Word: cases
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...where songs are made available for download by thousands of people, traditionally does not. And, according to Nesson’s colleagues, it was nearly unthinkable that such a precedent would be changed. “I’m worried by your statement that “our case is fair use,” wrote Harvard Law professor Terry Fisher, who had been slated as a witness for the Tenenbaum side. “I fear that what I have to say will not contribute to that assertion. Moreover, I will be subject to cross-examination, in which...
...Stroup’s retelling of the events that followed, posted online to the NORML Web site, the officer who had arrested the pair failed to show up for the proceedings, prompting the judge to move to dismiss the case entirely. Nesson would have none of it. “Your honor my client[s]…have spent their entire lives fighting these laws, and they have a right to have these charges heard by a jury of their peers, and they very much wish to exercise this right,” said Nesson, according to Stroup?...
...American judicial system, and in fact jurors are not allowed to be told that they have the capacity to nullify, precisely because it is such a powerful tool. A refusal of a legal mandate, even by a local jury, is a bold step towards overturning it. In the case of the marijuana laws, that is precisely what Nesson desired...
...primary memorandum submitted in support of the marijuana case, complete with a high-minded quotation from Thomas Jefferson, reads as a glowing testament to the power of the jury. It is the “ultimate check,” a protector of “liberty,” a “bulwark” against slavish adherence to the letter of the law. It is, in short, precisely what is needed for the success of someone like Nesson, a man who advocates for causes that hinge on breaking the laws as they currently stand. A belief...
...course, not all jury outcomes are necessarily favorable. If the Tenenbaum case goes to trial, it will be the second of its kind. The only other case from the recording industry’s five-year litigation campaign to reach a jury was that of a Minnesota woman named Jammie Thomas, who was sentenced in 2007 to pay $220,000 to the record companies for her file-sharing activities. A juror went on record after that trial calling Thomas a “liar.” (Thankfully for Thomas, a judge later threw out the trial verdict, invalidating...