Word: legalism
(lookup in dictionary)
(lookup stats)
Dates: during 2000-2009
Sort By: most recent first
(reverse)
...access to information online. “At a very basic level, this is about the privatization of the Internet,” one of Nesson’s students tells me while working on the appeal. “It’s about the use of the legal process to close down the internet and you don’t want to get all fluffy and ‘ra ra democracy,’ but the fact of the matter is that every time a private interest wins a case that does more to privatize, we?...
...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...