Posts Tagged ‘the courts’
A Few Friday Night Links
* Tarheel Summer? Roughly 600 people gathered outside the Legislative Building in Raleigh on Monday as part of a growing wave of protests called Moral Mondays, which have now led to 153 arrests over four weeks.
* DIA’s art collection could face sell-off to satisfy Detroit’s creditors.
* Harvard Professors Call for Greater Oversight of MOOCs.
* Immigration-related offenses are now the leading type of federal prosecution, constituting more than 40% of cases compared with 22% for drug crimes, according to federal crime data.
* Study: Anxiety Resolved By Thinking About It Real Hard.
* And for his 72nd birthday, a map of every street, town, and city Dylan has ever sung about.
Tuesday!
* Well, it was nice while it lasted: Guatemalan Court Overturns Genocide Conviction of Ex-Dictator.
* College sports as investment bubble? Reform or Retreat?
* MOOC Professors Claim No Responsibility for How Courses Are Used.
* One of 500. Come for the thoughtful and reflective essay, stay for the shit-stirring, dickish comments…
* How the US Turned Three Pacifists into Violent Terrorists. The headline is a bit misleading; this is about word games prosecutors play.
* ‘Arrested Development’ Creator Mitch Hurwitz on His Two-Year Odyssey to Revive the Show.
* And over at Dear Television Lili Loofbourow has a good thing on the latest Mad Men episode, too.
Wednesday Morning
* The wisdom of markets: hacked @AP Twitter account sends Dow Jones Industrial Average tumbling 150 points in a few seconds.
* Handy charts reveal why you’ve never heard of most female SF authors.
* Florida approves online-only public university education.
* Graduate school and the peak-end heuristic. It’s a thing!
* First lawsuits files in the West, Texas, fertilizer plant explosion.
* Reports trickling out about police interviews with Dzhokhar Tsarnaev.
* And the ricin case gets weirder and weirder.
* Bad news, Game of Thrones fans: You are mispronouncing Daenerys’s honorific, Khaleesi.
Peterson, who has a masters in linguistics from the University of California–San Diego and founded the Language Creation Society, spent twelve to fourteen hours a day, every day, for two months working on the proposal that landed him the Thrones job. When he was finished, he had more than 300 pages of vocabulary and notes detailing how the Dothraki language would sound and function. “The application process favored those of us who were unemployed at the time, which I was,” Peterson laughed.
* Cooper Union Trustees Vote to Impose $19,000 Tuition.
* Chicago Sun-Times begs students not to participate in standardized-testing boycott.
* A Conversation with a Single Mom Living on $40,000 a Year.
* School Principal Discouraged Teen Girl from Reporting Sexual Assault Because It Would Ruin Attacker’s Basketball Career. I mean really.
* And a little something for the whatthefuckaricans out there: Marc Maron…IN SPACE.
Some Thoughts on Miranda
You know you have the "academic" gene when your reaction to widespread jubilation is a desire to deconstruct the idea of a "fair trial."—
Gerry Canavan (@gerrycanavan) April 20, 2013
I wound up indulging my academic gene after all with a long conversation on Twitter this morning about Miranda rights (Storified here). Distilling this to just a few key points:
* The Miranda warning is a fairly idiosyncratic (and relatively recent) feature of American jurisprudence. It is not by itself determinative of the absolute fairness or unfairness of a criminal proceeding.
* The Miranda warning concerns only the suspect’s post-arrest utterances, which by all accounts the prosecutors in this case would not need to secure a conviction. They claim, after all, to have photographic evidence of the bombs being planted.
* A brief “public safety” exemption to the Miranda warning is a lawful and long-standing procedure that is rationally applied to the circumstances of this case. It should be over (very) soon, but it’s not by itself illegitimate.
* The Miranda warning, in general, is a good thing, but not as good as it sounds; the primary effect of the Miranda warning is to legitimate police attempts to get you to surrender these rights through coercion or deceit. As I was putting it on Twitter earlier:
Mirandization exists not to guarantee the right to remain silent but to facilitate its abrogation.—
Gerry Canavan (@gerrycanavan) April 20, 2013
Once you've been Mirandized properly, your right against self-incrimination can be safely violated.—
Gerry Canavan (@gerrycanavan) April 20, 2013
* Most crucially, there is a zero percent chance that a guilty Dzhokhar Tsarnaev would somehow escape punishment on the basis of a legal technicality. No court — much less the Supreme Court — would ever allow that outcome. What would happen instead is that a sufficiently large exemption to Miranda would be discovered to allow a conviction to stand. Again, as I was putting it on Twitter:
Where I disagree with @ggreenwald and Dershowitz – I don't think there's any scenario in which Tsarnaev could "successfully argue" anything.—
Gerry Canavan (@gerrycanavan) April 20, 2013
They'd never allow someone like this to get off on a technicality; they'd just argue it away. Law is power, not independent of power.—
Gerry Canavan (@gerrycanavan) April 20, 2013
To say that another away: the risk of not Mirandizing him is weakening Miranda, not putting this prosecution at risk.—
Gerry Canavan (@gerrycanavan) April 20, 2013
That’s why from my perspective the big issue is not Miranda, it’s presentment. Right now Tsaraev is still within the scope of the normal criminal justice system, as he should be. The bad outcome here is not his being denied a Miranda warning; it’s him not being allowed any trial at all.
More (not always agreeing with the above) from Orin Kerr, Scott Lemieux, Emily Bazelon, Freddie deBoer, and Glenn Greenwald.
In Which Antonin Scalia Sets Out to Completely Break My Spirit, and Succeeds
Today’s hearing on the Voting Rights Act featured some of Scalia’s most breathtaking anti-textualist and ad-hoc reasoning ever. The argument is literally that the Supreme Court is tasked to strike down popular laws because otherwise they’ll be continually reauthorized in perpetuity because people want them. Like the Founders intended!
Just astounding.
More here and here. My sole consolation here is @studentactivism’s shocking discovery that Scalia’s entire term on the Supreme Court is null and void by the well-known Constitutional principle that it doesn’t count if it was unanimous. Article 1. Look it up.
Wong Kim Ark
At the heart of the coming battle over the constitutional right to U.S. citizenship for everyone born in this country is how the 14th Amendment, adopted in 1868, is interpreted. And at the heart of that interpretation is a 112-year-old Supreme Court decision, based on a lawsuit filed by a young man from San Francisco named Wong Kim Ark.



