In Volume 4 of his Commentaries on the Laws of England Blackstone offers an instructive definition of perjury. He defines it narrowly as a false statement of material fact, made in court in front of a judge. He doesn’t count lying in a sworn affidavit, outside the presence of a judge and court, to be criminal perjury. For Blackstone, the
I’ve been getting a lot of calls asking me what I think about the civil Computer Fraud and Abuse Act (CFAA) lawsuit WhatsApp just filed in the Northern District of California against NSO. Below this post are links to my comments in the press. Here’s the complaint: I’m going to elaborate a little more on the complaint because it’s a
The internet turns 50 today. At 10:30pm PT on October 29, 1969 in room 3420 at UCLA the first networked digital data transmission was sent to a computer, 350 miles away, at Stanford University. The computer operator at Stanford replied, and the computer operator in Room 3420 gained access to the computer at Stanford. Prior to this communication between computers
The current presidential administration asserts so much intellectual garbage as valid constitutional theory I feel obligated to speak up. Reasonable people can, and do, disagree about constitutional interpretation. But there are limits to what can rationally be disagreed about, outside of which you’re just in a realm of cynical absurdity. Cynical because those arguing want you to believe that because
I’m just back from client meetings in London. While there I spoke with a Queens Counsel (only 10% of Barristers are “QC”) who shared my mutual love of legal history. I was asking him if there was a bookstore in town where I could get decent copies of the great 17th century English jurist Sir Edward Coke’s (pronounced “cook”) influential
“The current mindset in our federal criminal system is that you are punished if you exercise your constitutional right to a trial. To say nothing of the expense and emotional trauma of going to trial.” Click below to read Tor’s post on the demise of the jury trial at the This Is True Crime blog.
Recently the President suggested that the courts would intervene in his favor if Congress impeached him. Lawyers, scholars, and commentators mocked him for this because the Constitution explicitly places the power to impeach with Congress. But some of the President’s supporters, namely Rudy Giuliani and Alan Dershowitz, argue that judicial review – the power of courts to rule acts of
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