February 2010: United States Supreme Court Cases

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Sacredness of the constitutional text and interpretative heresy: the Brazilian Supreme Court decision on same-sex civil unions

The paper provides a close lecture of the arguments and methods of legal construction, employed in the extensive individual opinions written by the Justices of the Brazilian Supreme Court in the case which authorized the same sex civil union. After tracing an outline of the legal problem and his possible solutions, we analyze the individual opinions, showing their methodological syncretism, the use of legal methods and arguments in a contradictory way as well the deficiencies in the reasoning. The Justices use legal arguments, but do not meet the requirements of rationality in the decision-making. We have a rhetorical attempt that aims to satisfy the public opinion than to offer a comprehensive and coherent solution according the normative elements of the Brazilian Federal Constitution of 1988.

Information mining and visualization of data from the Brazilian Supreme Court (STF): a case study

EMAp - Escola de Matemática Aplicada

Sacredness of the constitutional text and interpretive heresy: the brazilian supreme court decision on same-sex unions

The paper provides a close lecture of the arguments and methods of legal construction, employed in the extensive individual opinions written by the Justices of the Brazilian Supreme Court in the case which authorized the same sex civil union. After tracing an outline of the legal problem and his possible solutions, we analyze the individual opinions, showing their methodological syncretism, the use of legal methods and arguments in a contradictory way as well the deficiencies in the reasoning. The Justices use legal arguments, but do not meet the requirements of rationality in the decision-making. We have a rhetorical attempt that aims to satisfy the public opinion than to offer a comprehensive and coherent solution according the normative elements of the Brazilian Federal Constitution of 1988.

Under the Crimson Flag: Fahle Burman's Two Trips to the Michigan Supreme Court

Erick Fahle Burman. a Swedish-born, Finnish-speaking labor and political activist, twice had cases argued on his behalf before the Michigan Supreme Court. In People vs. Burman, Burman, along with nine other defendants, had his conviction affirmed by the court and all ten were forced to pay a fine of $25 each for disturbing the peace. In People vs. Immonen, Burman and his co-defendant, Unto Immonen, had their convictions overturned because of improper evidence being admitted in their lower court trial. Though the conviction was overturned, the two men had already spent several months as prisoners at hard labor in Marquette State Prison located in Michigan's Upper Peninsula. Over twenty-five years separate Burman's two trips to Michigan's high court. On the first occasion, his arrest came less than five years after his arrival as an immigrant to the U. S. On the second occasion, his arrest came less than two years after his return to the state after being away for nearly two decades. On both occasions, Burman was arrested for his involvement with red flags. Though separated by decades, these cases, taken together, are important indicators of the state of Finnish-American radicalism in the years surrounding the red flag incidents and provide interesting insights into the delicacies of political suppression. Examination of these cases within the larger career of Fahle Burman points up his overlooked importance in the history of Finnish-American socialism and communism.

Spanish Supreme Court Rules in Favour of Google Search Engine... and a Flexible Reading of Copyright Statutes?

On 3 April 2012, the Spanish Supreme Court issued a major ruling in favour of the Google search engine, including its ‘cache copy’ service: Sentencia n.172/2012, of 3 April 2012, Supreme Court, Civil Chamber.* The importance of this ruling lies not so much in the circumstances of the case (the Supreme Court was clearly disgusted by the claimant’s ‘maximalist’ petitum to shut down the whole operation of the search engine), but rather on the court going beyond the text of the Copyright Act into the general principles of the law and case law, and especially on the reading of the three-step test (in Art. 40bis TRLPI) in a positive sense so as to include all these principles. After accepting that none of the limitations listed in the Spanish Copyright statute (TRLPI) exempted the unauthorized use of fragments of the contents of a personal website through the Google search engine and cache copy service, the Supreme Court concluded against infringement, based on the grounds that the three-step test (in Art. 40bis TRLPI) is to be read not only in a negative manner but also in a positive sense so as to take into account that intellectual property – as any other kind of property – is limited in nature and must endure any ius usus inocui (harmless uses by third parties) and must abide to the general principles of the law, such as good faith and prohibition of an abusive exercise of rights (Art. 7 Spanish Civil Code).The ruling is a major success in favour of a flexible interpretation and application of the copyright statutes, especially in the scenarios raised by new technologies and market agents, and in favour of using the three-step test as a key tool to allow for it.

2.6 Judge William F. Frank, Chief Justice, Missouri State Supreme Court

In February, 1937, the Court, in an opinion by Chief Justice William F. Frank, issued their verdict that supported the Missouri statute that allowed for out-of-state tuition for Missouri blacks to continue their education if the desired program was not offered at Lincoln University Once again, the legal team of Lloyd Gaines was not undaunted.

2.5 Missouri State Supreme Court Building, Jefferson City, Missouri

On December 12, 1936, Charles Hamilton Houston was in Jefferson City, Missouri arguing Gaines’ appeal in front of the Missouri Supreme Court. Houston added some teeth to his argument by adding that neither “the slender hope” that Gaines may someday attend a new law program at Lincoln nor the provision of tuition scholarships to attend an out-of-state law school met the US Constitution’s requirement of equal treatment regardless of race.