John Yoo, who famously wrote the legal rationale for allowing the US government to torture people, has already defended the NSA’s activities, arguing that it takes too long for the NSA to obey the Constitution, so it shouldn’t have to. Given that, it was hardly a surprise to see his reaction to the recent ruling saying that the NSA’s bulk metadata collection program was likely unconstitutional and should be stopped. Yoo is… not a fan of this ruling. In fact, he uses it to rail against judges daring to make any determination about whether or not something violates the 4th Amendment. According to him (and only him) that’s the job of Congress, not the courts….
Author Of Torture Memo Says Judges Are Too Out Of Touch To Determine If NSA Violated The 4th AmendmentBy Techdirt
- Biglaw, Fashion, Health Care / Medicine, Intellectual Property, Non-Sequiturs, Partner Issues, Patents, Privacy, Trademarks
* Why fashion gets knocked off: delving into the world of design patents and trade dress. [Fashionista]
* Comparing the modern NSA to the intelligence-gathering techniques employed during the American Revolution. Interesting stuff, but a total cover-up job. Where’s the discussion of Ben Franklin’s “electric kite drones,” eh? You must think we’re pretty naïve, Logan Beirne. [Fox News]
* Incredibly sad, but also incredibly fascinating: if a child is rendered brain dead by a possible medical mistake, should the state honor the wishes of the family to keep the kid on life support even though every day on life support makes an investigation into the cause of death harder? [CNN]
* Loyola University Chicago introduces a new curriculum to give students an opportunity to get real-world experience with a judge or practicing lawyer before graduating. A law school focusing on training lawyers to be lawyers? This isn’t all that surprising when you look back at Dean Yellen’s previous work. [Loyola University Chicago]
* Congratulations to Therese Pritchard on her election as the first female chair of Bryan Cave. We’re big fans… until you fail to leak your bonus memo to us first. The ball’s in your court now Pritchard. [WSJ Law Blog]
* The venerable Green Bag is parting ways with GMU Law. Thankfully, it has already found a new home. [PrawfsBlawg]
* Former White House attorney John Michael Farren who we reported on a lot in the past about beating his wife nearly to death… was found liable for beating his wife nearly to death. So that happened. [News Times]
“What a person knowingly exposes to the public, even in his own home or office, is not a subject of Fourth Amendment protection . . . But what he seeks to preserve as private, even in an area accessible to the public, may be constitutionally protected.”
“’But who wants to be watched all the time?’
‘I do. I want to be seen. I want proof I existed [ . . . ] Most people do. Most people would trade everything they know, everyone they know — they’d trade it all to know they’ve been seen, and acknowledged, that they might even be remembered. We all know we die. We all know the world is too big for us to be significant. So all we have is the hope of being seen, or heard, even for a moment.”
— The Circle, by Dave Eggers
The Circle (affiliate link), the latest novel by Dave Eggers, is a work of speculative fiction centering on a hypothetical technology company called the Circle. Eggers sets the story on a glossy, mythical Silicon-Valley internet campus that unapologetically resembles some famous not-so-mythical ones. At the start of the tale, the Circle has recently overtaken Google, Facebook, and Twitter. Its TruYou technology has created unified accounts for its users’ online presences, linking all social media profiles and bank information, tying it to users’ actual offline identities. TruYou is a convenience, a means of better connecting online, but it also changes the tenor of Internet conversation. Since TruYou eliminates pseudonyms and anonymous activity, it also restores real-life accountability to online comments and interactions. People are nicer. Shopping is easier. Communicating is quicker. People send “zings.” They respond with “smiles” or “frowns.” The reader need not decode much in order to recognize this world….
Did you catch 60 Minutes last night? Did you at least catch the 60 Minutes promos during various awesome football games this weekend?
On last night’s program, Amazon CEO Jeff Bezos declared that Amazon intends to send drones to your house to deliver packages. I’m pretty sure this is the only strategy that would be ultimately effective in Afghanistan. Instead of using drones to bomb people, if we were sending HD televisions, water, and vacuum cleaners, you’d see that region become much more amenable to America. At the very least, sending people things from the ATL holiday gift guide (sponsored) is better than sending them warheads.
But the thought of Amazon drones dropping consumerism on us from the sky should be pretty terrifying to Americans. How would that even work? I live in an apartment building… the humans often don’t know where to leave my packages. Watching Bezos, all I could think of was angry robots shooting copies of the Washington Post at me through my window while I read news on the internet.
Luckily, the Amazon plan is currently illegal. And it’s likely to stay completely unworkable…
A person expects that the area under their clothing is private and protected against hostile intrusion … but if a clothed person is out in public and reveals areas under their clothing, whether inadvertently or otherwise, to plain view, she or he no longer has an expectation of privacy.
– Attorney Michelle Menken, arguing that the Massachusetts Peeping Tom law does not apply to her client, a man who was arrested for exercising his right to free speech — by taking “upskirt” pictures of women on the Boston subway.
* A passionate defense of Condoleezza Rice’s appointment to the NCAA selection committee, decrying criticism of her joining the committee as sexism. Unfortunately, he’s wrong (the entry for “Zubaydah”). [The Legal Blitz]
* The cop who pepper-sprayed the UC Davis protestors got $38,000 in workers’ comp for the anxiety he suffered when people criticized him. Poor delicate flower. [Lowering the Bar]
* Wisconsin forced a pregnant woman into a drug treatment program — even though she didn’t use drugs. Her fetus was afforded an attorney, but not the woman being unlawfully detained. [Slate]
* Former NSA chief Michael Hayden got a taste of what it feels like to have his private conversation monitored. Hayden told the reporter that he didn’t want to be on the record, but unfortunately for him, someone seated nearby knew who he was and live-tweeted the whole embarrassing conversation. [Think Progress]
* Yikes. Feds confiscated an investigative reporter’s files. That seems… wrong? [Popehat]
* In tragic news, Judge Anthony Quinn of Utah, the brother of Quinn Emanuel’s John Quinn, was killed in a bicycling accident. Our thoughts are with the Quinn family. [Salt Lake Tribune]
* Herman Cain has figured out the culprit behind the sexual harassment allegations that plagued his campaign. It was the Devil! Maybe O.J. should look into where the Devil was when Ron and Nicole were killed. [Talking Points Memo]
* The mixologists behind “The OxyContin” cocktail have renamed it “The Cease and Desist” after the pharmaceutical company that makes OxyContin shot off its cease and desist letter. Because this cocktail was more damaging to their reputation than being one of the most used and abused drugs on the market. [Forbes]
* The new Phoenix Wright: Ace Attorney game is coming to America. I gather you can yell “Objection!” at your Nintendo DS and it responds. Anyway, here’s the review. [GameSpot]
* Down in Texas, Judge Sandra Watts got a taste of the new
draconian totally fair voter ID requirements when election officials tried to block the 49-year veteran of the voting process from voting because her maiden name was on her ID. Thankfully for Judge Watts, she understood the law a little better than the poll workers. [ThinkProgress]
* Mike Lickver, whose legally-inspired music videos have graced these pages a couple of times before, has a new video. It’s not legally-themed at all, but he’s a rapping lawyer, so we give him a pass for venturing out into other themes. Video after the jump…
- 9th Circuit, Benchslaps, Federalist Society, Law Schools, Music, Non-Sequiturs, Privacy, SCOTUS, Supreme Court, Supreme Court Clerks
* Just in time for Halloween, here’s a real Night of the Living Dead scenario. In Ohio you only have 3 years to challenge a ruling that you’re legally dead. After that, regardless of how f**king “alive” you are, you have to stay dead. [WTAE]
* Remember the epic Ninth Circuit benchslap oral argument? Well, the government read the writing on the wall and has confessed error and vowed to use the video of the oral argument as a training tool for its attorneys. We hope they’ll consider using the ATL write-up as supplemental reading material. [The Volokh Conspiracy]
* Law schools tell us they’re moving toward a model encouraging practical skills… and keep hiring more professors without any practical skills. #fail [Lawyers, Guns & Money]
* Infographic telling us what we all knew — the bubble done burst. [Online Paralegal Programs]
* The Ole Miss FedSoc has readopted Colonel Reb, the now departed Ole Miss mascot, who the student body rose up and tried to replace with Admiral Ackbar solely because the collected student body figured out this was racist (prompting one of my friends to create this brilliant image). So as Elie asks, “Is it really news that the Ole Miss FedSoc is raceist?” [Ole Miss]
* A visit with Bill Coleman Jr., the first African-American Supreme Court clerk. [Judicial Clerk Review]
* More about the Stephentown incident in which 300 kids broke into a guy’s house and live-tweeted the $20,000 in damage they did. Some parents have threatened to sue him for identifying the kids who ruined his house — because blaming the victim is awesome! [IT-Lex]
* Today in contrarian arguments, fracking could solve the global water crisis. [Breaking Energy]