Queer Lit Cats · @QLC
211 followers · 9339 posts · Server mastodon.roitsystems.ca
Queer Lit Cats · @QLC
211 followers · 9336 posts · Server mastodon.roitsystems.ca
BoydstonLaw · @BoydstonLaw
327 followers · 167 posts · Server mstdn.social
BoydstonLaw · @BoydstonLaw
335 followers · 169 posts · Server mstdn.social
Queer Lit Cats · @QLC
151 followers · 6997 posts · Server mastodon.roitsystems.ca
Willow · @salixlucida
463 followers · 25723 posts · Server mastodon.sdf.org

There is solid that past legislative attempts at internet laws have all been declared unconstitutional on the basis of the dating back to 1997.

papers.ssrn.com/sol3/papers.cf

#caselaw #ageverification #firstamendment #utah #pornhub #surveillance

Last updated 1 year ago

Queer Lit Cats · @QLC
148 followers · 6838 posts · Server mastodon.roitsystems.ca
Queer Lit Cats · @QLC
132 followers · 6353 posts · Server mastodon.roitsystems.ca
Queer Lit Cats · @QLC
132 followers · 6348 posts · Server mastodon.roitsystems.ca
Queer Lit Cats · @QLC
94 followers · 5301 posts · Server mastodon.roitsystems.ca
Queer Lit Cats · @QLC
77 followers · 4347 posts · Server mastodon.roitsystems.ca
MineEyesDazzle · @evedazzle
191 followers · 867 posts · Server mas.to
Queer Lit Cats · @QLC
66 followers · 3766 posts · Server mastodon.roitsystems.ca
Queer Lit Cats · @QLC
56 followers · 3325 posts · Server mastodon.roitsystems.ca
Patrica Lewis · @PatriciaLewis
57 followers · 288 posts · Server radicalsocial.work

@TheGuardian hopefully will make it more straightforward in the future

#caselaw

Last updated 1 year ago

Queer Lit Cats · @QLC
53 followers · 3125 posts · Server mastodon.roitsystems.ca
Kent Pitman · @kentpitman
354 followers · 304 posts · Server climatejustice.social

@dustcircle

This seems the whole point of Stare Decisis. Lots of laws are vague and people challenge them, causing courts to fill gaps.

If the legislature disagrees, it can override precedent set by the court by creating an actual law. But to keep from having a lot of trivial laws that say "Yeah, that thing the court said", we just assume that if the legislature has had a long-time ability to change things and chose not to, it must be right.

Stare Decisis is in some ways, oddly, a bit like the "Like" button on social media, which is there to avoid a lot of "me too" posts. If the court says something and the public agrees, it can just leave the court case unchallenged and is supposed to eventually be taken as something firm without having to do more.

This is why it's so VERY improper for judges (or the recent crop of people ironically called justices) to be going back and reconsidering these cases. They treat it as no small matter, and even an oversight, that no one has intervened. But it's a big deal, because they are overriding the fact that majorities for a long time have, in their own way, already said "Like".

They make the flimsy claim that they have wanted to but haven't had the votes, not realizing they are saying "our position was not the consensus position". That's not how Democracy works.

And it's only made worse when you see the whole SCOTUS appointment system heavily leveraged to allow popular minorities excess power and to allow false statements by candidates to go unchecked. The Supreme Court is supposed to be about something beyond the popular vote, but that doesn't mean it's supposed to be about private capture of the Court for a selfish purpose. Something way out of kilter there. Not even an enforceable code of ethics among those who seem clearly to have lied to get there, especially on a point so important as policy about Stare Decisis.

Disclaimer: I am not a lawyer. But I think this is something we all need to discuss in a nation responsive to the people.

#law #abortion #reproductiverights #caselaw #staredecisis #judges #justices #scotus #philosophy #judicialphilosophy

Last updated 1 year ago

Victor Gorsky-Mochalov · @VGM
290 followers · 729 posts · Server mas.to

Happy to present Copycast on Mastodon!
👉 @copycast

Copycast is a podcast where me and my colleague share cool stories about intellectual property and related stuff.

In the 1st episode we observe real legal cases regarding copyrights to texts written by ghosts and spirits 👻

Enjoy!


#caselaw #history #supernatural #ghosts #copyright #iplaw #intellectualproperty #copycast #podcast #lawyers #law #legal #mastolegal #ff #followfriday

Last updated 1 year ago

KProfsBlog · @KProfsBlog
165 followers · 181 posts · Server social.vivaldi.net

Legal matters sometimes turn on whether the thing exchanged is a "good," i.e., something tangible and moveable at the time it is identified to the contract. Great.

So, is electricity a good? An Oregon District Court says no. Other courts say yes. How about we Americans settle this the international way:? Let's define electricity as a good or as a non-good. I don't care which. Just choose!

lawprofessors.typepad.com/cont

#law #sales #litigation #electricity #caselaw

Last updated 1 year ago

ParisWriters · @ParisWriters
99 followers · 187 posts · Server mastodon.social