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Our favorite quotes: Rutherford B. Hayes

rutherfordbhayes.jpegLaw without education is a dead letter. With education the needed law follows without effort and, of course, with power to execute itself; indeed, it seems to execute itself.

Rutherford Birchard Hayes (1822–1893), U.S. president: Diary and Letters of Rutherford Birchard Hayes: Nineteenth President of the United States, vol. IV, p. 103, ed. Charles Richard Williams, The Ohio State Archaeological and Historical Society, 5 vols. (1922-1926), Diary (January 23, 1883).

States may not ban interracial marriage: June 12, 1967

lovings.jpegJune 12th marks the anniversary of the US Supreme Court’s 1967 decision in the civil rights case Loving v. Virginia. The case involved Virginia’s so-called Racial Integrity Act of 1924, which banned inter-racial marriages. In a unanimous decision, the Court held that distinctions drawn according to race were generally “odious to a free people” and were subject to “the most rigid scrutiny” under the Equal Protection Clause. The Court rejected the state’s argument that the statute was legitimate because it applied equally to both blacks and whites and found that racial classifications were not subject to a “rational purpose” test under the Fourteenth Amendment. The decision ended all race-based legal restrictions on marriage in the United States.

Intellectual property: definition of the day

ip.jpeg Intellectual Property is a broad class of property, similar to ‘real estate’ (land), and ‘chattels’ (movable physical goods). It generally includes four very different kinds of rights: Patent, Copyright, Trademark, and trade secrets (which is traditionally found within the unfair competition heading).

Patents and copyrights are regulated by Congress, through the Patent and Trademark Office. Trademarks are regulated both by the US Congress and by State laws. Trade secrets are primarily regulated at the State level.

Our favorite quotes: Thomas Aquinas

stthomas.jpegLaw is nothing other than a certain ordinance of reason for the common good, promulgated by the person who has the care of the community.

Thomas Aquinas (c. 1225–1274): Summa Theologiae, I-II, q. 90, art. 4 (c. 1077-1078).

Constitutional right to privacy: June 7, 1965

privacy.jpegMost Americans consider privacy one of their most prized rights, yet the word isn’t even mentioned in the United States Constitution. It wasn’t until June 7, 1965 that the Supreme Court ruled in Griswold v. Connecticut that the Constitution protected a right to privacy. The case involved a Connecticut law that prohibited the use of contraceptives. By a vote of 7-2, the Supreme Court invalidated the law, reasoning that certain guarantees within the Bill of Rights create penumbras, or zones, that establish a right to privacy. According to the Court, the First, Third, Fourth, and Ninth Amendments together create a new constitutional right, the right to privacy in marital relations. The case remains one of the Court’s most hotly debated rulings and led directly to an even more controversial decision in Roe v. Wade (1973).

Our favorite quotes: James Madison

madison.jpegIt will be of little avail to the people, that the laws are made by men of their own choice, if the laws be so voluminous that they cannot be read, or so incoherent that they cannot be understood; if they be repealed or revised before they are promulgated, or undergo such incessant changes that no man, who knows what the law is to-day, can guess what it will be to-morrow.

Attributed to James Madison (1751–1836): The Federalist, ed. Benjamin F. Wright, no. 62, pp. 411–12 (1961).

Our favorite quotes: Edmund Burke

burke.jpegIn all forms of government the people is the true legislator.

Edmund Burke (1729–97): “Tract on the Popery Laws,” chapter 3, part 1, The Works of the Right Honorable Edmund Burke, vol. 6, p. 320 (1899).

On the horizon

florence.jpegSome of us here at the LII are already looking forward to the 9th International Law via the Internet Conference in October 2008. Part of the reason — but only part of the reason, really! — is that the Conference will be held in Florence, Italy, the home town of its host, L’Istituto di Teoria e Tecniche dell’Informazione Giuridica (the Institute of Legal Information Theory and Techniques). We met the ITTIG folks for the first time last year at the conference in Montreal, and we found them to be fun and knowledgeable colleagues. We have much in common and much to learn from each other, and the conference will be a good chance to talk more about what we can work on together.

The International Law and the Internet Conference is an annual event of the Legal Information Institute network that explores progress and emerging problems related to new technologies and law. Cornell’s Legal Information Institute was the first LII, but since we began operation in 1992 the name has been widely adopted by other projects that also provide free online access to legal information. The meeting in Florence will focus on ways in which the use of new technologies can become an irreplaceable tool of democracy for the citizens of the e-society.

Our favorite quotes: Niccolò Machiavelli

machiavelli.jpegBecause just as good morals, if they are to be maintained, have need of the laws, so the laws, if they are to be observed, have need of good morals.

Niccolò Machiavelli (1469–1527): Discourses on the First Decade of Titus Livius, trans. Allan Gilbert, book 1, chapter 18, p. 241 (1965).