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Education

Supreme Court Upholds Michigan's Ban On Affirmative Action In College Admissions 31

Posted by Soulskill
from the sensitive-subjects dept.
Hugh Pickens DOT Com writes: "The Supreme Court, by a vote of 6 — 2, has upheld a Michigan law banning the use of racial criteria in college admissions, finding that a lower court did not have the authority to set aside the measure approved in a 2006 referendum supported by 58% of voters. 'This case is not about how the debate about racial preferences should be resolved. It is about who may resolve it,' wrote Justice Anthony Kennedy. 'Michigan voters used the initiative system to bypass public officials who were deemed not responsive to the concerns of a majority of the voters with respect to a policy of granting race-based preferences that raises difficult and delicate issues.' Kennedy's core opinion in the Michigan case seems to exalt referenda as a kind of direct democracy that the courts should be particularly reluctant to disturb. This might be a problem for same-sex marriage opponents if a future Supreme Court challenge involves a state law or constitutional amendment enacted by voters.

Justice Sonia Sotomayor reacted sharply in disagreeing with the decision in a 58 page dissent. 'For members of historically marginalized groups, which rely on the federal courts to protect their constitutional rights, the decision can hardly bolster hope for a vision of democracy (PDF) that preserves for all the right to participate meaningfully and equally in self-government.' The decision was the latest step in a legal and political battle over whether state colleges can use race and gender as a factor in choosing what students to admit. Michigan has said minority enrollment at its flagship university, the University of Michigan, has not gone down since the measure was passed. Civil rights groups dispute those figures and say other states have seen fewer African-American and Hispanic students attending highly competitive schools, especially in graduate level fields like law, medicine, and science."
United States

Administration Ordered To Divulge Legal Basis For Killing Americans With Drones 300

Posted by samzenpus
from the reason-time dept.
An anonymous reader writes "In a claim brought by The New York Times and the ACLU, the Second US Circuit Court of Appeals has ruled that the administration must disclose the legal basis for targeting Americans with drones. From the article: 'Government officials from Obama on down have publicly commented on the program, but they claimed the Office of Legal Counsel's memo outlining the legal rationale about it was a national security secret. The appeals court, however, said on Monday that officials' comments about overseas drone attacks means the government has waived its secrecy argument. "After senior Government officials have assured the public that targeted killings are 'lawful' and that OLC advice 'establishes the legal boundaries within which we can operate,'" the appeals court said, "waiver of secrecy and privilege as to the legal analysis in the Memorandum has occurred" (PDF).'"
The Courts

General Mills Retracts "No Right to Sue" EULA Clause 87

Posted by timothy
from the such-ungrateful-customers dept.
Just a few days after General Mills changed its policies to declare that people who so much as "liked" their page on Facebook thereby waived their right to sue the company in favor of arbitration, the company has reversed itself: "The announcement resulted in huge backlash on social media, as well as from consumer groups. Legal experts expressed doubts it could ever be enforced. Hamline Law Professor David Schultz appeared on WCCO Sunday Morning. “When I first saw this earlier this week I said this is questionable at best from a legal point of view,” he said. “From a marketing point of view, it’s a dumb idea, too, but legally it didn’t rest on very sound grounds so it’s not a surprise that they are reversing it. The lawyers at General Mills should have known better.”
Government

Obama Delays Decision On Keystone Pipeline Yet Again 199

Posted by timothy
from the you-can't-divorce-politics-from-government dept.
Hugh Pickens DOT Com (2995471) writes "The Christian Science Monitor reports that once again, the Obama administration has pushed back a final decision on the controversial Keystone XL pipeline possibly delaying the final determination until after the November midterm elections. In announcing the delay, the State Department cited a Nebraska Supreme Court case that could affect the route of the pipeline that may not be decided until next year, as well as additional time needed to review 2.5 million public comments on the project. Both supporters and opponents of the pipeline criticized the delay as a political ploy. Democratic incumbents from oil-rich states have urged President Obama to approve the pipeline but approving the pipeline before the election could staunch the flow of money from liberal donors and fund-raisers who oppose the project. The Senate Republican leader, Mitch McConnell said in a statement that "at a time of high unemployment in the Obama economy, it's a shame that the administration has delayed the construction of the Keystone XL pipeline for years." Activists say its construction could devastate the environment, but several State Department reviews have concluded that the pipeline would be safe and was unlikely to significantly increase the rate of carbon pollution in the atmosphere. Even if the pipeline was canceled, it said, the oil sands crude was likely to be extracted and brought to market by other means, such as rail, and then processed and burned."
Crime

New 'Google' For the Dark Web Makes Buying Dope and Guns Easy 155

Posted by timothy
from the and-you'd-trust-this-because dept.
First time accepted submitter turkeydance (1266624) writes "The dark web just got a little less dark with the launch of a new search engine that lets you easily find illicit drugs and other contraband online. Grams, which launched last week and is patterned after Google, is accessible only through the Tor anonymizing browser (the address for Grams is: grams7enufi7jmdl.onion) but fills a niche for anyone seeking quick access to sites selling drugs, guns, stolen credit card numbers, counterfeit cash and fake IDs — sites that previously only could be found by users who knew the exact URL for the site."
Earth

VA Supreme Court: Michael Mann Needn't Turn Over All His Email 348

Posted by Soulskill
from the what-did-you-have-for-lunch-when-you-wrote-those-papers dept.
RoccamOccam sends news that the Virginia Supreme Court has ruled that Michael Mann, a climate scientist notable for his work on the "hockey stick" graph, does not have to turn over the entirety of his papers and emails under Freedom of Information laws. Roughly 1,000 documents were turned over in response to the request, but another 12,000 remain, which lawyers for the University of Virginia say are "of a proprietary nature," and thus entitled to an exemption. The VA Supreme Court ruled (PDF), "the higher education research exemption's desired effect is to avoid competitive harm not limited to financial matters," and said the application of "proprietary" was correct in this case. Mann said he hopes the ruling "can serve as a precedent in other states confronting this same assault on public universities and their faculty."
The Courts

Oracle Deflects Blame For Troubled Oregon Health Care Site 161

Posted by samzenpus
from the who's-to-blame dept.
itwbennett (1594911) writes "Oracle is gearing up for a fight with officials in Oregon over its role developing an expensive health insurance exchange website that still isn't fully operational. In a letter obtained by the Oregonian newspaper this week, Oracle co-president Safra Catz said that Oregon officials have provided the public with a 'false narrative' concerning who is to blame for Cover Oregon's woes. In the letter, Catz pointed out that Oregon's decision to act as their own systems integrator on the project, using Oracle consultants on a time-and-materials basis, was 'criticized frequently by many'. And as far as Oracle is concerned, 'Cover Oregon lacked the skills, knowledge or ability to be successful as the systems integrator on an undertaking of this scope and complexity,' she added."
Social Networks

Click Like? You May Have Given Up the Right To Sue 216

Posted by timothy
from the sue-you-sue-anybody dept.
sandbagger (654585) writes "The New York Times reports that General Mills, the maker of cereals like Cheerios and Chex as well as brands like Bisquick and Betty Crocker, has quietly added language to its website to alert consumers that they give up their right to sue the company if they download coupons, or 'join' it in social media communities. Who'd have imagined that clicking like requires a EULA?"
Piracy

5-Year Suspended Sentence For S. Africa's First Online Pirate 45

Posted by timothy
from the comparative-justice dept.
An anonymous reader writes "South Africa's first prosecution for online piracy was concluded this morning, with a five-year, wholly suspended sentence handed down to a filesharer who uploaded local movie Four Corners to The Pirate Bay. The man — who lost his job recently — said he's relieved by the verdict, which was the result of a plea bargain. Director Ian Gabriel, who made the film, recently said he was 'philosophical' about piracy."
The Courts

Lavabit Loses Contempt Appeal 128

Posted by Unknown Lamer
from the don't-leave-your-lawyer-at-home dept.
After being forced to turn over encryption keys (being held in contempt of court for several weeks after initially refusing to comply), secure mail provider Lavabit halted all operations last year. With the assistance of the EFF, an appeal was mounted. Today, the appeals court affirmed the district court decision and rejected the appeal. From Techdirt: "The ruling does a decent job explaining the history of the case, which also details some of the (many, many) procedural mistakes that Lavabit made along the way, which made it a lot less likely it would succeed here. ... The procedural oddities effectively preclude the court even bothering with the much bigger and important question of whether or not a basic pen register demand requires a company to give up its private keys. The hail mary attempt in the case was to argue that because the underlying issues are of 'immense public concern' (and they are) that the court should ignore the procedural mistakes. The court flatly rejects that notion: 'exhuming forfeited arguments when they involve matters of “public concern” would present practical difficulties. For one thing, identifying cases of a “public concern” and “non-public concern” –- divorced from any other consideration –- is a tricky task governed by no objective standards..... For another thing, if an issue is of public concern, that concern is likely more reason to avoid deciding it from a less-than-fully litigated record....'"
United States

Retired SCOTUS Justice Wants To 'Fix' the Second Amendment 1608

Posted by Unknown Lamer
from the invest-in-crossbows dept.
CanHasDIY (1672858) writes "In his yet-to-be-released book, Six Amendments: How and Why We Should Change the Constitution, John Paul Stevens, who served as an associate justice of the Supreme Court for 35 years, believes he has the key to stopping the seeming recent spate of mass killings — amend the Constitution to exclude private citizens from armament ownership. Specifically, he recommends adding 5 words to the 2nd Amendment, so that it would read as follows: 'A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms when serving in the Militia shall not be infringed.'

What I find interesting is how Stevens maintains that the Amendment only protects armament ownership for those actively serving in a state or federal military unit, in spite of the fact that the Amendment specifically names 'the People' as a benefactor (just like the First, Fourth, Ninth, and Tenth) and of course, ignoring the traditional definition of the term militia. I'm personally curious about his other 5 suggested changes, but I guess we'll have to wait until the end of April to find out."
Bitcoin

Mt. Gox Ordered Into Liquidation 44

Posted by Unknown Lamer
from the even-the-pretend-assets dept.
An anonymous reader writes "The Japanese edition of The Wall Streeet Journal reports that Mt. Gox has filed for liquidation under Japanese bankruptcy law (link to article in Japanese, U.S. version may be paywalled). The article cites a 'related party' as saying that Mt. Gox was unable to work out how to deal with creditors spread out all over the globe, nor design a realistic rebuilding plan. The article adds a comment from the company lawyer: Mark Karpeles will not be attending the bankruptcy court hearing in the United States scheduled for April 17th." The announcement from Mt. Gox's lawyer.
Education

Student Records Kids Who Bully Him, Then Gets Threatened With Wiretapping Charge 796

Posted by Soulskill
from the it-takes-real-effort-to-be-this-wrong dept.
An anonymous reader tips news of an incident in a Pennsylvania high school in which a student, Christian Stanfield, was being bullied on a regular basis. He used a tablet to make an audio recording of the bullies for the purpose of showing his mother how bad it was. She was shocked, and she called school officials to tell them what was going on. The officials brought in a police lieutenant — but not to deal with the bullies. Instead, the officer interrogated Stanfield and made him delete the recording. The officer then threatened to charge him with felony wiretapping. The charges were later reduced to disorderly conduct, and Stanfield was forced to testify before a magistrate, who found him guilty. Stanfield's mother said, "Christian's willingness to advocate in a non-violent manner should be championed as a turning point. If Mr. Milburn and the South Fayette school district really want to do the right thing, they would recognized that their zero-tolerance policies and overemphasis on academics and athletics have practically eliminated social and emotional functioning from school culture."

Update: 04/17 04:36 GMT by T : The attention this case has gotten may have something to do with the later-announced decision by the Allegheny County District Attorney's office to withdraw the charges against Stanfield.
The Courts

Wi-Fi Problems Dog Apple-Samsung Trial 80

Posted by timothy
from the it's-the-little-things dept.
alphadogg (971356) writes "There's a new sign on the door to Courtroom 5 at the federal courthouse in San Jose, the home to the Apple v. Samsung battle that's playing out this month: 'Please turn off all cell phones.' For a trial that centers on smartphones and the technology they use, it's more than a little ironic. The entire case might not even be taking place if the market wasn't so big and important, but the constant need for connectivity of everyone is causing problems in the court, hence the new sign. The problems have centered on the system that displays the court reporter's real-time transcription onto monitors on the desks of Judge Lucy Koh, the presiding judge in the case, and the lawyers of Apple and Samsung. The system, it seems, is connected via Wi-Fi and that connection keeps failing."
China

Chinese Man On Trial For Spreading False Rumors Online 53

Posted by Soulskill
from the rumors-on-the-internet-surely-you-jest dept.
hackingbear writes: "Qin Zhihui, a user of the Chinese Twitter-like website Weibo, has confessed in court to spreading false rumors about the Chinese government in the first public trial under a Chinese crackdown on online rumors. China has threatened criminal penalties against anyone who spreads rumors on microblogs that are reposted more than 500 times, or seen by more than 5,000 users. Qin invented a story that the government gave 200m yuan (US$32m) in compensation to the family of a foreign passenger killed in a high-speed train crash in 2011 in order to incite hatred to the government which gave much lower compensation to Chinese nationals. The Chinese government did have policies in the past to give more compensations to foreigners than locals in disasters, though those policies have been phased out in recent years. Online rumours are particularly pervasive in China, where traditional media is heavily regulated by the government and public trust in the media is low."
The Courts

'weev' Conviction Vacated 148

Posted by Soulskill
from the finally-drew-the-get-out-of-jail-free-card dept.
An anonymous reader writes "A few years back, Andrew 'weev' Auernheimer went public with a security vulnerability that made the personal information of 140,000 iPad owners available on AT&T's website. He was later sentenced to 41 months in prison for violating the Computer Fraud and Abuse Act (or because the government didn't understand his actions, depending on your viewpoint). Now, the Third U.S. District Court of Appeals has vacated weev's conviction. Oddly, the reason for the ruling was not based on the merits of the case, but on the venue in which he was tried (PDF). From the ruling: 'Although this appeal raises a number of complex and novel issues that are of great public importance in our increasingly interconnected age, we find it necessary to reach only one that has been fundamental since our country's founding: venue. The proper place of colonial trials was so important to the founding generation that it was listed as a grievance in the Declaration of Independence.'"
Government

Canada Introduces Privacy Reforms That Encourage Warrantless Disclosure of Info 99

Posted by samzenpus
from the what-do-you-want-to-know? dept.
An anonymous reader writes "Earlier this week, the government introduced the Digital Privacy Act (Bill S-4), the latest attempt to update Canada's private sector privacy law. Michael Geist reports that the bill includes a provision that could massively expand warrantless disclosure of personal information. Organizations will be permitted to disclose personal information without consent (and without a court order) to any organization that is investigating a contractual breach or possible violation of any law. This applies both past breaches or violations as well as potential future violations. Moreover, the disclosure occurs in secret without the knowledge of the affected person (who therefore cannot challenge the disclosure since they are not aware it is happening). Consider it a gift to copyright trolls, who won't need the courts to obtain information on thousands of Internet users."
Businesses

MA Gov. Wants To Ban Non-Competes; Will It Matter? 97

Posted by timothy
from the conscionable-vs.-unconscionable dept.
curtwoodward (2147628) writes "Entrepreneurs in Massachusetts say the state's legal enforcement of non-competition agreements hurts innovation — if you're going to get sued by Big Company X, you're probably not going to leave for a startup in the same industry. But those contracts have powerful supporters, including EMC, which is by far the state's largest tech company. Gov. Deval Patrick is finally picking a side in the debate by introducing his own bill to outlaw non-competes and adopt trade-secrets protections instead. Just one catch: he's a lame duck, and will be out of office in January."
Communications

New French Law Prohibits After-Hours Work Emails 477

Posted by timothy
from the annual-non-performance-review dept.
Hugh Pickens DOT Com (2995471) writes "Lucy Mangan reports at The Guardian that a new labor agreement in France means that employees must ignore their bosses' work emails once they are out of the office and relaxing at home – even on their smartphones. Under the deal, which affects a million employees in the technology and consultancy sectors (including the French arms of Google, Facebook, and Deloitte), employees will also have to resist the temptation to look at work-related material on their computers or smartphones – or any other kind of malevolent intrusion into the time they have been nationally mandated to spend on whatever the French call la dolce vita. "We must also measure digital working time," says Michel De La Force, chairman of the General Confederation of Managers. "We can admit extra work in exceptional circumstances but we must always come back to what is normal, which is to unplug, to stop being permanently at work." However critics say it will impose further red tape on French businesses, which already face some of the world's tightest labor laws." (Continues)
Crime

Hewlett-Packard Admits To International Bribery and Money Laundering Schemes 139

Posted by samzenpus
from the was-that-wrong? dept.
First time accepted submitter CP (1315157) writes "Hewlett-Packard has admitted to [bribery and money laundering] in order to profiteer off of lucrative government contracts in Russia, Poland, and Mexico, according to court documents. HP's guilty plea carries with it a $108 million penalty — a combination of SEC penalties, as well as criminal fines and forfeitures paid out to the Department of Justice. Thus far no criminal charges have been brought against American HP executives. The multi-agency investigation, which was conducted by multi-national law enforcement partners, the FBI, IRS, and SEC, has revealed kleptocracies in the three foreign governments and corruption and dishonesty among HP corporate fat cats."

Whenever people agree with me, I always think I must be wrong. - Oscar Wilde

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