Science Fiction Law — Still Reeling: Minority Report, Sixteen Years Later

Michigan Law Professor Nicholson Price is teaching an interesting seminar this semester merging science fiction and legal analysis.  We agreed that his students should write blog posts and that I would publish the most worthy on Patently-O.  The first post comes from Lauren Kimmel and is focused on stopping future crimes. – DC Guest Post by Lauren Kimmel Steven Spielberg’s Minority Report (starring Tom Cruise) was released over a decade and a half ago; and yet, in many ways, the film has withsto...
Tags: Law, Washington, Michigan, Tom Cruise, Philip K Dick, Patent, Nicholson, National Institute of Justice, Rashad Robinson, Lauren Kimmel, DC Guest Post, Lauren Kimmel Steven Spielberg, PredPol HunchLab

MeTwo: These Gucci models are not carrying their own severed head.

They still have their heads on straight, but are merely carrying a second head, perhaps to replace the original head — why? (we see the operating tables) — or, no, I could be wrong. They could already have had their head replaced and the head they're carrying is the original head.Here's video of the show. The MeTwo* models appear around 0:50:My screenshots:When something is presented in visual form, I prefer to look and come up with my own opinion. Whatever answers exist should be there in the t...
Tags: Fashion, Law, Wikipedia, Lying, Feminism, Surgery, Theater, Gucci, Trump, Reuters, Kathy Griffin, Michele, Donna Haraway, Symbols, Haraway, Ann Althouse

"These guidelines exist in some kind of middle universe that I don't understand..."

The title of this post is one of my (many) favorite lines appearing in this Supreme Court oral argument transcript from yesterday's proceedings in Rosales-Mireles v. United States.  The case addresses whether a (small) guideline error will usually satisfy the plain error standard for correction of an error raised only on appeal, and I highly recommend that sentencing fans read the entire transcript.  There are too many amusing and interesting flourishes throughout the transcript to cover them al...
Tags: Justice, Supreme Court, Law, US, United States, Ellis, Kagan, Gorsuch, Douglas A Berman, US Sentencing Commission, Evan Lee, Rosales Mireles

Live blog of opinions (Update: Completed)

We live-blogged as the Supreme Court released opinions. The transcript is available at this link. The post Live blog of opinions (Update: Completed) appeared first on SCOTUSblog.
Tags: Supreme Court, Law, Live

Happy Birthday, Washington!

On this day, in 1732, George Washington was born. As the United State's first President, there are many known facts about him. Many believed that he could not tell a lie, chopped down a cherry tree and had wooden teeth. While those are just myths, there are many other facts about General Washington that are 100% true! Check out these fun facts about the most famous general in US History:George Washington didn't have a last nameHe did not have any children of his ownWashington was known as an ex...
Tags: Washington, US, History, Military, Fun Facts, George Washington, George, United State, Rothco, Rothco NY, George Washington birthday, Happy Birthday George Washington, North AmericaWashington

Contractors and Subcontractors: Delivery Truck Cracked My Driveway with Incorrect Brace Placement

My question involves a consumer law issue in the State of: Maryland. I am having my roof re-shingled and the delivery truck that dropped off the materials two days ago usedf side braces for support when lifting the materials onto the roof. The problem is they put the braces down half on my driveway and half off. This crushed and cracked the concrete at the edge of my driveway. The cracks are about 18 inches long. They also spilled oil in several spots on my driveway. They've offered to rep...
Tags: Maryland, Law, Construction, Repair and Renovation

Wednesday: What’s Hot on CanLII

Each Wednesday we tell you which three English-language cases and which French-language case have been the most viewed* on CanLII and we give you a small sense of what the cases are about. For this last week: 1. Zheng v Your New Car Calgary Inc, 2015 ABQB 121 [17] The Plaintiff refers to Bhasin v. Hrynew, 2014 SCC 71 (CanLII), 2014 Carswell Alta 2046 (S.C.C.), Spartek Systems Inc. v. Brown, 2014 Carswell Alta 1496, (Q.B.), and Tirecraft ( supra). Bhasin deals with the duty of good faith in contr...
Tags: Law, Bradford, Carswell, Starr, Snyder, Gauthier, Zheng, Wednesday: What's Hot on CanLII, Bhasin, DMD Mortgage Investment Corporation, Your New Car Calgary Inc, Spartek Systems Inc, Tirecraft, Ms Snyder

CPAC wants nothing but distance between itself and Dinesh D’Souza.

Via Mediaite: [Author: [email protected] (Ann Althouse)]
Tags: Murder, Guns, Law, CPAC, Dinesh D'Souza, Ann Althouse

Petitions to watch | Conference of February 23

In its conference of February 23, 2018, the court will consider petitions involving issues such as whether the acting secretary of the Department of Homeland Security’s decision to wind down the Deferred Action for Childhood Arrivals policy is lawful; whether under the Supreme Court’s opinions in United States v. Booker, Johnson v. United States and Beckles v. United States, which depended heavily upon the distinction between advisory and mandatory sentencing schemes, the residual clause of the ...
Tags: Florida, Supreme Court, Law, Alabama, United States, Missouri, Ford, Arizona, Army, Johnson, Department Of Homeland Security, Faa, University Of California, Middleton, Madison, Sykes

Endorsing an Over-Incarcerator, History Unfolding, Ain't Nothing but a Plea Mill, and other stories

A few odds and ends to clear Grits' browser tabs Endorsing an Over-Incarcerator The Dallas News last week endorsed a Collin County Justice of the Peace for a Texas House seat who, according to an investigation by Buzzfeed, is among the most prolific jailers of juveniles in the state. His opponent is a Greg Abbott appointee to the Texas Juvenile Justice Department, so debates in this race should be about his penchant for over-incarceration of juveniles, but you wouldn't know it from the DMN edito...
Tags: Google, Texas, Law, Buzzfeed, Gop, Houston, Fort Worth, Sandra Bland, Greg Abbott, Tarrant County, Legislature, Harris County, MSM, 5th Circuit, Texas House, DMN

Petition of the day

The petition of the day is: Long v. Pfister 17-991 Issue: Whether there are exceptions to the Supreme Court’s ruling in Napue v. Illinois that would allow a criminal defendant to be convicted based on perjury that the prosecution fails to correct. The post Petition of the day appeared first on SCOTUSblog.
Tags: Supreme Court, Law, Illinois, Pfister, Cases in the Pipeline, Napue

Argument analysis: Vogt argument suggests a narrow ruling or even a “DIG”

My preview of City of Hays, Kansas v. Vogt described the case as “deceptively complex.” Some of the difficulties in the case seem to have come into focus only (as Justice Stephen Breyer candidly put it) “suddenly … for the first time” at yesterday’s oral argument. The Question Presented is whether, in a Section 1983 civil suit for damages, allegations that a defendant was compelled to make incriminating statements that were later used against him in a criminal preliminary hearing (and not at a t...
Tags: Featured, Supreme Court, Law, Court, Kansas, Kennedy, Hays, Sonia Sotomayor, John Roberts, Roberts, Ginsburg, Alito, U S Court of Appeals, Sotomayor, Stephen Breyer, Breyer

Argument analysis: Grappling with the complexity of double jeopardy

During yesterday’s oral argument in Currier v. Virginia, Justice Stephen Breyer stated what most constitutional scholars know about double jeopardy: “It’s complicated.” The argument reflected this complexity, with seven justices focusing on different branches of the double jeopardy protection and on different aspects of the case. In brief, Michael Currier was charged with three crimes stemming from a residential break-in during which a safe containing firearms was taken: breaking and entering, l...
Tags: Featured, Supreme Court, Law, Virginia, United States, Arkansas, Nevada, ASHE, Ruth Bader Ginsburg, Turner, Sonia Sotomayor, John Roberts, Fisher, Currier, McGuire, Hobson

Opinion analysis: Divided court holds more of prisoners’ damages awards must go to attorney’s fees

In a 5-4 decision, the Supreme Court in Murphy v. Smith held that prisoners who are awarded attorney’s fees in connection with their successful civil rights cases must also pay those fees, up to a maximum of one quarter of their damages awards. The decision is a loss for prisoners – particularly those with egregious cases – some of whom will now see more of their damages awards go to their attorneys than they otherwise would have. It is also a loss for district-court discretion; the approach rej...
Tags: Featured, Supreme Court, Law, Congress, Smith, Sonia Sotomayor, Murphy, Gorsuch, Merits Cases, PLRA, Neil Gorsuch, Supreme Court in Murphy, Smith Art Lien

Argument preview: Justices to consider whether probable cause defeats claims of retaliatory arrest for First-Amendment-protected expression

On November 15, 2006, Fane Lozman rose to speak during the public-comments portion of a regular public meeting of the City Council of Riviera Beach, Florida. What followed was anything but a run-of-the-mill discussion about the intricacies of local government. To the contrary, when Lozman began to talk about “corrupt local politician[s],” he was cut off by a councilperson and asked to cease that line of commentary. When Lozman refused to comply, he was arrested, handcuffed and removed from the ...
Tags: Florida, Featured, Supreme Court, Law, Donald Trump, 9th Circuit, U S Court of Appeals, Charlottesville Virginia, Hartman, Riviera Beach, Alford, Dahl, 11th Circuit, HOLLEY, Merits Cases, Fane Lozman

Who are the good trolls?

The results from yesterday's poll after 505 responses:Discuss these results any way you like. You can still go back and respond to the poll. I deliberately avoided expressing an opinion in the post or the comments, but you can figure out something of my opinion from the way I composed the answers. I'm particularly interested in thinking about this subject in light of the hand-wringing over Russians trolling the 2016 election. I believe the fear of trolls is dangerous to a culture of freedom of s...
Tags: Law, America, Trolls, The Web, Ann Althouse

Eligibility: A Factual Dispute Requires Alleged Facts

The recent non-precedential opinion of Automated Tracking Solutions v. Coca Cola provides something of a backstop to AATRIX and Berkheimer.   The ATS panel includes Judges Moore and Stoll – the two leading judges pushing for more formality in considering factual conclusions underlying an eligibility decision.  In ATS, however, the panel affirmed a district court judgment on the pleadings that the asserted patent lacks eligibility.  The panel restated its prior conclusions that “patent eligibil...
Tags: Law, Coca Cola, Patent, Moore, District Court, Federal Circuit, Stoll, Lemley, Alice Mayo, Berkheimer, Automated Tracking Solutions, Gugliuzza BU

Petition of the day

The petition of the day is: Lake v. Skelton 17-1089 Issue: Whether county sheriffs in Georgia function as an arm of the state, and are thus entitled to Eleventh Amendment immunity, when they feed (or fail to properly feed) people detained in the county jail. The post Petition of the day appeared first on SCOTUSblog.
Tags: Law, Georgia, Lake, Skelton, Cases in the Pipeline

Judge finds that Disney "misused copyright" when it tried to stop Redbox from renting download codes

Redbox buys DVDs and then rents them through automated kiosks, including DVDs from Disney that come with download codes to watch the videos through a DRM player. (more…)
Tags: Post, Business, Copyfight, News, Law, Disney, Copyright, 1a, Redbox, First Sale

Wednesday round-up

This morning the court hears oral argument in two criminal-procedure cases. The first is Rosales-Mireles v. United States, which asks when erroneous applications of the U.S. Sentencing Guidelines should be corrected on plain-error review. Evan Lee previewed the case for this blog. Robin Grieff and Hillary Rich provide a preview at Cornell Law School’s Legal Information Institute. Counting to 5 (podcast) also previews the case, while Subscript provides a graphic explainer. Today’s second case is ...
Tags: Florida, Usa, Supreme Court, Law, California, Washington, Virginia, Los Angeles, Cnn, United States, Associated Press, Npr, Louisiana, Ruth Bader Ginsburg, The Washington Post, Cornell

When does telecommuting qualify as a reasonable accommodation?

I’m writing today’s post from the comfort of the kitchen island in my house. My son has the flu, and I’m working from home. It’s been three years since the 6th Circuit decided EEOC v. Ford Motor Co., a groundbreaking decision in which the court issued its en banc decision declaring that telecommuting is not an appropriate reasonable accommodation, unless the employee can show that that regular attendance in the workplace, and face-to-face interaction with co-workers, are not essential eleme...
Tags: Law, Ford, Ada, Patterson, Ford Motor Co, EEOC, Jerry Collins, Jon Hyman, Memphis Light Gas, Mosby Meachem, Memphis Light Gas Water Division, Andrea Mosby Meachem, MLG W, Cheryl Patterson, ADA Committee

Opinion analysis: Whistling while you work is whistling in the wind – Dodd-Frank whistleblowers do need to inform the SEC

Setting the stage The Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 created a bounty system designed to reward those who provide information to the Securities and Exchange Commission when that information leads to monetary penalties. The term “whistleblower” appeared multiple times throughout the several pages of new Section 21F of the Securities Exchange Act of 1934 and was specifically defined as “any individual who provides … information relating to a violation of the secu...
Tags: Featured, Supreme Court, Law, Congress, California, Senate, Commission, SEC, Ruth Bader Ginsburg, Chevron, Dodd Frank, Securities And Exchange Commission, Thomas, Sonia Sotomayor, Antonin Scalia, U S District Court

Argument analysis: What makes wiretap orders “insufficient”?

The oral argument in Dahda v. United States started off on a bad note for Los Rovell Dahda, who was represented by Kannon Shanmugam. Shanmugam was asking the court to find that a wiretap order was “insufficient on its face,” and therefore triggered Title III of the Omnibus Crime Control and Safe Streets Act of 1968’s statutory exclusionary rule, because it authorized surveillance outside the issuing court’s territorial jurisdiction. Asking the first question, Justice Ruth Bader Ginsburg seemed t...
Tags: Featured, Supreme Court, Law, Congress, Senate, United States, Kansas, Ruth Bader Ginsburg, Sonia Sotomayor, John Roberts, Roberts, Ginsburg, Alito, Stephen Breyer, Breyer, Tripp

At the Happy Face Café...

... you can talk about whatever you like.And please consider using the Althouse Portal to Amazon when you've got some on-line shopping to do. [Author: [email protected] (Ann Althouse)]
Tags: Amazon, Photography, Law, Trees, Smiling, Ann Althouse, Happy Face Café

Visualizing the slave insurance industry

 Similar to the way people insure their cars, houses and lives, slave-owners would sometimes insure their slaves. Read More
Tags: TC, Insurance, Tech, Diversity, Aig, Aetna, Slaves, New York Life Insurance, Slave Insurance, Resilient Coders

Argument preview: Old laws, new technology and national borders

[Editor’s note: An earlier version  of this post ran on February 5, as an introduction to this blog’s  symposium  on  United States v. Microsoft Corp. , as well as at Howe on the Court, where it was originally published.] In 1986, when Congress passed the Stored Communications Act, the World Wide Web did not yet exist; that would not happen until three years later, when British scientist Tim Berners-Lee invented it in Switzerland. Electronic mail did exist, but – although Queen Elizabeth II had...
Tags: Google, Featured, Supreme Court, Microsoft, Law, Congress, Washington, Court, United States, Ireland, Switzerland, Queen Elizabeth Ii, Tim Berners Lee, Microsoft Corp, Howe, Carpenter

What effect does this kind of news coverage have on those who are thinking of becoming the next school shooter?

I made that screenshot from the front page of The Guardian because that's where I happened to click, but similar shots could be made from many prestigious news sites. [Author: [email protected] (Ann Althouse)]
Tags: Murder, Law, Journalism, Ann Althouse

Opinion analysis: Court upholds narrow construction of foreign immunity law in terrorism case

The Supreme Court ruled today that U.S. victims of a 1997 terrorist attack in Jerusalem cannot rely on a provision of the Foreign Sovereign Immunities Act to seize a collection of Iranian antiquities held by the University of Chicago. The decision put an end to the latest efforts by the victims and their families to recover some of the $71.5 million default judgment entered by a federal court in Washington, D.C., against Iran for that country’s role in providing support for Hamas, the terrorist ...
Tags: Featured, Supreme Court, Law, Congress, Washington, Jerusalem, Iran, United States, University Of Chicago, Hamas, Sonia Sotomayor, Howe, U S Court of Appeals, Elena Kagan, 7th Circuit, Merits Cases

Argument transcripts

The transcript in Rosales-Mireles v. United States is available on the Supreme Court’s website; the transcript in Dahda v. United States is also available.   The post Argument transcripts appeared first on SCOTUSblog.
Tags: Supreme Court, Law, United States, Merits Cases, Dahda, Rosales Mireles

Argument analysis: Justices hint at categorical approach to correcting forfeited Sentencing Guidelines errors

Sometimes, an appellate court uses oral argument to help it decide who ought to win. Other times, the justices know who will win, and oral argument becomes an opportunity for the judges to use counsel as a sounding board as to how the opinion should be written. Wednesday’s Supreme Court oral argument in Rosales-Mireles v. United States had the earmarks of the latter. The issue in this case is whether a plain Sentencing Guidelines error should normally be corrected, even when the defendant has fa...
Tags: Featured, Supreme Court, Law, United States, Commission, Ruth Bader Ginsburg, Kennedy, Booker, Ellis, Ginsburg, Davidson, Alito, U S Court of Appeals, Stephen Breyer, Breyer, 7th Circuit