esf00@amdahl.UUCP (Elliott S Frank) (03/09/85)
After 35 years, I have finished a comprehensive study of
European comparative law ... In Germany, under the law,
everything is prohibited, except that which is permitted.
In France, under the law, everything is permitted, except
that which is prohibited. In the Soviet Union, under the
law, everything is prohibited, including that which is
permitted. And in Italy, under the law, everything is
permitted, especially that which is prohibited.
Newton Minow
Speech to the Association of American
Law Schools, 1985
Elliott S Frank ...!{ihnp4,hplabs,amd,nsc}!amdahl!esf00 (408) 746-6384
[the above opinions are strictly mine, if anyone's]
inanalternateuniversethismessagewouldshowupasundeliverableandprobablynotbesent
--
Elliott S Frank ...!{ihnp4,hplabs,amd,nsc}!amdahl!esf00 (408) 746-6384
[the above opinions are strictly mine, if anyone's]
inanalternateuniversethismessagewouldshowupasundeliverableandprobablynotbesentsra@oddjob.UChicago.UUCP (Scott Anderson) (03/10/85)
> > After 35 years, I have finished a comprehensive study of > European comparative law ... In Germany, under the law, > everything is prohibited, except that which is permitted. > In France, under the law, everything is permitted, except > that which is prohibited. In the Soviet Union, under the > law, everything is prohibited, including that which is > permitted. And in Italy, under the law, everything is > permitted, especially that which is prohibited. > And in Great Britain, everything is permitted except if the cost is prohibitive! Scott Anderson ihnp4!oddjob
jc@mit-athena.UUCP (John Chambers) (03/19/85)
How about the State of Mississippi, which has a special 10% sales tax on all items that are illegal to sell in the state!? There was even a Supreme Court test of the tax's legality a few years back, reported gleefully by much of the media. It seemed someone tried getting out of paying the tax (on some illegal drug sales) by arguing "double jeopardy"--if they paid the tax, it would constitute prima facie evidence of the commission of a crime. The courts held that, since the state couldn't prosecuted them if they paid the tax, this defense wasn't valid, and they had to pay. Of course, this wouldn't prevent the feds from prosecuting them, using the state tax records as evidence. Italy and the USSR have nothing on good ol' American legal know-how! -- John Chambers [...!decvax!mit-athena] If you're not part of the solution, then you're part of the precipitate.
ndiamond@watdaisy.UUCP (Norman Diamond) (03/21/85)
> How about the State of Mississippi, which has a special 10% sales > tax on all items that are illegal to sell in the state!? There was > even a Supreme Court test of the tax's legality a few years back, > reported gleefully by much of the media. It seemed someone tried > getting out of paying the tax (on some illegal drug sales) by > arguing "double jeopardy"--if they paid the tax, it would constitute > prima facie evidence of the commission of a crime. The courts > held that, since the state couldn't prosecuted them if they paid > the tax, this defense wasn't valid, and they had to pay. > > Of course, this wouldn't prevent the feds from prosecuting them, > using the state tax records as evidence. > -- John Chambers The taxpayers can send cash by registered mail. They might even manage to buy a money order anonymously. If the state files charges, the guys have evidence that they paid. The state can't require them to identify themselves at time of payment, because that would be testifying against themselves. -- Norman Diamond UUCP: {decvax|utzoo|ihnp4|allegra}!watmath!watdaisy!ndiamond CSNET: ndiamond%watdaisy@waterloo.csnet ARPA: ndiamond%watdaisy%waterloo.csnet@csnet-relay.arpa "Opinions are those of the keyboard, and do not reflect on me or higher-ups."