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United States v. Dougherty was a 1972 decision by the United States Court of Appeals for the District of Columbia in which the court ruled that members of the D.C. Nine, who had broken into Dow Chemical Company, vandalized office furniture and equipment, and spilled about a bloodlike substance, were not entitled to a new trial on the basis of the judge's failing to allow a jury nullification jury instruction. The Appeals Court ruled, by a 2-1 vote: " The fact that there is widespread existence of the jury's prerogative, and approval of its existence as a "necessary counter to casehardened judges and arbitrary prosecutors," does not establish as an imperative that the jury must be informed by the judge of that power. On the contrary, it is pragmatically useful to structure instructions in such wise that the jury must feel strongly about the values involved in the case, so strongly that it must itself identify the case as establishing a call of high conscience, and must independently initiate and undertake an act in contravention of the established instructions. This requirement of independent jury conception confines the happening of the lawless jury to the occasional instance that does not violate, and viewed as an exception may even enhance, the over-all normative effect of the rule of law. An explicit instruction to a jury conveys an implied approval that runs the risk of degrading the legal structure requisite for true freedom, for an ordered liberty that protects against anarchy as well as tyranny. " Nonetheless, the defendants were given a new trial on the grounds that they had been denied their right of self-representation.[1] The Circuit Judges' assumption that jurors know about their nullification prerogative has since been brought into question by other empirical evidence.[2] According to Irwin Horowitz, "Beyond the empirical issue, lack of nullification instructions maintains a deceit. After all, juries can nullify, but they know this fact only on a so

A gripe site that incorporates a company's entire trademark into its domain is still protected under the First Amendment, a US District Judge has ruled. In the case of Career Agents Network v. careeragentsnetwork.biz, the judge said that the gripe site made no effort to bolster its own business and was noncommercial, therefore protecting it from Career Agents Network's trademark claims and cybersquatting accusations.

"The figures on Muslim rape of Western women in Europe are astounding. In Denmark and Norway, between 65% and 70% of all rapes are committed by Muslims, who as yet still less than 5% of the population. One local judge in Norway actually exonerated one rapist by accepting his defense that the victim's dress was taken by him to mean that she was egging him on. Her dress was nothing special to Norwegians, but the judge found it to be unbearably provocative to this poor Muslim immigrant. A curious argument, is it not? Even if she had been dressed a la Gisele Bundchen doing a shoot for Victoria's Secret -- and she of course was not -- rape is not an acceptable response."

One of the four men convicted in The Pirate Bay trial is seeking to have his guilty verdict thrown out after learning that the judge in the trial is a member of two pro-copyright groups, including one whose membership  includes entertainment industry representatives who argued in the case.

Justice (R) Sajjad Ali Shah Former Chief Justice of Pakistan, Justice (R) Fakhruddin G. Ibrahim Former Judge Supreme Court, Justice (R) Javaid Iqbal Former Judge Supreme Court and Justice (R) Saeed uz Zaman Siddiqui Former Chief Justice of Pakistan in Special episode of Capital Talk and discusses with Hamid Mir.

As the trial began, the judge refused to let DeChristopher's defense team inform the jury that the auction was later overturned and declared illegal. The judge also refused to let the defense team inform the jury that DeChristopher had raised the money for the initial payment and offered it to the Bureau of Land Management (BLM), which then refused to accept it.

TELL THE TRUTH OBAMA

With all due respect to Charles Dickens, it appears to be the worst of times for public and higher education in America, if not democracy itself; public schools are increasingly viewed as a business and are prized above all for customer satisfaction and efficiency, while largely judged through the narrow lens of empirical accountability measures. When not functioning as an adjunct of corporate value or a potentially lucrative for-profit investment, public schools are reduced to containment centers, holding institutions designed to largely punish young people marginalized by race and class.

Well, it turned. The police bureau is starting to crack after six weeks of Occupy Portland. And one picture, right here, crystallizes the precise moment when it happened. During a choreographed effort to pull a few dozen protesters out of the Chase bank branch outside Pioneer Square, part of today's hundreds-strong N17 day of action, Portland police officers resorted to a decidedly more muscular show of force in a clash watched by TV cameras and rush-hour commuters earlier this evening. Suddenly all the fun-the dance parties, the union songs, the peaceful arrests earlier on the Steel Bridge and at Wells Fargo-was for naught. Tromping in with mounted officers, they pushed marchers who had gathered on the sidewalks along SW Yamhill into the street-forcing them to block MAX trains, something no one was doing until the heavily armored riot squad showed up-and then poked and, for the first time, pepper-sprayed the marchers. Significantly, some of the spraying came after protesters had clearly retreated to the opposite sidewalk. (In another odd shift, there also was no federal-court-required verbal PA warning that chemical munitions would be deployed-a hallmark of every other mass police action to date.) Meanwhile, at almost the very same moment, Police Chief Mike Reese was on TV blaming Occupy Portland for his officers' inability to respond to a rape victim for three hours today. Consider that tantamount to a declaration of war. Reese's point? Officers are tired and have been too distracted to do their main jobs: responding to actual crimes. It was an attempt to spin sentiment against the movement, which seems to be attracting adherents. Even the O today said the movement is "building momentum" and said the average age of some 34 arrestees earlier today was 50-not a bunch of young, anarchists/punks/hoodlums/hippies/road warriors etc. But that might come back to haunt him, judging by a wave of outrage on Twitter and elsewhere among those who noted that it

"Q. How does your background as a constitutional law and civil rights litigator inform the way you approach research and writing as a journalist? One of the primary skills one learns as a litigator is to make one's case by beginning with first premises, establishing their truth with evidence, and then compelling the conclusions you want others to reach. That's how I try to write now. I think that if you want to make an argument, there's an obligation to lay out the premises for it, provide evidence for it, allow readers to assess the documentation for themselves. That belief probably comes from the way judges and juries need to be persuaded that an argument is true. Beyond that, I chose to litigate constitutional and civil rights cases, and to represent plaintiffs, because I wanted to use my abilities to empower those who are vulnerable and powerless and who are being mistreated by the powerful. That, to me, is a primary purpose of the Constitution itself, and, when done correctly, a core purpose of journalism. That's what I try to do now as well in the work I do. I'd much rather be at war with corrupt elites than serving their interests."

Judging by the press accounts, Washington is still buzzing over WikiLeaks' release of classified U.S. government information, with both Republicans and Democrats expressing outrage over the disclosures. Meanwhile, many media outlets seem to be practically mute on the subject, avoiding comment on whether WikiLeaks provided a public service or disservice.

Whether used to clinch a guilty verdict or predict the end of a "CSI" episode, DNA evidence has given millions of people a sense of certainty -- but the outcomes of using DNA evidence have often been far from certain, according to David Kaye, Distinguished Professor of Law at Penn State.

The best "justice" money can buy via packing the Supreme Court with "conservatives" is bearing smelly, polluted fruit. Specifically, those "conservatives" are showing themselves to be "activist judges" in "watering down" conservation and public safety laws passed by Congress. Polluting "business" entities are apparently NOT to be considered to be within the oft-quoted and loved "conservative" limitation of the purview of the federal government to merely protect the populace from "enemies foreign and domestic". That this pollution kills and injures thousands (and poisons the environment for the countless of the "unborn") apparently doesn't matter (but if Al Qaeda was doing it, then complete suspension of all domestic rights would be justified to "fight" that!). Pictured: In 2007, a pipe maker was fined millions of dollars for dumping oil, lead and zinc into Avondale Creek in Alabama. A court ruled the waterway was exempt from the Clean Water Act. The firm eventually settled by agreeing to pay a smaller amount and submit to probation.

While the Cheneys, father and daughter, continue to hammer away at the accusation that the Obama administration has a "mindset" problem because it (sometimes) chooses to deal with terrorists through the criminal justice system, another bullet-hole has been leveled at their argument by, of all nations, Germany. This isn't France that chose to try terrorist suspects in a civilian criminal court. This is big bad Germany. And these were not just any terrorists. The judge in the case declared, they had dreamed of "mounting a second September 11 2001" by killing US civilians and soldiers by bombing targets like Ramstein Air Base. They were accused of operating as a German cell of the radical al-Qaeda-linked group, the Islamic Jihad Union.