Intermarkets' Privacy Policy
Support


Donate to Ace of Spades HQ!





Recent Entries
Two Anti-Dem Ads | Main | NC Governor Turns to "King of the Hill" Fans For Polling
June 27, 2005

Supreme Court Rules Against Grokster

Another nail in the well-secured coffin for file-sharing.

I haven't, ummm, "shared" files since they shut down Napster. What a wonderful, felonious time that was.

Also more SC decisions: Ten Commandments on courthouse wall in Kentucky ruled unconstantional, as religiously motivated; but no problem with a monument containing the Ten Commandments by the statehouse in Austin, Texas.

The Supreme Court seems to be slicing the baloney sort of thin.

I blame Sandra Day O'Connor, personally. Not sure if her previous decisions were referenced (though they probably were), but her whole style of decision making-- or rather decision-delaying-- causes a great deal of confusion. And litigation.

Scalia always had a strong preference for bright-line rules. Bright line rules had the wonderful benefit of letting people actually know what the law was, is, and will be. This not only informed people, it reduced litigation, because a Scalia-authored decision would tend to let any future litigants know if they'd win or lose a case. So they wouldn't bother going to court at all. Both sides (usually) could tell who would prevail.

Isn't it nice to know what the law is?

Sandy, on the other hand, could very rarely lower herself to joining a black-and-white decisions, particularly on hot-button issues. And, being a swing vote, you'd need to enlist her to have your side win, and that seems to often come at the expense of making the law into dogfood.

She almost always favors "balancing tests" in which a litany of "factors" to be considered would be enumerated. Sometimes there'd be like ten such factors, and she wouldn't make it clear even as to what priority they'd be considered.

So in any future litigation, you'd have her precious laundry list of "factors" to be "balanced" splitting 6-4 or even 5-5 between parties, a lot of them arguably going either way anyhow, and no one would know who would prevail in a lawsuit, until actually suing.

And even then you wouldn't know, because the lower court could see the factors balancing one way and an appeals court another way and really you wouldn't know the law until Sandy had a chance to check each lawsuit personally on the Supreme Court.

Lawyers must love her. She's a cash cow. With people never knowing what the law actually it, it creates a lot of lawsuits.


digg this
posted by Ace at 12:08 PM

| Access Comments




Recent Comments
pep: "[i]Jindal has ZERO chance, especially considering ..."

random EPA employee: ">>>Are there any questions? Posted by: ..."

Bob Belcher: "Posted by: Bossy Conservative riding the comfy cha ..."

stace , Queen of Typos : " If a rancher would prefer to let a column of MS-1 ..."

pep: "[i]You can't put a real border check at each of th ..."

Chavez the Hugo: "209 Sam would be a perfect fit in San Fran. Much m ..."

TangoNine (Who the Hell is Mushy Snugglepants?): "Speaking for all members of the EPA, and I mean ..."

keena: "Found bagram bugs in my yard today!  Everythi ..."

Lincolntf : "San Fran just lost a starting linebacker for the f ..."

Chavez the Hugo: "Yeah Gina, why don't you go fuck yourself? And die ..."

toby928(C): "20-17 Bama at the turn. ..."

Gina McCarthy, EPA Administrator: "Speaking for all members of the EPA, and I mean ev ..."

Recent Entries
Search


MuNuvians
Polls! Polls! Polls!
Frequently Asked Questions
The (Almost) Complete Paul Anka Integrity Kick
Top Top Tens
Greatest Hitjobs

The Ace of Spades HQ Sex-for-Money Skankathon
A D&D Guide to the Democratic Candidates
Margaret Cho: Just Not Funny
More Margaret Cho Abuse
Margaret Cho: Still Not Funny
Iraqi Prisoner Claims He Was Raped... By Woman
Wonkette Announces "Morning Zoo" Format
John Kerry's "Plan" Causes Surrender of Moqtada al-Sadr's Militia
World Muslim Leaders Apologize for Nick Berg's Beheading
Michael Moore Goes on Lunchtime Manhattan Death-Spree
Milestone: Oliver Willis Posts 400th "Fake News Article" Referencing Britney Spears
Liberal Economists Rue a "New Decade of Greed"
Artificial Insouciance: Maureen Dowd's Word Processor Revolts Against Her Numbing Imbecility
Intelligence Officials Eye Blogs for Tips
They Done Found Us Out, Cletus: Intrepid Internet Detective Figures Out Our Master Plan
Shock: Josh Marshall Almost Mentions Sarin Discovery in Iraq
Leather-Clad Biker Freaks Terrorize Australian Town
When Clinton Was President, Torture Was Cool
What Wonkette Means When She Explains What Tina Brown Means
Wonkette's Stand-Up Act
Wankette HQ Gay-Rumors Du Jour
Here's What's Bugging Me: Goose and Slider
My Own Micah Wright Style Confession of Dishonesty
Outraged "Conservatives" React to the FMA
An On-Line Impression of Dennis Miller Having Sex with a Kodiak Bear
The Story the Rightwing Media Refuses to Report!
Our Lunch with David "Glengarry Glen Ross" Mamet
The House of Love: Paul Krugman
A Michael Moore Mystery (TM)
The Dowd-O-Matic!
Liberal Consistency and Other Myths
Kepler's Laws of Liberal Media Bias
John Kerry-- The Splunge! Candidate
"Divisive" Politics & "Attacks on Patriotism" (very long)
The Donkey ("The Raven" parody)
News/Chat
Archives
Powered by
Movable Type 2.64