organization:us supreme court

  • The Novartis Decision: A Tale Of Developing Countries, IP, And The Role Of The Judiciary | Intellectual Property Watch
    http://www.ip-watch.org/2013/04/15/the-novartis-decision-a-tale-of-developing-countries-ip-and-the-role-of-th

    The worldwide attention received by the Indian SC ruling and its global implications could represent a turning point. For decades, scholars and students from all over the world spent a considerable time studying decisions by judicial authorities in industrialised countries, in particular those of the US Supreme Court. Several of these decisions marked the emergence of new trends and approaches to intellectual property that, in some cases, would be subsequently incorporated into international agreements and would also heavily influence intellectual property legislations in developing countries.

    The Novartis decision might be spearheading a world where judicial decisions from countries such as China, India and Brazil have an increasing global reach and contribute to shaping global approaches to intellectual property. It is also more generally reflective of the growing assertiveness of developing countries, particularly emerging economies, in the current global intellectual property landscape. In the past two years, opposition from these countries was an important factor in the broader mobilization that led to the de facto demise of the Anti-Counterfeiting Trade Agreement (ACTA).


  • DOMA lawyer uses 1885 case to support the law | Gay Star News
    http://www.gaystarnews.com/article/doma-lawyer-uses-1885-case-support-law290912

    DOMA lawyer uses 1885 case to support the law
    DOMA support rests on 19th century polygamy statute
    29 September 2012 | By James Withers
    Paul D. Clement.jpg

    The lawyer defending the Defense of Marriage Act is using an 1885 polygamy case as one of the reasons why the US federal government cannot honor gay marriages.

    Paul Clement was in a New York court this week supporting DOMA’s language. The law was passed in 1996 and prohibits the US government from recognizing same-sex marriages, even in states where such unions are legal.

    According to Buzzfeed, the lawyer pointed to an 1885 US Supreme Court case involving polygamy in the then Utah territory. The court wrote that the traditional definition of marriage, one man and woman, is ’"the sure foundation of all that is stable and noble in our civilization; the best guaranty of that reverent morality which is the source of all beneficent progress in social and political improvement.’

    Clement’s clients are the Republican leaders of the US House of Representatives. They have defended DOMA cases ever since 2011 when President Barack Obama informed the Justice Department not to argue for the constitutionality of DOMA. The House may support laws, in courts, if the president refuses to do so.

    In this Second Circuit Court of Appeals case, a Edith Windsor maintains DOMA is unconstitional. The widow is suing because she was required to pay a $350,000 federal estate tax bill. The government does not recognize her marriage to a woman.


  • Peine de mort Etats-Unis

    Texas executes mentally disabled death row prisoner
    http://www.wsws.org/articles/2012/aug2012/wils-a08.shtml

    By Kate Randall
    8 August 2012

    The barbarity of the US death penalty system was on display last night when the state of Texas executed the second mentally disabled death row prisoner in less than three weeks. Marvin Wilson, 54, was sent to his death after the US Supreme Court failed to grant him a stay of execution, ruling less than two hours before his lethal injection was set to begin.

    Wilson was killed by a lethal dose of the sedative pentobarbital injected into his veins by prison authorities at about 6 p.m. local time. Death row prisoner Yokamon Hearn was put to death on July 19, the first Texas prisoner to be executed utilizing the new one-drug protocol.


  • EXCLUSIVE: DoD Report Reveals Some Detainees Interrogated While Drugged, Others “Chemically Restrained”
    http://truth-out.org/news/item/10248-exclusive-department-of-defense-declassifies-report-on-alleged-drug

    Detainees in custody of the US military were interrogated while drugged with powerful antipsychotic and other medications that “could impair an individual’s ability to provide accurate information,” according to a declassified Department of Defense (DoD) inspector general’s report that probed the alleged use of “mind altering drugs” during interrogations. In addition, detainees were subjected to “chemical restraints,” hydrated with intravenous (IV) fluids while they were being interrogated and, in what appears to be a form of psychological manipulation, the inspector general’s probe confirmed at least one detainee - convicted “dirty bomb” plotter Jose Padilla - was the subject of a “deliberate ruse” in which his interrogator led him to believe he was given an injection of “truth serum.”


  • Arizona v. United States

    Supreme Court unanimously upholds antidemocratic attack on immigrant workers

    http://www.wsws.org/articles/2012/jun2012/ariz-j26.shtml

    By Kevin Kearney
    26 June 2012

    Issuing its decision Monday on Arizona v. United States, the US Supreme Court unanimously upheld the core provision of Arizona’s anti-immigrant law—SB 1070—that requires police officers to check the immigration status of anyone they stop for questioning or detention if there is a “reasonable suspicion” the individual is an illegal alien.

    The law effectively grants police wide discretion to stop and seek the deportation of anyone who “appears to be” an illegal immigrant and is not carrying state-issued identification. It is an open invitation to racial profiling and the systematic harassment of Hispanic, Asian and other immigrant groups.


  • What if democracy is just an illusion? - Opinion - Al Jazeera English
    http://www.aljazeera.com/indepth/opinion/2012/03/2012311123627435712.html

    It’s hard to imagine a better illustration of Marx’s theory of the ruling class than Citizens United, the 2010 case brought before the US Supreme Court in which the majority decided that political action committees (or PACs) cannot be subject to campaign finance laws. PACs do not formally represent candidates and instead, express their own political views. So the money they spend is more like free speech. Therefore, political money is speech protected by the US Constitution’s First Amendment.

    In theory, this is an egalitarian ruling. Any citizen can spend any amount of money to promote or attack any issue they want. But we don’t live in an egalitarian society. As Gore Vidal has said, America is a very good place to live if you have money and property. Not so much if you don’t.

    Now we have 364 so-called super PACs dominating the national political dialogue as candidates compete for the Republican Party’s presidential nomination. These organisations can raise and spend unlimited amounts of money as long as they don’t explicitly endorse or challenge a specific candidate. According to the Center for Responsive Politics, they have raised more than $130m in 2012 and spent almost $75m on attack advertisements carried over broadcast, cable and radio. Of that total amount, 25 per cent comes from just five people.

    What these ads say is less important than their results, one of which is the curious political phenomenon of the zombie candidate. Without a billionaire casino tycoon who keeps obligingly writing checks to a super PAC, former House Speaker Newt Gingrich would have quit a long time ago. Then there are candidates like Mitt Romney who need not be especially good at being candidates. Romney is preternaturally unable to ignite the party’s base, yet he continues winning primaries because his backer, a super PAC called Restore Our Future, has spent $37m in two and a half months, more than any sum spent on any candidate in any election ever.

    Some super PACs don’t even support candidates, but instead attack incumbents. The Campaign for Primary Accountability is spending millions to oust representatives who’d otherwise be safe. Political activity, moreover, isn’t restricted to super PACs. Americans for Prosperity, officially a “non-profit advocacy group”, has supported Tea Party candidates and has launched propaganda campaigns in Wisconsin that touted Governor Scott Walker’s austerity measures and newly passed anti-union laws. Americans for Prosperity is funded by libertarians Charles and David Koch, brothers whose combined worth is estimated to be about $50bn. Instead of targeting politicians vying for public office, the Kochs are taking aim at ordinary middle-class workers who might otherwise have reason to believe in the American Dream.

    Columnist EJ Dionne of the Washington Post summed it up when he wrote:

    Oh, yes, it works nicely for the wealthiest and most powerful people in the country, especially if they want to shroud their efforts to influence politics behind shell corporations. It just doesn’t happen to work if you think we are a democracy and not a plutocracy.

    And perhaps there’s the real problem. If you believe the US is a democracy, if you believe in the rule of the many and not the rule of the few, then the Citizens United ruling could not be more troubling. But what if this is not a democracy? What if this, as Dionne suggests, is an oligarchy of billionaire capitalists? More horrible to ponder, what if democracy is yet more intellectual cover, another one of those illusions, for the exploitation of American workers?

    Then the theory of the ruling class fits perfectly. Citizens United and the United States were made for each other.


  • Video Game Addiction : Does It Occur ? If So, Why ? | Psychology Today
    http://www.psychologytoday.com/blog/freedom-learn/201202/video-game-addiction-does-it-occur-if-so-why

    Mike Langlois, who teaches a course in psychotherapy at my university, describes himself as a game-friendly psychotherapist. He works with clients who play video games, and he believes that many are suffering not from the gaming itself but from the stigma associated with it. People play games because they are challenging, fun, and conducive to social interaction with other gamers; but they are bombarded by messages from the larger culture suggesting that gaming is a sign of laziness, is “addictive,” and leads to all sorts of ill effects, and so they become concerned about their gaming. People who spend similar amounts of time at chess, or reading English literature, or skiing, don’t get these messages. The messages themselves, according to Langlois, can produce distress in gamers. As Langlois puts it, “The stereotype presents the gamer as apathetic and avoidant of any work or investment. One thing we know about stereotypes is that they can be internalized and lead to self-fulfilling negativism, and I’ve come to hear gamers refer to themselves as lazy slackers.”

    #jeux_vidéo



  • The Supreme Court’s Video Game Ruling: Yes to Violence, No to Sex
    http://www.thenation.com/article/161741/supreme-courts-video-game-ruling-yes-violence-no-sex

    This American life of ours has long been pro-violence and anti-sex, unless the two can be merged so that violence is the dominant theme. The US Supreme Court reaffirmed that historical record on Monday in declaring California’s ban on the sale of violent video games to minors unconstitutional while continuing to deny constitutional protection to purely prurient sexual material for either minors or adults.