Topic: Law (Page 8)
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π Small penis rule - a strategy used by authors to evade libel lawsuits
The small penis rule is an informal strategy used by authors to evade libel lawsuits. It was described in a New York Times article in 1998:
"For a fictional portrait to be actionable, it must be so accurate that a reader of the book would have no problem linking the two," said Mr. Friedman. Thus, he continued, libel lawyers have what is known as "the small penis rule". One way authors can protect themselves from libel suits is to say that a character has a small penis, Mr. Friedman said. "Now no male is going to come forward and say, 'That character with a very small penis, that's me!'"
The small penis rule was referenced in a 2006 dispute between Michael Crowley and Michael Crichton. Crowley alleged that after he wrote an unflattering review of Crichton's novel State of Fear, Crichton included a character named "Mick Crowley" in the novel Next. The character is a child rapist, described as being a Washington, D.C.-based journalist and Yale graduate with a small penis.
π Brinkley Act: Bans US broadcasters from being connected to a Mexico transmitter
The Brinkley Act is the popular name given to 47 U.S.C. § 325(c) (originally section 325(b) of the Communications Act of 1934). This provision was enacted by the United States Congress to prohibit broadcasting studios in the U.S. from being connected by live telephone line or other means to a transmitter located in Mexico.
Prior to World War II, Dr. John R. Brinkley controlled a high-power radio station, XERA, located in Ciudad AcuΓ±a, Coahuila (Acuna City), on the U.S.-Mexican border, across the Rio Grande from Del Rio, Texas. The programs on Brinkley's stations originated from studios in the US, which were connected to his transmitters via international telephone lines. Brinkley ran a popular but controversial program offering questionable medical advice to his listeners. Since Brinkley's transmitters were licensed in Mexico, which at the time had very limited regulation of broadcast content, his broadcasting licenses could not be directly threatened by the US government.
Dr. Brinkley's activities at his studio were thought to be a local matter, outside Congress's regulatory powers. However, the communications between the studio and his transmitters clearly involved international commerce and were therefore within Congress's power to regulate under the Commerce Clause. The operative language is as follows:
- No person shall be permitted to locate, use, or maintain a radio broadcast studio or other place or apparatus from which or whereby sound waves are converted into electrical energy, or mechanical or physical reproduction of sound waves produced, and caused to be transmitted or delivered to a radio station in a foreign country for the purpose of being broadcast from any radio station there having a power output of sufficient intensity and/or being so located geographically that its emissions may be received consistently in the United States, without first obtaining a permit from the Commission upon proper application therefor.
The law goes on (47 U.S.C. § 325(d)) to state that the legal process for requesting such a permit is the same as that for requesting or renewing a license for a domestic station.
Although the original purpose of the Brinkley Act was to shut down a broadcaster, such applications are today granted as a matter of course, and a number of US broadcasters are permitted to program Mexican stations from their US studios in communities such as San Diego, California and Brownsville, Texas, where as many as a third of the stations in each radio market are licensed in Mexico. In recent years the law has returned to prominence, as its provisions have been used to extend US ownership limits to Mexican stations leased by US broadcasters.
Discussed on
- "Brinkley Act: Bans US broadcasters from being connected to a Mexico transmitter" | 2021-07-21 | 11 Upvotes 1 Comments
π Exception That Proves the Rule
"The exception that proves the rule" (sometimes "the exception proves the rule") is a saying whose meaning is contested. Henry Watson Fowler's Modern English Usage identifies five ways in which the phrase has been used, and each use makes some sort of reference to the role that a particular case or event takes in relation to a more general rule.
Two original meanings of the phrase are usually cited. The first, preferred by Fowler, is that the presence of an exception applying to a specific case establishes ("proves") that a general rule exists. A more explicit phrasing might be "the exception that proves the existence of the rule." Most contemporary uses of the phrase emerge from this origin, although often in a way which is closer to the idea that all rules have their exceptions. The alternative origin given is that the word "prove" is used in the archaic sense of "test". In this sense, the phrase does not mean that an exception demonstrates a rule to be true or to exist, but that it tests the rule, thereby proving its value. There is little evidence of the phrase being used in this second way.
Discussed on
- "Exception That Proves the Rule" | 2019-05-05 | 10 Upvotes 2 Comments
π Blackstone's Ratio
In criminal law, Blackstone's ratio (also known as the Blackstone ratio or Blackstone's formulation) is the idea that:
It is better that ten guilty persons escape than that one innocent suffer.
As expressed by the English jurist William Blackstone in his seminal work, Commentaries on the Laws of England, published in the 1760s.
The idea subsequently became a staple of legal thinking in Anglo-Saxon jurisdictions and continues to be a topic of debate. There is also a long pre-history of similar sentiments going back centuries in a variety of legal traditions. The message that government and the courts must err on the side of innocence has remained constant.
π Battle of Athens (1946)
The Battle of Athens (sometimes called the McMinn County War) was a rebellion led by citizens in Athens and Etowah, Tennessee, United States, against the local government in August 1946. The citizens, including some World WarΒ II veterans, accused the local officials of predatory policing, police brutality, political corruption, and voter intimidation.
π Pheasant Island belongs to Spain and France in alternating 6 months periods
Pheasant Island (French: Γle des Faisans/Γle de la ConfΓ©rence, Spanish: Isla de los Faisanes, Basque: Konpantzia) is an uninhabited river island in the Bidasoa river, located between France and Spain, whose administration alternates between both nations.
π List of Botched Executions
A botched execution is defined by political science professor Austin Sarat as:
Botched executions occur when there is a breakdown in, or departure from, the 'protocol' for a particular method of execution. The protocol can be established by the norms, expectations, and advertised virtues of each method or by the governmentβs officially adopted execution guidelines. Botched executions are 'those involving unanticipated problems or delays that caused, at least arguably, unnecessary agony for the prisoner or that reflect gross incompetence of the executioner.' Examples of such problems include, among other things, inmates catching fire while being electrocuted, being strangled during hangings (instead of having their necks broken), and being administered the wrong dosages of specific drugs for lethal injections.
Discussed on
- "List of Botched Executions" | 2024-01-26 | 10 Upvotes 1 Comments
π Prawo Jazdy (Alleged Criminal)
"Prawo Jazdy" was a supposed Polish national who was listed by the Garda SΓochΓ‘na in a police criminal database as having committed more than 50 traffic violations in Ireland. A 2007 memorandum stated that an investigation revealed prawo jazdy [Λpra.vΙ Λjaz.dΙ¨] to be Polish for 'driving licence', with the error arising due to officers mistaking the phrase, printed on Polish driving licenses, to be a personal name while issuing traffic tickets.