News & Media
She’s/He’s Got The Jack, Do You Got a Case?
A guy went on Tinder, picked up a woman, and got herpes from her. Yeah? Why is that news? Well, the guy sued her for giving her the as-of-today incurable disease. (source) The woman knew that she had herpes, but she lied to the guy about her condition. She claims that she only thought it would be contagious during an outbreak. He is now suing her for giving him the virus. Does he have a case? Probably. People do bad things to one another with their genitalia. In one case I reviewed, a wife accused a husband of intentionally infecting
The Man in the High Castle in Albany and The First Amendment
The Man in the High Castle is a piece of alternative history fiction, which imagines an alternate future in which fascist forces won World War II. The Nazis occupy the eastern part of the United States, while the Japanese take up residence in the west. The Italians are non-existent in the series. You would think that they would get Rhode Island, Connecticut, and New Jersey… but I digress. So there is an alternate future in which America loses its civil liberties and fascist forces occupy it. There is a surveillance state. Political dissent is not tolerated. Hmm… add in a
Revolution Number 9
by Jay Marshall Wolman As previously discussed, reader Angie NK asked for a post about the Ninth Amendment. I digressed to the Fourth Amendment as I had some thoughts already percolating on it. [Side note: turns out people still actually make and sell percolators.] But, ask and thou shalt receive. The Ninth Amendment reads: The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. So, what does this mean? It is a savings clause. James Madison explained the purpose during the introduction of those clauses that might become part of
Randazza: The Man in the High Castle in Albany and The First Amendment
The Man in the High Castle is a piece of alternative history fiction, which imagines an alternate future in which fascist forces won World War II. The Nazis occupy the eastern part of the United States, while the Japanese take up residence in the west. The Italians are non-existent in the series. You would think that they would get Rhode Island, Connecticut, and New Jersey… but I digress. So there is an alternate future in which America loses its civil liberties and fascist forces occupy it. There is a surveillance state. Political dissent is not tolerated. Hmm… add in a
Prosecuting Police for Trespass
by Jay Marshall Wolman In a comment to my post announcing the formation of the Third Amendment Lawyers Association, reader Angie NK asked for some Ninth Amendment love. I’ll get there, Angie, I promise. But, before I do, I had some questions and thoughts about #3’s neighbor, the Fourth Amendment. The Third Amendment protects the home from a chronic invasion–the quartering of soldiers. The Fourth Amendment protects the home from an acute invasion–improper police searches. As a refresher, the Fourth Amendment states: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures,
Why this Liberal is Writing a Check to the Rubio Campaign
Yes, I’m planning to vote for Bernie Sanders, but I’m going to cut the Rubio campaign a check just the same. It won’t be much, but, as the Supreme Court said, “money equals speech.” Citizens United v. F.E.C., 558 U.S. 310 (2010). So I’m going to speak in favor of Rubio, even though I am a Liberal. Don’t have a conniption. I’m not buying in to his politics. Although, I do respect how he gets them done. For example, he has likely quietly killed Obamacare, without grandstanding. But to be clear, I don’t think I would ever vote for the
No "safe spaces" for Conservatives
Madison Gesiotto is a law student at Ohio State, and is also the author of the “Millennial Mindset” column at the Washington Times. (Pause for laughter at the thought of “Millenial Mindset”) She recently wrote a column called “The number one killer of black Americans.” What is this killer? According to Gesiotto, the number one killer of Black Americans is abortion. She believes that life begins at conception (as a lot of people do) and she then tallies up deaths from disease, murder, etc., and comes to the conclusion that this is a real problem. I don’t agree with her. But,
Trump Cybersquats on Jeb – The Legal Analysis
Type in jebbush.com to your browser. If you would rather not, I can just tell you what happens. It brings you to the Trump campaign website. There are plenty of news sites reporting this, but we at Popehat, we’re the only ones to give you the hot and bothered legal analysis. Someone at the Bush campaign is about to get a stern talking to. Yes, he should have thought to register that domain first. But, we often hear that from cybersquatters, who take the position that you should think to register every permutation of your name, from zero to infinity,
Some Peace of Mind for Free Speech in Massachusetts
Massachusetts has given the world its fair share of musical greatness. From the Dropkick Murphys back to Jonathan Richman, The Cars to the Pixies, Aerosmith to Mission of Burma. Bim Skala Bim to the Lemonheads. The Unband to the Mighty Mighty Bosstones. Lets put it this way, your musical life would suck without the 617/413 and later fragmented area codes. (Fine, we apologize for New Kids on the Block. That abomination cancels out the points we gained from Til Tuesday and Billy Squier.) But, I gotta be honest. Like any Patriots fan has to admit that the Pittsburgh Steelers are,
Why this Liberal is Writing a Check to the Rubio Campaign
Yes, I’m planning to vote for Bernie Sanders, but I’m going to cut the Rubio campaign a check just the same. It won’t be much, but, as the Supreme Court said, “money equals speech.” Citizens United v. F.E.C., 558 U.S. 310 (2010). So I’m going to speak in favor of Rubio, even though I am a Liberal. Don’t have a conniption. I’m not buying in to his politics. Although, I do respect how he gets them done. For example, he has likely quietly killed Obamacare, without grandstanding. But to be clear, I don’t think I would ever vote for the
No “safe spaces” for Conservatives
Madison Gesiotto is a law student at Ohio State, and is also the author of the “Millennial Mindset” column at the Washington Times. (Pause for laughter at the thought of “Millenial Mindset”) She recently wrote a column called “The number one killer of black Americans.” What is this killer? According to Gesiotto, the number one killer of Black Americans is abortion. She believes that life begins at conception (as a lot of people do) and she then tallies up deaths from disease, murder, etc., and comes to the conclusion that this is a real problem. I don’t agree with her. But,
You Are Not Going to Resist the Government With Your Guns
I’m not prepared to get rid of our right to keep and bear arms unless we do get rid of the Second Amendment. But, doing that requires tinkering with the Constitution, which makes me nervous. Once you open the hood, you never know what else someone will fuck with. With the state of our idiocracy, opening the Constitution is just as likely to wind up creating a right to keep and bear rape monkeys as it is to have its intended effect. So it is what it is. We have the Second Amendment, and while we can debate all we
Third Amendment Lawyers Association
by Jay Marshall Wolman In asking what to do with this blog, Dan suggested that we blog about the Third Amendment. Marc actually blogged about a Third Amendment case here and here. If people thought Second Amendment jurisprudence was thin (at least until DC v. Heller rolled around), Third Amendment cases are fewer and further between. The text reads: No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law. Based on the text alone, it is understandable, then,
Trump Cybersquats on Jeb – The Legal Analysis
Type in jebbush.com to your browser. If you would rather not, I can just tell you what happens. It brings you to the Trump campaign website. There are plenty of news sites reporting this, but we at Popehat, we’re the only ones to give you the hot and bothered legal analysis. Someone at the Bush campaign is about to get a stern talking to. Yes, he should have thought to register that domain first. But, we often hear that from cybersquatters, who take the position that you should think to register every permutation of your name, from zero to infinity,
Randazza: Some Peace of Mind for Free Speech in Massachusetts
Massachusetts has given the world its fair share of musical greatness. From the Dropkick Murphys back to Jonathan Richman, The Cars to the Pixies, Aerosmith to Mission of Burma. Bim Skala Bim to the Lemonheads. The Unband to the Mighty Mighty Bosstones. Lets put it this way, your musical life would suck without the 617/413 and later fragmented area codes. (Fine, we apologize for New Kids on the Block. That abomination cancels out the points we gained from Til Tuesday and Billy Squier.) But, I gotta be honest. Like any Patriots fan has to admit that the Pittsburgh Steelers are,
Randazza: You Are Not Going to Resist the Government With Your Guns
I’m not prepared to get rid of our right to keep and bear arms unless we do get rid of the Second Amendment. But, doing that requires tinkering with the Constitution, which makes me nervous. Once you open the hood, you never know what else someone will fuck with. With the state of our idiocracy, opening the Constitution is just as likely to wind up creating a right to keep and bear rape monkeys as it is to have its intended effect. So it is what it is. We have the Second Amendment, and while we can debate all we
Marc Randazza Popehats on Trump’s Bush Squatting
by Jay Marshall Wolman Though I have my own feelings about how to blog here now that Marco Blanco f/k/a Marc Randazza (what I think his Popehat name should be) has taken up with the competition, I should probably be supportive. His first post there was uncharacteristically Second Amendment focused. But, he has now seen fit to return to his roots. Marc just posted an interesting piece on the Trump campaign’s ownership of JebBush.com . Marc does a good overview of the cybersquatting law and how it has been used. Something to consider, though: Jeb is not Gov. Bush’s first name.
What to do? What to say?
by Jay Marshall Wolman Now that Marc is off Popehatting, the rest of you can now chime in on what you’d like to see more of in this space. Marc is a First Amendment bad ass, hanging out with his peeps. Me? I think all of the Amendments are important. Here I am on the 7th Amendment. Here I am on the 22nd Amendment. Here I am tweeting on the 3rd Amendment. And my scotch collection is a fan of the 21st Amendment. My preferred focus in law is employment law, but as a civil litigator I’ve handled workers’ compensation, copyright,
Randazza is Hatted
Yes, some of you guessed it, I joined PopeHat. Let the conspiracy theories fly!!!
Things are going to change around here
If you are a regular reader, you know that I have neglected the blog, for the most part, for some time. I’m just busy with other shit. Dad, husband, working… so feeding The Satyricon is just too sporadic. But I do love writing my shit. I just think I need to be in a bigger boat. I do play well with others. So, there may be updates here, but from here on in, the only updates will likely be teasers sending you over to where I will be doing most of my writing from now on. Where? That’s a surprise….