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Colorado Sued By Neighboring States Over Legal Pot

debrain Re:Hope they win this case. (441 comments)

The SCOTUS has the sole jurisdiction to hear disputes between US States. In joining the union they delegated authority to that court as the sole arbiter of inter-state disputes.

So states can sue each other, but only before the Supreme Court of the United States.


Apparent Islamic Terrorism Strikes Sydney

debrain Re:Fake (873 comments)

There are lots of terrorist attempts in Texas. For example, just in the past few months:

JW Confirms: 4 ISIS Terrorists Arrested in Texas in Last 36 Hours OCTOBER 08, 2014 -- http://www.judicialwatch.org/b...

http://www.cnn.com/2014/06/18/... 19 JUNE 2014 2 in Texas arrested in terror-related cases

http://www.splcenter.org/blog/... MARCH 28, 2014 FBI Smashes Alleged Radical-Right Terror Plot in Texas

You would be hard pressed to walk into a busy Starbucks here without a dozen people carrying guns, the terrorists wouldn't have hostages, they'd have a fight on their hands, and frankly they are cowards anyway, so they won't do that here.

It seems that many of these terrorists are largely unconcerned with their own death or the suffering of others.

Gun ownership does not appear to be, and it would not make sense if it were, a deterrent to terrorist attacks.

4 days ago

Behind Apple's Sapphire Screen Debacle

debrain Re:WRONG- it's brittle (189 comments)

Maybe the GT deal was a big ruse - a relatively cheap way to bargain a better deal for Gorilla Glass.

about three weeks ago

Sony Pictures Computer Sytems Shut Down After Ransomware Hack

debrain Sony Pictures? (155 comments)

Maybe they should make a movie about this.

about three weeks ago

Officer Not Charged In Michael Brown Shooting

debrain Re:The "Protesters" (1128 comments)

One of the purposes of a criminal justice system is to keep folks from rioting and vigilantism.

about three weeks ago

Cops 101: NYC High School Teaches How To Behave During Stop-and-Frisk

debrain American Police are fearful, and should be avoided (481 comments)

"It's unlikely that a high school student would come away with any other conclusion than the police are a fearful group to be avoided at all costs," says Eugene O'Donnell, a former police officer and professor at John Jay College of Criminal Justice.

This is an important lesson for American youth ... but don't take my word for it ... https://www.youtube.com/watch?...

Avoid any police service that deviates substantially from Peelian principles (http://en.wikipedia.org/wiki/Peelian_Principles):

1. To prevent crime and disorder, as an alternative to their repression by military force and severity of legal punishment.
2. To recognise always that the power of the police to fulfil their functions and duties is dependent on public approval of their existence, actions and behaviour, and on their ability to secure and maintain public respect.
3. To recognise always that to secure and maintain the respect and approval of the public means also the securing of the willing co-operation of the public in the task of securing observance of laws.
4. To recognise always that the extent to which the co-operation of the public can be secured diminishes proportionately the necessity of the use of physical force and compulsion for achieving police objectives.
5. To seek and preserve public favour, not by pandering to public opinion, but by constantly demonstrating absolutely impartial service to law, in complete independence of policy, and without regard to the justice or injustice of the substance of individual laws, by ready offering of individual service and friendship to all members of the public without regard to their wealth or social standing, by ready exercise of courtesy and friendly good humour, and by ready offering of individual sacrifice in protecting and preserving life.
6. To use physical force only when the exercise of persuasion, advice and warning is found to be insufficient to obtain public co-operation to an extent necessary to secure observance of law or to restore order, and to use only the minimum degree of physical force which is necessary on any particular occasion for achieving a police objective.
7. To maintain at all times a relationship with the public that gives reality to the historic tradition that the police are the public and that the public are the police, the police being only members of the public who are paid to give full-time attention to duties which are incumbent on every citizen in the interests of community welfare and existence.
8. To recognise always the need for strict adherence to police-executive functions, and to refrain from even seeming to usurp the powers of the judiciary of avenging individuals or the State, and of authoritatively judging guilt and punishing the guilty.
9. To recognise always that the test of police efficiency is the absence of crime and disorder, and not the visible evidence of police action in dealing with them.

about three weeks ago

Harvard Students Move Fossil Fuel Stock Fight To Court

debrain Re:Harvard Charter (203 comments)

It does seem to be a bit of a conflict of interest, doesn't it?

about a month ago

Harvard Students Move Fossil Fuel Stock Fight To Court

debrain Re:Harvard Charter (203 comments)

There are two aspects of the Harvard Charter which may give standing. First, the endowment has a specific purpose: "be for the advancement and education of youth, in all manner of good literature, arts, and sciences." And, good sciences say that investing in fossil fuels is a bad idea. Second, the Harvard Corporation is established so that it may be sued: "and also may sue and plead, or be sued and impleaded by the name aforesaid, in all Courts and places of judicature, within the jurisdiction aforesaid." http://library.harvard.edu/uni... So, disagreements about the endowment are supposed to be settled in court.

These are probably relevant, but may not be the ticket.

Standing is a question of *who can sue* (it is rather literal - you have a right to stand up at Court and be heard).

As you note, the charter gives a purpose, a *why*, deviation from which may give rise to liability. But the question is who can enforce. Does the Charter exist to protect the students? Faculty? The institution itself? Its property? Who is harmed by deviation from the Charter?

A relevant phrase might be "that may conduce to the education of the English and Indian youth of this country, in knowledge and godliness" as the *who* benefitting (and hence may have standing) is "English and Indian youth", antiquated racism though that may be. But who knows what a Judge would think or other status may be alive in this case.

The naming of the corporation gives no indication of standing to sue either. It just mentions jurisdiction and by this order, presuming you have standing, the name one would provide the Court to sue and enforce an Order against the corporation as a defendant.

about a month ago

Harvard Students Move Fossil Fuel Stock Fight To Court

debrain Re:Standing (203 comments)

That said, rule #1 of litigating is: You never know what a judge will say.

Litigation is, pretty much, learning a thousand ways why a stranger can, contrary to your expectations, agree or disagree with you.

The question of standing is non-trivial, and can include questions of contract, equity and wrongful interference (tort). Not having thought it out, but purely an example: these kids may argue their reputation tied to the university, and the university using fossil fuels could harm their future prospects. It sounds like a stretch, but then again I know folks that refuse candidates from MIT because of how that institution treated Aaron Schwartz. It's not an argument without basis.

But don't take my word for it. Let's see what happens.

These kids are pushing ahead with a noble cause against a tough institutional defendant with risky litigation for the betterment of the world. I think it's interesting and probably a worthwhile expenditure of their time. They could be on slashdot.

about a month ago

Police Body Cam Privacy Exploitation

debrain Prevent publication w/o a court order (301 comments)

FWIW, here's what I might suggest:

1. Make every video accessible by the public in-person at the police station and at a set of accredited institutions (i.e. public interest groups);
2. ban re-publication of the videos without a court order;
3. water-mark any video available outside the police station so that whoever copied it can be traced and their authority to receive copies revoked.

This would seem to prevent the problem of republication for commercial purposes, but still allow people who are involved in incidents or interested in police oversight to access and review the videos.

about a month ago

Shooting At Canadian Parliament

debrain Re:Good thing Canada's pretty much a "Gun Free" zo (529 comments)

The US has a 90:1 gun:citizen ratio.

The US has one of the highest murder rates in the world (3.6/yr/100000 people), being over 6x higher than Canadas (0.5/yr/100000 people).

I trust we can all do ourselves a favour and conclude that the balance of your post, and likely anything else you bother to write, is also laughably misinformed.

Do us all a favour and stop posting nonsense.

about 2 months ago

Apple Sapphire Glass Supplier GT Advanced Files For Bankruptcy

debrain Re:Possible sequence (171 comments)

The risk was not pushed onto GTAT so much as their creditors. Let's hope the investment community was as good at assessing the risk of GTAT as they were for subprime mortgages/Countrywide Financial, or Greece/Iceland/Argentina/etc, or Black Scholes/Long-Term Capital Management, or Lehman Brothers, or , or ... oh wait.

about 2 months ago

Netflix Rejects Canadian Regulator Jurisdiction Over Online Video

debrain Re:Funny how this works ... (184 comments)

You probably mean the Broadcasting Act, which establishes its subject-matter jurisdiction as follows:

 radiodiffusion Â
âoebroadcastingâ means any transmission of programs, whether or not encrypted, by radio waves or other means of telecommunication for reception by the public by means of broadcasting receiving apparatus, but does not include any such transmission of programs that is made solely for performance or display in a public place;

 émission Â
âoeprogramâ means sounds or visual images, or a combination of sounds and visual images, that are intended to inform, enlighten or entertain, but does not include visual images, whether or not combined with sounds, that consist predominantly of alphanumeric text;

4. (1) This Act is binding on Her Majesty in right of Canada or a province.
Application generally
(2) This Act applies in respect of broadcasting undertakings carried on in whole or in part within Canada or on board
(a) any ship, vessel or aircraft that is
(i) registered or licensed under an Act of Parliament, or
(ii) owned by, or under the direction or control of, Her Majesty in right of Canada or a province;
(b) any spacecraft that is under the direction or control of
(i) Her Majesty in right of Canada or a province,
(ii) a citizen or resident of Canada, or
(iii) a corporation incorporated or resident in Canada; or
(c) any platform, rig, structure or formation that is affixed or attached to land situated in the continental shelf of Canada.
For greater certainty
(3) For greater certainty, this Act applies in respect of broadcasting undertakings whether or not they are carried on for profit or as part of, or in connection with, any other undertaking or activity.
(4) For greater certainty, this Act does not apply to any telecommunications common carrier, as defined in the Telecommunications Act, when acting solely in that capacity.
1991, c. 11, s. 4; 1993, c. 38, s. 82; 1996, c. 31, s. 57.

about 3 months ago

Canadian Regulator Threatens To Impose New Netflix Regulation

debrain Re:why does the CRTC need this list? (324 comments)

One of the many cases that now clarify this topic include Easthaven, Ltd. v. Nutrisystem.com Inc., 2001 CanLII 27992 (ON SC), http://canlii.ca/t/1vz4l retrieved on 2014-09-19, which states at para. 29 (where the 'person' is referring a company whose presence was based on Internet activity in Canada):

The court held that general jurisdiction could be found in such a case [with an Internet company] only if the person was domiciled in the jurisdiction or his activities there were "substantial" or "continuous and systematic".

Jurisdiction can also arise for specific subject matter, as in the case here involving Netflix and the CRTC, by certain statute or treaty (viz. the NAFTA provisions for cultural accommodations for media). Of course a Court in Canada could just assume jurisdiction and give a paper judgment - the question then becomes whether an American court would recognize the judgment through the process called comity. With extremely rare exceptions between Canada and the USA, the Courts will recognize the judgments reciprocally.

There is also nothing stopping the CRTC from bringing an action in the USA based on violations that occurred in Canada. The applicable law may be different from the law of the jurisdiction that addresses the allegations of wrongdoing (i.e. it may be Canadian law that applies, but heard by an American Court, or vice versa). In any case an operation being abroad is not a defence from wrongdoing - notwithstanding e.g. extraterritorial immunity arising from a treaty.

about 3 months ago

Microsoft Defies Court Order, Will Not Give Emails To US Government

debrain Re:They are not defying an order (419 comments)

Actually, the judge lifted the freeze on the court order, so Microsoft is in fact defying it. Microsoft states they plan to appeal, but until they do appeal, they are still defying it.

A bit late to reply, sorry, but just a note: In almost all jurisdictions a Judge has no power to vary the stay on enforcement of an order between the time of issuance of that order and the expiry of the time to appeal. This is a fundamental principle of justice.

The power to govern the appeal process rests exclusively with an appellate Court itself (notwithstanding some extremely unusual jurisdictional crossovers, or collateral attack, neither of which being the case here).

The Judge may have lifted *some* freeze on a court order, but they almost certainly did not vary the stay of enforcement pending a possible appeal.

about 3 months ago

Microsoft Defies Court Order, Will Not Give Emails To US Government

debrain They are not defying an order (419 comments)

Notwithstanding some really rare cases (e.g. interlocutory), which this does not appear to be, an order is unenforceable while under appeal.

Doing what an order asks is grounds for dismissal of an appeal, notwithstanding cases where acts are made explicitly with the agreement of the parties and sometimes affirmation of the court to be without prejudice to the right of appeal. However in cases of disclosure of information, the disclosure is generally a form of prejudice (since it cannot be undone) that undermines appellate entitlement.

So it is wrong to say they are are defying an order. They are doing what everyone does on appeal.

If they were to defy an order they could be held in contempt of court. That would be an interesting story.

about 4 months ago

Time Dilation Drug Could Let Heinous Criminals Serve 1,000 Year Sentences

debrain Re:Ridiculous. (914 comments)

Yes, precisely. The generally regarded theoretical justification for criminalization is:

1. Segregation of harmful individuals from the balance of society (aka specific deterrence); and

2. A warning to others to not commit crimes (aka general deterrence).

In other words, the point of the criminal system is on the prevention of future crimes. The only purpose of these drugs consistent with our theory of the criminal system would be if there were some repair happening in the brains of those taking the drugs, but it is apparent from the article that thought has not entered into the minds of the authors.

What is now broadly accepted by most criminal lawyers, judges and those who study criminal theory is that general deterrence is not related to the punishment at all but rather to the likelihood of being caught. In other words, having more police causes less crime. The simple reason being that consequence rarely enters into the mind of those about to commit crimes - unless there are constant reminders (i.e. police presence).

about 8 months ago



Judge orders disclosure of anonymous posters

debrain debrain writes  |  more than 4 years ago

debrain (29228) writes "The Globe and Mail is reporting that Google and a newspaper called the Coast must disclose all information they have about the identity of individuals who posted anonymous comments online about top firefighters in Halifax. The story in question is titled "Black firefighters file human rights complaint", and there are some heated opinions in the comments."
Link to Original Source



debrain debrain writes  |  about 11 years ago

Here I am.

Of all the forces that define the world we live in, compound interest is the most fearsome or loathsome, challenged only on occasion by the law or its absence.

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