Today in Supreme Court History: December 23, 1745

12/23/1745: Chief Justice John Jay's birthday.

Chief Justice John Jay

Comments

[Dan Schiavetta]

International News Service v. Associated Press, 248 U.S. 215 (decided December 23, 1918): wire services can't steal stories from one another (the Court, creating pre-Erie "federal common law", held that this was common law misappropriation of property; such a tort in this context has been preempted by the Copyright Act of 1976, see 650 F.3d 876)

Singer Mfg. Co. v. Rahn, 132 U.S. 518 (decided December 23, 1889): sewing machine salesman was agent of employer (even though working on commission) and therefore employer was liable when salesman ran his horse-drawn cart into plaintiff

Capital Square Review and Advisory Board v. Pinette, 510 U.S. 1307 (decided December 23, 1993): denying stay of order forcing state of Ohio to allow Ku Klux Klan to put up a "Latin cross" in front of statehouse because harm already done and it would be removed the next day anyway (upon full appeal the Court held that under First Amendment private parties cannot be prevented from putting up unattended cross on publicly owned square designated by law as forum for public discussion of issues, 515 U.S. 753, 1995) (btw the cross sure looks like it's ready to be burnt on the lawn of some black family -- look at the photo and judge for yourself -- https://www.mtsu.edu/first-amendment/article/734/capitol-square-review-and-advisory-board-v-pinette)

[apedad]

Re: Singer Mfg. Co. v. Rahn

I wonder how/if that affects how today's ride-sharing services (Uber, etc.).

If an Uber driver causes and accident, can Uber somehow be sued also.

[Dan Schiavetta]

Maybe the distinction is that the salesman is not being paid for his horsemanship.

[John F. Carr]

Uber has good insurance to cover claims from the general public, I am told, so you don't have to worry about financial harm from being hit by an allegedly independent contractor.

[Dan Schiavetta]

But the insurance wouldn't apply unless Uber was somehow liable. Two solutions are 1) have it be liable under its contract with the driver for the driver's own liability (odd that Uber would agree to something like that), with the policy covering contractual liability, or 2) have every driver added as an additional insured so that even if Uber isn't sued its insurance policy will cover the driver's liability.

[Gandydancer]

Does the minimal insurance usually required for you to drive a car in your private capacity cover you if you are driving for hire?

[Mr. Bumble]

"the cross sure looks like it’s ready to be burnt on the lawn of some black family — look at the photo and judge for yourself "

...and just how did you arrive at that conclusion?

[Dan Schiavetta]

It looks like old wood, meant not for display but for burning. Also it's in a bucket, making it look temporary. If I meant to sneak a cross onto some lawn, set it afire and run, it would look like that.

[Mr. Bumble]

I get that you are offended by the Democrat's militia and their displays but would you feel any different if it were done in a more aesthetic fashion?

[wolfefan]

I would. If the cross were rustic in a way that suggested the hymn "The Old Rugged Cross" it wouldn't have peeling paint and mud on it. It looks to me like a cross that is meant to be destroyed, particularly in light of who it is who's displaying it. While the Klan was once a group that was primarily Democrats, it isn't any longer. Continuing to refer to it as such is like claiming that progressives are really just somewhat more centrist Republicans.

[Mr. Bumble]

"While the Klan was once a group that was primarily Democrats, it isn’t any longer. " ...and you know this, because?

If you bothered to read the caption on the picture you'd have seen that the mud is the result of ant-K protesters throwing it to the ground.

No one should support the KKK and other than in the mind of the FBI I don't think many do.

[Gandydancer]

There is no one "the KKK". Lots of more or less independent operations. The name and crosses as a symbol are in the public domain, I would think. You, too, can start your own and be a Grand Dragon or Great Kleagle.

This cross is maybe surprisingly small. The crosses one generally sees burning are at Hollywood versions of Klan rallies, and much larger. Maybe it's what it is because THIS Klan doesn't amount to much. As the saying goes, the demand for the Klan as a foe exceeds the supply.

I saw the picture of the cross before reading cc's note and that it was meant for burning did not occur to me. But the picture was small and my eyesight is no longer the best.

The appearance of being ready to burn is, if true, part of the protected speech, I would think.

[The Margrave of Azilia]

"Singer Mfg. Co. v. Rahn"

The Gilded Age Court sided with an injured plaintiff against a deep-pockets company?

[Dan Schiavetta]

Maybe the plaintiff was Gilded Age herself. I picture a lady in a petticoat with a parasol.

[David Nieporent]

International News Service v. Associated Press, 248 U.S. 215 (decided December 23, 1918): wire services can’t steal stories from one another (the Court, creating pre-Erie “federal common law”, held that this was common law misappropriation of property; such a tort in this context has been preempted by the Copyright Act of 1976, see 650 F.3d 876)

I don't believe that the hot news misappropriation doctrine has been preempted by the Copyright Act. INS itself has been overruled by Erie. But hot news misappropriation is still a narrow but viable tort (if state law recognizes it). The Barclay's case held that Barclay's claims failed because they didn't fall within the narrow band of claims that weren't preempted; it did not hold that the copyright act preempted true INS-type claims.

[Dan Schiavetta]

Thanks!

[elnurmamedrafiev]

And now instead of principled Protestant white men like Jay, we have angry black women like Ketanji Jackson on the court.

[Mr. Bumble]

PB&J is a woman? I thought she couldn't answer that.

[Sarcastr0]

You really seem to think about her a lot.

[Gandydancer]

He didn't even bring he/her/it/they up.

[apedad]

And now instead of principled Protestant white men like Jay, we have angry black women like Ketanji Jackson on the court, and angry white commenters who are apparently sad they're on the losing side.

FTFY

[Mr. Bumble]

"Angry"? "Sad"? You seem to be projecting.

[apedad]

You're not angry?!?

Maybe you're not but then you're a joke.

This you?

"Or, better yet, 'They come after you with a knife, you go after them with a gun, then you rape and torture their wives and daughters, while making them watch, to send a message to any other potential aggressor not to come at you with a knife in the first place.'”

[Mr. Bumble]

No that is not me. You seem confused today (more so than normal).

[apedad]

Eh...you're all alike.

[Mr. Bumble]

On another note, I couldn't help but notice Jay's robes and wondered when and where the practice of judges wearing robes originated?

[The Margrave of Azilia]

Once people became uncomfortable seeing judges naked.

[Syd Henderson]

In order of his birthday, all the justices should wear colorful robes.

[F.D. Wolf]

I imagine the actual origin is lost to antiquity, but robes have been a symbol of authority for time immemorial. American judges naturally adopted much of the customs and practices of the English courts. The earliest known illustration of the Court of King's Bench, dating to about 1460, shows the justices in red robes. Red robes still abound in the Anglosphere, including in the Maryland Supreme Court. The red robes with white trim of the Supreme Court of Canada look like Santa Claus costumes.

The tradition of black robes is generally attributed to English judges donning them for the multi-year mourning period after the death of Queen Mary II in 1694. John Marshall is generally credited with standardizing the wearing of black robes by justices of the U.S. Supreme Court.

[Mr. Bumble]

Thanks. I guess it's one of those things we'll never know for sure but just is. Thankfully wigs didn't survive in the US although it might be fun to see the SC donned out with them.

[Dan Schiavetta]

“She wore her nudity as if it were the costliest of cloaks.”

— an erotic novel, not sure where or when it read it, but it described a young woman in authority

[The Margrave of Azilia]

"The earliest known illustration of the Court of King’s Bench, dating to about 1460, shows the justices in red robes."

Ten years after Jack Cade's rebellion. I guess they missed a few lawyers.

[Gandydancer]

A judge is just someone wearing a get-up that tries to distract you from the fact that he's just a lawyer deemed useful by politicians.

[Gandydancer]

In that picture of Jay he is wearing one heck of a ridiculous get-up.