Archive for the ‘ Law ’ Category

Untrammeled Whimsy

[E]ven more regret­table than the failure to either follow or unequiv­o­cally overrule the cited cases is the character of the “rule” which is now promul­gated: the majority assert that hence­forth “a statute or other rule of law will be char­ac­terized as substantive or proce­dural according to the nature of the problem for which a char­ac­ter­i­zation must be made,” thus suggesting that the court will no longer be bound to consistent enforcement or uniform appli­cation of “a statue or other rule of law” but will instead apply one “rule” or another as the untram­meled whimsy of the majority may from time to [ . . . ]

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Over-​​the-​​Shoulder Boulder Holder

William Gluckin & Co. v. Int’l. Playtex Corp., 407 F.2d 177 (2d Cir. 1969), is an opinion upholding the issuance of a prelim­inary injunction against Playtex, manu­fac­turer of, ahem, ladies’ support garments, prohibiting Playtex from pros­e­cuting a lawsuit it had filed against Woolworth & Co. for selling brassieres manu­fac­tured by Gluckin at Woolworth’s stores in Georgia. See, what happened was this: Playtex had a patent, and Gluckin (allegedly) infringed the patent and sold the infringing unmen­tion­ables to Woolworths, who sold lots of them in Georgia. Woolworth’s, Playtex, and Gluckin were all New York corpo­ra­tions amenable to suit in New York, but Gluckin was not [ . . . ]

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Gillian Gibbons Update

According to this CNN​.com article, Gibbons had been charged under Article 125 of Sudan’s consti­tution, the law relating to insulting religion and inciting hatred. According to the Sudanese Embassy in Canada [pdf], Article 125 of the Constitution of the Republic of the Sudan (1998) reads: Article 125 Popular Defense Force The Republic of Sudan may establish a volunteer Popular Defense Force from among the Sudanese people for national defense, to maintain national security, or to assist any regular forces. The Popular Defense Force shall be under the command of the National Armed Forces or the Police and shall promote defense, security [ . . . ]

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Flying Imams Update

According to this Washington Post Article, the Flying Imams’ lawsuit survived a motion to dismiss yesterday. But the article does not tell the whole story. In fact, the article misrep­re­sents Judge Montgomery’s decision as an unqual­ified victory for CAIR and the Flying Imams. I have read the ruling, and offer a brief summary of its effect on the suit. The decision rules on several motions: U.S. Airways’ Motion to Dismiss U.S. Airways’ Motion for Summary Judgment MAC’s Motion to Dismiss Plaintiffs’ Rule 56(f) Motion Plaintiffs’ Motion to Strike I. MAC’s Motion to Dismiss MAC is the Metropolitan Airport Commission, a state actor. This is a FRCP [ . . . ]

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Blue Laws

Ari Armstrong, the Software Nerd, and Gus Van Horn have recently discussed so-​​​​called “Blue Laws.” Ari discusses the Denver Post’s editorial support for a Colorado legislative push to overturn that state’s Sunday alcohol sales prohi­bi­tions. Software Nerd mentions the Supreme Court’s decision in Gallagher v. Crown Kosher Super Market of Mass., Inc., 366 U.S. 617 (1961). Gallagher is one of three cases on Blue Laws (specif­i­cally Sunday Closing laws, requiring certain busi­nesses to close on Sundays, often including alcohol and liquor retailers), decided on the same day in 1961. Gallagher and Braunfeld v. Brown, 366 U.S. 599 (1961) both concern Blue Laws [ . . . ]

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Snyder v. Phelps Update

The jury awarded $2.9M, purportedly finding liability on all four counts. (Remember, they were defamation [which did not stem from the funeral protests them­selves], invasion of privacy: intrusion on seclusion, invasion of privacy: public disclosure of private facts, and inten­tional infliction of emotional distress.) I still think the invasion of privacy suits should have failed because if we’re going to have public property, the Constitution controls the contra­diction. I do not think the behavior of the WBC protesters was suffi­ciently extreme or outra­geous to warrant a finding of liability for inten­tional infliction of emotional distress. And I find the defamation claim unin­ter­esting, meaning that [ . . . ]

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On the Inadequacy of English Invectives

Fred Phelps and his Westboro Baptist Church have, for some time now, been traveling the country protesting at the funerals of American soldiers killed in the line of duty. Back in 2006, they protested outside the funeral of Marine Lance Corporal Matthew Snyder, who was killed in action at the age of 20. See this article, the original complaint, and Monica’s (of Spark a Synapse) post on the same topic for the unpleasant details. English as a language lacks invec­tives of suffi­cient force and color to condemn this kind of behavior in the terms justice demands. However, has WBC done anything properly [ . . . ]

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