On Wednesday morning, I reported to the New York City Criminal Court to be arraigned on charges of disorderly conduct stemming from my arrest during a civil disobedience protest staged outside the office of the governor of New York State, Andrew Cuomo, on March 24th. The day proceeded along lines similar to those I had reported inContinue reading “The Right Body Language For A Court Appearance”
Category Archives: Law and Legal Theory
Prisons And Boarding Schools: The Informer Phenomenon
I’ve made note here, on this blog, on some interesting similarities between prisons and boarding schools: the discipline, the regulation of time, the uniforms, the social dynamics. Yet another similarity may be found in the ubiquity of informers: moles, spies, double-agents, leakers, snitches–call them what you will–conduits for the passage for information to administrative andContinue reading “Prisons And Boarding Schools: The Informer Phenomenon”
Democratic Party No Longer Against Citizens United
I concede the stage today to Glenn Greenwald, who lays out the charge compactly: FOR YEARS, THE Supreme Court’s 5-4 decision in Citizens United was depicted by Democrats as the root of all political evil. But now, the core argument embraced by the Court’s conservatives to justify their ruling has taken center stage in the Democratic primary betweenContinue reading “Democratic Party No Longer Against Citizens United”
Self-Policing In Response To Pervasive Surveillance
On Thursday night, in the course of conversation with some of my Brooklyn College colleagues, I confessed to having internalized a peculiar sort of ‘chilling effect’ induced by a heightened sensitivity to our modern surveillance state. To wit, I said something along the lines of “I would love to travel to Iran and Pakistan, butContinue reading “Self-Policing In Response To Pervasive Surveillance”
The Cannibalism Taboo And Becoming A Ghost
The use of cannibalism in Lon Fuller‘s “The Case of the Speluncean Explorers“–which I assigned as a reading this semester to kick off my philosophy of law class’ take on the nature of law and legal interpretation–is, of course, a deliberate choice to render the circumstances of that fictional case especially dramatic, to place theContinue reading “The Cannibalism Taboo And Becoming A Ghost”
Kathryn Schulz’s Confused Take On The Steven Avery Case
In a rather confused take on the Steven Avery case–the subject of the Netflix documentary Making a Murderer, Kathryn Schultz of the New Yorker writes: “Making a Murderer” raises serious and credible allegations of police and prosecutorial misconduct in the trials of Steven Avery and Brendan Dassey. It also implies that that misconduct was malicious.Continue reading “Kathryn Schulz’s Confused Take On The Steven Avery Case”
Apple’s ‘Code Is Speech’ Argument, The DeCSS Case, And Free Software
In its ongoing battle with federal law enforcement agencies over its refusal to unlock the iPhone, Apple has mounted a ‘Code is Speech’ defense arguing that “the First Amendment prohibits the government from compelling Apple to make code.” This has provoked some critical commentary, including an article by Neil Richards, which argues that Apple’s argumentContinue reading “Apple’s ‘Code Is Speech’ Argument, The DeCSS Case, And Free Software”
Antonin Scalia And His Incoherent, Hierarchy-Loving, Theory Of Constitutional Interpretation
I taught Antonin Scalia‘s writings–as found in his court opinions–on three occasions in my philosophy of law class. His theory of constitutional interpretation–originalism–was incoherent. His aggressive rhetoric, directed at those who would dare petition the highest court of the land for redress, was tasteless. He was a bully, and a blowhard. Like Christopher Hitchens, he willContinue reading “Antonin Scalia And His Incoherent, Hierarchy-Loving, Theory Of Constitutional Interpretation”
The Strange Case Of Anna Stubblefield And Facilitated Communication
The word ‘tragedy’ should not be used lightly. But the case of Anna Stubblefield and the young black man called ‘DJ’ calls out for such an appellation: many lives and two families lie ruined at its core. Stated baldly the facts of the case run as follows: a professor of philosophy, aided by, and reliantContinue reading “The Strange Case Of Anna Stubblefield And Facilitated Communication”
Step This Way For The Deunionized American Workplace
American unions look headed for another legal beating in the US Supreme Court. Pretty soon, we’ll be able to drop all pretense and just advocate beatings until the morale–of American workers–improves. The Supreme Court is about to hand their overseers a slightly thicker, more knotted, whip. Ten Californian teachers have sued their union–on First AmendmentContinue reading “Step This Way For The Deunionized American Workplace”
Samir Chopra 