Showing posts tagged law
Congress shall make no law … abridging the freedom of speech … or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
U.S. Constitution, First Amendment
The law, in its majestic equality, forbids the rich and the poor alike to sleep under bridges, to beg in the streets, and to steal bread.
Anatole France (Le Lys Rouge)
The law, in its majestic equality, forbids rich and poor alike to sleep under bridges, to beg in the streets, and to steal their bread.
Anatole France, Le Lys Rouge (The Red Lily) (1894)
People ask … for criticism, but they only want praise.
S. Maugham, Of Human Bondage (p. 241, Penguin Ed. 1992)

Quoted in Campbell v. Acuff-Rose, 510 U.S. 569 (1994), the 2 Live Crew case.

Copyright and the Music Industry: Pirates, Profits, and Politics

I have been off working on a draft proposal and syllabus for a new law school class, but I think Tumblr has survived just fine without me.

Copyright and the music industry are a cultural anthropologist’s dream come true of consistent bad behavior, technology-chasing legislation, and economic solutions to philosophical problems. This bad boy of copyright law is the perfect vehicle for not only IP education, but a broader legal education on the technicalities of statutory interpretation, economic theory, and legislative reactions to new technologies and mindsets.



While I have not yet read the opinions, some of the commentary on the ruling has graphically explained how the court ignored the law to make its 5-4 decision in favor of corporations funding political campaigns.  

I think it is appropriate to suggest that the Supreme Court’s ruling would be considered the work of “activist” judges by the GOP, but for the fact that it was in their favor.  Funny how that works.

While I have not yet read the opinions, some of the commentary on the ruling has graphically explained how the court ignored the law to make its 5-4 decision in favor of corporations funding political campaigns.

I think it is appropriate to suggest that the Supreme Court’s ruling would be considered the work of “activist” judges by the GOP, but for the fact that it was in their favor. Funny how that works.

The United States is a nation of laws: badly written and randomly enforced.
Frank Zappa

From the oral argument transcript today in Briscoe v. Virginia

MR. FRIEDMAN: I think that issue is entirely orthogonal to the issue here because the Commonwealth is acknowledging.
CHIEF JUSTICE ROBERTS: I’m sorry. Entirely what?
MR. FRIEDMAN: Orthogonal. Right angle. Unrelated. Irrelevant.
CHIEF JUSTICE ROBERTS: Oh.
JUSTICE SCALIA: What was that adjective? I liked that.
MR. FRIEDMAN: Orthogonal.
CHIEF JUSTICE ROBERTS: Orthogonal.
MR. FRIEDMAN: Right, right.
JUSTICE SCALIA: Orthogonal, ooh. (Laughter.)
JUSTICE KENNEDY: I knew this case presented us a problem. (Laughter.)
MR. FRIEDMAN: I should have — I probably should have said -
JUSTICE SCALIA: I think we should use that in the opinion. (Laughter.)
MR. FRIEDMAN: I thought — I thought I had seen it before.
JUSTICE SCALIA: Or the dissent. (Laughter.)
MR. FRIEDMAN: That is a bit of professorship creeping in, I suppose.

Via The Volokh Conspiracy