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Author Topic: Legal issues  (Read 53302 times)
Crafty_Dog
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« Reply #200 on: March 01, 2015, 05:54:12 PM »

Ah.

Fair enough  grin
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ccp
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« Reply #201 on: April 18, 2015, 11:37:22 AM »

As a coin collector when I was 8 I read this with interest.   I am ambivalent about the decision and note it reverses a jury decision.  Off the top of my head I am not aware of clearly stolen items being allowed to stay with the descendants of the thief.    On the other hand one could argue he did the world a favor by preserving 10 examples of what are now considered treasures and works of art:

http://www.stuff.co.nz/world/americas/67853550/Rare-Double-Eagle-gold-coins-worth-104m-returned-to-family
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ccp
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« Reply #202 on: April 23, 2015, 08:26:06 AM »

Back in the late 70s I learned that hair could be used as corroborative evidence but not proof.  One could say a hair was consistent with a defendent's or suspect's hair but could not unequivocally say it was a unique match.   That was before DNA analysis.   Since one could get DNA from a hair follicle and maybe even the shaft one would think that hair analysis can make more "unique" matches.   So I don't understand what happened here.   But I am glad this article points out that flawed DNA testing doesn't necessarily mean the suspect is innocent.  One would think after hearing some speak in the media that every time there is no match of DMA therefore the suspect must have been innocent.   

That said if people are convicted and jailed for poor or wrong science that is shocking unto itself.   

http://www.washingtonpost.com/local/crime/fbi-overstated-forensic-hair-matches-in-nearly-all-criminal-trials-for-decades/2015/04/18/39c8d8c6-e515-11e4-b510-962fcfabc310_story.html
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Crafty_Dog
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« Reply #203 on: June 09, 2015, 09:57:06 AM »

Accidental Talmudist

A Jewish merchant in 19th century Ukraine had reached an understanding with a wealthy, non-Jewish landowner to buy a section of his forest for lumbering.

No contract was written, and when the price of lumber fell, the merchant wished to renegotiate the deal, claiming that he was not legally bound by the verbal agreement.

The landowner knew that according to civil law, the merchant was right, so he suggested instead that they take their dispute to the famous Rebbe of Tolna for a decision according to Jewish Law.

The Rebbe listened to both sides, then ruled that although there was no legal contract, the Talmud pronounces a severe curse upon one who breaks a verbal agreement, and that certainly the merchant would not wish to subject himself to this.

The Rebbe therefore found in favor of the landowner.

The landowner was pleased with the decision, but he had a question. ''In our courts there is a much longer process, and if a litigant is displeased with the court's decision, he can appeal to a higher court. And there are several levels of appeals beyond that. Suppose the merchant wished to appeal your decision. What recourse does he have?''

The Rebbe smiled and said, ''One time a wolf attacked a flock of sheep, and the animals dispersed. The wolf pursued one of them, but before he had a chance to seize it, a lion emerged and pounced on the sheep. The wolf protested that the prey was his, because he had caused the sheep to leave the flock, but the lion said that he had as much right to the sheep as the wolf, since neither had paid for it. They agreed to take their dispute before the fox, who was the wisest of all the animals.

"The fox ruled that the sheep should be divided equally between the two, and proceeded to cut the sheep in half. He noted, however, that one portion was larger than the other, so he nibbled away a bit. Then, seeing that the new portion was smaller, he nibbled away a bit of the other. This 'equalization' process continued until the fox had left nothing but the bones for the wolf and lion.

''In your courts,'' the Rebbe continued, ''there are indeed many appeals, with the result that the lawyers on each side nibble on the disputed assets. By the time a final decision is reached, all that is left for the litigants are the bones. We may not have an appeals process, but both litigants are likely to benefit from our judgment.''

Adapted from the wonderful book, Not Just Stories: The Chassidic Spirit Through Its Classic Stories by Rabbi Abraham Twerski M.D. (see http://amzn.to/1KQUKoj)
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