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Health Care Reform: The Real Winner is The Court

(No, we are not tooting our own horn.) The Supreme Court of the United States’ decision on health care reform last Thursday is surely one of the most important decisions of the century. President Obama, who proposed the law amidst a firestorm of controversy in 2010, seemed cautiously victorious. Despite quashing the individual mandate provision [...]

Golan v. Holder: Redrawing the Boundaries of the Public Domain

For many Internet users, the year started off inauspiciously. SOPA, the Stop Online Piracy Act, was introduced in the United States House of Representatives. It swiftly put websites out of business and people all over the world protested online and on the streets. The United States Supreme Court, rather quietly, came out with their decision [...]

A Decision Is Rendered In GPS Tracking Case, But With No Decisiveness

They have done away with the nightmarish scenes from George Orwell’s 1984. They have done away with the unnerving language of insidious dangers around the corner. They have even done away with hypothetical scenarios involving round-the-clock surveillance of each other. The decision that the nine justices on the United States Supreme Court reached last week [...]

U.S. v. Jones : Tracking Our Expectation of Privacy

The oral argument in the case of U.S. v. Jones before the US Supreme Court started off with an odd imaginative exercise. Chief Justice Roberts asked the court to impose the allegedly unconstitutional actions of the police onto the justices of the Court, and mull over the implications of such an imposition. That is, Chief Justice [...]

Golan v. Holder: Should the US be Singing a New Copyright Tune?

One night, you could listen to Sergei Prokofiev’s “Peter and the Wolf” with your friends, remix it with another tune and then pen a bestselling book titled Peter and the Wolf and Zombies. That would all change in 1994 with the signing of the Uruguay Round Agreements Act, a trade agreement that restored the copyright [...]

Reneging on a Guilty Plea, Citing ADD

It all started at around the time of the terrorist attacks in New York City. He was a prominent dentist. She was an attractive blonde woman. Sitting the dentist’s chair in Dr. Jeffrey R. Burkes’ office in midtown Manhattan, Shari Perl Herman was getting her wisdom teeth removed by Dr. Burkes. It was supposed to [...]

What would Madison think of video games?

During a November oral argument about a California law that would restrict minors from buying violent video games, Justices Antonin Scalia and Samuel A. Alito squared off on constitutional originalism. These two United States Supreme Court justices debated whether the ratifiers of the First Amendment would have included portrayals of violence in video games as [...]

Part 1: Freedom of Information From Osama To Ottawa

As the month of May is quickly coming to an end, theCourt.ca is taking a moment to reflect on the national and international events that have made headlines – from the assassination of Osama bin Laden to the federal elections in Canada (see last week’s post). The former event, particularly bin Laden’s death photos, prompts [...]

Nothing Personal, But There Is No Right to “Personal Privacy” for Corporations in FCC v. AT&T

“We trust that AT&T won’t take it too personally,” wrote Chief Justice Roberts of the U.S. Supreme Court (SCOTUS) regarding the outcome of a case concerning corporate privacy rights. Flowing from a spate of privacy cases at SCOTUS (most notably, Snyder v. Phelps covered by fellow Contributing Editor, Alysia Lau here and our Amici Curiae [...]

No Loss For Words: SCOTUS Sustains First Amendment Protection for Military Funeral Protests in Snyder v. Phelps

Those who have seen Louis Theroux’s BBC documentary, The Most Hated Family in America, and wondered whether Westboro Baptist Church was inevitably headed for a lawsuit, were vindicated when Albert Snyder finally brought the infamous Phelps family to court after they protested at the funeral of his son.  Marine Lance Corporal Matthew Snyder was killed [...]