Michael J. Davis
Encyclopedia
Law of the United States
The law of the United States consists of many levels of codified and uncodified forms of law, of which the most important is the United States Constitution, the foundation of the federal government of the United States...
and United States federal judge
United States federal judge
In the United States, the title of federal judge usually means a judge appointed by the President of the United States and confirmed by the United States Senate in accordance with Article II of the United States Constitution....
. He has sat on the United States District Court for the District of Minnesota
United States District Court for the District of Minnesota
The United States District Court for the District of Minnesota is the Federal district court whose jurisdiction is the state of Minnesota. Its two primary courthouses are in Minneapolis and Saint Paul...
since 1994.
Early life, education, and career
Born in Cincinnati, OhioCincinnati, Ohio
Cincinnati is a city in the U.S. state of Ohio. Cincinnati is the county seat of Hamilton County. Settled in 1788, the city is located to north of the Ohio River at the Ohio-Kentucky border, near Indiana. The population within city limits is 296,943 according to the 2010 census, making it Ohio's...
, Davis received a B.A.
Bachelor of Arts
A Bachelor of Arts , from the Latin artium baccalaureus, is a bachelor's degree awarded for an undergraduate course or program in either the liberal arts, the sciences, or both...
from Macalester College
Macalester College
Macalester College is a private, coeducational liberal arts college located in Saint Paul, Minnesota. It was founded in 1874 as a Presbyterian-affiliated but nonsectarian college. Its first class entered September 15, 1885. The college is located on a campus in a historic residential neighborhood...
in 1969 and a J.D.
Juris Doctor
Juris Doctor is a professional doctorate and first professional graduate degree in law.The degree was first awarded by Harvard University in the United States in the late 19th century and was created as a modern version of the old European doctor of law degree Juris Doctor (see etymology and...
from the University of Minnesota Law School
University of Minnesota Law School
The University of Minnesota Law School, located in Minneapolis, Minnesota, USA, is a professional school of the University of Minnesota. The school offers a Juris Doctor , Masters of Law for Foreign Lawyers, and joint degrees with J.D./M.B.A., J.D./M.P.A, J.D./M.A., J.D./M.S., J.D./Ph.D.,...
in 1972.
Davis served as a law clerk
Law clerk
A law clerk or a judicial clerk is a person who provides assistance to a judge in researching issues before the court and in writing opinions. Law clerks are not court clerks or courtroom deputies, who are administrative staff for the court. Most law clerks are recent law school graduates who...
for the Legal Rights Center from 1971 to 1973. He was an attorney in the Office of Legal Counsel for the Social Security Administration
Social Security Administration
The United States Social Security Administration is an independent agency of the United States federal government that administers Social Security, a social insurance program consisting of retirement, disability, and survivors' benefits...
in Baltimore, Maryland in 1973, and a criminal defense lawyer for the Neighborhood Justice Center in 1974. He returned to the Legal Rights Center as an attorney from 1975 to 1978. He then served as an attorney and commissioner at the Minneapolis Civil Rights Commission from 1977 to 1981 and as an attorney for the Hennepin County
Hennepin County, Minnesota
Hennepin County is a county located in the U.S. state of Minnesota, named in honor of the 17th-century explorer Father Louis Hennepin. As of 2010 the population was 1,152,425. Its county seat is Minneapolis. It is by far the most populous county in Minnesota; more than one in five Minnesotans live...
Public Defender's
Public defender
The term public defender is primarily used to refer to a criminal defense lawyer appointed to represent people charged with a crime but who cannot afford to hire an attorney in the United States and Brazil. The term is also applied to some ombudsman offices, for example in Jamaica, and is one way...
Office from 1978 to 1983. Davis served as a judge in Hennepin County Municipal Court from 1983 to 1984 and a judge of the Fourth Judicial District of Minnesota
Minnesota District Courts
The Minnesota District Courts are the state trial courts of general jurisdiction in the U.S. state of Minnesota.The Minnesota Constitution provides that the district court has original jurisdiction in civil and criminal cases and such appellate jurisdiction as may be prescribed by law.Each district...
(Hennepin County) from 1984 to 1994.
Federal judicial service
On November 19, 1993, PresidentPresident of the United States
The President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....
Bill Clinton
Bill Clinton
William Jefferson "Bill" Clinton is an American politician who served as the 42nd President of the United States from 1993 to 2001. Inaugurated at age 46, he was the third-youngest president. He took office at the end of the Cold War, and was the first president of the baby boomer generation...
nominated Davis to a seat on the United States District Court for the District of Minnesota
United States District Court for the District of Minnesota
The United States District Court for the District of Minnesota is the Federal district court whose jurisdiction is the state of Minnesota. Its two primary courthouses are in Minneapolis and Saint Paul...
vacated by Harry H. MacLaughlin. Confirmed
Advice and consent
Advice and consent is an English phrase frequently used in enacting formulae of bills and in other legal or constitutional contexts, describing a situation in which the executive branch of a government enacts something previously approved of by the legislative branch.-General:The expression is...
by the Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
on March 25, 1994, Davis received his commission on March 28, 1994. In May 1999, Chief Justice William Rehnquist
William Rehnquist
William Hubbs Rehnquist was an American lawyer, jurist, and political figure who served as an Associate Justice on the Supreme Court of the United States and later as the 16th Chief Justice of the United States...
appointed Davis to serve as a judge on the Foreign Intelligence Surveillance Court. His term on this court expired on May 18, 2006. In 2008, he became Chief Judge of the District of Minnesota.
In October 2007, Davis presided over the case of Capitol v. Thomas
Capitol v. Thomas
Capitol v. Thomas was the first file-sharing copyright infringement lawsuit in the United States brought by major record labels to be tried before a jury. The defendant, Jammie Thomas-Rasset, was found liable in a 2007 trial for infringing 24 songs and ordered to pay $222,000 in statutory damages...
. The Recording Industry Association of America
Recording Industry Association of America
The Recording Industry Association of America is a trade organization that represents the recording industry distributors in the United States...
, a trade group of recording companies, filed suit
Lawsuit
A lawsuit or "suit in law" is a civil action brought in a court of law in which a plaintiff, a party who claims to have incurred loss as a result of a defendant's actions, demands a legal or equitable remedy. The defendant is required to respond to the plaintiff's complaint...
against Jammie Thomas for copyright infringement
Copyright infringement
Copyright infringement is the unauthorized or prohibited use of works under copyright, infringing the copyright holder's exclusive rights, such as the right to reproduce or perform the copyrighted work, or to make derivative works.- "Piracy" :...
for 24 songs that she had shared on Kazaa
Kazaa
Kazaa Media Desktop started as a peer-to-peer file sharing application using the FastTrack protocol licensed by Joltid Ltd. and operated as Kazaa by Sharman Networks...
. The jury jury returned a verdict against her in the amount of $222,000 ($9,250 per song file). However, Davis granted motion for a new trial on September 24, 2008 when he ruled that the jury was given flawed instructions
Jury instructions
Jury instructions are the set of legal rules that jurors should follow when the jury is deciding a civil or criminal case. Jury instructions are given to the jury by the jury instructor, who usually reads them aloud to the jury...
, and that this constituted a "manifest error of law
Question of law
In jurisprudence, a question of law is a question which must be answered by applying relevant legal principles, by an interpretation of the law. Such a question is distinct from a question of fact, which must be answered by reference to facts and evidence, and inferences arising from those facts...
."
The federal judge had overturned the $222,000 copyright infringement verdict against Jammie Thomas. He also called on Congress to fix the Copyright Act so that the RIAA can't get six-figure judgments for P2P use. Thomas was granted a retrial, later she received a fine of $80,000 per song leading to a sum of $1.9 million. Thomas, a single mother of 3, has not stated how she would repay the record companies.
Davis has served as an adjunct professor at the University of Minnesota Law School
University of Minnesota Law School
The University of Minnesota Law School, located in Minneapolis, Minnesota, USA, is a professional school of the University of Minnesota. The school offers a Juris Doctor , Masters of Law for Foreign Lawyers, and joint degrees with J.D./M.B.A., J.D./M.P.A, J.D./M.A., J.D./M.S., J.D./Ph.D.,...
since 1982 and at William Mitchell College of Law
William Mitchell College of Law
William Mitchell College of Law, or WMCL, is a private, independent law school located in St. Paul, Minnesota. Accredited by the American Bar Association , it offers full and part-time legal education in pursuit of the Juris Doctor degree....
from 1977 to 1981. He has also been an instructor at the Minnesota Institute of Legal Education since 1990.