Posts Tagged ‘jury nullification’

Free speech roundup

  • “Denver DA charges man with tampering for handing out jury nullification flyers” [Denver Post, earlier New York case covered here, here, here, etc.] More: Tim Lynch, Cato.
  • Occupational licensure vs. the First Amendment: Texas regulators seek to shutter doc’s veterinary advice website [Ilya Shapiro, Cato]
  • Fired for waving rebel flag? Unlikely to raise a First Amendment issue unless you work for the government, or it twisted your employer’s arm [Huntsville (Ala.) Times, Daniel Schwartz]
  • “Twitter joke thieves are getting DMCA takedowns” [BoingBoing]
  • A reminder of Gawker’s jaw-droppingly bad stuff on freedom of speech (“Arrest Climate Change Deniers”) [Coyote, related]
  • Canadian lawyer/journalist Ezra Levant facing discipline proceeding “for being disrespectful towards a government agency” [Financial Post, earlier]
  • “‘Shouting fire in a theater’: The life and times of constitutional law’s most enduring analogy” [Carlton Larson via Eugene Volokh, also Christopher Hitchens on the analogy]

June 17 roundup

  • Skull and crossbones to follow: San Francisco pols decree health warnings on soft drink, Frappuccino billboards [Steve Chapman]
  • Judge criticizes feds’ punitive handling of AIG rescue as unlawful, but says no damages are owed to Hank Greenberg [Bloomberg, Thaya Knight/Cato, Gideon Kanner who predicted outcome, W$J]
  • Congress resisting Obama/HUD scheme to force communities to build low-income housing [Jonathan Nelson/Economics21, Marc Thiessen, Affirmatively Furthering Fair Housing or AFFH]
  • California, following New York, proposes 50 hours of mandatory pro bono work for prospective lawyers [John McGinnis]
  • Five part Renee Lettow Lerner series on historical role and present-day decay of juries [Volokh Conspiracy, introduction, parts one, two, three, four, five] Related: Mike Rappaport and follow-up on Seventh Amendment, Liberty and Law.
  • Latest Scotland drunk-driving blood threshold: Drivers “warned that having ‘no alcohol at all’ is the only way to ensure they stay within the limit” [Independent via Christopher Snowdon]
  • How not to argue for bail reform: Scott Greenfield vs. NYT op-ed writer [Simple Justice]

July 29 roundup

April 23 roundup

  • Fearful of adverse Supreme Court ruling, Department of Justice said to have exercised pressure on city of St. Paul to buckle in housing-disparate-impact case [Kevin Funnell]
  • Justice Janice Rogers Brown: we can dream, can’t we? [Weigel] The Brown/Sentelle opinion everyone’s talking about, questioning rational basis review of economic regulation [Hettinga v. U.S., milk regulations; Fisher, Kerr]
  • Claim: “The Bachelor” TV franchise discriminates on basis of race [Jon Hyman]
  • Chicago sold off municipal parking garages. Good. It also promised to disallow proposals for private parking nearby. Not good [Urbanophile]
  • Bad day in court for Zimmerman prosecution [Tom Maguire, more, Merritt]
  • “I want some systematic contacts wherever your long arm can reach” — hot-‘n’-heavy CivPro music video satire [ConcurOp, language]
  • Federal judge dismisses charge against man who advocated jury nullification outside courthouse [Lynch, Sullum, earlier]

Further update roundup

February 28 roundup

  • Feds indict activist for handing out “jury nullification” tracts outside courthouse [Volokh, Greenfield] Anti-abortion billboard taken down after demand by NYC pol; co. says fear of violence was spur [NY Times]
  • Pigford class action (USDA bias against black farmers) defended and assailed [Friedersdorf and readers, Daniel Foster/NR, Mark Thompson/LOG, earlier here, here, here, etc.]
  • Avik Roy on Pennsylvania defensive-medicine study [Forbes]
  • Backstory: Scott Walker battled AFSCME for years as Milwaukee County exec [Aaron Rodriguez, Hispanic Conservative] “Wisconsin’s teachers required to teach kids labor union and collective bargaining history” [Daily Caller]
  • “The return of the $0 Costco fuel settlement” [CCAF]
  • Historic preservation vs. the obesity crusade: should a vintage Coke sign in San Francisco’s Bernal Heights neighborhood come down? [SFGate]
  • Law blog that covers a single beat closely can turn itself into a valued practice tool [Eric Turkewitz on John Hochfelder’s New York Injury Cases]
  • “Soda suits: Banzhaf browbeats school officials” [five years ago on Overlawyered]

U.K.: “Jury decides that threat of global warming justifies breaking the law”

“The threat of global warming is so great that campaigners were justified in causing more than £35,000 worth of damage to a coal-fired power station, a jury decided yesterday. In a verdict that will have shocked ministers and energy companies the jury at Maidstone Crown Court cleared six Greenpeace activists of criminal damage.” (Michael McCarthy, Independent (U.K.), Sept. 11).

Palin and jury nullification

Expect some controversy over hints that the Alaska Governor may have expressed sympathy with the argued right of criminal juries to decide on matters of law as well as fact, perhaps in the process acquitting some violators of unjust laws. Despite its extensive pedigree in Anglo-American legal history, that position has become highly unpopular with most authorities in bench and bar, even as it remains popular with many Americans at the grass roots. (Eugene Volokh, Sept. 3). Some blog background on the subject: Randy Barnett, Dan Markel, Anne Reed, Eric Muller, Tim Lynch.