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mcherm : law   2004

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Everything Everywhere Is Securities Fraud - Bloomberg
Not informing the public about something bad is a securities crime, so doing anything bad is necessarily a securities crime. Even for a non-US company, if someone else sells things based on your stock price you are committing US securities fraud (so says SCOTUS by rejecting an appeal).
law  finance  via:HackerNews 
june 2019 by mcherm
Alabama woman loses unborn child after being shot, gets arrested; shooter goes free
What the hell, Alabama? Yes, it was a jury, not prosecutors, who let the shooter off and yes, prosecutors claim she started the fight. But this seems wrong.
law  via:reddit  gender  abortion  overprosecution 
june 2019 by mcherm
A Case at the Intersection of the Taxing Power and the Second Amendment | Cato @ Liberty
Cato says (and I agree) that the government cannot refuse to collect a tax, the prosecute someone for failing to pay it -- especially if Congress lacks the power to regulate the behavior they are trying to prohibit by "taxing" it.
guns  law  taxes  via:reddit 
june 2019 by mcherm
Appeals Court Reminds Deputies That Standing By While Rights Are Violated Is No Better Than Violating Them Yourself | Techdirt
Terrible situation. The bound and sexually abused inmate could not identify which of the police assaulted her because she had effectively been blindfolded. The court rules that she at least gets to go to trial on the grounds that she can accuse them at least of standing by and ignoring the events.
law  police  policeabuse  policeimmunity  techdirt  via:Techdirt 
june 2019 by mcherm
Texas court says photographer has no recourse. - law
Apparently, state institutions in TX can violate copyright with impunity. (But not patents.)
law  ip-law  via:reddit  copyright  patent 
june 2019 by mcherm
Why the Arkansas Law Aimed at Boycotts of Israel Is Generally Constitutional, Part II – Reason.com
An argument I respect against the position I would be inclined to take about whether it is legal for Arkansas to ban boycotts of Israel.
law  philosophy 
june 2019 by mcherm
Countries with longer copyright terms have access to fewer books (pay attention, Canada!) / Boing Boing
A study actually shows the effect of different copyright terms on the availability of books (e-books) in a given country. The results are what I would have predicted.
law  copyright  via:boingboing 
june 2019 by mcherm
When algorithms mess up, the nearest human gets the blame - MIT Technology Review
"Moral crumple zone" -- some nearby human we can blame so the automated system doesn't shoulder blame or culpability.
ethics  ai  law  via:reddit 
may 2019 by mcherm
New Assange Indictment Makes Insane, Unprecedented Use Of Espionage Act On Things Journalists Do All The Time | Techdirt
Astounding. I don't much like wikileaks or Assange, but claming it is a felony for a reporter to ask someone for information that might be classified (I THINK that's what it claims... mostly it's incoherent) is simply going too far.
law  journalism  techdirt  via:Techdirt  wikileaks  freespeech 
may 2019 by mcherm
You can't copyright a font
It's specifically called out in the federal copyright law.
fonts  law  ip-law  copyright 
may 2019 by mcherm
Tax dialysis - Bloomberg
The "Tax dialysis" subsection of the linked article is a shorter and clearer summary of the tax dodge that allows EFTs to avoid annual taxes the way mutual funds do. And Vanguard is now using the same dodge on their mutual fund. They've patented the idea (which is a horrible misuse of the patent system in my opinion).
law  taxes  investing  ip-law  patent  patentabuse  via:HackerNews 
may 2019 by mcherm
GOP judges launch bizarre attack on Black Lives Matter and the First Amendment
This sounds quite disturbing. I think that rulings that make it easy to prosecute those who organize protests genuinely threaten democracy.
law  rights 
april 2019 by mcherm
Chalking tires for parking enforcement found to be Fourth Amendment violation by Sixth Circuit - law
I guess I understand the reasoning (touching the tire is treaspass, the purpose is to gather evidence, and I don't get why this is "unreasonable"). But this case proves I am not a fourth amendment maximalist.
4thAmmendment  law  via:reddit 
april 2019 by mcherm
Here’s How TurboTax Just Tricked You Into Paying to File Your Taxes — ProPublica
Article details just exactly how difficult it is to find the free version of TurboTax. Really super-hard, because they go our of their way to hide it.
evil  Intuit  taxes  law  politics  via:HackerNews 
april 2019 by mcherm
Is there a site I can use to help find a lawyer?
The first (!!) good answer I have seen for this question.
law  useful  via:reddit 
april 2019 by mcherm
EFF’s Tweet About an Overzealous DMCA Takedown Is Now Subject to an Overzealous Takedown | Electronic Frontier Foundation
(1) a TV show leaks. (2) TorrentFreak writes about it leaking [takedown] (3) TorrentFreak writes about the takedown [takedown] (4) EFF writes about the situation [takedown]. You can't just order copyright-based takedowns of anything you don't like... Oh right - you can.
law  ip-law  DMCA  copyright  copyrightabuse  eff  via:HackerNews 
april 2019 by mcherm
Alabama Couple Lose Longtime Home Over $50 Worth of Cannabis | Cannabis Now
The article is a bit questionable, but the story until is an example extremely outrageous case of forfeiture.
forfeiture  law  via:reddit 
april 2019 by mcherm
Cato Files Brief Challenging Qualified Immunity for Warrantless Strip Search of 4-Year-Old | Cato @ Liberty
Quite a few organizations are banning together to file briefs on a case asking the Supreme Court to overturn the doctrine of qualified immunity.
law  policeimmunity  via:reddit 
april 2019 by mcherm
Jeff Bezos to keep 75 percent of couple's Amazon stock after divorce
Apparently Jeff Bezos and his wife successfully negotiated an amicable divorce.
amazon  law  JeffBezos  personal_net  via:HackerNews 
april 2019 by mcherm
“But I’m not a lawyer. I’m an agent.” – The Audacity of Despair
He's a writer who sold material to Hollywood (or at least TV). He discovered that his agent had been representing both sides in the negotiation and he thinks the system sucks.
rant  via:HackerNews  law 
april 2019 by mcherm
The ETF Tax Dodge: This Loophole Lets Investors Save Big
This article redefined my understanding of the tax status of EFTs (compared to mutual funds).
law  taxes  investing  via:HackerNews  etf 
april 2019 by mcherm
Court: Victims can’t make a federal case out of police who stole their money - SFChronicle.com
Qualified Immunity at its most extreme: "there's no way police could have known that stealing money previously seized under a warrant would violate someone's rights, so they can't be held accountable" (for rights violation - state theft charges still might apply).
law  via:reddit  4thAmmendment  qualifiedimmunity  policeimmunity 
march 2019 by mcherm
Flipping Off Cops Is Free Speech, Sixth Circuit Rules
Not only does the court rule that it is free speech and they also rule that it is well established and thereby bypasses qualified immunity.
law  policeimmunity  police  via:reddit 
march 2019 by mcherm
Auto Finance Company Sues Massachusetts City Over Its Unconstitutional Sale Of Seized Vehicles | Techdirt
Honda had a lien on the car, but the police seized it and sold it without ever notifying Honda.
law  forfeiture  techdirt  via:Techdirt 
march 2019 by mcherm
In 1998, I helped convict two men of murder. I’ve regretted it ever since.
A journalist recounts how he convicted a man (no, a boy) of murder, when he didn't and still doesn't believe the punishment was just.
law  journalism  ethics  slate  via:reddit 
march 2019 by mcherm
Take That, AP Style! Court of Law Rules The Oxford Comma Necessary
The court actually rules that without the comma the law is ambiguous.
law  language  via:reddit 
march 2019 by mcherm
Group Protests 'Pay-Or-Jail' Sentences in Atlanta - The New York Times
The judge imposes a fine and jail, with one suspended if the other is paid/served. "$50 or 30 days in jail". Unconstitutional, of course.
law  overprosecution  nytimes  via:reddit 
march 2019 by mcherm
Stupid Patent Of The Month: Veripath Patents Following Privacy Laws | Techdirt
They have a US patent on offering features to customers who agree to share data. There are laws specifically requiring that kind of behavior.
law  privacy  patent  patentabuse  ip-law  techdirt  via:Techdirt  eff 
march 2019 by mcherm
Mozilla Says Australia's Compelled Access Law Could Turn Staff There Into 'Insider Threats' | Techdirt
Australia passed a law which arguably allows them to order people to put back doors into tech products. Some companies now say they'll have to treat Australian employees as security threats.
law  security  techdirt  via:Techdirt 
march 2019 by mcherm
Police vs Privacy | The Illustrated Guide to Law
A link I should give out explaining the exclusionary rule and Miranda warnings.
law  reference  police 
february 2019 by mcherm
Speaker Ralston ties up court cases citing his legislative duties
The speaker of the house in Georgia uses his right to have a continuance whenever trial conflicts with his legislative duties to simply put off trial for his clients indefinitely. Over 10 years in at least one case.
law  via:reddit 
february 2019 by mcherm
Florida inmate says prison sold him $569 of music, then took it away | Ars Technica
Prisons sold $100 and $200 music players, and sold music at $1.70 per song. Then after a few years they found a new vendor and told prisoners at best they could send their music library on CD to someone outside the prison.
law  via:reddit  prison  drm 
february 2019 by mcherm
The Latest In Trademark Abuse Is Registering Marks To Obtain Ownership Of Instagram Accounts | Techdirt
People are now filing frivolous trademarks in order to take over popular or valuable Instagram accounts.
law  ip-law  trademark  techdirt  via:Techdirt 
february 2019 by mcherm
Supreme Court says constitutional protection against excessive fines applies to state actions - The Washington Post
Timbs v. Indiana - Unanimous SCOTUS says 8th amendment prohibits states (as well as feds) from imposing excessive fines.
law  forfeiture  via:reddit 
february 2019 by mcherm
LucasFilm Tells Darth Vader that Return of the Jedi Hasn't Made a Profit!? – /Film
Return of the Jedi (one of the most successful films of all time -- one of the 15 highest grossing if you adjust for inflation -- has not yet officially made a profit so it isn't paying residuals to its actors.
via:Techdirt  finance  law 
february 2019 by mcherm
Google, Apple Called Out For Hosting Saudi Government App That Allows Men To Track Their Spouses' Movements | Techdirt
Interesting point. The Saudi government has sponsored building an app to allow men to track and control where the women they own are allowed to travel (yeah, that's overstating it). Why should app stores host this?
sexism  law  appstore  techdirt  via:Techdirt 
february 2019 by mcherm
Forced into arbitration, 12,500 drivers claim Uber won’t pay fees to launch cases | Reuters
Uber squashed a class action lawsuit because of their mandatory arbitration clause. Uber refused the litigants' offer to arbitrate 9 cases then mediate an overall agreement. Now Uber is actually arbitrating 6 of 12,500 cases... and just doing nothing for the rest!
law  arbitration  via:reddit 
february 2019 by mcherm
‘Sleeping with the boss’ rumor is sex discrimination: 4th Circuit | Reuters
One US appeals court determines that taking workplace action against a woman because of rumors she was sleeping with the boss is illegal sex discrimination.
law  sexism  via:reddit 
february 2019 by mcherm
Alabama Executes Muslim After Justices Rule He Doesn't Need Imam By His Side : NPR
I find this profoundly wrong. The state arguably is establishing a religion (only a Christian minister is allowed). The case is denied because it is presented too late, filed a mere 5 days after his request for an Imam was denied.
law  ethics  via:reddit  npr 
february 2019 by mcherm
Court: Qualified Immunity Protects District Attorney Who Lied To State Legislators About A Wrongfully-Convicted Man | Techdirt
The prosecutor lied outright to legislators for no reason other than to harm someone who had been unjustly imprisoned by his office. He is found immune to a defamation lawsuit because the exact same case had never come up in court (within that particular circuit).
policeimmunity  law  techdirt  via:Techdirt 
february 2019 by mcherm
This is the current menu at Burger King in Sweden, who are trolling the shit out of McDonalds after they lost the European trademark to "Big Mac" to the far smaller Irish burger chain "Supermac". - funny
McDonald's trademarked (in Europe) "BigMac" as a name for a product AND a location. They tried to force a competitor to change their name based on the location trademark. But they don't actually use that (lied in application), so they lost the case and lost the WHOLE trademark. Sadly, UNTRUE: https://www.reddit.com/r/bestof/comments/amsc4y/upizzadeliverator_explains_how_mcdonalds_recently/efp4w0q
law  ip-law  via:reddit  trademark 
february 2019 by mcherm
Blackmailers use false copyright claims to shut down victims' Youtube accounts, offer to lift them in exchange for Bitcoin / Boing Boing
This is what happens when Google provides no meaningful due process for their copyright violation reporting: blackmailers can threaten to destroy your account (and can do so successfully through submitting false claims).
law  philosophyOfLaw  google  via:boingboing 
february 2019 by mcherm
Appeals Court Says A Person Driving A Registered Vehicle On A Public Road Is Not 'Reasonably Suspicious' | Techdirt
A particular road goes around a border patrol checkpoint. This border patrol agent felt that meant he could stop everyone who turned onto that road. (In the past he stopped 20-30 cars doing so and 10% had illegal immigrants in them.) Court says no, this is not reasonable suspicion.
4thAmmendment  law  techdirt  via:Techdirt  police 
february 2019 by mcherm
Speaking Black Dialect in Courtrooms Can Have Striking Consequences - The New York Times
Court reporters (required to be at least 95% accurate) were about 40% accurate when transcribing black English.
law  ethics  race  racism  language  nytimes  via:reddit 
january 2019 by mcherm
Civil Asset Forfeiture Suffers a Defeat - The Future of Freedom Foundation
Judge: cities in New Mexico can no longer conduct forfeiture of assets from those not convinced of a crime in defiance of the state law ending forfeiture.
forfeiture  law  via:reddit 
january 2019 by mcherm
One Way To Deal With Cops Who Lie? Blacklist Them, Some DAs Say - law
I say DAs should not maintain a blacklist of lying officers, they should prosecute perjury.
law  policeimmunity  mypostings  via:reddit 
january 2019 by mcherm
Software patents poised to make a comeback under new patent office rules | Ars Technica
The federal circuit has effectively interpreted one line in Alice as meaning that it doesn't REALLY overturn software patents and they can bring them back.
law  patent  ip-law  ArsTechnica  via:ArsTechnica 
january 2019 by mcherm
Plaintiff in first no-fly trial wins another appeal on attorneys’ fees and government lawyers’ bad faith | Papers, Please!
It's been 14 years. The woman who was put on the no-fly list for reasons so secret they couldn't be revealed as it would undermine national security (when revealed it was because they someone filled out a form wrong) is STILL fighting in court and STILL banned.
TSA  nofly  law  evil  via:reddit 
january 2019 by mcherm
Court rules gov’t can keep money seized in drug bust, even after suspect acquitted - Delaware State News | Delaware State News
I don't completely understand this but it sounds like he was found not guilty yet the property seized was not returned because the government had no evidence other than his sworn testimony to prove how it had been acquired.
forfeiture  law  via:reddit 
january 2019 by mcherm
Bans on Shackling Pregnant Women Don't Work; New York Must Do Something Else
There is a specific law banning shackling during childbirth. It doesn't matter; law enforcement ignores it.
law  torture  via:reddit  prison 
january 2019 by mcherm
We Have a Right to Boycott Israel
Some in Congress are considering a bill making it illegal to boycott Israel.
law  freespeech  via:reddit  personal_net 
january 2019 by mcherm
I filed one of the 83 dismissed misconduct complaints against Brett Kavanaugh. Here’s why. - The Washington Post
Supreme Court judges are not bound by ethics rules, even if the violations of ethics rules occurred before they were appointed to the Supreme Court.
law  via:reddit  personal_net  ethics 
january 2019 by mcherm
'Fake News' Results In Real Jail Time For Ohio Woman | Techdirt
A judge in Ohio sentenced a woman for posting to Facebook a rumor about a pellet gun being found in a school, as he deemed it to be "inducing panic" (a violation of Ohio law).
freespeech  law  guns  techdirt  via:Techdirt 
december 2018 by mcherm
Syracuse cops push St. Joe’s to probe man’s rectum for drugs; ‘What country are we living in?’ | syracuse.com
Police obtain a search warrant to search a suspect's anus for drugs. Doctors refuse but hospital lawyer overrides them. Patient is sedated, searched, charged $4,600; nothing is found. I think cooperating doctors should face discipline!
law  ethics  via:reddit  police  policeabuse 
december 2018 by mcherm
Legal for a 16 year old to carry a knife? - legaladvice
Useful information about Pennsylvania laws on carrying a knife.
law  local  knife 
december 2018 by mcherm
Investigation Finds Philly PD Officers Bought Forfeited Houses Seized During Drug Arrests | Techdirt
Not only were Philadelphia police abusing forfeiture in extreme ways (despite attempts to regulate it locally), they were also buying the seized houses themselves at auction (at least in a few cases).
via:Techdirt  techdirt  police  policeabuse  forfeiture  law  local 
december 2018 by mcherm
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