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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

Washington is in the grip of a fever. It's hard to find a word other than lunacy to describe what's going on. We are veering toward potential economic catastrophe. And Congress is hung up on a debate that shouldn't be occurring. It is debating an imaginary problem that conjures scary future scenarios but ignores dire existing circumstances. The consensus proffered solution to the imaginary problem would damage our country and further weaken our economy. Democrats and Republicans are at loggerheads, but they are disagreeing primarily about how much harm they want to impose. That's a very consequential disagreement, but it ignores the fact that we don't need to impose any harm at all.

Just a few months ago, I wrote a piece for Adbusters that started with a conversation I'd had with an Egyptian activist friend named Dina: All these years," she said, "we've been organizing marches, rallies… And if only 45 people show up, you're depressed, if you get 300, you're happy. Then one day, 200,000 people show up. And you're incredulous: on some level, even though you didn't realize it, you'd given up thinking that you could actually win. As the Occupy Wall Street movement spreads across America, and even the world, I am suddenly beginning to understand a little of how she felt.

Part 1: The definition of "Rule of Law". Glenn Greenwald speaks about America's two-tiered justice system and why he wrote his latest book, "Liberty and Justice for Some". (Available on Amazon.com: http://amzn.to/tAANlP) Recorded at Claremont-McKenna College on 4 November 2011.

In the spirit of ideas worth spreading, TEDx is a program of local, self-organized events that bring people together to share a TED-like experience. At a TEDx event, TEDTalks video and live speakers combine to spark deep discussion and connection in a small group. These local, self-organized events are branded TEDx, where x = independently organized TED event. The TED Conference provides general guidance for the TEDx program, but individual TEDx events are self-organized.* (*Subject to certain rules and regulations)

Think tank "scholars" are lavishly funded to defend elite prerogatives

This document presents details on the wealth and income distributions in the United States, and explains how we use these two distributions as power indicators. Some of the information may come as a surprise to many people. In fact, I know it will be a surprise and then some, because of a recent study (Norton & Ariely, 2010) showing that most Americans (high income or low income, female or male, young or old, Republican or Democrat) have no idea just how concentrated the wealth distribution actually is. More on that a bit later.

ON TUESDAY the European Court for Human Rights  ruled that insurers in the EU can no longer charge different premiums for men and women.

They're unknown and invisible to most of us, but electronic trading programs now rule the stock markets

Country recovering from collapse of its banks and government is using social media to get citizens to share their ideas

Democrat or Republican, Libertarian or Socialist, politically active and not we are reaping the bitter reward of a political and legal system designed to maximize corporate profits at the expense of our environment, our livelihood, and our very lives. Our society is unraveling. We all know this. This is not idle conspiracy theory. These are well established facts. We are ruled by a headless beast that is no longer accountable to us. That it is headless makes it no less beastly. But there is a silver bullet. It's within our power to restore a functioning free market; to take back our democracy. We must end limited liability for corporations. Only when wealthy investors are no longer shielded from the costs that we collectively bear in their stead, only when they can no longer hide from the burden they have placed on us, only then can we expect the end of corporate plunder.   We are running out of time. Millions of Germans lost faith in the free market and capitalism during the Great Depression, and "with the failure of the left to provide a viable alternative, they became vulnerable to the rhetoric of a party that, once it came to power, combined Keynesian pump-priming measures that brought unemployment down to 3 percent with a devastating counterrevolutionary social and cultural program."

BBC News-Sept. 26, 2011- http://news.yahoo.com/blogs/cutline/bbc-victim-hoax-no-yes-men-154724196.html Just listen to this guy. Thanks to zerohedge for posting this story.

September 13, 2011 - Many regulations that were originally scorned by politicians and industry as signaling the death of product lines, companies, and jobs - including those requiring more efficient light bulbs and banning chemicals that damage the ozone layer - in fact stimulated healthy innovations that have protected American lives and saved billions of dollars without harming industry, according to a report by Public Citizen. "Regulation: An Unsung Hero in American Innovation," describes five regulations that were originally excoriated but have resulted in innovations that improved public safety, helped the environment and led to better products. The report comes as public protections are under attack from the U.S. Chamber of Commerce and big business allies in Congress, who focus on the cost of rules while ignoring their public safety benefits and their potential to spur innovations.

A whopping 70,000 questions poured into Change.gov over the past week, in response to the Obama transition team's call for citizen queries to the President-Elect. After votes from about 100,000 people, the top ranked question asks Obama whether he will appoint a special prosecutor to investigate allegations of torture and illegal surveillance by the U.S. government. I've been working with activist Bob Fertik to organize support for the question, and several progressive bloggers urged readers and Obama supporters to vote for it last week. Digby, who has written extensively about the Bush administration's abuse of the rule of law, recently reported on the progress:

The most important moral and intellectual voices within a disintegrating society are slowly discredited when their nonviolent protests and calls for justice cannot alter intransigent and corrupt systems of power. The repeated acts of peaceful civil disobedience, efforts at electoral and political reform and the fight to protect the rule of law are dismissed as useless by an embittered, dispossessed and betrayed public. The demagogues and hatemongers, the purveyors of violence, easily seduce enraged and bewildered masses in the final stages of collapse with false promises of vengeance, new glory and moral renewal. And in the spiral downward the good among us are reviled as naive and ineffectual fools.

I'm genuinely excited today to announce the release of my new book, With Liberty and Justice for Some: How the Law is Used to Destroy Equality and Protect the Powerful. As of this morning, it is available in bookstores as well as for shipping online. The book focuses on what I began realizing several years ago is the crucial theme tying together most of the topics I write about: America's two-tiered justice system - specifically, the way political and financial elites are now vested with virtually absolute immunity from the rule of law even when they are caught committing egregious crimes, while ordinary Americans are subjected to the world's largest and one of its harshest and most merciless penal states even for trivial offenses. As a result, law has been completely perverted from what it was intended to be - the guarantor of an equal playing field which would legitimize outcome inequalities - into its precise antithesis: a weapon used by the most powerful to protect their ill-gotten gains, strengthen their unearned prerogatives, and ensure ever-expanding opportunity inequality. This is how I described that development in the book:

About twenty years ago, Professor Nicholas Ashford of MIT came to Washington and testified before Congress in great detail about how and where safety regulations create jobs and make the economy more efficient in avoiding the costs of preventable injuries and disease.