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	<title>mythago performs a blog dance for your amusement &#187; Law</title>
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	<link>http://www.mythago.com/blog</link>
	<description>(A figment of everyone's imagination gets back into the blogging thing)</description>
	<lastBuildDate>Mon, 23 Aug 2010 02:56:31 +0000</lastBuildDate>
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		<title>&#8220;So should I leave work early to get married?&#8221;</title>
		<link>http://www.mythago.com/blog/2010/08/04/so-should-i-leave-work-early-to-get-married/</link>
		<comments>http://www.mythago.com/blog/2010/08/04/so-should-i-leave-work-early-to-get-married/#comments</comments>
		<pubDate>Wed, 04 Aug 2010 23:34:05 +0000</pubDate>
		<dc:creator>mythago</dc:creator>
				<category><![CDATA[California]]></category>
		<category><![CDATA[LGBT]]></category>
		<category><![CDATA[Law]]></category>
		<category><![CDATA[Proposition 8]]></category>
		<category><![CDATA[squee]]></category>

		<guid isPermaLink="false">http://www.mythago.com/blog/?p=236</guid>
		<description><![CDATA[The above e-mail today from a friend was how I found out about the results of the Proposition 8 ruling (which the District Court apparently slipped under the door into the court&#8217;s press room and then ran like hell; it wasn&#8217;t read aloud in court). I am bummed that I am out of the city [...]]]></description>
			<content:encoded><![CDATA[<p>The above e-mail today from a friend was how I found out about the results of the Proposition 8 ruling (which the District Court apparently slipped under the door into the court&#8217;s press room and then ran like hell; it wasn&#8217;t read aloud in court).</p>
<p>I am bummed that I am out of the city and so can&#8217;t participate in the celebration, but still OMG OMG SQUEEEEEEEEEEEEEE!</p>
<p>And yes, I told my friend she should leave work early in case the court is persuaded to impose a stay. In the meantime, you can read the entire opinion <a title="PDF of ruling" href="http://www.mythago.com/blog/Prop-8-Ruling-FINAL.pdf">here</a>.</p>
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			<wfw:commentRss>http://www.mythago.com/blog/2010/08/04/so-should-i-leave-work-early-to-get-married/feed/</wfw:commentRss>
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		<item>
		<title>SCOTUS: pro and con</title>
		<link>http://www.mythago.com/blog/2009/06/16/scotus-pro-and-con/</link>
		<comments>http://www.mythago.com/blog/2009/06/16/scotus-pro-and-con/#comments</comments>
		<pubDate>Tue, 16 Jun 2009 21:52:08 +0000</pubDate>
		<dc:creator>mythago</dc:creator>
				<category><![CDATA[Uncategorized]]></category>
		<category><![CDATA[Law]]></category>
		<category><![CDATA[SCOTUS]]></category>
		<category><![CDATA[Travel]]></category>

		<guid isPermaLink="false">http://www.mythago.com/blog/?p=174</guid>
		<description><![CDATA[Pros: Cool architecture. The bench is only slightly raised, instead of being higher than God as is not uncommon in many courts. Apparently the Justices do not have something to prove. Their cafeteria food is actually pretty decent. Marble, and plenty of it. Just admitted Mythago to the Supreme Court bar. Cons: Supreme Court gift [...]]]></description>
			<content:encoded><![CDATA[<p>Pros:</p>
<ul>
<li>Cool architecture.</li>
<li>The bench is only slightly raised, instead of being higher than God as is not uncommon in many courts. Apparently the Justices do not have something to prove.</li>
<li>Their cafeteria food is actually pretty decent.</li>
<li>Marble, and plenty of it.</li>
<li>Just admitted Mythago to the Supreme Court bar.</li>
</ul>
<p>Cons:</p>
<ul>
<li>Supreme Court gift shop contains extremely limited variety of swag.</li>
</ul>
]]></content:encoded>
			<wfw:commentRss>http://www.mythago.com/blog/2009/06/16/scotus-pro-and-con/feed/</wfw:commentRss>
		<slash:comments>3</slash:comments>
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		<title>One More</title>
		<link>http://www.mythago.com/blog/2009/04/07/one-more/</link>
		<comments>http://www.mythago.com/blog/2009/04/07/one-more/#comments</comments>
		<pubDate>Wed, 08 Apr 2009 05:52:12 +0000</pubDate>
		<dc:creator>mythago</dc:creator>
				<category><![CDATA[Uncategorized]]></category>
		<category><![CDATA[Law]]></category>
		<category><![CDATA[Politics]]></category>
		<category><![CDATA[queer]]></category>
		<category><![CDATA[Vermont]]></category>

		<guid isPermaLink="false">http://www.mythago.com/blog/?p=158</guid>
		<description><![CDATA[Now that Vermont has legalized same-sex marriage by overriding a gubernatorial veto, the bigot squad is going to back off, right? After all, their real beef was with imaginary activist judges, and this was a decision made by elected officials. Oh, wait, the National Organization for Marriage begs to differ: But we take heart in [...]]]></description>
			<content:encoded><![CDATA[<p>Now that Vermont has <a href="http://www.abajournal.com/news/vermont_legalizes_gay_marriage_house_overrides_govs_veto/">legalized same-sex marriage</a> by overriding a gubernatorial veto, the bigot squad is going to back off, right? After all, their real beef was with imaginary activist judges, and this was a decision made by elected officials.</p>
<p>Oh, wait, the National Organization for Marriage begs to differ:</p>
<blockquote><p>But we take heart in knowing that this vote was not representative of what Vermonters understand marriage to be. We know that the Vermont Legislature did everything in its power to avoid allowing Vermonters to vote directly on the future of marriage.</p></blockquote>
<p>No doubt, if Vermont had legalized same-sex marriage through a straight up popular vote of the people, these relics would bemoan how it wasn&#8217;t <em>really</em> the will of the people, because, oh, I dunno, homosexual lobby brainwashing satellite rays from beyond the stars? Certainly it can&#8217;t be that NOM and their ilk are <em>losing </em>the culture war.</p>
<p>They&#8217;re right about concern for their grandchildren, though. It must be a terrible thought to know, somewhere in your cramped, reptilian brain, that the kindest thing your grandkids might say about you is &#8220;they couldn&#8217;t help being like that, it was the times they grew up in&#8221;.</p>
<p>(h/t, <a href="http://dianapeterfreund.com/blog">Diana Peterfreund</a>)</p>
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		<title>Keeping one step behind the jury</title>
		<link>http://www.mythago.com/blog/2009/03/17/keeping-one-step-behind-the-jury/</link>
		<comments>http://www.mythago.com/blog/2009/03/17/keeping-one-step-behind-the-jury/#comments</comments>
		<pubDate>Wed, 18 Mar 2009 01:16:24 +0000</pubDate>
		<dc:creator>mythago</dc:creator>
				<category><![CDATA[Law]]></category>

		<guid isPermaLink="false">http://www.mythago.com/blog/?p=152</guid>
		<description><![CDATA[I&#8217;m actually a little surprised, though I shouldn&#8217;t be, that the courts are failing to realize how much jurors rely on the Internet. Judges always tell jurors not to do any research and not to talk to anyone about the case. Thankfully, most of them are happy to go along with the suggestion that they [...]]]></description>
			<content:encoded><![CDATA[<p>I&#8217;m actually a little surprised, though I shouldn&#8217;t be, that <a href="http://www.nytimes.com/2009/03/18/us/18juries.html">the courts are failing to realize</a> how much jurors rely on the Internet.</p>
<p>Judges always tell jurors not to do any research and not to talk to anyone about the case. Thankfully, most of them are happy to go along with the suggestion that they get <em>specific</em> about this and go beyond the boilerplate of jury pre-instructions.  Most people don&#8217;t think of Google as &#8220;research&#8221; and don&#8217;t think of Twitter as &#8220;talking to anyone&#8221;. They have to be told: do not look up anything about this case, including the parties and the attorneys, on the Internet, and that includes Google and Wikipedia; do not blog about this trial, do not email people, do not Twitter or send text messages.</p>
<p>And you can see that they didn&#8217;t think of it that way, because the nods at &#8220;don&#8217;t do research&#8221; turn to surprise when the judge starts reeling off <em>exactly</em> what that means. I&#8217;ve actually seen one person kicked off a jury because he would not agree to refrain from looking things up on the Internet about the case. The judge&#8217;s explanation that all information had to come in during the trial did not sway him; he was annoyed that anyone might put a hold on his sacred right to Google for any reason.</p>
<p>If you hate the idea of jury service, imagine what it would be like to put in eight weeks of time, only to have it end in a mistrial because some bozo couldn&#8217;t find anything else to talk about on his Facebook page.</p>
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		<slash:comments>4</slash:comments>
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		<item>
		<title>YANAL</title>
		<link>http://www.mythago.com/blog/2009/03/07/yanal/</link>
		<comments>http://www.mythago.com/blog/2009/03/07/yanal/#comments</comments>
		<pubDate>Sat, 07 Mar 2009 18:11:01 +0000</pubDate>
		<dc:creator>mythago</dc:creator>
				<category><![CDATA[Dumbth]]></category>
		<category><![CDATA[Law]]></category>
		<category><![CDATA[YANAL]]></category>

		<guid isPermaLink="false">http://www.mythago.com/blog/?p=140</guid>
		<description><![CDATA[If you feel compelled to preface a discussion with &#8220;I&#8217;m not a lawyer, but&#8230;&#8221;, even in abbreviated form, chances are the next thing to come out of your mouth is going to be a horribly-manged misunderstanding and/or generalization of the law that will make anyone with a JD clutch their ears and howl in agony. [...]]]></description>
			<content:encoded><![CDATA[<p>If you feel compelled to preface a discussion with &#8220;I&#8217;m not a lawyer, but&#8230;&#8221;, even in abbreviated form, chances are the next thing to come out of your mouth is going to be a horribly-manged misunderstanding and/or generalization of the law that will make anyone with a JD clutch their ears and howl in agony.</p>
<p>Then they will recover, and beat you viciously and without mercy. Rhetorically speaking.</p>
<p>It is true that many people who aren&#8217;t lawyers to have a clear understanding of certain areas of the law, and are even able to talk about it intelligently. Unfortunately those people are vastly outnumbered by other people, who think that Wikipedia is a real legal resource, or who take one line in a judicial opinion out of context and think that&#8217;s what the law is.</p>
<p>It is also true that the law is full of different specialities and lawyers have different levels of competency. I&#8217;m not familiar enough with patent law to explain its complexities to you, either at a cocktail party or on the Internet. Likewise, don&#8217;t tell me that you fully understand product-liability law in California because you heard about it from your dad, a retired lawyer who used to do criminal cases in Massachusetts.</p>
<p>And for god&#8217;s sake don&#8217;t present your half-baked legal expertise as legal <em>advice</em> to others.</p>
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		<item>
		<title>Habeas Claus!</title>
		<link>http://www.mythago.com/blog/2008/06/12/habeas-claus/</link>
		<comments>http://www.mythago.com/blog/2008/06/12/habeas-claus/#comments</comments>
		<pubDate>Thu, 12 Jun 2008 15:20:35 +0000</pubDate>
		<dc:creator>mythago</dc:creator>
				<category><![CDATA[Law]]></category>
		<category><![CDATA[SCOTUS]]></category>
		<category><![CDATA[human rights]]></category>

		<guid isPermaLink="false">http://www.mythago.com/blog/?p=110</guid>
		<description><![CDATA[At least part of the Supreme Court managed to figure out that, wow, this whole habeas corpus thing is an important legal right, even for bad people who don&#8217;t believe Jesus is their Lord and Savior. I look forward to reading the decision to see how the faux &#8220;strict constructionalists&#8221; (*cough* Scalia *cough*) explain how [...]]]></description>
			<content:encoded><![CDATA[<p>At least part of the Supreme Court <a href="http://www.law.com/jsp/article.jsp?id=1202422204998">managed to figure out </a>that, wow, this whole habeas corpus thing is an important legal right, even for bad people who don&#8217;t believe Jesus is their Lord and Savior.</p>
<p>I look forward to reading the decision to see how the faux &#8220;strict constructionalists&#8221; (*cough* Scalia *cough*) explain how the Framers took Islamofacism into account to create a mystical unwritten exception to the rule.</p>
]]></content:encoded>
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		<slash:comments>0</slash:comments>
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		<item>
		<title>And About Time</title>
		<link>http://www.mythago.com/blog/2008/05/15/and-about-time/</link>
		<comments>http://www.mythago.com/blog/2008/05/15/and-about-time/#comments</comments>
		<pubDate>Thu, 15 May 2008 17:23:21 +0000</pubDate>
		<dc:creator>mythago</dc:creator>
				<category><![CDATA[Feminism]]></category>
		<category><![CDATA[Law]]></category>
		<category><![CDATA[Politics]]></category>
		<category><![CDATA[queer]]></category>

		<guid isPermaLink="false">http://www.mythago.com/blog/?p=107</guid>
		<description><![CDATA[The California Supreme Court overturned the statutory ban on same-sex marriage. (Large PDF of the opinion here.) The forces of evil will be right back at it, though. Today we party elegantly&#8211;tomorrow back in the trenches. Edit: Lynn points out that all three branches of government are in agreement on this. Take that, pseudo-originalist whinebots!]]></description>
			<content:encoded><![CDATA[<p>The California Supreme Court overturned the statutory ban on same-sex marriage. (Large PDF of the opinion <a href="http://www.courtinfo.ca.gov/opinions/documents/S147999.PDF">here</a>.)</p>
<p>The forces of evil will be right back at it, though. Today we party elegantly&#8211;tomorrow back in the trenches.</p>
<p><strong>Edit</strong>: Lynn points out that <a href="http://notfrisco2.com/leones/?p=3363">all three branches of government</a> are in agreement on this. Take that, pseudo-originalist whinebots!</p>
]]></content:encoded>
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		<slash:comments>11</slash:comments>
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