From: Black Unicorn <unicorn@schloss.li>
Date: Sat, 6 Apr 1996 06:32:24 +0800
To: Jim Choate <ravage@ssz.com>
Subject: Re: A new law in the making?
In-Reply-To: <199604050206.UAA01078@einstein.ssz.com>
Message-ID: <Pine.SUN.3.91.960405103144.13105B-100000@polaris.mindport.net>
MIME-Version: 1.0
Content-Type: text/plain


On Thu, 4 Apr 1996, Jim Choate wrote:

> 
> Forwarded message:
> 
> > Date: Thu,  4 Apr 1996 00:24:08 -0500 (EST)
> > From: "Declan B. McCullagh" <declan+@CMU.EDU>
> > Subject: FC: CDA Court Challenge: Update #4
> > 
> > The court wasn't happy with Boe's response. It gave Shea and the
> > government until April 17 to decide to include the entire record of
> > the Philly lawsuit -- and said that if they don't, the court would
> > appoint its *own* computer expert to demo the Net and blocking
> > software on April 30.
> 
> This is a great idea if carried a little farther. Require courts in cases
> using technical or otherwise special evidence to appoint an indipendant
> expert to compare compare with the defence and prosecution experts.

This is a hard thing to do in U.S. courts just because of the way the 
history and jurisprudence of the U.S. legal system works.  That is, the 
neutral finder of fact does not typically participate in investigations 
of his or her own, but relies on the adverse parties to develop truth 
through the clash of their respective interests before him/her.

Many jurisdictions allow an active judiciary in this regard.  Its nearly 
improper in the U.S.

> 
> > litigators who do their homework." (Of course, Taylor conveniently has
> > deluded himself into believing the CDA is constitutional.)
> 
> Are *any* of the current legal actions involved using either the 9th or 10th
> Amendment in their case?
> 
> > We're back in court on 4/12, 4/15, and possibly 4/26.
> 
> Good luck!
> 
> 
>                                                  Jim Choate
>                                                  CyberTects
>                                                  ravage@ssz.com
> 
> 

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