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...will be so quickly closed. At the very least, Nesson’s somewhat loose take on procedural rules has raised questions about how well the professor’s academic penchant for idealism has weathered the transition from the classroom to the more rules-based climate of civil litigation, and—more particularly—whether his fascination with openness is coming at the expense of Tenenbaum, his client. “Number one rule of litigation: don’t piss of the judge,” copyright blogger Ben Sheffner told me, reflecting on the incident...

Author: By Christian B. Flow, CRIMSON STAFF WRITER | Title: Building the Public Domain, Part II | 5/9/2009 | See Source »

...stands to lose thousands of dollars in damages if Nesson’s designs implode, seems to accept it all in stride. Sued in 2007, he fought his case for a year with the help of only his mother, a small-time family lawyer with little knowledge of civil procedure. The experience was, he says, emotionally and physically destructive, filled with rough treatment and strident demands by the corporate lawyers arrayed against him. When a Massachusetts District Judge contacted Nesson to see if he would take on Joel’s case, it was a relief—a promise...

Author: By Christian B. Flow, CRIMSON STAFF WRITER | Title: Building the Public Domain, Part II | 5/9/2009 | See Source »

...mark. In one March ruling, on a motion filed by the Tenenbaum team that was found lacking on several procedural points amidst, the Judge had a strong message for Nesson. “Nothing entitles the Defendant to engraft his own conditions on the Federal Rules of Civil Procedure or the Local Rules of this Court, or to dispense with them where they fail to suit his counsel’s teaching style,” Gertner wrote. “….While the Court understands that counsel for the Defendant is a law professor, and that...

Author: By Christian B. Flow, CRIMSON STAFF WRITER | Title: Building the Public Domain, Part II | 5/9/2009 | See Source »

...further expenses by fighting the case. Of further concern was the possibility that the recording industry was attempting to use its lawsuits to send a message to potential file downloaders and not just to redress its damages, giving its lawsuits an extra objective not allowed by the rules of civil procedure. The strategy—a challenge to the very constitutionality of the laws behind the recording industry’s case rather than a plea of innocence or a simple settlement out of court—was a fresh...

Author: By Christian B. Flow, CRIMSON STAFF WRITER | Title: Building the Public Domain, Part II | 5/9/2009 | See Source »

...Sylvia's usually comes for grits and country sausage. But on September 6, 1996, something special was on the menu of the landmark Harlem eatery: A white, middle-aged man running for vice president on the Republican ticket was stumping for votes. "This is the color of the new civil-rights revolution - green," shouted Jack Kemp, waving a dollar bill and wearing a sweat-drenched white shirt, as he stood on top of a folding chair...

Author: /time Magazine | Title: Jack Kemp: Running a Very Different Republican Race | 5/8/2009 | See Source »

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