Colorado - Protects Free Speech Right to Anonymity - Bookseller not subject to subpoena in criminal case.
The police tried to make their case by subpoening the criminal defendant's book purchase records from a bookstore. The decision held that bookstores must be given two protections not usually accorded to the targets of search warrants. First, state courts may not issue a warrant without giving the bookstore a hearing beforehand. Second, prosecutors must show a compelling need for the customer records. The decision doesn't hold that booksellers can never be subpoeaned, but rather that that should happen only as a last resort. [National Law Journal]
That's how I learned how to add a search function (by Atomz). Thanks Scott, and Dave for giving me the lead.
11:33:27 PM
Mathematician creates unique design & then sues toilet paper manufacturer for copyright infringement
"In a unique accusation of copyright infringement, distinguished mathematical physicist Sir Roger Penrose has filed a lawsuit over the decorative design on a brand of toilet paper... Penrose is taking legal action against Kimberly-Clark Ltd., the British division of the Dallas-based Kleenex corporate empire." [Story Link] [via Cory]
7:47:22 PM
Lawyer who will argue in favor of Copyright Extension speaks his mind
When the Supreme Court hears argument in the Eldred case next term Morton Goldberg will defend the constitutionality of the so-called "Sonny Bono Copyright Extension Act," which extended the terms of copyright by 20 years. Critics complain that it harms the public by ignoring the importance of the public domain, and that it is unconstitutional because the Constitution says that copyrights shall be for "limited times," and the term cannot keep on being extended indefinitely. Morton disagrees. He is a Past-Chair of the ABA Section on Intellectual Property, and recently urged the ABA to support a "friend of the court" brief, which apparently the ABA refused to do. According to the interview in Salon article he and his firm represent members of the record industry, publishing houses and Hollywood studios. I'm pretty sure that Larry Lessig is going to argue against him.
6:04:09 PM
Today is a sad day for me, but not because of taxes...
It was almost ten years ago that Michaelle Wynne was hit by a drunk driver while riding her bicycle. Magistrate Wynne was a federal magistrate in the Eastern District of Louisiana, and I got to know her while I was clerking there in the mid-eighties. She was serious and playful, and she cared deeply about teaching young lawyers how to practice law. She was serious about ethics and she had a strong moral compass, but at the same time she was down-to-earth and able to relate to people on a direct level. In fact, she was the person that gave me the name "Ernie the Attorney."
She died about a week after she went into the coma, and when the services were held for her at St. Dominic Church there wasn't enough room for all of the people. She did a lot of good things, and touched a lot of lives in New Orleans, and she is greatly missed even today. I know I miss her....
4:27:46 PM
Retirement on the US Supreme Court?
Rumored to be contemplating stepping down are Chief Justice William H. Rehnquist and Justices Sandra Day O'Connor and John Paul Stevens. In recent times, several justices have announced retirement the early spring. [Findlaw] For biography information on the Justices of the nation's high court click here.
The plaintiff sued Ford Motor Co. on a products liability theory, alleging that she didn't lose control of her Ford Escort because of the distraction of the blowing paper, but because the suspension broke as she veered to the edge of the road. The jury didn't agree. [National Law Journal]
