Category: At Home

April 27th, 2011

The Privilege of the Writ

“The Privilege of the Writ: The Supreme Court and Post-9/11 Detainee Habeas Corpus Entitlement” is a paper I wrote in 2010. In some ways it is a follow-up to my 2009 Kiyemba posts, Parts I and II. But mainly it’s a survey of Habeas Corpus law before and after 9/11. The full paper can be accessed on SSRN.

Abstract: Habeas corpus is the right to challenge one’s detention in a court of law. Prior to 9/11, habeas corpus jurisprudence erected a framework of entitlements that vary according to a person’s location, citizenship, and alleged crimes. Plotted on a timeline of American history, many of the landmark cases that progressively articulated this framework are clustered around wartime, and the entitlement conventions that obtained reflected the terminology of traditional warfare. After 9/11, as the nature of warfare and enemies evolved, and the Executive claimed unprecedented authority to detain enemy combatants, Guantanamo Bay became the extraterritorial detention facility of choice. Beginning in 2004, the Supreme Court responded with a series of cases that created a minimal but definite foundation of habeas corpus entitlement and due process for Guantanamo detainees. This article looks primarily at these post-9/11 cases, the traditional notions of habeas corpus upon which they are predicated, and the possible shortcomings they evidence relative to Guantanamo and to other extraterritorial detention facilities. Full text on SSRN.

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Posted in At Home, Politics  |  No Comments

April 26th, 2011

Contract Law Flow Chart

Contract Law FlowchartThis ridiculous flow chart is a study tool I made for a business law class I took a while back. It covers the basics of contract law in the United States, including common law contracts, Uniform Commercial Code (UCC) contracts, and the basic requirements and terminology associated with contracts. My main sources were Clarkson’s Business Law: Text and Cases and the U.C.C.

Warning: I disclaim any and all expert and non-expert knowledge of all laws of any kind, real or imaginary, especially contract law. Do not, under any circumstances, use this document for any consequential matters. As with everything else on this blog, it is posted for the sole purpose of my own entertainment.

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Posted in At Home  |  16 Comments

Chinese Character Yong A short exploration of the history, controversy,  and possible future of China’s dualistic written language. And the perspective of a student trying to balance an appreciation for culture with a desire to learn the language sometime in his lifetime. 

Introduction

Many centuries of history form the foundation of logographic written Chinese. But it is only in the last sixty years that we have seen the bifurcation of that character system, and the debate that inevitably followed, when the Communist government in the late 1950s introduced what would be known as the set of simplified characters, officially eliminating the use of the previous character set (now known as traditional characters) in mainland (People’s Republic of) China. Since many were opposed to this significant change, and because other Chinese-speaking entities continued using traditional characters, the debate over simplified versus traditional characters began immediately and continues today. Now, as modern technology and globalization wield ever more influence over an ancient culture, novel arguments lend further intrigue to an already fascinating political and linguistic question.

read more …

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Posted in At Home  |  No Comments

Summary: Leave P2P, iTunes, and wasted plastic behind. When you can’t get your mp3s from an independent distributor like CDBaby, Amazon offers high-quality mp3s without DRM. It’s time to start buying music again.

Out here, in the world, far from the offices of RIAA executives and their overzealous lawyers, plodding along ignorant of the many layers that exist between ourselves and the artists, are the people who listen to music. We don’t want much. Access to music we like. At a fair price. And seriously, no DRM.

First, let’s be clear. Despite my utter frustration with the state of the digital music market in recent years, I have never been an advocate of stealing music. As you can see from my previous post, I take intellectual property seriously and I don’t play nice when people steal from me. So this is in no way a defense of music piracy. I get why people turned to stealing music though. For many of them, it was the same reason I mostly gave up procuring new music altogether for several years. But for those of us who never objected to paying a fair price for a fair product, I think the market is finally catching up with us …

read more …

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Posted in At Home  |  2 Comments

Update 3: April 4, 12.22pm: This article is now the #1 Google result for a search for ‘Virtisys’. Thanks everybody!

Update 2: March 24, 6.42pm: I think we won this battle. The Vertisys site was moments ago replaced with a redirect to the “Rick Roll” video on YouTube, then shortly thereafter disappeared altogether. Thanks to everyone who emailed, commented, and notified SoftLayer of the copyright infringement. I’m really encouraged by the response I got and happy that we were able to help protect bloggers from having their content stolen.

Update 1: March 24, 4.31pm: My article has been removed. Several other bloggers whose content was used on virtisys.com have contacted me expressing their intent to complain to SoftLayer.

Completely by accident today I discovered that a website I’d never heard of – www.virtisys.com (note the spelling; I am not talking about Vertisys, an entirely separate company) – was syndicating my blog content. Quite obviously I don’t mind if people do that, as evidenced by the links to various syndication services beneath each of my posts. It’s part of how blogging works and how people discover each other on the Internet. But this is different. Unlike digg, del.icio.us, and every other syndication service out there, Virtisys aren’t crediting me. They aren’t linking back to my original post. They aren’t even acknowledging that the post is a syndication. There is a different name for what they’re doing and it is stealing.

They might be doing it to you too. It appears their entire content base is made up of articles by blog authors from all over the world. All of them are technology focused, all of them (as far as I can tell) are WordPress users, and none of them are given credit for their work.

Virtisys provides no contact information on their website, or in their domain registration records, so I have sent a notice of copyright infringement to SoftLayer, their hosting services company, asking them to remove the offending content. To the extent that I have time today, I am also notifying other bloggers whose content is being stolen. That isn’t always easy because Google searches don’t always locate the original source, but I’ve already had a great response from one person (Remko at EvilCoder) who intends to file a similar complaint with SoftLayer.

Just in case you’re reading this on Virtisys or anywhere else right now, you can find my original post at j.modjeska.us. And by the way, no-talent ass-clowns over at Virtisys, I’ve discovered a number of really interesting people and blogs through your site. You’d have a really nice service there if you’d just credit the authors and provide links back to the original works instead of blatantly ripping us off.

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Posted in At Home  |  11 Comments