The Digital Millennium Copyright Act (DMCA) incorporated two major World Intellectual Property Organization treaties into American law on Oct. 28, 1998. The DMCA criminalized circumvention of copyright protection/anti-piracy measures built into software and distribution or sale of code-breaking devices; however, it allowed circumvention in specific circumstances (e.g. encryption research). The DMCA also addressed liability for Internet Service Providers and non-profit educational institutions.
President James A. Garfield died on September 19, 1881, after serving less than half a year in office. President Garfield died at a New Jersey seaside location, where he was recovering from two bullet wounds he suffered on July 2, 1881. Garfield’s assassin was Charles Guiteau, an attorney, theologian, and rebuffed office seeker. Guiteau insisted that he was God’s messenger. He also argued that medical malpractice was the actual cause of death because the doctors’ treatments had caused the blood poisoning that eventually killed Garfield. Guiteau’s attorney (who was also his brother-in-law) argued the insanity defense. In the end, the Guiteau jury, deliberating for just over an hour, didn’t buy Guiteau’s defenses and he was hanged on June 30, 1882. Garfield’s spine, which shows the hole created by the bullet, is kept as a historical artifact by the National Museum of Health and Medicine in Washington, D.C. Guiteau’s autopsy did show evidence of syphilitic paresis as well as chronic degeneration, leading some doctors to change their opinion of his mental state.
The Making of Modern Law database contains scanned images of over 22,000 legal treatises on British and American law published between 1800 and 1922. Check out this great historical resource on the library database page.
The First Continental Congress met on September 5, 1774 in Carpenters’ Hall in Philadelphia. Every colony except Georgia sent delegates. The delegates included John Adams, Samuel Adams, George Washington, John Jay and Patrick Henry. The First Continental Congress formulated some common goals and produced a list of grievances against Britain. The Congress disbanded on October 26, 1774.
The first Labor Day was celebrated on Tuesday, September 5, 1882 in New York City. Two years, later, the holiday was changed to the first Monday in September. While it is unclear who first suggested Labor Day (some sources say it was a carpenter, others a machinist), it is clear that the holiday was supported by labor organizations.
Cities were the first to officially recognize this “workingman’s” holiday and the states soon followed. Oregon was the first state to make Labor Day a legal observance in 1887. By 1894, Congress followed suit.
The original proposals for the holiday called for a huge parade and a festival for working men and their families. “It is appropriate, therefore, that the nation pays tribute on Labor Day to the creator of so much of the nation’s strength, freedom, and leadership — the American worker.” – Department of Labor Website
The Constitutional Convention was the result of intense negotiation and compromise, although it is said that George Washington, who was president of the assembly, spent much of that time fishing. One of the central controversies was the form of government for the new country. Some delegates favored the adoption of a monarchy, but Madison, an ardent advocate for a strong central government, strongly opposed. The battle over ratification was acrimonious. Many anti-Federalists believed the new Constitution favored wealthy landowners and there were misgivings that the majority of the people did not, in fact, support the new Constitution. As a result of these battles, the Bill of Rights was created, with Madison as its greatest advocate. Somehow, in spite of the bitter divisiveness and disagreement, the framers managed to create the world’s shortest constitution and one that stood the test of time. The U.S. Constitution is the oldest, single- source derived constitution still in effect.
More information can be found here:
The Constitution of the United States of America: Analysis and Interpretation: Analysis of Cases Decided by the Supreme Court of the United States to June 28, 2002, Prepared by the Congressional Research Service, Library of Congress (Law Library Reference Desk @ KF4527.U54 2004)
The Founders’ Constitution, edited by Philip B. Kurland and Ralph Lerner (Law Library Reserve @ KF4502.F68 1987)
On February 8, 1887, President Grover Cleveland signed the Dawes Act, dividing up tribal lands into plots for individuals to farm. The effect of the Act was to weaken tribes, break up traditional families, and put Indian lands into non-Indian hands. Under the Act, farmers did not get ownership of the land for 25 years; if the farm failed, lands would be transferred back to the government and sold at auction. In the meantime, the farmer could not sell any of his allotted 160 acres. The Dawes Act was abolished in 1934 under Franklin Roosevelt.
More information is available at:
The Assault on Indian Tribalism: the General Allotment Law (Dawes act) of 1887 Wilcomb E. Washburn (Law Library – 4th floor @ KF5660.W38)
The first session of the U.S. Supreme Court met on February 1st, 1790. President George Washington’s inaugural nominations were John Jay (Chief Justice), John Rutledge, William Cushing, John Blair, Robert Harrison, and James Wilson. The Court got off to a faltering start. Robert Harrison refused the nomination, John Jay was abroad attending diplomatic duties during much of his tenure, John Blair’s attendance at court was sporadic because of poor health, and finally John Rutledge, managed to sabotage his nomination to succeed John Jay as Chief Justice with an importune speech that cost him the support of many in Washington’s administration. The fact that he never attended a formal day of court probably didn’t do his nomination any favors either. The inaugural session of the Court was held at the Royal Exchange Building in New York. Unfortunately only Jay, Wilson and Cushing managed to show up. The new Court was hamstrung until Blair arrived the next day, thereby establishing the quorum necessary for conducting business. No cases were heard during that first session, it primarily involved admitting attorneys to practice before it. The inaugural session of the Supreme Court ended on February 10th, 1790. The new Supreme Court continued on its wobbly trajectory until John Marshall became Chief Justice and Marbury v. Madison was decided in 1803, establishing the Court’s power.
For more information, check out:
CQ Press’s Guide to the U.S. Supreme Court, Part I, “Origins and Development of the Court” (KF8742.W567 2004 – Reference Desk – Law Library)
On April 17, 1961, a CIA-backed group of Cuban refugees tried to invade Cuba at the Bay of Pigs. As soon as the party landed, they were met with resistance from Castro’s forces, and promised US air support never materialized. Of the 1,200 exiles trying to recapture their homeland, 100 died and the rest were captured.
Not only did the plan fail, it made the situation in Cuba even less desirable to the US government. Castro was able to put pressure on his Soviet allies for more support, and denounced the US to the world. Far from displacing Castro, the actions of the CIA cemented Castro’s control on Cuba, and made new president John F. Kennedy look weak and indecisive.
The Response is a 30-minute courtroom drama based on actual transcripts of the Guantánamo Bay military tribunals. This film illustrates the legal and ethical challenges of enemy detention in the war on terror as it brings the viewer inside an administrative hearing to determine whether a devout Muslim engineer from Pakistan should continue to be designated as an unlawful enemy combatant and held without trial. Watch as three judges must make that decision while they seek to balance individual liberties with national security interests. Check out The Response from the law library.