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	<title>eon &#187; marijuana</title>
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		<title>game of gotcha</title>
		<link>http://blogs.law.harvard.edu/nesson/2008/12/04/game-of-gotcha/</link>
		<comments>http://blogs.law.harvard.edu/nesson/2008/12/04/game-of-gotcha/#comments</comments>
		<pubDate>Thu, 04 Dec 2008 12:12:37 +0000</pubDate>
		<dc:creator>nesson</dc:creator>
				<category><![CDATA[RIAA]]></category>
		<category><![CDATA[american jury]]></category>
		<category><![CDATA[berkmania]]></category>
		<category><![CDATA[beyondbroadcast]]></category>
		<category><![CDATA[liberty]]></category>
		<category><![CDATA[marijuana]]></category>
		<category><![CDATA[obama]]></category>
		<category><![CDATA[poker]]></category>
		<category><![CDATA[rhetorical space]]></category>
		<category><![CDATA[the wire]]></category>

		<guid isPermaLink="false">http://blogs.law.harvard.edu/nesson/?p=604</guid>
		<description><![CDATA[Power plays by the rules only when it suits its purpose
Now the court in Oregon is realizing it has some
Including the power to put their reality back in the face of authority
Power we think comes from on top
Power comes from within
Here’s an article in the new york times about Breyer listening and hearing what the [...]]]></description>
			<content:encoded><![CDATA[<p>Power plays by the rules only when it suits its purpose<br />
Now the court in Oregon is realizing it has some<br />
Including the power to put their reality back in the face of authority<br />
Power we think comes from on top<br />
Power comes from within</p>
<p>Here’s an article in the new york times about Breyer listening and hearing what the Oregon judges are saying, speaking in their lawyer’s language about instructions to the jury, and Souter asking core questions.</p>
<p>Massachusetts, New Hampshire, Oregon<br />
gotta love it</p>
<p>adam liptak</p>
<p>and then Roberts batting clean-up<br />
where’s he from<br />
home run</p>
<p>“Is there a way for us to ensure against a bad-faith response to our decision?”<br />
Justice Souter asked. Chief Justice Roberts had an answer. Get to the issue at the core so that our decision earns respect. The Supreme Court has no troops to enforce its judgments on lower courts. Supreme Court authority is respect for law, which starts with judges understanding the true source of their power.</p>
<p>where is a transcript of this magnificent exchange<br />
where is the audio/video<br />
why do i not have this to teach to my class</p>
<p>today&#8217;s a busy day<br />
here&#8217;s from matt:</p>
<p><strong>Charlie,</p>
<p>I have class from 10am-12:45pm. Other than that I am available.</p>
<p>As a rough note to get things started, here is a (probably non-exhaustive) list of things we need to produce/discuss:</p>
<p>1. Request for leave to file reply to plaintiffs&#8217; opposition to our amended counterclaim (ASAP!)<br />
2. Request for leave to file reply to plaintiffs&#8217; opposition to our motion to add RIAA (ASAP!)<br />
3. Request for leave to file reply to plaintiffs&#8217; opposition to our discovery plan (if we chose to do so, and if that is even possible&#8230; ASAP!)<br />
4. Produce all three of those documents<br />
5. Figure out what to do if we want to appeal the order against Tova to the 3rd Circuit (if we choose to do so)<br />
6. Figure out how to comply with plaintiffs&#8217; proposed discovery plan, because I think Judge Gertner probably will either adopt their plan or a modified version (provided we don&#8217;t/cant reply)<br />
7. Figure out how to prepare all of the discovery stuff we&#8217;ll need to do soon anyway (esp. preparing expert reports on our experts)<br />
8. How we&#8217;re going to handle the hearing in RI, including whether we&#8217;re going to request electronic recording<br />
9. Finalize plans for our motion to allow electronic recording of the D.Mass proceedings<br />
10. Decide how to distribute/coordinate all of this stuff with finals/Xmas break looming</p>
<p>~Matt</p>
<p>from shubham<br />
-For the reply brief on the amended counterclaim (item 1 above):<br />
A. Argue that the court does in fact have inherent federal authority to allow redress for abuse of process.<br />
B. Argue that our state law abuse of process pleadings are sufficient to continue to trial<br />
C. Argue that the first amendment cannot justify their litigation campaign<br />
D. Unconstitutional delegation argument<br />
E. Civil v. Criminal argument<br />
F. Unconstitutional excessive damages argument</p>
<p>from doc searls</p>
<p>Another example of RIAA heartlessness:</p>
<p><a href="http://legalblogwatch.typepad.com/legal_blog_watch/2008/12/callous-lawsuit-of-the-day.html">legal_blog_watch/2008/12/callous-lawsuit-of-the-day.html</a></p>
<p>Cheers,</p>
<p>Doc</p>
<p><a href="http://www.facebook.com/group.php?gid=37707326867&amp;ref=ts"><br />
joel fights back</a></p>
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		<title>party for the poker philosopher</title>
		<link>http://blogs.law.harvard.edu/nesson/2008/07/13/what-hasnt-been-written-yet/</link>
		<comments>http://blogs.law.harvard.edu/nesson/2008/07/13/what-hasnt-been-written-yet/#comments</comments>
		<pubDate>Sun, 13 Jul 2008 10:15:42 +0000</pubDate>
		<dc:creator>nesson</dc:creator>
				<category><![CDATA[liberty]]></category>
		<category><![CDATA[marijuana]]></category>
		<category><![CDATA[obama]]></category>

		<guid isPermaLink="false">http://blogs.law.harvard.edu/nesson/2008/07/13/what-hasnt-been-written-yet/</guid>
		<description><![CDATA[from &#160;andrew at bostondebate.org
4:25 AM (1 hour ago) [jamal 263.JPG]
		Wowowowowowowowoowow
I began play yesterday with 565K chips. My girlfriend was preparing to fly out here to join me. While she was at the airport, I lost most of chips and was down to 135K. I called to warn her that there was a very real danger [...]]]></description>
			<content:encoded><![CDATA[<p>from &nbsp;<a href="mailto:andrew@bostondebate.org" title="mailto:andrew@bostondebate.org">andrew at bostondebate.org</a><br />
4:25 AM (1 hour ago) <a href="http://blogs.law.harvard.edu/nesson/files/2008/07/jamal-263.JPG">[jamal 263.JPG]</a></p>
<p>		Wowowowowowowowoowow<br />
I began play yesterday with 565K chips. My girlfriend was preparing to fly out here to join me. While she was at the airport, I lost most of chips and was down to 135K. I called to warn her that there was a very real danger of my being eliminated before she arrived. She hates flying, and I didn&#8217;t want her to spend five hours on the plane each way for nothing. She still had 20 minutes before boarding, so I told her it was her call and I&#8217;d let her know if anything changed. Twenty minutes later, she sent me a text message: &#8220;On brd. I hv confidence in you. <img src='http://blogs.law.harvard.edu/nesson/wp-includes/images/smilies/icon_smile.gif' alt=':-)' class='wp-smiley' /> &#8221;</p>
<p>Two days later, there are 80 players left, and I am in second place with 4,444,000 chips. We are all guaranteed $77,200. I really don&#8217;t know how I made it through the day at all, let alone with so many chips; my table was so tough, full of really solid players.</p>
<p>This is me with another player named Jamal, we&#8217;ve been friends since we played together two days ago. I got moved to his table at the end of the day, and we both made it through.</p>
<p>Thanks to everyone who&#8217;s called, written, posted, etc. to congratulate me or wish me well. I am somewhere between terrified and exhilarated.</p>
<p>Much love,<br />
Andrew</p>
<p>***</p>
<p>what kind of contest can we imagine<br />
what topic for debate<br />
what form for crafting how the contest comes together<br />
will will bring BOSTON together</p>
<p>all politics is local<br />
tip o&#8217;neill says so<br />
and my senator galluccio who sponsors little league<br />
and dimasi the speaker of our house<br />
and our governor deval<br />
speak for massachusetts<br />
speak for WE the PEOPLE</p>
<p>will@GALLERYxiv</p>
<p>***<br />
look what comes in this morning&#8217;s mail</p>
<p>from &nbsp;<a href="mailto:andrew@bostondebate.org" title="mailto:andrew@bostondebate.org">andrew at bostondebate.org</a></p>
<p>4:38 AM (9 hours ago)</p>
<p>Well, despite starting the day with the second largest chip stack, I ended up getting eliminated from the 2008 World Series of Poker in 35th place, winning $193,000. It&#8217;s hard to complain about that result, and if you told me a week ago that I would do so well, I would have been elated. But once we were down to 79 players and I was in such great shape, I started dreaming of the final table, so it&#8217;s a bit of disappointment. I&#8217;m sure that will pass soon, though.</p>
<p>Overall I made a great run, met a lot of friendly and interesting people, and had a blast. It was even more exciting to have all of you following along and cheering me on. Thanks for all your support,</p>
<p>Andrew</p>
<p>**<br />
PARTY on wednesday at a very cool <a href="http://www.galleryxiv.com/">galleryXIV</a> in the south end where ABRAHAM OBAMA is on display. please invite all in the boston area who have been following you to come and raise a glass to andrew.</p>
<p>Andrew Brokos,  a.k.a. Foucault, the poker philosopher,  did wonderfully at World Series Of Poker. i am hosting a party to celebrate his achievement at <a href="http://www.galleryxiv.com/">galleryXIV</a>  450 harrison st in the south end at 7pm on Wednesday JULY !6 2008. Please come by to see Andrew, hear his stories, experience ABRAHAM OBAMA, have drinks and party.<br />
looking forward to seeing you then.</p>
<p>Charles Nesson, a.k.a. eon</p>
<p>:</p>
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		<title>berkman@10</title>
		<link>http://blogs.law.harvard.edu/nesson/2008/05/20/berkman10/</link>
		<comments>http://blogs.law.harvard.edu/nesson/2008/05/20/berkman10/#comments</comments>
		<pubDate>Tue, 20 May 2008 20:10:31 +0000</pubDate>
		<dc:creator>nesson</dc:creator>
				<category><![CDATA[Brazil]]></category>
		<category><![CDATA[China]]></category>
		<category><![CDATA[IVY]]></category>
		<category><![CDATA[Jah Cure]]></category>
		<category><![CDATA[Jamaica Express]]></category>
		<category><![CDATA[Kevin Wallen]]></category>
		<category><![CDATA[SET]]></category>
		<category><![CDATA[berkmania]]></category>
		<category><![CDATA[beyondbroadcast]]></category>
		<category><![CDATA[family]]></category>
		<category><![CDATA[harvard]]></category>
		<category><![CDATA[jamaica]]></category>
		<category><![CDATA[lessig]]></category>
		<category><![CDATA[liberty]]></category>
		<category><![CDATA[marijuana]]></category>
		<category><![CDATA[nessons evidence]]></category>
		<category><![CDATA[obama]]></category>
		<category><![CDATA[poker]]></category>
		<category><![CDATA[rhetorical space]]></category>
		<category><![CDATA[sapporo]]></category>
		<category><![CDATA[the wire]]></category>
		<category><![CDATA[trust]]></category>
		<category><![CDATA[university]]></category>

		<guid isPermaLink="false">http://blogs.law.harvard.edu/nesson/2008/05/20/berkman10/</guid>
		<description><![CDATA[
i want to thank everybody for coming here today and especially the people who were here from the beginning
eric wiseman
tom smuts
dave marglin
jon zittrain
john perry barlow
larry lessig
alex and wendy
myles berkman
fern and eric saltzman
we are here to talk about the future of the net.
my vision of the future of the net is the same as the vision [...]]]></description>
			<content:encoded><![CDATA[<p><a href="http://cyber.harvard.edu"><img src='http://blogs.law.harvard.edu/nesson/files/2008/05/berkat10.thumbnail.jpg' alt='berkat10.jpg' /></a></p>
<p>i want to thank everybody for coming here today and especially the people who were here from the beginning</p>
<p>eric wiseman<br />
tom smuts<br />
dave marglin<br />
jon zittrain<br />
john perry barlow<br />
larry lessig<br />
alex and wendy<br />
myles berkman<br />
fern and eric saltzman</p>
<p>we are here to talk about the future of the net.</p>
<p>my vision of the future of the net is the same as the vision i enunciated ten years ago.</p>
<p>cyberspace is an integrated media realm of stories told and shared by digitally connected and enabled hearts and minds.<br />
WE are the Future of the Internet. We have good stories to live and to tell.<br />
let us make our stories represent our values of<br />
open code<br />
open access<br />
open talk<br />
open education<br />
let’s bridge the digital divide<br />
let’s build the commons of the net</p>
]]></content:encoded>
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		<title>liberty &#8211; remember me &#8211; remember us &#8211; give thanks for the american jury</title>
		<link>http://blogs.law.harvard.edu/nesson/2007/11/22/remember-me/</link>
		<comments>http://blogs.law.harvard.edu/nesson/2007/11/22/remember-me/#comments</comments>
		<pubDate>Thu, 22 Nov 2007 14:41:06 +0000</pubDate>
		<dc:creator>nesson</dc:creator>
				<category><![CDATA[liberty]]></category>
		<category><![CDATA[marijuana]]></category>
		<category><![CDATA[trust]]></category>

		<guid isPermaLink="false">http://blogs.law.harvard.edu/nesson/2007/11/22/remember-me/</guid>
		<description><![CDATA[A presumption of liberty
Give me liberty or give me death
Live free or die
Liberty
This is what America is supposed to be about
This is the original understanding
Common sense in common wealth
An equilibrium reached by men who had achieved personal liberty and saw the benefits of sharing in community
Framing a constitution to capture in words the very best [...]]]></description>
			<content:encoded><![CDATA[<p>A presumption of liberty<br />
Give me liberty or give me death<br />
Live free or die<br />
Liberty<br />
This is what America is supposed to be about<br />
This is the original understanding</p>
<p>Common sense in common wealth<br />
An equilibrium reached by men who had achieved personal liberty and saw the benefits of sharing in community<br />
Framing a constitution to capture in words the very best of their intelligence expressing all that’s good in life in common without sacrificing their essential personal liberty<br />
Freedom<br />
Freedom with responsibility makes common sense</p>
<p>What do we human have in common<br />
I say common sense</p>
<p>Imagine ourselves as free men and women who sit together to decide what is best for us in common</p>
<p>Common sense says we agree first and foremost that we will not give up what is most precious to us. liberty. At the least we can agree to maintain a presumption of liberty as we thrust ourselves forward into the developing thicket of statutory Law. Understand, we are gathering to create a government which will make statutes. Statutes are made by men for citizens to follow, not to lead. Can we agree then that as we go forward into the thicket of the statutes our government will generate in our future that we proceed with a presumption of liberty against arbitrary override by whim special interest reflected in exercise of legislative and executive power.</p>
<p>Let us articulate as best WE can this presumption in broad strokes of freedom of religion and speech and trial by jury drawn from among us, expressing our underlying commitment to liberty in our own fundamental rules here to be made. Let us leave a presumption of liberty to the future to stand as a beacon above all other presumptions our government may make after this one. This is our foundation and our goal, our original understanding and our polestar to wisdom in the future.</p>
<p>The essential constitutional role of the american jury is to preserve our liberty. To perform this function the jury must be informed of its function, its power, and its responsibility.</p>
<p>the judiciary quite rightly presumes reason and requires only rationality in legislative statutes which do not tread on explicitly articulated constitutional rights. to do otherwise would assert judicial prerogative into legislative sphere. </p>
<p>this means that the judiciary provides no check on legislative statutes which though rational lack wisdom yet are backed by special interest. such statutes intrude upon the liberty of citizens in a manner which the authority of judges does not check. the check for that abuse of citizen liberty in our constitutional system is trial by jury.</p>
<p><big><strong>A JURY OF OUR PEERS</strong></big><br />
a jury of our peers was to have been our protection, the gateway through which legislative edict would have to march before taking a citizen&#8217;s liberty away. </p>
<p>from the vantage of the people, and the subset of us which is the jury in a criminal case, our trial system frames a question to us which we answer with our verdict. the indictment frames a question in terms of the violation of a statute.</p>
<p>what is the question to which we want an answer before we see a man&#8217;s liberty taken away</p>
<p>is it:<br />
(a) did he violate a legislative statute<br />
(b) did he do something covered by a legislative statute that is wrong<br />
(c) did he do something wrong</p>
<p>balance is the essence of our constitutional ideal</p>
<p>    <a href="http://cyber.law.harvard.edu/cyberone/wiki/Marijuana">a massachusetts referendum</a> asserts the legality of possession of small amounts of marijuana<br />
    this is an assertion of legality<br />
    we the people are the keepers of our liberty<br />
    we the people decide whether the legalisms of the law intrude too deeply upon us </p>
<p>we need neither judges and nor legal training to tell us that our liberty is infringed by arbitrary law</p>
<p>    this is not a judgment that requires legal education<br />
    all the logic of education is on the other side<br />
    on this side is the justice in our hearts</p>
<p>it requires our willingness to speak truth from the justice in our hearts</p>
<p>verdict &#8211; speak truth &#8211; guilty or not guilty</p>
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