So there's no way in hell they can force you to reveal the location of your car, because, duh, that's testifying against yourself. (Think about it for a second. If the FBI is collecting 'the location of the car', then 'the location of the car' is clearly being used as evidence in an investigation, presumably against you, so if you're forced to tell them 'the location of the car'...)
Why is the location of your car evidence of a crime? The FBI may want to know where your car is at all times so they can arrest you if they find other evidence of a crime. Under ordinary circumstances, I do not think you have the right to refuse to obey a court order to disclose the location of your car. Whether this applies to a question by a FBI agent is a different question.
Don't worry about the Chinese launching an attack against the USA. If they think they will lose the war, they won't start one. If they think they will win the war, how will their economy survive when markets for their goods disappear and trillions of dollars of US debt they hold becomes worthless? And all the Chinese spies who steal industrial secrets in the US will be out of work. The Chinese can't afford war with the USA.
My experience was similar. I graduated high school in NY City at 16 and entered Queens College with 15 credits already completed. I lived at home, walked to school and dated a girl who also started college at 16.
Queens College at the time was tuition-free. Since I had two NY Regents scholarships (the regular merit-based one and one as the child of a deceased veteran), all my costs were covered. It was just like going to high school except for the level of academics, the feeling of having control of my life, the maturity of other students and the attitude of the professors.
By going to summer school I picked up another semester and graduated in three years. I became a teenage student at Yale Law School. I graduated from law school 40 years ago and became a member of the NY bar at age 22.
In the 40 years that has passed since law school, I have never once regretted going through school as fast as I could.
As a lawyer, I suggest you retain an attorney who has a professional duty to advise you and to keep your information confidential. Find one who specializes in intellectual property generally or in patent law specifically. (Not always the same people.)
Next you'll probably want an IBM model M keyboard emulation mode that plays a springy sound every time a key is hit.
I wish we could get the WordPerfect (DOS) 5.1 function key assignments back. Then I could buy a keyboard with the F-keys on the left where God intended them to be and the key "click" I loved on the Northgate Omnikey keyboard.
One of the judges on the panel which issued the stay and probably will hear the appeal in Arista Records v. Does 1 -1 6 is my former torts professor at Yale Law School (and later the dean), Guido Calabresi. You could not ask for a more intelligent, decent and intellectually honest judge.
Wrong justice. It was Potter Stewart, not Oliver Wendell Holmes, who said of pornography: "I know it when I see it."
From wikipedia: "To the lay public, Stewart may be best known for a quotation, or a fragment thereof, from his opinion in the obscenity case of Jacobellis v. Ohio (1964). Stewart wrote in his short concurrence that "hard-core pornography" was hard to define, but that "I know it when I see it."[9] Usually dropped from the quote is the remainder of that sentence, "and the motion picture involved in this case is not that." Justice Stewart went on to defend the movie in question against further censorship. One noted commentator opined that: "This observation summarizes Stewart's judicial philosophy: particularistic, intuitive, and pragmatic."[10] Justice Stewart later recanted this view in Miller v. California, in which he accepted that his prior view was simply untenable."
http://en.wikipedia.org/wiki/Potter_Stewart
>>>"There is no password on my WAP - Anybody could have downloaded that. I just didn't bring it up during trial to make a point."
An appellate court will NOT consider evidence not presented in the trial court. In most cases, an appellate court will not consider legal arguments not made in the trial court (but there are some exceptions). If you didn't bring it up during trial, an appeal doesn't stand much chance.
This is not legal advice. See my other post in this tread for the full disclaimer.
I am a lawyer, although I generally don't handle criminal cases. This is not legal advice. You should only rely on the advice of an attorney you have retained and who has a duty to investigate the facts and law that apply to your situation.
Every criminal defense attorney will argue there is a reasonable doubt. The prisons are full of people who used this argument unsuccessfully. The most common reasons an appellate court will reverse a conviction are if there is provable jury misconduct (very rare), if the judge's instructions to the jury misinterprets the law and that likely changed the outcome, or if there is no possible way the jury could reasonably believe the evidence supports a guilty verdict.
What I learned in law school 40 years ago is that "reasonable doubt" is far from the same thing as "ironclad evidence." In theory, a jury should acquit if the evidence leaves them with a doubt based on a reason. But if the police officer testifies that you were doing 80 mph and you testify you were just doing 65, the jury can believe the police officer and convict you. A conflict in the evidence does not mean there is reasonable doubt if the jury decides the police officer is more believable than you are. They can legally discount your testimony completely.
OTOH, if you can have the radar gun tested and it over-registers by 15 mph, that could be a different story. In fact, a good judge will not let the police officer's testimony be admitted if that is the case unless the evidence shows the radar gun registered 95 mph, which means you were really doing 80.
The big deal lately is that many forensic labs have been shown deficient in their procedures in handling and testing evidence. The kind of scientific study needed to show this is far beyond the resources of almost any criminal defendant. I'm not sure if any convictions have actually be reversed yet because of this finding.
Your mention of the one-volume Columbia Encyclopedia brought back memories. In high school and in college I used to read random articles in this encyclopedia for pleasure. The articles were short but informative and usually gave references for further information. I learned a lot and never got bored.
About 30 years ago I applied for a job as an attorney with a Fortune 100 company. They liked me but said I had to take a psychological test to qualify for the job. They wanted me to go take it the same day but I told them I couldn't do it until two days later.
So what happened? I didn't hear from them for just over a year. Then they called and wanted to hire me. By that time I had taken another job far away and didn't look back.
If I want to write a quick note, surf a web page, or Google (r) a search, what I miss most in my computers today is the ability to turn the thing on and be ready to work in a few seconds. Give me a quick booting machine and I'll buy now.
No one has mentioned my favorite keyboard of all time: the Northgate Omnikey Ultra. I could set the control key to the left of the A key. There was a second set of F keys in a double row on the left side. The return key was big and so was the backspace key. There was a dedicated asterisk * key underneath the right shift key. And it clicked. Here is a picture: http://www.northgate-keyboard-repair.com/ultra.jpg
This was a typist's keyboard. The keys were even color coded for WordPerfect functions. There was a utility included to remap the keyboard. I bought several but after years of intensive use they are now all gone to keyboard heaven.
"When is the last time you hadn't thrown your vote away? Ron Paul even if its write-in!"
In my first presidential election vote, in 1968, I didn't want to vote for Nixon or for Humphrey. So I voted for individual electors pledged to Dick Gregory. I liked his platform. He promised to paint the Executive Mansion like a chessboard and rename it the "Black and White House."
Now that was a campaign promise that resonated in my heart! Wouldn't have added much to the federal deficit,either.
You can't claim the letter is a trade secret if you sent it to someone who has no duty not to disclose it to others. A trade secret must be a secret. Once you send the letter to a member of the public, it isn't secret any more.
My office computer crashed and figuratively burned early this month, so I ordered a "Vostro 400" desktop from the folks at Dell. Nice system, reasonable price and the option to configure it with XP instead of Vista. All my old programs run without complaint.
My son recently got a laptop with Linux from them. You do have a choice.
I am a lawyer, and while this is not legal advice to anyone I would personally contact the poster and ask to buy a license to reuse the code in a commercial product. Sure you could rewrite the code but the time saved in not having to do that could be worth a reasonable price for a license. If you bought a license you could also ask for proof of authorship and ownership.
If you instead rewrite the code, you face the possible claim that your new code is a derivative work which is also covered by the original author's copyright. The "cleanroom" approach is sometimes used to avoid this. Have someone who has seen the original code spec the functions, and give the spec but not the original code to a programmer who has never seen the original. Document carefully what you have done and why. If the programmer who writes the code has no access to the original, he can't copy it. Then you only have to worry about software patents -- but that's a separate issue.
Federal sentencing "guidelines" are both mandatory and very unfair in a large number of cases. But Congress has enacted them and the courts uphold the guidelines. District judges, who impose the sentences, often complain about the guidelines.
I paid $80 for a Seagate drive, so the refund would be $4. I have slight qualms about taking the money, so I will opt for the software and not file a claim on the second Seagate drive I bought. This is called moral ambiguity.
Does anyone use this software and know if it is any good?
Whaddya mean IBM isn't in the PC operating system business? OS/2 forever! A better DOS than DOS. A better Windows than Windows. I know that's true, because it comes from Big Blue.
Slashdot Mirror
Why is the location of your car evidence of a crime? The FBI may want to know where your car is at all times so they can arrest you if they find other evidence of a crime. Under ordinary circumstances, I do not think you have the right to refuse to obey a court order to disclose the location of your car. Whether this applies to a question by a FBI agent is a different question.
Don't worry about the Chinese launching an attack against the USA. If they think they will lose the war, they won't start one. If they think they will win the war, how will their economy survive when markets for their goods disappear and trillions of dollars of US debt they hold becomes worthless? And all the Chinese spies who steal industrial secrets in the US will be out of work. The Chinese can't afford war with the USA.
My experience was similar. I graduated high school in NY City at 16 and entered Queens College with 15 credits already completed. I lived at home, walked to school and dated a girl who also started college at 16.
Queens College at the time was tuition-free. Since I had two NY Regents scholarships (the regular merit-based one and one as the child of a deceased veteran), all my costs were covered. It was just like going to high school except for the level of academics, the feeling of having control of my life, the maturity of other students and the attitude of the professors.
By going to summer school I picked up another semester and graduated in three years. I became a teenage student at Yale Law School. I graduated from law school 40 years ago and became a member of the NY bar at age 22.
In the 40 years that has passed since law school, I have never once regretted going through school as fast as I could.
As a lawyer, I suggest you retain an attorney who has a professional duty to advise you and to keep your information confidential. Find one who specializes in intellectual property generally or in patent law specifically. (Not always the same people.)
This isn't a "2.0 release." It's just a beta. Who cares about betas? Unless it's Gmail, of course.
I wish we could get the WordPerfect (DOS) 5.1 function key assignments back. Then I could buy a keyboard with the F-keys on the left where God intended them to be and the key "click" I loved on the Northgate Omnikey keyboard.
Warp? That's OS/2!!!
A better DOS than DOS. A better Windows than Windows.
Talk about compatibility and people sticking with ancient apps.
George,
You must mean 1984.
One of the judges on the panel which issued the stay and probably will hear the appeal in Arista Records v. Does 1 -1 6 is my former torts professor at Yale Law School (and later the dean), Guido Calabresi. You could not ask for a more intelligent, decent and intellectually honest judge.
From wikipedia: "To the lay public, Stewart may be best known for a quotation, or a fragment thereof, from his opinion in the obscenity case of Jacobellis v. Ohio (1964). Stewart wrote in his short concurrence that "hard-core pornography" was hard to define, but that "I know it when I see it."[9] Usually dropped from the quote is the remainder of that sentence, "and the motion picture involved in this case is not that." Justice Stewart went on to defend the movie in question against further censorship. One noted commentator opined that: "This observation summarizes Stewart's judicial philosophy: particularistic, intuitive, and pragmatic."[10] Justice Stewart later recanted this view in Miller v. California, in which he accepted that his prior view was simply untenable." http://en.wikipedia.org/wiki/Potter_Stewart
An appellate court will NOT consider evidence not presented in the trial court. In most cases, an appellate court will not consider legal arguments not made in the trial court (but there are some exceptions). If you didn't bring it up during trial, an appeal doesn't stand much chance.
This is not legal advice. See my other post in this tread for the full disclaimer.
I am a lawyer, although I generally don't handle criminal cases. This is not legal advice. You should only rely on the advice of an attorney you have retained and who has a duty to investigate the facts and law that apply to your situation.
Every criminal defense attorney will argue there is a reasonable doubt. The prisons are full of people who used this argument unsuccessfully. The most common reasons an appellate court will reverse a conviction are if there is provable jury misconduct (very rare), if the judge's instructions to the jury misinterprets the law and that likely changed the outcome, or if there is no possible way the jury could reasonably believe the evidence supports a guilty verdict.
What I learned in law school 40 years ago is that "reasonable doubt" is far from the same thing as "ironclad evidence." In theory, a jury should acquit if the evidence leaves them with a doubt based on a reason. But if the police officer testifies that you were doing 80 mph and you testify you were just doing 65, the jury can believe the police officer and convict you. A conflict in the evidence does not mean there is reasonable doubt if the jury decides the police officer is more believable than you are. They can legally discount your testimony completely.
OTOH, if you can have the radar gun tested and it over-registers by 15 mph, that could be a different story. In fact, a good judge will not let the police officer's testimony be admitted if that is the case unless the evidence shows the radar gun registered 95 mph, which means you were really doing 80.
The big deal lately is that many forensic labs have been shown deficient in their procedures in handling and testing evidence. The kind of scientific study needed to show this is far beyond the resources of almost any criminal defendant. I'm not sure if any convictions have actually be reversed yet because of this finding.
Since the Presidential debates, everyone knows that the average Joe is named Sam.
Your mention of the one-volume Columbia Encyclopedia brought back memories. In high school and in college I used to read random articles in this encyclopedia for pleasure. The articles were short but informative and usually gave references for further information. I learned a lot and never got bored.
Today, I use google to scratch my curiosity itch.
OK, I am a lawyer, but this is not legal advice.
About 30 years ago I applied for a job as an attorney with a Fortune 100 company. They liked me but said I had to take a psychological test to qualify for the job. They wanted me to go take it the same day but I told them I couldn't do it until two days later.
In the meantime, I went to the public library and read William Whyte's book, "The Organization Man." http://www.amazon.com/Organization-Man-William-H-Whyte/dp/0812218191/ref=sr_1_1?ie=UTF8&s=books&qid=1231883226&sr=1-1 At the end of the book is an appendix on "How to Cheat on Personality Tests." Very helpful. In fact, I think the test described in the book was the very same one I took.
So what happened? I didn't hear from them for just over a year. Then they called and wanted to hire me. By that time I had taken another job far away and didn't look back.
If I want to write a quick note, surf a web page, or Google (r) a search, what I miss most in my computers today is the ability to turn the thing on and be ready to work in a few seconds. Give me a quick booting machine and I'll buy now.
Obama and Hillary have clashed too much for her to be a good VP choice. Who can unite the Democratic party?
McCain needs someone who can help him portray fiscal responsibility. Who is the only recent President with a budget surplus?
Both parties should nominate Bill Clinton as VP. He can't run for President because of the 22nd Amendment to the Constitution. Wikipedia says it's unclear whether the 12th Amendment would prevent him from becoming VP. http://en.wikipedia.org/wiki/Twenty-second_Amendment_to_the_United_States_Constitution
Vote for Bill!
Please do not mod this as funny!
No one has mentioned my favorite keyboard of all time: the Northgate Omnikey Ultra. I could set the control key to the left of the A key. There was a second set of F keys in a double row on the left side. The return key was big and so was the backspace key. There was a dedicated asterisk * key underneath the right shift key. And it clicked. Here is a picture: http://www.northgate-keyboard-repair.com/ultra.jpg
This was a typist's keyboard. The keys were even color coded for WordPerfect functions. There was a utility included to remap the keyboard. I bought several but after years of intensive use they are now all gone to keyboard heaven.
In my first presidential election vote, in 1968, I didn't want to vote for Nixon or for Humphrey. So I voted for individual electors pledged to Dick Gregory. I liked his platform. He promised to paint the Executive Mansion like a chessboard and rename it the "Black and White House."
Now that was a campaign promise that resonated in my heart! Wouldn't have added much to the federal deficit,either.
You can't claim the letter is a trade secret if you sent it to someone who has no duty not to disclose it to others. A trade secret must be a secret. Once you send the letter to a member of the public, it isn't secret any more.
My office computer crashed and figuratively burned early this month, so I ordered a "Vostro 400" desktop from the folks at Dell. Nice system, reasonable price and the option to configure it with XP instead of Vista. All my old programs run without complaint.
My son recently got a laptop with Linux from them. You do have a choice.
If you instead rewrite the code, you face the possible claim that your new code is a derivative work which is also covered by the original author's copyright. The "cleanroom" approach is sometimes used to avoid this. Have someone who has seen the original code spec the functions, and give the spec but not the original code to a programmer who has never seen the original. Document carefully what you have done and why. If the programmer who writes the code has no access to the original, he can't copy it. Then you only have to worry about software patents -- but that's a separate issue.
Federal sentencing "guidelines" are both mandatory and very unfair in a large number of cases. But Congress has enacted them and the courts uphold the guidelines. District judges, who impose the sentences, often complain about the guidelines.
Does anyone use this software and know if it is any good?
Whaddya mean IBM isn't in the PC operating system business? OS/2 forever! A better DOS than DOS. A better Windows than Windows. I know that's true, because it comes from Big Blue.