Word: laws
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judges say what the law is, but the law is not what the judges say it is. the law is above them, as it is above me. i answer to it, as they –Charles Nesson’s Twitter, April...
...illegal: this was hardly in doubt. But by demanding a trial, Nesson and his clients were hoping to make a start on changing that—tapping the power of a little-used legal prerogative known as “jury nullification.” In old English common law, if a jury felt that a particular law was destructive to liberty, it could refuse to render a guilty verdict on the basis of that law—the effect being to side-step the question of whether a particular action is illegal by indicting the law itself. Nullification...
...Thomas Jefferson, reads as a glowing testament to the power of the jury. It is the “ultimate check,” a protector of “liberty,” a “bulwark” against slavish adherence to the letter of the law. It is, in short, precisely what is needed for the success of someone like Nesson, a man who advocates for causes that hinge on breaking the laws as they currently stand. A belief in the power of the jury is what makes it worthwhile for Nesson to remind his students...
Eventually, he makes his way to cyber law. There’s two branches, he says. “One half is all the law that’s generated by all the courts that deal with all the lawyers that have run into the courts to try and stop the future,” he says. But for Nesson, the future is something to be invited. "There’s another side, completely different and forward-looking, which is not how do you stop [the future], but how do you reshape it in order to thrive….That?...
...deposition of Joel Tenenbaum, alleged file-downloader, alleged file-sharer, took place at 9:15 on a Wednesday morning late last September, in the skyscraper-bound Boston law offices of the commercial law firm Robinson and Cole. Just steps away, in a small Starbucks coffee shop situated right off the windswept brick pavement of Government Center square, the notoriously quirky Harvard Law professor Charles R. Nesson ’60, still in his first week representing Tenenbaum, prepped his young client in the moments before the encounter...