from-hell the right to modify the terms of the contract, unilaterally, at any time into the vast limitless future.[more inside]
A priest, a dominatrix and a brain surgeon walk into a bar
Gupta Trial Judge Reprimands Law Student Spectator
Benula Bensam, not having landed a summer job, decided to attend the Rajat Gupta trial. She felt that some of the judge's evidentiary rulings were incorrect, and so sent him three letters. The judge, Jed Rakoff, was not amused.
Judge William Adams beat his 16-year old daughter with a belt for downloading music and computer games
In 2004, Texas Judge William Adams beat his 16-year old daughter with a belt for downloading music and computer games. Unbeknownst to him, she filmed the whole thing. Seven years later, fed up with the continued harassment and abuse from her father, she uploaded it to YouTube (warning: graphic language and violence, NSFW). Less than 24 hours after hitting Reddit, the video is all over the news. Hillary Adams says on Twitter that she hopes her father will receive help, not condemnation.
Addressing the Justice Gap
Unforgiven
Tony Washington, an NFL prospect, has a black mark on his record. At the age of 16, he was convicted of incest for sleeping with his then 15 year old sister, and forced to register as a sex offender. Washington feels this is the reason he is being ostracized by the NFL.
The numbers behind H8
With a ruling scheduled today on Prop 8 — the California ballot measure that took away the right to marry from same-sex couples — Dave Fleischer has an in-depth analysis of all of the polling data on Prop 8, and his findings include some counter-intuitive numbers, like that the confusing wording actually ended up helping the No vote more than the Yes.
Justice as Commissioner
Discretion?! They took our jobs!
In the US, for the past thirty years, new laws have been stripping judges of any discretion whatsoever in ensuring sentencing and other consequences of criminal activity are fair. Enter Qing Wong Hu, a Chinese immigrant who arrived in the US when he was 5, and now faces deportation for a string of muggings he committed in New York City in 1996, when he was still a juvenile. This, despite his successfully turning his life around and becoming a hard working, productive member of society.
Real Texas Justice
Judge William Wayne Justice. 1920 -2009. Appointed to the federal bench in 1968, Judge Justice spent his career as a progressive jurist working to insure the rights of minorities, the poor and the disenfranchised. His rulings forced the State of Texas to desegregate public schools, reform its prison system and provide education to undocumented immigrants.
Blind Justice
Blind Justice..... Sir John Fielding, 1721-1780, brother of novelist/playwrite Henry Fielding (Tom Jones), was a blind magistrate at the Bow Street court (known as the "Blind Beak of Bow Street"), home of London's first professional police force, the Bow Street Runners. [more inside]
"You can't sue God if you can't serve the papers on Him."
The case against God brought by Ernie Chambers (previously on MeFi) has been thrown out. (title via News Now Network, although I added a capital H.)
Next, run with scissors.
Judge a book by its cover. See if you can guess the Amazon rating.
When is being raped at gunpoint not being raped?
Hooker raped & robbed by justice system. Apparently, if you're a prostitute and you're gang-raped at gunpoint, that's not actually rape, but "theft of services". In Philadelphia, judge Teresa Carr Deni ruled exactly that in a case where a woman posted a Craigslist ad offering sex for money -- but when she met with her John, instead of the agreed upon exhange, he pulled a gun on her, raped her, then invited four other men to rape her as well. As if this weren't sad enough, a near-identical case -- with the same defendant -- came up four days later, and the prosecutor decided not to even try it as to not put the woman through the misery of being so resoundly denied justice. Devolution is real, spuds.
Disrespectful Cockalorum
Blackburn makes manifest a propensity for turgid language. Not content with foisting “cockalorum” (meaning, boastful talk), “froward” (willfully disobedient) and “mordaciously” (bitingly) on the reader, he may be the first judge to use both “contumelious” (scornful) and “contumacious” (pigheaded) in the same opinion. Judge Robert E. Blackburn's ruling [pdf] granting a motion for a new trial based on attorney misconduct is an interesting read for those who enjoy the use of uncommon, flowery and "big" words. [more inside]
No Borat, but close
Can you hear the Constitution now?
U.S. District Judge Anna Diggs Taylor has ruled that warrantless wiretapping by the Bush Administration's National Security Agency is unconstitutional, saying it violates rights to free speech and privacy.
Judge Taylor, a veteran of the civil rights movement and the first black female federal district judge in the U.S. 6th Circuit, was appointed to the US District Court for the Eastern District of Michigan by President Carter. Legal experts expect the decision to be overturned by the 6th Circuit sitting en banc. Background on the case by Glenn Greenwald: "The theory of the lawsuit -- [is that warrantless wiretapping's] mere existence deters citizens from freely exercising their free speech rights".
Hear ye hear ye!
Learn a bit about Alito, and then go along on an audio joy ride as Alito is grilled by our representatives. Listen now.
Mainstream judge speaks out
Mainstream former federal judge speaks out
Former CNN talking head and Texas federal judge Catherin Crier speaks out in defense of the courts, and mainstream america... if Ms. Crier is now the left - how far to the right have we drifted?
Former CNN talking head and Texas federal judge Catherin Crier speaks out in defense of the courts, and mainstream america... if Ms. Crier is now the left - how far to the right have we drifted?
ScAlito In The House
Alito documents show he is firmly against abortion. [news filter] So we all kind of new this to be true. But now there are documents showing it. From the Reagan Library of all places. This story also sheds a little light on the topic.
"Of course he's against abortion," his mother said,
Scalito
Newsfilter: Samuel A. Alito Jr. is a judge on the United States Court of Appeals for the Third Circuit. His ideological likeness to United States Supreme Court Associate Justice Antonin Scalia has earned him the nickname "Scalito." According to CNN, he is expected to be nominated to the Supreme Court later today. This site provides more background and links to some of his important decisions. Here's one anecdote about him. If you want, you can even rate him at Rate It All.
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