#justia

[jelly-drop-buttons]

Homestuck S/I’s: Justia Creden! And her Dancestor, Junoss Creden! These Garnet-blooded trolls may be rather different in attitude, but they both can agree on one thing. Metal is indeed the best genre of music.

(click for better quality)

[justia]

Should Prosecutors Worry About Having Jewish People on Capital Juries?

17 MAY 2024 | AUSTIN SARAT

On May 13, the New York Times published a story about discrimination in jury selection in death cases that was shocking, but not surprising. The story recounted longstanding efforts by prosecutors in Alameda County, California, to prevent people from serving as jurors in death penalty cases based on their race, gender, and religion.

Last month, a federal judge ordered an inquiry into those allegations. As the Times explains, “The inquiry, which may involve as many as 35 cases from as far back as 1977, is just getting underway. But the district attorney’s office says it has already found evidence that the discriminatory practice was widespread for decades and involved numerous prosecutors.”

The Times article highlighted and paid particular attention to the systematic exclusion of Jewish people from death penalty juries.

Read More Here

[smillingl]

O Rei do Crime (on Wattpad) https://www.wattpad.com/story/361023849-o-rei-do-crime?utm_source=web&utm_medium=tumblr&utm_content=share_myworks&wp_uname=niminah_ ----🚨❤️🚨---- Problemas, Essa era a única palavra que tinha em sua cabeça, Jeong Tae-eul sabia que ser Detetive nunca foi fácil ainda mais para uma mulher, Mas, Nunca pensou que em um momento sua vida viraria de cabeça pra baixo por causa de um Homem, Que no início fazia parte de sua investigação. Kim Taehyung é um criminoso famoso, conhecido como o "Rei do Crime". Ele é o líder de uma organização criminosa que controla o "submundo" da Coreia do Sul. Ela sabe que Taehyung é um homem inteligente e perigoso, que não mede esforços para conseguir o que quer, Matando ou Mandando. Ele é arrogante e manipulador, e não se importa com ninguém além de si mesmo. Mas Tae-eul pensa de uma forma diferente, Suas grandes habilidades e incrível experiência levam a nossa protagonista aos olhos de um dos maiores inimigos de Kim Taehyung, E então ela é colocada nesta perigosa e complexa missão, Conhecer o Amor. "Você corre em círculos, Sempre fala que me odeia mas não é isso que diz na Cama". "Minha vida era o Purgatório, Mas depois que ele apareceu, Finalmente virou o inferno". Plágio é Crimee~~ Adaptações só com minha Permissão Em breve na língua inglesa FEAT COM O BARD, DEVIDOS CRÉDITOS AO MEU AMIGO POR FAVOR NÉ! Eu escrevi essa história com minhas ideias e conselhos de um amigo, Qualquer semelhança é mera coincidência.

[gacha-memoir]

[draingang-agora]

Because what the term "human rights" obviously best indicates is certain standards that ought not to be violated, it's not a reorganization of any kind, it's necessary because the OP seems to disagree in favor of an entirely consequentialist advancement that anything that advances ones own goals is fine, with the implication that ruthlessness toward one's enemies is fine, I find this line of moral reasoning to be flawed beyond measure. 2. "Nevertheless, even if neither of you intended it, the phrasing of the arguments is reminiscent of US political debates over legal rights (usually in the context of the US constitution) more than anything else that I (or likely the average reader) am familiar with." No it isn't, this is very clearly US-bad, as a thought terminating axiom, not everything is about the USA. You will condescendingly explain cognitivism to me but can't grasp that this might be a moral debate beyond semantics? The idea being advanced is very clearly just human lives have an innate worth that justifies universal standards of conduct onto them, this is a very basic ethical argument, that is fairly obvious from the outset. yr point is meaningless because the US has nothing to do with this argument. The argument being advanced is very clearly that there are certain privileges that people should be afforded ante omnia, in contrast to the idea that things that are harmful should eo ipso be banned, or that the ends justify the means(which looking at yr blog you appear to believe), Like Kaia says, bodily autonomy supersedes yr want to control people regardless of harm, and there are certain things that are always wrong regardless of what you think you will achieve via such methods. If you genuinely can not understand this unless phrased outside the language of "human rights" then that's fine but it will still make yr arguments here meaningless because you don't seem to grasp the contention. 4. I am giving the OP a lot of grace because I can read, especially the part where they acknowledge the legacy of entrenched legal human rights as a tool to obscure actual human rights, this isn't grace it's literally just reading comprehension, the point in full is laid out from the get go.

me when I'm a revolutionary

[beardedmrbean]

A central Arkansas father has been charged with first-degree murder after finding his missing underage daughter in the car with a man, then shooting and killing the man.

The shooting happened in Lonoke County, about 75 miles northeast of Hot Springs.

Someone called the Lonoke County Sheriff's Office around 1:12 Tuesday morning about a missing juvenile, the sheriff’s office said in a news release on Facebook. The girl is 14 years old and the man who was shot is in his 60s, Lonoke County Sheriff John Staley confirmed to USA TODAY Friday afternoon.

While deputies were on their way to the home, someone called to let them know that a father had found his daughter with a man named Michael Fosler, authorities said.

The two had a "confrontation," and Fosler was shot and later pronounced dead at the scene.

The father was taken into custody and taken to the Lonoke County Detention Center. According to online jail records, the 36-year-old was released at 1:12 p.m. on Wednesday. 

He is facing a "preliminary charge" of first degree murder, a Class Y felony, the sheriff's office said. Class Y felonies normally carry a sentence of at least 10 years and no more than 40 years, or life in prison, according to legal website Justia.

Sheriff Staley said in a video posted on Facebook that the investigation is ongoing so authorities are only releasing limited details. The prosecutor will determine what charges will be filed and no official charges have been filed yet, Staley said. 

“I have not, nor will I, advocate for any specific charge,” Staley said. “This is a tragic situation and my thoughts and prayers are with all those involved.”

Shooter posts bail; family trying to secure lawyer

A woman identifying herself as the girl’s mother shared a series of updates on Facebook after the incident. She confirmed that the family was able to post bail and get her husband out of jail, but they started a fundraiser to retain a lawyer.

“We are private people, so all of this being public has been very difficult,” The woman shared on Facebook Wednesday afternoon.

In her post, she said the family had a no-contact order in place for Fosler due to stalking. 

Man killed was arrested earlier this year

The man who was shot, Fosler, had been arrested by another agency in July and booked for internet stalking of a child and sexual assault, Sheriff Staley told USA TODAY Friday afternoon.

"This guy that preyed upon their daughter was released on bond, and we had stopped him that night and got him with her," he said. "That bond would have been revoked. He would have never got out of jail. None of the bond companies would have let him out. We wouldn't let him out."

She said her family thought Fosler had taken their daughter to kill her. Her daughter is a victim, and her family has a long road to recovery ahead of them, she said.

“We absolutely called 911 during the entire event,” she wrote. “We had no idea this man was in contact with our child again. He was waiting 6-9 felonies for what he did, not 2. He was looking at the rest of his pathetic life in jail, and our daughter was the only witness.”

“Some things we will never know, but we know that the police department afforded this predator privacy they did not give our family,” she wrote. “I’m deeply offended by the way this was handled by the county sheriff's office.”

'I absolutely do not support predators'

Sheriff Staley told USA TODAY Friday afternoon that he knows the girl's mother is hurt and scared.

"I absolutely do not support predators," he said. "I'm a daddy. I have three daughters. I know she's hurt right now, but there's absolutely nobody I would put ahead of our children, their children, my children."

He said his investigators are trying to figure out what happened that day leading to the man's death.

"When we get on scene and there's a homicide, it means one person took the life of another," Staley said. "It's either justified or not justified. That's what the fact finding, that's what the investigation is going to find out."

The murder charge against the shooter and girl's father, is a preliminary charge but it's not official, Staley said.

Fundraiser for legal funds was removed by GoFundMe

The girl's mother also claimed that GoFundMe, the platform they were using to collect money for legal purposes, was returning funds to donors and eventually said the fundraiser had been closed altogether. Instead, she is collecting money on Venmo and Cash App.

A GoFundMe spokesperson told USA TODAY Friday afternoon that GoFundMe's Terms of Service prohibit fundraisers that raise money for the legal defense of anyone formally charged with "an alleged violent crime."

"Consistent with this long-standing policy, the fundraiser has been removed from our platform and donations have been refunded," the fundraising platform said in its statement.

On Thursday morning, the woman thanked community members. She also thanked the other victims who reached out to her with claims that the same man attacked them.

“We have gotten a clear picture of a predator who continuously worked with children and preyed on young girls,” The woman wrote. “This man was Chief of police in Indiana and resource officer, giving us a better idea of why the Lonoke county courts have been protecting him and going after my husband.”

She said the Lonoke County Sheriff's Office's actions are proof that the sheriff "supports predators" and that he will prosecute those who are trying to protect their families.

"My husband is a hero and we are so thankful to have him home with us for now," The woman wrote Thursday morning. "We want to do everything possible to ensure he can continue to be here to protect us."

In a final post on Friday morning, she shared that she is overwhelmed by the support community members have shown their family. Her family plans to open a bank account to raise funds as well.

“Donations are wonderful and needed but despite the legal fight this has been the most traumatic event of our families life, all of us, so please just keep us in your prayers and add us to your prayer chains,” The woman wrote.

'I don't file charges': Sheriff says investigation is underway

The sheriff stressed that he doesn't have the authority some people think he does.

"I don't file charges," he said, adding that the prosecuting attorney handles that. "We're in consultation with the prosecuting attorney about what to do in this preliminary stage. All my deputies and investigators knew at that time is there's a deceased man, a 14-year-old that was in the truck with him, and a dad saying 'Hey, I stopped him for this.'"

Sheriff Staley said investigators were interviewing people Friday and have been all week to get the facts.

"We're going to get this wrapped up as expeditiously as we can, and get the file faxed and over to the prosecutor so he can make an informed decision," Staley said.

[sideblog-delete-later]

Let's talk about the doc. I'm going to share the notes I've made as I read through it. (just in case disclaimer that Alex said that he uses any pronouns so sometimes in this I refer to Alex with she/her and sometimes he/him)

Okay I'm reading the doc and the part I'm currently reading talks about Alex' gender identity and the screenshots provided are just... Alex talking about being confused about her gender identity, and there doesn't seem to be anything wrong with that? This feels kinda transphobic. The perceived problem is Alex being parasocial, not Alex being trans

"Before Alex left Server B, he publicly explained that Amelia was a joke after a member expressed they were uncomfortable that Alex shared their dead name. People who were supportive of the change would feel weird about this." WHAT

I don't blame Alex for backtracking on the new name after SOMEONE SAID THAT THEY'RE UNCOMFORTABLE WITH IT.

Like I understand that seeing your dead name can be uncomfortable but it's not like Alex wanted to upset them. Alex was (presumably) just experimenting with going by a name she liked.

Even if Alex is a bad person, can we not be transphobic against her?

So far, the way the doc is worded makes me think that stirringjuice wants people to think that Alex talking about her gender is a part of the reason why we should dislike her.

Compare "I decided to release some information into this server because I was tired of hiding everything. These were my friends as well. From the beginning, we planned to release this publicly..." to "Originally, I decided against talking about my side of the story especially when I promised to keep quiet, however, I feel like it is necessary to understand the context. I and several others have noticed this behavior pattern that Alex exhibits. This was dealt with in private many times before coming to a conclusion."

It comes off as Ven trying to make people think that the 16 year old mentioned is DB. The "this was sent to a 16-year old" is squeezed conveniently between Ven talking about DB. And then, after the doc is released and people assume (logically) that the 16 yo mentioned must be DB, Ven basically says "btw DB is an adult and I don't know why anyone would assume that they're the 16 yo mentioned".

"I do not want my name to be associated with this situation and all other names will be censored (the victims are allowed to come forward if they wish to). I understand it will be impossible to hide and that’s why, afterward, I will be leaving my accounts associated with this name" and then Ven went on to post many more messages on his Twitter and some on Tumblr (some of which he later deleted)

I've also noticed that there's emotionally manipulative language used throughout the document meant to evoke a strong emotion and make the reader feel sorry for Ven.

The annotated document I saw (a reblog of it can be found on this blog) sums everything up perfectly.

"He understands power dynamics" except for all those times Ven said that he didn't

"A quote from DB’s father, who is a lawyer consultant" it's a quote from justia dot com

Also why did Ven censor his username and profile picture in some of the screenshots, even though it's not censored in other ones? (this includes censoring his face, why would he censor Alex's face when we all know what Alex looks like?)

[opencharacters]

Are there any laws agains working on a project with a character not yet in public domain then releasing said project after character becomes free to use?

///

I've been looking around for copyrights and trademarks about a certain character but they just don't appear on justia Are there any other sites allowing for us to check character copyrights or does character not appearing in searches there leave us kinda in the dark?

Btw thank you sm for having this blog I learned alot from it and got to see so many fascinating characters thanks to you! I've been working on a little project that uses PD characters and without your blog i think i would have chickened out of it by now once again thank you sm ❤️

not at all. plenty of people had Great Gatsby books ready to go for when it became public domain. copyright only matters when you publish it, not when its on your computer.

also if a character isnt in justia then its not trademarked. as for copyright, copyright is like a default thing that only expires 95 years after creation, unless created after 1978 which then follows a life of creator + 70 years rule.

also you're welcome, happy to share the gospel of public domain. i think its only a good thing that serves the people and enables creativity. without public domain, disney wouldnt have been able to build the empire it has now, which makes it kind of cruel that they push hard for copyright.

[reality-detective]

Patent numbers and what they are for 🤔

[mildly-amused-cheese]

ok so REALLY WEIRD DELTARUNE THING I FOUND OUT

so, i forgot where i found this, but theres this company. royal sciences LLC. they published undertale and deltarune.. if you go to open corporates ( a site to transmit information around corporations to battle corruption) you can see the company right there! if you go to justia trademarks it also says they published undertale. now in royal sciences LLC there is this guy who is called nathan r deleault.. who was removed? and toby fox worked there and he was also removed. (by removed i mean they were fired/quit/ stopped working at the company ) also royal sciences sounds like royal scientist. GASTER CORPORATION!?!?1/?!1//!?

[jelly-drop-buttons]

hello homestuck fandom

(click for better quality)

[power-chords]

Oh you fucking SCHMUCK [affectionate]. Remember when I unearthed that court case involving Mann's father's liquor/grocery store and the major distillery who had previously pleaded nolo contendere on coercion charges leveled by the federal government? No longer shows up on a Google search. Which means somebody contacted Justia, Casetext, etc to request that they be blocked from appearing as search engine hits. I'm not pointing fingers or anything, but the timing is awfully apt.

[justia]

Death Penalty States Beware: Nitrogen Hypoxia Is Not the Solution to America’s Long History of Inhumane Executions

10 MAY 2024 | AUSTIN SARAT

On May 8, Alabama’s Republican Governor Kay Ivey set a date for the state’s second execution by nitrogen hypoxia. Her office announced that Alan Eugene Miller would be put to death sometime within thirty hours after 12:00 a.m. on Thursday, September 26, 2024.

The governor’s action followed a decision by the Alabama Supreme Court granting the state attorney general’s request for permission to set Miller’s execution date. Miller was convicted and sentenced to death in July 2000 for killing three men in a workplace shooting.

If Alabama goes forward with its plan, it will be Miller’s second trip to the execution chamber. His first trip, in September 2022, produced a gruesome spectacle.

Read More Here

[elfwreck]

The word of the day is "Valancourt"

I need to flail about copyright law, and a DC Circuit Court decision that happened, err, yesterday:

Valancourt Books, LLC v. Merrick Garland, No. 21-5203 (D.C. Cir. 2023)

(You can google it. The Justia link has the full PDF.)

The ultra-short, tl;dr: Publishers don't have to submit 2 copies of their books to the Library of Congress anymore.

More details: Valancourt is an indie book publisher who skipped the "send two copies to the Library of Congress" part of copyright registration, in part because many of their works were public domain reprints, and in part because, well, they're a tiny indie publisher operating on a shoestring budget

I don't know how the LoC happened to notice them (certainly the vast majority of published works are NOT sent to the LoC, even if we leave out the digital works), but they did, and ordered them to send 2 copies of each of their works or face a hefty (for a small publisher) fine.

Valancourt fought back, claiming that, among other problems, the law (17 U.S. Code § 407 - Deposit of copies or phonorecords for Library of Congress) violates the 5th Amendment - it demands property of citizens without compensation.

Two lower courts sided with the gov't, saying that the benefits of copyright are extensive.

The DC Circuit court disagreed (emphasis added):

In urging us to view mandatory deposit as part of a voluntary exchange, the government cites the many benefits that copyright confers upon authors. But authors obtain those benefits upon fixation, and mandatory deposit grants no additional benefits. Tellingly, the government cannot point to a single incremental benefit that copyright owners receive for depositing works pursuant to Section 407. That provision then cannot represent a voluntary exchange for a benefit—there is no benefit at all.

Originally, depositing copies was a requirement of copyright registration - no copies, no copyright protection. Simple. Even had a practical purpose: in cases of infringement, the gov't had a copy of the original work to haul out to compare.

But the Copyright Act of 1976 threw that out - works were copyrighted "upon fixation of a work in a tangible medium," no registration required, not even the little © symbol.

Registration is required to pursue infringement claims. But. "The Act also removed loss of copyright as a sanction for failure to deposit." The 1976 Copyright Act was designed to say EVERYTHING IS COPYRIGHTED NO MATTER WHAT and not require anyone [companies] to do anything to secure those rights.

...It's been nearly 50 years since depositing 2 copies has given any benefit to publishers, but of course, they keep doing it, because the penalty for not doing so is heavy government fines.

Until someone (Valancourt) successfully argued that "requiring property without compensation" is a violation of our 5th amendment rights.

[mysticmonkiebusiness]

In December of 2019, this logo was uploaded to Justia Trademarks.

Something seems off...

[stressedlawsecretary]

Today's Focus

06.25.24 - Today is going to be the hottest day this week so I picked one of my favorite and comfy dresses; the sweater is for the freezing AC in the office. I look cute, but I had a shit morning so I ended up forgetting the exact clip I wanted to go with this. Well, if that's the only thing that gets totally fucked up today (besides the coffee machine - the bane of my a.m.) I'm going to count myself lucky.

Work - Everyone is downstate and it feels really quiet and other than the fact that I got a new case in late yesterday to put in NYM and create a physical file for...I got nothing lol.

Background Noise - I am at the office so I'm continuing to do YT stuffs as background noise.

I had two goals yesterday, and I hit the first one with 27 total videos watched. I don't feel like it made a dent though, because I realized I was missing context for something and added more. However! My goals for today are much lower than they were yesterday so I'm going to say I must have made some progress.

Study - Tuesday is article day and I'm hoping it's quiet and slow and I can just read a bunch.

Yesterday was pretty productive on this front. There were seven press releases that came in on Friday that I read, another six random articles, the Wikipedia page for Albermarle Paper Co. v. Moody as well as started reading the decision on Justia, and I finished the letter from the coalition of attorneys general to the Department of Education regarding student loan forgiveness for defrauded ITT students.

Extras - Tuesday is free this week; I cleaned the bathroom last week and so I wait until next week to do that again. I am still cooking - cowboy steaks with mashed potatoes and ranch broccoli; tomorrow's going to be the weird day with dinner. I'm continuing with Kamen Rider Build tonight, hopefully another episode of The Tick, plus another Whose Line episode; I'll probably do YT with hunny in between some of those. Really depends on how many episodes of Build we do. The mini-essay was quickly posted, and tomorrow's is all ready to go; I'll probably work on Thursday's as well because I'm losing time tomorrow.