Word: legal
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...from backing down, Nesson was already incubating a new assault on convention. The First Circuit decision against Web-casting came on April 16. Just a couple of weeks earlier, the professor had made waves in the legal community when he posted an e-mail chain to his blog suggesting an idea for a new, radical defense. Perhaps individuals like Tenenbaum, downloading music for free on-line several years ago when there weren’t any suitable for-pay options such as iTunes, weren’t committing a copyright infraction. Perhaps, Nesson now surmised, such activity wasn?...
...Circuit ruled “no” on the Webcast, there’s talk of an appeal to the Supreme Court on the issue. At the April team meeting I attend, Nesson proposes suing the judges on the panel, counting them as complicit in an abuse of legal process for their erroneous ruling. The office, filled with chairs and laptops, erupts. Four letter words fly. The volume rises. Ray Bilderbeck, the clinical’s notorious dissenter, puts his head back and laughs flat out. “They’re going...
...making a scene. What Stroup and Cusick had been doing behind the NORML/High Times booth was illegal: this was hardly in doubt. But by demanding a trial, Nesson and his clients were hoping to make a start on changing that—tapping the power of a little-used legal prerogative known as “jury nullification.” In old English common law, if a jury felt that a particular law was destructive to liberty, it could refuse to render a guilty verdict on the basis of that law—the effect being to side-step...
...There’s another side, completely different and forward-looking, which is not how do you stop [the future], but how do you reshape it in order to thrive….That’s clearly where I’m at and its clearly a form of legal practice and legal academic thought that is different from the traditional just-go-to lawyers-file-the-papers-kind-of-thing, and I’m sure will be tut-tutted by some people but I think its force is undeniable and its necessity is clear...
Tenenbaum is not shy about using military metaphors when describing his legal struggles. Nesson is a “shield,” litigation tactics are “guns,” opponents’ complaints are “arrows.” And in fact the scene that played out around him during the deposition was, for all intents and purposes, an ideological war. For the duration of one September day, Suite 2500 in the One Boston Place skyscraper housed a struggle between two narratives about the American legal system’s adaptation to a world...