User:BD2412/Archive - Law (second 50)
Hey BD, despite you being on a break I thought I'd let you know that I've placed Federalist No. 10 on WP:FAC; I be much obliged if you were to take a look here. Christopher Parham (talk) 04:19, 15 October 2005 (UTC)
You're really on top of things tonight
Alright, since you're the only lawyer I know on the Wiki, I was wondering if you knew anything about copyright law specifically:
One user then proceded to delete the entire article because he felt that the text constituted a "derivative work" of the original article. I am not too sure about the validity of that argument and was wondering if you can help me understand whether it constitutes a copyvio or not. Sasquatcht|c 05:16, 23 October 2005 (UTC)
Nominees to the U.S. Supreme Court
Adding Category:Withdrawn nominees to the United States Supreme Court as a subcategory to Category:Failed Nominees to the U.S. Supreme Court sounds like a great idea. Thanks! --Kralizec! 15:08, 27 October 2005 (UTC)
Could you shed some light on to the legal term "fair comment"?
First my mea culpa. I did it. I made the first version of the article as a way to circumvent some stonewalling editors on another article. While this worked in a sense this is also the cause for the now existing version. I believe that the last paragraph of the existing version (U.S not Canada) shows logical errors but since I am accused of beeing a POV warrior any edit I may want to do will be understood as an attempt to further an aganda...
However this is actually about the quality of this article (and maybe I am a little bit annoyed that I was accused of mischarecterising the meaning of "fair comment" - but I waited a long time hoping that the problem would solve itself...)
Concerning the logical errors please check under my Headline
So thank you in advance for your help
--Zirkon 10:31, 29 October 2005 (UTC)
I'm not sure I like the footnote method -- unless there was a good way to automate it. In fact, I'd argue that this will only lead to lots and lots of consistency problems down the road. There's already a ton of SCOTUS opinions on WP. Also, I'm not sure how helpful things like "court citation" are to the average reader. What might be helpful is something like 1 U.S. 1 (2005)help. Or something of the sort. The "citation" then "footnote" to another citation with a link to another site seems convoluted. mmmbeerT / C / ? 01:44, 2 November 2005 (UTC)
Also... will you look at Baker v. Selden
I was going through adding the court citation redirects for SCOTUS opinions and realized that Baker v. Selden was in horibble shape. Do you want to check out the rewrite? I basically rewrote everything. mmmbeerT / C / ? 02:00, 2 November 2005 (UTC)
UK law - where?
I see, does the law WikiProject not deal with UK law? Am I in the wrong place? Izehar 19:57, 4 November 2005 (UTC)
Agreed, but the fact remains the Reagan and Bush administrations were against Roe: they filed numerous briefs seeking to have Roe overturned, they made many public statements against Roe, etc. I think you need very, very compelling evidence to convince anyone that in spite of all of this in their heart of hearts they didn't care.
Criminal Law (Image in template)
The image that's being used on the criminal law template (Image:Justice12.jpg) doesnt have any source or copyright information. The uploader hasnt responded to requests for some, and so the image is now at a state where it can be speedily deleted, but rather than do that, would somone who is looking after the template perhaps have a look? Cheers... Agnte 17:35, 13 November 2005 (UTC)
Comment posted in law archive.
Could you maybe help fact check User:Lupo/Public domain? Or just give your opinion on it? It's an attempt at developing a Wikipedia-namespace page that explains some subtleties of the public domain, especially concerning foreign works, works published after 1923, and unpublished works. It's intended to be correct, but not necessarily complete: there may be fringe situations that are just too complex to explain or too hard to verify under which something might be in the public domain that are just not mentioned. One reason to develop this page is to combat the fallacious "if a work is PD in its home country, it's PD anywhere" that seems to be spreading with the proliferation of country-specific PD-tags for images. (And to which, I must admit, I have also occasionally succumbed when I didn't pay attention.) Thanks. Lupo 10:01, 18 November 2005 (UTC)
Wouldn't federal judge (United States) make more sense as an article title? Federal judges are what it's about, and that's the first thing many people who think of typing while searching. Michael Hardy 00:03, 19 November 2005 (UTC)
Yes, but the term federal judge is suggestive of the topic. Michael Hardy 00:22, 19 November 2005 (UTC)
Copyright on Lists
Some time ago we had a disagreement over whether or not the lists of high schools ranked by algorithm constituted a copyright violation. I still think it makes a poor case for fair use, but after spending some time reviewing the guidance of the US Copyright Office (i.e. Compendium II), I have changed my mind and come to the conclusion that such a list is unlikely to sustain a copyright claim. In particular, they take the position that lists generated through an algorithmic process are not copyrightable. Specifically, from section 202.02(e):
To be honest, I dislike this position, in part because I have authored algorithmically generated lists of rankings in the past, and I dislike the notion that even though the algorithm is complex and secret, I might have no control over how the list is used once it is published.
Anyway, feel free to restore your previous work, if you are so inclined. Dragons flight 23:37, 24 November 2005 (UTC)
WP:ANI#Bulk vending and 1.800.Vending Legal threats. My 12 year-old law degree is very rusty, but this could do with a lawyer's eye. I wonderedif you would like to comment? --Doc ask? 23:59, 25 November 2005 (UTC)
RE: Recent change to Negligence
Thank you for the recent change to my "contribution" to Negligence article. I was HIGHLY skeptical of Wikipedia as a legitimate source of correct information, and I experimented a little this afternoon to test the vigilance and the expertise of the volunteers. And thus far, you guys have passed the tests satisfactorily, but I'm still HIGHLY doubtful whether Wikipedia can evolve into a bona fide source of information, especially for specialized subjects like the law. The error you corrected, btw, was part of the test to see if there were people like yourself who would catch on to the mistake, guised in semi-technical language, and would actually bother to correct it.
I am very intrigued by the Wikipedia project. On one hand, the potential is great. The motives are noble. But will the project ever gain any credible legitimacy? Do you not think that the questionable volunteer pool (for anyone can claim to be an expert in any area), the work without compensation (I am skeptical about people's willingness or ability to monitor Wikipedia and to contribute unscrupulous research to the database. I would like to hear your thoughts on the matter, so please write back.
BTW, I'm a law student myself. :)
I'm currently in 2nd year, and I'm Canadian. I've added myself to Category:Law student Wikipedians, but it seems I am the only person on the list thus far? Also, I would like to haer ur thoughts on some of my concerns about the longterm viability of Wikipedia project.
Hi - a couple of things which I thought might be worthy of your attention:
1) I was editing the page on Harold Shipman (British serial killer), and found that it links to a disambiguation page - Tariff (disambiguation). Tariff is about customs duty, but I think there should be a page about Tariffs in the sense of "a recommendation, under British law, for the length of a prison sentence to be served before the prisoner is eligible for parole." I wouldn't know where to start, or even what to call it. I know you're not British, but you are the legal eagle and a master of getting pages started....
2) I'm now doing some disambiguation link repair for execution, and it occurred to me that Execution (legal) would benefit from anything you might want to do to it - it just seems like there's so much more that could be said....
Cheers, TheMadBaron 17:52, 26 November 2005 (UTC)
Tariff (criminal law)
Excellent work! Thanks. TheMadBaron 20:39, 29 November 2005 (UTC)
Case law articles input request
Hi. I was wondering if you would take a look at two articles:
The first is the original court case, the second is the appeal case. How should these articles be titled? The latter strikes me as slightly inelegant. Thanks in advance. Jkelly 06:13, 30 November 2005 (UTC)
Land Registration Act 2002
You probably know, but you seem to be the most supported candidate for adminship in history ;-)
I don't know if you have time for this, but could you please check the article on the Land Registration Act 2002 (it's one of my favorite statutes). I've been working on it for quite some time (I haven't finished it yet), and I don't know if I've taken it too far. What do you think? Izehar 15:16, 1 December 2005 (UTC)
I thought the project was dead... Miranda v. Arizona hadn't been touched in some time - and the note about the (infobox is it?) was posted in August.... DavidDouthitt 16:57, 1 December 2005 (UTC)
PS: How do you use the user_en tag/category whatever..? I put it in - and it works - but I have a basic knowledge of a few other languages, and have seen some other language templates (or is it a tag - category - or...?) DavidDouthitt 18:08, 1 December 2005 (UTC)
Tax avoidance/evasion and the infamous Mr. Cheek
Dear Counsellor (or Counselor if you're in Texas): I just added some more clarification on the Cheek case in the "Tax avoidance/evasion" article, including an extended quote from the case that hits pretty hard. However, maybe it's more appropriate to put this in the article I believe you have created on the Cheek case itself. I'm not sure; I'm pretty new to Wikipedia. Stare 22:51, 1 December 2005 (UTC)
James v. United States
Hey, the article looks good to me. I briefed James years ago in connection with something I worked on and (of course) I can't find my brief on it right now. As I assume you have easily discerned, I'm also an attorney. I also happen to be a certified public accountant, and I've been in a tax practice as a CPA for the past 15 years (total over 20 years of legal and CPA practice). I worked as a CPA for about 5 years, went to law school, practiced law and then went back to accounting practice. I've studied a gazillion tax protester cases (well, maybe not quite that many) and I love procedural tax law and criminal tax law. Say, how is it that you, an IP attorney, are so much "into" tax law as well? (In my opinion a strong interest in tax law is an indication of fine character!) Stare 21:31, 2 December 2005 (UTC)
Regarding your idea to make a separate criminal procedure template, it seems to make as much sense to do the Criminal Law template thus:
Criminal Law Substantive Criminal Law Criminal Procedure
I always thought "Criminal Law" encompassed substantive criminal law and criminal procedure. Criminal procedure doesn't seem to deserve a template all its own, but can hardly be left out completely. Either way. Just so long as it's not forgotten. Mrees1997 23:52, 5 December 2005 (UTC)
Not that it matters so much... but, maybe you shouldn't have fair use images on your user page (when they likely aren't fairly used there)... you know... good example and all ::embarassed face:: Congrats on making admin (inevitable) --gren グレン 08:27, 6 December 2005 (UTC)
Well, I'm no longer eligible to block the user since I've gotten invlolved, but it seems their actions are egregious enough to warrant dispute resolution such as an RfC, etc. Have you tried that in the past? What do you think? - Taxman Talk 18:36, 6 December 2005 (UTC)
A question of law
I wanted to swing a question by you regarding telecommunications law. I know this isn't your area of expertise, but I thought you might be able to advise as to resources or other users here at Wikipedia who might know more. My question in particular is in regards to the #Wikipedia IRC channel. There is ample law covering the rights of individuals in private conversations through electronic means. This is usually covered under wiretap laws at both federal and state levels. However, I'm curious if such laws would apply since #Wikipedia is a publicly available channel and frequently has dozens or even hundreds of active users logged in. I'm thinking the applicable USC law is covered in Title 18, part I, chapter 119 (, must have cookies enabled). But, not being a lawyer I'm quite uncertain how to interpret much of this. In particular, in 2(g)(i) it says "(It shall not be unlawful)...to intercept or access an electronic communication made through an electronic communication system that is configured so that such electronic communication is readily accessible to the general public". I think #Wikipedia qualifies as readily accessible to the general public. The bottom section of (link removed) at meta.wikipedia.org has a link to an article regarding a person who was arrested based on conversations he had online with an undercover police officer. But, if those conversations were made on a channel where only the individual and the police officer could view the conversation, that I think would qualify as a private communication. So, I don't think that case applies to #Wikipedia. In particular, I am wondering if privately logging #Wikipedia is legal. Further, if such logs were made public would that be illegal? --Durin 17:03, 8 December 2005 (UTC) Note to other people who might be reading this; I am not suggesting that I would make such logs public. I am simply looking for guidance as to whether my private logging is legal and whether User:Fennec's logging (see link removed) is legal.
Perhaps we could merge the almost completely English recklessness (criminal) with your U.S. material? Congratulations on your admission to the ranks of the management here, by the way. I hope it does not kill your interest. David91 10:58, 9 December 2005 (UTC)
Hmm. Yes. But using the objective limb of the hybrid test, English law converts wilful blindness into recklessness or in manslaughter cases, treats wilful blindness as gross negligence and therefore sufficient mens rea for a conviction. But if you say they do not match, I respect that judgment. Unfortunately that means you are into U.S. law on your own. I hardly pretend to know any modern English law let alone trespassing into your domain. Perhaps I had better modify the wording of the recklessness page to exclude the U.S. interpretation and to link to your page. David91 12:15, 9 December 2005 (UTC)
Political correctness and juries
First off, congratulations on all of the support you recieved at your rfa. Someday that could be me ; ) I wanted to tell you not to think that the outpouring of support you recieved was solely based on your edit count, though. Even I (a relative neophyte) have seen your work and it has been a great addition to WP. You deserved all of those votes even if you had made one tenth of the edits you have.
One page that I am proud of is the Rice/Poindexter Case, which describes the case of a pair of former black panther party members currently serving life sentenses in jail in Nebraska. Recently an anon editor made a series of edits to the rarely touched page, mostly copy-edits (I love wikipedia, I have an excuse not to use spell check, and others will clean up my messes). However the anon also removed references to the racial make-up of the jury (see line 26). The user has made similar PC type edits to pages before , most of which were reverted. I am not sure if I should change the information back (probably after making a note on the article's talk page and/or on the anon's talk page). What do you think? Is the racial make-up of the jury important in an article like this? I appreciate your advice. Smmurphy(Talk) 02:27, 10 December 2005 (UTC)
Yet Another Legal Question For You
How does it feel to be the a known landshark on Wikipedia? =)
I know you're not involved with criminal law, but I'm hoping you can shed some light on a question that's come up on an article involving an executed death row inmate. The full question on the talk page is here. The short version is: When is it proper or improper to use the word "alleged" in conjunction with a crime? My assertion is that once a verdict has been rendered, "alleged" is no longer properly used in a public context (such as a newspaper article or, more relevantly, an encyclopedia).
Is that true that it is v.? Its just that with R v Murdoch it had no . Is that different from Australia to USA? I know that there are small differences between laws in different countries, but I thought it was a bit odd for a dot to be the difference. Zordrac (talk) Wishy Washy Darwikinian Eventualist 07:18, 12 December 2005 (UTC)
Are you a legal practitioner? I studied law, but never actively practised. I had a problem with ethics. :). Never stopped my interest though. Maybe we should chat sometime. Zordrac (talk) Wishy Washy Darwikinian Eventualist 12:55, 12 December 2005 (UTC)
It's been enquired of me whether there is a copyright claim in a photo of both sides of an ancient Macedonian coin, such as this. What's your thinking on such things?
I know the current tag is no good; the email underlying it doesn't give anything like the permission the tag implies. If there is a copyright claim, would we have a reasonable FU claim in an article such as the one it currently appears in? Thanks. -Splashtalk 17:06, 12 December 2005 (UTC)
Wikipedia:Administrators' noticeboard#Talk:Sex and the City could use your input. android79 18:01, 12 December 2005 (UTC)
McCleskey v. Kemp
Please contribute to the discussion. Uncle G 20:11, 11 December 2005 (UTC)
Hey BD, I just want to point out that Unclean hands can be used as a defense of almost any equitable cause of action, not just in contracts. I think that it's often taught there, but it certainly arises in cases of fraud, trademark infringement, etc. I'm not sure that the contract template is entirely appropriate. Perhaps an "equity" template would be better--eg. a section of equitable defenses. mmmbeerT / C / ? 18:10, 12 December 2005 (UTC)
Nice work. Good response to BB69's nonsense. --Macrakis 22:29, 12 December 2005 (UTC)
(link removed) has personal information on wikipedia editors who may or may not have released this information themselves, if they did not what is the legal status of such a posting? I assume its legal, but what requirements must be met? What if one of the posted users is a minor? Thanks,
Hey BD, the article on Warez has a section on Legality that is pathetic... The entire section is:
Copyright infringement is sometimes a civil wrong or a crime, depending on the country and jurisdiction. However, there are exceptions and loopholes in some countries.
PLEASE, PLEEEEEEAAAASE help put something better here, IANAL, and have no real access to material other than webcontent re:Copyright/International Copyright... as you seem to be a specialist in said fields I would greatly appreciate your expertise here. ALKIVAR™ 22:35, 14 December 2005 (UTC)
Yes, I've realized this. These were also chucked out when I knew about fair use. I don't have much time to spare right now, but next time I get on I'll take care of them (and no, I strongly doubt there'd be a PD image). Redwolf24 (talk) Attention Washingtonians! 07:15, 15 December 2005 (UTC)
Just trying to make sure I understand what you're asking for and a bit of why... You are wanting me to add the four to the list you mentioned. I'm guessing that this is in an attempt to give them a bit more visibility, so that we can have articles made for them at some point down the road, correct? - TexasAndroid 19:32, 15 December 2005 (UTC)
I bow to your superior judgment, although I do find it distracting to find irrelevant text nesting in any page. I suppose that, at some point, the subsumed material is built up into a sufficient volume to justify its own page. For example, I am going to do pages on monism (law) and dualism (law) in the next day or so and propose to disambiguate those words ab initio.
Pinging everyone's favorite IP attorney: would you consider removing a vandal's entries from a page history (such as GWB) be in violation of the GFDL? The GFDL requires all authors to be listed, but is a vandal an author? Is there any relevant precendent for that? That's being talked about at Semi-protection policy, with the infamous IANAL acronym being thrown around, so it'd be better to get the opinion of an actual lawyer... (P.S: have you considered joining the juriwiki?) Titoxd(?!? - did you read this?) 20:22, 18 December 2005 (UTC)
A question about case citations
I noticed you wanted to add case citations, etc. to court cases... (starting with Supreme Court of United States cases). Is there a repository of cases that are missing citations? Is the Wikiproject Law confined to U.S. law? Thanks. --LV (Dark Mark) 18:56, 20 December 2005 (UTC)
statute of frauds
The statute of frauds page needs a lot of work First, the U.C.C. applies only to the sale of goods and it has its own statute of frauds. The common law also has its own statute of frauds. The page mixes the two. Two pages should be created; one for the common law statute of frauds and one for the U.C.C. statute of frauds. But I don't have time to do this right now.
Presumption: a step too far?
I would value your review of Criminal jurisdiction. I have tried to clarify the earlier draft and have presumed to write about the U.S. system. Thanks in advance. David91 02:09, 22 December 2005 (UTC)