By Carlyn Kolker
The Medium is the message
5/2/12
Tuesday, as we reported, was Law Day, and many judges and
lawyers took to old school forms of communication - the podium,
the newspaper opinion pages - to reach out to citizens about the
importance of the rule of law. So we have to hand it to two
judges on the District of Columbia Superior Court and the D.C.
Court of Appeals, Lee Satterfield and Eric Washington, for
taking to Twitter. The judges spent an hour on the social media
site on Tuesday, the Blog of Legal Times reports, answering
questions about everything from cameras in the courts (not
allowed) to -- talk about meta -- whether tweeting was allowed
(unclear). And for the record: Law Day does not mean the other
days of the year are about lawlessness (a reporter asked if that
was the case). "Just like Mother's Day, Law Day is one day to be
thankful that the rule of law is cherished in this country," the
judges Tweeted.
Lesson learned?
5/2/12
One of the biggest and complex pieces of litigation right
now is an environmental lawsuit by indigenous Ecuadoreans
against Chevron. The case, which alleges that the energy giant
contaminated the Amazon jungle, has spilled out across two
continents and dragged on for years. So when the highest court
in Chile last week suspended government approval for a mining
project in the north of Chile, the news caught our attention.
The court's reasoning was particularly resonant: because
Canadian mining group Goldcorp failed to consult indigenous
groups on the enviornmental impact of the project, a requirement
of Chilean law, according to the Santiago Times. Goldcorp, in a
statement quoted by the newspaper, said it would work with the
Chilean Environmental Evaluation Service to "ensure deficiencies
are fully and appropriately addressed."
You've got mail
5/2/12
We have to admit, when it comes to corporate behemoths
versus the executive branch, we tend to think of the big
companies of the world versus the usual suspects: the DOJ, the
SEC, etc. But it turns out that there has been a fight brewing
for years between tech giants Google and Microsoft and the
Department of Interior. At issue was which company the agency
would choose for some of its contracts for email systems,
according to NetworkWorld. In 2010, Google sued Interior over
the systems contract, saying the parameters unfairly favored
Microsoft. Google dropped the lawsuit the following year, but it
looks like the search engine giant now has won the war.
According to NetworkWorld, the Interior Department chose Google
for a $35 million, seven-year contract.
The big uneasy
5/2/12
The New Orleans prison system, as we've previously reported,
has been under the microscope. Not only have non-profit legal
groups been suing the system over allegedly unfair conditions,
the U.S. Justice Department, too, has taken the prison warden to
task for conditions at the local jail. The DOJ's New Orleans
dismay is not limited to the jail: Attorney General Eric Holder
gave a speech in Little Rock last week and said his agency is
taking an "overall look" at criminal justice system in New
Orleans, including the police department and possible
prosecutorial misconduct, according to the Times-Picayune. The
justice system is "a system that is in trouble right now,"
Holder said. In other words, stay tuned for some possible DOJ
action about New Orleans cops, courts, prosecutors and jails.
Lawyers targeted
5/2/12
Who's gunning for lawyers in Fort Wayne, Indiana? We don't
know, and apparently neither does the local police. Two
corporate attorneys from law firm Faegre Baker Daniels, a large
Midwestern-based law firm (it is the recent product of a merger
between Minneapolis-based Faegre & Benson and Indianapolis-based
Baker & Daniels) have had their homes shot at in separate
incidents over the past month-and-a-half, the News-Sentinel of
Fort Wayne reports. Neither attorney has been injured, and the
police department is struggling to find a connection between the
two incidents. The law firm will have a "police presence" going
forward, the paper reports.
Starry rights
5/2/12
File this under legal questions we had never pondered
before: can a company claim legal rights to the asteroids it
mines?
Yes, you read that one right. The question has been prompted
by the recent announcement that Planetary Resources, a company
backed by Google founders, has set up a plan to mine asteroids.
But what proprietary rights a private entity has to space's
precious resources is murky, Wired magazine notes. To get to an
answer, one must look at the 1967 Outer Space Treaty (a treaty
Summary Judgments didn't know existed), which says outer space
is "not subject to national appropriation." But, the treaty
doesn't specify what individual rights are, and other provisions
of the treaty and some international laws actually support some
property rights. "Customary international law has essentially
recognized property rights based on possession," Wired writes -
the "founders' keepers" approach to the law.
So what does all this mean for one company's asteroid quests
and the future of outer space jurisprudence? (What circuit would
have jurisdiction over that issue?) Who knows - those may be
questions for my progeny to deliberate over.
Summary Judgments for May 1
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