Legal News for Fri 7/26 - CA SC Upholds Prop 22, Kagan Proposes SCOTUS Ethics Enforcement, Apple Voluntarily Adopts Biden AI Safeguards, Status of Trump's Conviction

Minimum Competence

This Day in Legal History: Dutch Low Countries Independence from Spain

On July 26, 1581, the Dutch Low Countries signed the Plakkaat van Verlatinghe, also known as the Act of Abjuration, formally declaring their independence from Spanish rule. This monumental document marked the culmination of a prolonged struggle against the oppressive policies of the Spanish Habsburgs, particularly under King Philip II. The Act of Abjuration justified the Dutch rebellion by asserting that a ruler who does not protect his subjects and instead oppresses them loses his legitimacy. The declaration was a pivotal moment in the Eighty Years' War (1568–1648), which ultimately led to the establishment of the Dutch Republic.

The Act of Abjuration is often compared to the later Declaration of Independence of the United States, as both documents articulate the right of a people to overthrow an unjust ruler. The Dutch provinces, driven by the desire for religious freedom, economic independence, and political autonomy, took a bold step in severing ties with one of the most powerful empires of the time. The Plakkaat van Verlatinghe underscored the principle that sovereignty resides with the people, a concept that would influence political thought in Europe and beyond.

By declaring their independence, the Dutch not only sought to free themselves from tyranny but also set a precedent for future nations seeking self-determination. The Act of Abjuration remains a significant milestone in the history of democracy and the fight for human rights. It symbolizes the enduring struggle for freedom and justice, themes that continue to resonate in contemporary political discourse.

The California Supreme Court has upheld Proposition 22, allowing Uber, Lyft, and other gig economy companies to classify drivers as independent contractors. This unanimous decision supports the 2020 voter-approved law, preventing a significant shift in labor costs and maintaining the companies' current business models. Had the ruling gone against Prop 22, these companies would have faced increased costs and operational challenges in California, one of their largest markets.

Following the ruling, shares of Uber, Lyft, DoorDash, and Instacart surged, though the gains later moderated. Justice Goodwin H. Liu stated that California’s constitution does not prevent voters from passing initiatives affecting workers' compensation. He emphasized that this ruling does not bar future legislative decisions to extend workers' compensation benefits to independent contractors.

Gig companies hailed the decision, emphasizing that it reflects the will of millions of Californians. However, labor advocates criticized the ruling, arguing it unfairly burdens gig workers by denying them essential protections like minimum wage, sick leave, and overtime pay. Advocates, including the plaintiff Hector Castellanos, renewed calls for unionization to combat these perceived inequities.

The ruling is seen as a victory for gig economy companies but signals ongoing legal and legislative battles. States like Massachusetts, New York, Washington, and Minnesota have tackled gig worker classifications with varying strategies, indicating the complexity and ongoing nature of this issue.

California Gig Workers to Remain Contractors, Prop 22 Upheld (2)

Justice Elena Kagan has proposed that Chief Justice John Roberts appoint a panel of experienced and respected judges to enforce the US Supreme Court’s newly adopted code of conduct. Speaking at a judicial conference in Sacramento, Kagan expressed trust in Roberts to establish such a committee. This suggestion comes amid controversy over reports of lavish gifts received by Justice Clarence Thomas, highlighting the need for an enforcement mechanism to accompany the recently adopted code of conduct.

Kagan acknowledged the challenges in determining who should enforce ethics rules for the justices but emphasized the necessity of finding a solution. During her discussion at the US Court of Appeals for the Ninth Circuit’s annual judicial conference, she also criticized the practice of justices writing multiple opinions in a single case. She argued that this complicates the work of lower courts and prevents the Supreme Court from providing clear guidance.

Kagan specifically mentioned the court's fractured decision in United States v. Rahimi, where seven justices wrote separate opinions despite only one dissent. This case, which upheld a federal gun law related to domestic violence, illustrated divisions among the justices on interpreting firearm restrictions. Kagan's comments follow a term marked by several controversial Supreme Court decisions, including limiting federal regulatory power and providing immunity to former President Donald Trump for certain official acts.

Elena Kagan Endorses High Court Ethics Enforcement Mechanism (1)

Apple Inc. has agreed to adopt a set of voluntary artificial intelligence (AI) safeguards established by President Joe Biden’s administration. These safeguards aim to guide the development of AI technology and encourage companies to protect consumers. Apple joins other tech giants like OpenAI Inc., Amazon.com Inc., Alphabet Inc., Meta Platforms Inc., and Microsoft Corp. in committing to test their AI systems for discriminatory tendencies, security flaws, and national security risks. The companies also pledge to share test results transparently with governments, civil society, and academia, and report any vulnerabilities.

This commitment coincides with Apple’s plan to integrate OpenAI’s chatbot, ChatGPT, into its iPhone voice-command assistant. However, Elon Musk, CEO of Tesla Inc., has threatened to ban Apple devices from his companies if OpenAI's software is integrated at the operating system level, citing security concerns. Musk has his own AI startup, xAI, which has developed a chatbot named Grok.

AI technology has become mainstream, but its use in areas like law enforcement, hiring, and housing has faced criticism for fostering discrimination. President Biden has emphasized the benefits of AI while also warning of its potential dangers, advocating for responsible industry practices. Although the White House guidelines are comprehensive, they are not enforceable, relying on companies to adhere to the standards voluntarily.

In response to the challenges of regulating AI, Biden signed an executive order last year requiring powerful AI systems to undergo testing to be eligible for federal government purchase. He is set to receive an update on the implementation of this directive. Meanwhile, a bipartisan group of lawmakers in Congress has expressed interest in regulating AI, but legislation has not yet been prioritized.

Apple to Adopt Voluntary AI Safeguards Established by Biden

Manhattan prosecutors argued that Donald Trump's conviction should stand despite a Supreme Court ruling that presidents cannot face criminal charges for official acts. In a recent court filing, prosecutors emphasized that the charges against Trump involved personal conduct, specifically the hush money payment to Stormy Daniels, and were unrelated to his presidential duties. Trump was convicted on 34 felony counts for falsifying business records to cover up the payment made by his lawyer, Michael Cohen, before the 2016 election.

Trump denies the encounter and plans to appeal the verdict. Legal experts believe the request to overturn the conviction is unlikely to succeed as the conduct predates Trump's presidency. Trump's defense claimed the prosecution improperly used evidence of his official acts during the trial, including Twitter posts and testimonies from White House aides, but prosecutors argued these were related to personal matters.

The judge, Juan Merchan, postponed sentencing to September 18 to allow Trump's lawyers to present their case. If the conviction is upheld, sentencing will proceed, and Trump can then appeal to a higher court.

Trump hush money prosecutors say conviction should stand despite immunity ruling | Reuters

This week’s closing theme is by Ludwig van Beethoven, a composer of some note.

Ludwig van Beethoven, one of the most revered composers in the history of Western music, was born in 1770 in Bonn, Germany. His innovative compositions bridged the Classical and Romantic eras, leaving an indelible mark on music that continues to inspire and move audiences worldwide. Despite becoming profoundly deaf in his later years, Beethoven's prolific output includes symphonies, concertos, string quartets, and piano sonatas, showcasing his genius and resilience.

One of his most remarkable works is the Piano Sonata No. 32 in C minor, Op. 111, completed on July 28, 1822. This sonata is the last of Beethoven's 32 piano sonatas, representing the culmination of his explorations in the genre. The piece is notable for its profound depth, structural innovation, and emotional intensity, characteristics that reflect Beethoven's mature style.

The sonata consists of two contrasting movements. The first movement, "Maestoso - Allegro Con Brio Ed Appassionato," opens with a dramatic, solemn introduction that sets the stage for the ensuing allegro. This section is marked by its passionate energy, dynamic contrasts, and intricate rhythms, driving forward with a relentless, almost fateful momentum. The movement's thematic material is both complex and expressive, embodying Beethoven's masterful ability to fuse technical brilliance with deep emotional expression.

The "Maestoso - Allegro Con Brio Ed Appassionato" serves as a testament to Beethoven's ingenuity and his capacity to convey profound human experiences through music. It challenges the performer with its technical demands while offering listeners a rich, emotional journey. The sonata's significance lies not only in its technical mastery but also in its philosophical depth, inviting interpretations that delve into the realms of struggle, resolution, and transcendence.

As we close our week of shows we invite you to immerse yourself in the powerful and evocative sounds of Beethoven's Piano Sonata No. 32 in C minor, Op. 111. Let the intensity and passion of the first movement, "Maestoso - Allegro Con Brio Ed Appassionato," carry you through its intricate and emotive landscapes. Enjoy this timeless piece and allow Beethoven's genius to resonate within you.

Without first ado, the first movement of Beethoven's Piano Sonata No. 32 in C minor, Op. 111, enjoy.

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