Law

I would have subtitled this video "America's New Civil War".

From the production company :
The New York Times and the Washington Post have recently reported on the "System of Neglect," namely, the state of immigration detention center conditions. As told by her sister June Everett, watch the story of Sandra Kenley, a 52- year-old grandmother, who after living in the U.S. legally for 33 years, was subjected to these very conditions and died in immigration detention.

So Kos uses his blog, just like Michelle Malkin, to parachute on the AP controversy and call himself a hero. In the post not only does he quote an AP article (something I had done earlier that day for fisking purposes), but proceeds to dump on both Rogers Cadenhead, Bob Cox and Ron Coleman for having the temerity to talk with the AP about guidelines :

"The dumbasses at the Media Bloggers Association, of course, are walking right into that meeting because they crave nothing more than creating the impression that they, you know, represent bloggers (they don't)."

This, mind you, after the fact that Rogers had asked for those guidelines. Here's the back story :

Yesterday was intense day that I think was made worse by an article written by Scott Hansell over at The New York Times. Not only did he describe bloggers as "free wheeling", but Hansell made it look like the boycott started by netroots bloggers that spread through the blogosphere was going to be over once the Associated Press had discussions "with representatives of the Media Bloggers Association" that would produce "guidelines" to impose on bloggers.

We don’t want to cast a pall over the blogosphere by being heavy-handed, so we have to figure out a better and more positive way to do this,” Mr. Kennedy said.

Mr. Kennedy said the company was going to meet with representatives of the Media Bloggers Association, a trade group, and others. He said he hopes that these discussions can all occur this week so that guidelines can be released soon.

Still, Mr. Kennedy said that the organization has not withdrawn its request that Drudge Retort remove the seven items. And he said that he still believes that it is more appropriate for blogs to use short summaries of A.P. articles rather than direct quotations, even short ones.

“Cutting and pasting a lot of content into a blog is not what we want to see,” he said. “It is more consistent with the spirit of the Internet to link to content so people can read the whole thing in context.”

Even if The A.P. sets standards, bloggers could choose to use more content than its standards permit, and then The A.P. would have to decide whether to take legal action against them.

The last paragraph is not only the other (after the free wheeling adjective) offending point of this article. It gets picked up by none other than The Associate Press, which goes on to "report" (and here I am breaking to boycott in order to fisk them)

NEW YORK - The Associated Press, following criticism from bloggers over an AP assertion of copyright, plans to meet this week with a bloggers' group to help form guidelines under which AP news stories could be quoted online.

Jim Kennedy, the AP's director of strategic planning, said Monday that he planned to meet Thursday with Robert Cox, president of the Media Bloggers Association, as part of an effort to create standards for online use of AP stories by bloggers that would protect AP content without discouraging bloggers from legitimately quoting from it.

The meeting comes after AP sent a legal notice last week to Rogers Cadenhead, the author of a blog called the Drudge Retort, a news community site whose name is a parody of the prominent blog the Drudge Report.

The notice called for the blog to remove several postings that AP believed was an improper use of its stories. Other bloggers subsequently lambasted AP for going after a small blogger whom they thought appeared to be engaging in a legally permissible and widely practiced activity protected under "fair use" provisions of copyright law.

In response, the AP indicated it would seek to create guidelines, though even that idea triggered further protests. Michael Arrington wrote on his TechCrunch blog Monday that AP "doesn't get to make its own rules about how its content is used, if those rules are stricter than the law allows."
FULL ARTICLE AND SOURCE

It is outrageous that the AP, with the help of one of it's members (The New York Times), is spinning this Thursday as some sort of workshop that they will use, with the help of the Media Bloggers Association, to tell bloggers what is Fair Use.

And it is what I was twittering about with Jay Rosen last night. Jay and I reckoned there was what it seemed a "diffusing" element to the way the news were being report from Hansell down. He picked up on it as "the journalists' attempt to calm things down". I described as "there's an interesting diffusing dynamic going on, starting @ NYT" that had been preceded by the following twitts :

blogdiva: @jayrosen_nyu what a lot of your media peeps fail to mention is that no matter what AP says about use of their content there'll be a boycott
about 10 hours later · Reply · View Tweet

blogdiva: @jayrosen_nyu the boycott is not going to end after Ap meets the MBA because the issue here is that they don't get to say what is fair use
less than a minute later · Reply · View Tweet

It wasn't until after I spoke with Robert Cox that it hit me : Yes, indeed, people are reading these as "appeasement" quotes from AP. It does look like the article are meant to diffuse the issue and they're doing so by using Robert Cox's meeting as part of their damage control.

We will deal here with the first part of the discussion which is about Rogers' C&D, the agreement he brokered with the AP and the Thursday meeting. The second part, which is about the reorganization of the Media Bloggers Association and how to become a member will be posted separately.

I cannot lie : I can't understand the whole concept of prostitution.

I can't understand why I woman would want to get paid by 2, 3, 6, 10 guys (or gals) a night to make rent. I can't understand how people can use their bodies as a tool or an instrument in that fashion.

I can't understand either why a guy would want to pay for sex. Yes, I know, I've heard about the whole "it's about having control and power and no string attached" spiel. Yet whereas many people see that as an exploitative act that gives men an unlimited amount of power, I see it more as a sign of weakness and even impotence. A guy that has to pay for it can't get it any other way and paying it for it is just part of the thrill.

Yet just because I don't understand the psychological dynamics of prostitution does it mean that it should be outlawed. On the contrary, just as with most drugs, I believe that we should follow Holland's lead and legalize prostitution.

Banning prostitution is not going to make it go away. On the contrary, the allure of breaking the taboo would be even stronger. If women and men want to turn sex into a transaction then, by all means, make it safe and make it fair.

Prostitution should be taxed and considered labor.

Prostitutes should be certified by the board of health.

Prostitution houses ought to be licensed and provide security services, along with health benefits and other labor benefits, to all their workers.

Ohio had severe weather conditions at the moment. The A judge ordered 15 polling stations in County Coyahuga, the county for Cleaveland, to reopen until 9:00pm.

7:58 p.m.
The Obama campaign has gone before a judge to try and get an order to have the polls remain open in Cuyahoga County until 9 p.m. The campaign claims there was a shortage of Democratic ballots that may have left some voters without the chance to vote. A higher number than expected number of Republican voters showed up at the polls Tuesday asking to switch parties and receive a Democratic ballot. A judge in Sandusky County already approved a similar measure requested by Ohio Secretary of State, Jennifer Brunner. Brunner says there was a lack of Democratic ballots in that county due to the number of voters switching parties.

Read more at WKYC.COM's site.

On May 25th, 2005, I wrote the following about Lawrence Lessig :

Today we're all having one of those days : the four of us woke up somewhat askew. Whether it is allergies or a cold, we're not feeling well. So I decided to not take the kids to their usual martial arts class. But to minimize the askweness of the day, we followed part of our Monday "script" and procured the "start of the week" stash of candy.

And then, to make things more "different" I bought New York Magazine because this week's cover story caught my eye. Simply titled, The Choirboy, the hook goes : "The American Boychoir School in Princeton was a twisted sanctuary for the sexual abuse of children. Why is one of America's most famous lawyers taking it on? He was one of the victims". Needsless to say, I had to get this magazine. With all the child abuse scandals plaguing the Catholic Church, I was intrigued. So I immediately went on to page 28 while my two little boys were enjoying their Monday afternoon treat and I immediately broke down.

The lawyer and former abused choirboy is none other than Lawrence Lessig; a man who could only be described as force of nature on the internet.

There on page 29 of this week's New York Magazine, is a man that I have long admired, not just because of his books championing freedom of speach on the Internet, not just because he founded Creative Commons, but because Lawrence Lessig was one of the few people to come to our family's rescue and tell us "everything is going to be alright". Back in 1997 my husband became on of the first artists to be threatened with intellectual property lawsuits for derivative work displayed and distributed through the internet and Lessig was one of the few people who was able to offer some advice --because nothing like this had happened to any artists on the net.

It's because of this that nowadays, when working on a project, we always ask WWLLD? or "What would Lawrence Lessig do?" : We're not religious people but we do believe in the legal judgement of Lessig.

As one of the commenters over at Lessig's said, "Having high-profile, successful people step forward with their stories is important. It makes the burden easier to carry for others, and it shows in a practical way that though such a past will always -color- you to some degree, it doesn't need to -define- you."

Yet it's the fact that he took on this legal challenge after losing one of the biggest and most important legal fights in his area of special --copyright and intellectual property-- that is more poignant.

Environmental Law - Protection of Native Resources

Type of Event: Training
Hosted By: Falmouth Institute
Event Dates: 4/21/2008 - 4/23/2008
Event Location: Las Vegas, NV
Cost: $755
Contact: Falmouth Institute
Email: information@falmouthinstitute.com
Contact Phone:800-992-4489
Contact Fax:703-352-2323
Website: http://www.falmouthinstitute.com

Course Description:Even though federal law and policy assures conservation and protection of natural resources, the outcome of conservation on tribal land is uncertain. Cultural and economic interests of tribes often conflict with those of states and federal government. Tribes face management challenges – increased economic development, changing environmental conditions and competing interests, to name just a few. A thorough understanding of the legal issues and rights of all parties is the best defense for protecting natural resources. Natural resources are important everywhere, but they are more critical to tribes. This insightful, three-day class will cover the basics from water and air to land and wildlife. It will examine the federal laws and regulations that govern these areas and provide a review of the latest case law. Find out where states’ rights end and the tribes’ begin. Understand why these different aspects of the environment are important and how they affect everything from everyday life to business development. Learn how to create and maintain conservation projects and discuss how other tribes’ have used the law to help conserve and protect their natural resources. This hands-on class will give you the opportunity to discuss the unique challenges and issues that impact your tribe and explore solutions. Don’t miss this important training program – register today!

Tribal-State Comparative Law

Type of Event: Training
Hosted By: Tribal Judicial Institute
Event Dates: 5/1/2008 - 5/1/2008
Event Location: Minneapolis, MN
Contact: Melissa Johnson
Email: mjohnson@law.und.edu
Contact Phone:701-777-6306
Contact Fax:701-777-0178
Website: http://www.law.und.edu/npilc/judicial

Course Description:Many Tribal Justice Systems can benefit from the examination of how States resolve disputes. Tribal-State forums are important tools to achieve this result. The partners are actively involved in such forums in the Dakotas, Minnesota and New York and will bring these experiences to bear in this one session.

How to Register: Visit the Tribal Judicial Institute website to download a registration form at: http://www.law.und.edu/npilc/judicial/downloads.php

Healing to Wellness Courts and Tribal Court Responses to Substance Abuse

Type of Event: Training
Hosted By: Tribal Judicial Institute
Event Dates: 5/15/2008 - 5/16/2008
Event Location: Anchorage, AK
Contact: Melissa Johnson
Email: mjohnson@law.und.edu
Contact Phone:701-777-6306
Contact Fax:701-777-0178
Website: http://www.law.und.edu/npilc/judicial

Course Description:Partners will assist Tribes to develop and implement Healing to Wellness Courts to respond to a burgeoning drug and alcohol problem including methamphetamine.

How to Register: Visit the Tribal Judicial Institute website to download a registration form at: http://www.law.und.edu/npilc/judicial/downloads.php

Tribal Court Development and Administration

Type of Event: Training
Hosted By: Tribal Judicial Institute
Event Dates: 5/15/2008 - 5/16/2008
Event Location: Anchorage, AK
Contact: Melissa Johnson
Email: mjohnson@law.und.edu
Contact Phone:701-777-6306
Contact Fax:701-777-0178
Website: http://www.law.und.edu/npilc/judicial

Course Description:This session will include record retention, developing a court clerks procedures manual, grant management and related issues.

How to Register: Visit the Tribal Judicial Institute website to download a registration form at: http://www.law.und.edu/npilc/judicial/downloads.php