News & Media
Fail the bah? Blame the queeahs!
Stephen Dunne failed the 2007 Massachusetts Bar Exam and claims that it was all because there was a question on the exam in which a gay married couple was the factual backdrop. Dunne apparently scored a 268.866 on the exam, but needed a 270. Its all the fault of the gay agenda, apparently. His complaint is a 44 page sometimes
We’ve slid down the slope — “they” are coming into your bedroom
LodgeNet Entertainment Corp. supplies pay-per-view movies to America’s hotels, and “Focus on the Family” (FOF) says, “In August, family advocates will ask the Department of Justice to investigate and bring charges against the company. Phil Burress, president and executive director of Ohio’s Citizens for Community Values (CCV), claims that LodgeNet’s movies are ” prosecutable under the U.S. Supreme Court’s ruling
Lemme get this straight…
Before making his decision not to grant clemency to Karla Tucker, Governor George W. Bush claims that he prayed on it all night with God, and God told him to abide by the laws of the Great state of Texas. I presume that he still speaks to the same God… and that God thinks that his disciple, George W. Bush,
Another Hick Courthouse, another Unconstitutional Display
The “religious display” issue is relatively simple. If you happen to have art in a courthouse that has a religious overtone to it, but it is not there to promote, nor to seemingly promote a particular religion — then that is constitutional. That is why the frieze at the Supreme Court is fine — even though you can find Moses
Freecycle! Save the planet and abuse trademark law at the same time!
Freecycling, is the act of giving away usable but unneeded items to others. Freecycling harnesses the power of the Internet to connect people who have stuff with others nearby who want it so it doesn’t wind up in a landfill. See Brevard County Sets Freecycling Record.
Shaw Suburban Media Group v. Chief Justice Thomas – More Judicial Libel
There really is something stomach churning about a judge filing a defamation action. (See related post on Murphy v. Boston Herald). This one, however, really makes me a bit unsettled. A newspaper in Illinois wrote an editorial questioning the impartiality of the Chief Justice of the Supreme Court of Illinois. He sued the newspaper for libel. (Pardon me while I
Latrell Sprewell Defamation Case
Latrell Sprewell gets a “boxer’s fracture,” Boxer’s fractures are when you break the metacarpal bone in your hand. When asked, Sprewell appears to have been evasive about how it happened, and then finally said it happened when he was “frantically pulling on a rope” in rough waters. The New York Post’s bullshit detector went off, and they interviewed a number
America’s War on Sex
The American Association of Sexuality Educators, Counselors, and Therapists has named Marty Klein’s America’s War on Sex the “Sexuality Book of the Year” Dr. Joy Davidson, who presented the award, called Klein’s work “frightening, funny, and a great read.” She underlined its achievement in presenting a clear picture of how the repression of various aspects of Americans’ sexuality—health care, education,
Nothing to do with law….
I just stumbled upon this blog entry and had to share. Dude walks into a business for a big meeting. While he is checking out the “cute administrative assistant,” he absent-mindedly walks SLAM into a glass door. A few pints of blood and a tampon up his nose later… he not only follows through with the business meeting (covered in
Pat Down Searches at NFL Games – Bye Bye Fourth Amendment
In a fan challenge to routine pat-down searches, the Western District of Washington (Seattle) tossed a fan’s suit on the grounds that there was no state action in the case, thus no Fourth Amendment violation. See Stark v. Seattle Seahawks.
Murphy v. Boston Herald Update
The Boston Herald, already stung with a $2 Million libel verdict, upheld in a questionable decision by the Massachusetts Supreme Judicial Court, just wired the plaintiff an additional $1.4 million to cover interest payments on the award. (Prior posting on the case). Apparently, the reporter, David Wedge, may be considering an appeal to the US Supreme Court. At least that
Trademarks, Genericide, Verbicide, and the Circle of Life
I’m not sure what is so bad about a Trademark turning into a verb or dying of genericide. The process of linguistic evolution is, I think, one of the more beautiful realities of human existence. Either I’m overly romantic or just a word nerd, but as we all must one day merge with the infinite — so must all trademarks
Andrew McCullough’s Blog
A salute to a fellow First Amendment attorney, Andrew McCullough. I didn’t know that he had a blog until today, so in honor of adding him to my blogroll, I’ll say a few words about him. Andy is a hell of a nice guy, and a great First Amendment mind. He’s a perennial quixotic libertarian candidate for Utah attorney general,
You can both videotape and publicize police abuse – Jean v. Mass. State Police
Mary Jean, who the 1st Circuit described as “a local political activist in Worcester, Massachusetts” publishes a a website critical of Worcester County District Attorney John Conte (www.conte2006.com). Coincidentally (insert sarcastic sneer here), she wound up the focus of an investigation for the illegal publication of a videotape of police misconduct. Fortunately, she lives in a free state.
Resign Bush, Resign
[youtube=http://www.youtube.com/watch?v=FU7dY1CXRPk] I couldn’t possibly add anything to this to improve upon it, except this: If you are one of the 26% of this country who still gives George Bush a favorable approval rating, you, and everyone related to you should be sterilized for the good of the species.
New Hampshire Defamation Case
Thomas v. Telegraph Publishing Co. A good discussion of the libel-proof plaintiff, public figure/actual malice, and general doctrines important to defamation actions. More to follow.
Top Ten Reasons that that the USPTO no longer takes note of the facts when issuing Office Actions
I belong to a Trademark Lawyer’s newsgroup. One of my friends on that group (who will remain un-named) made the following understatement of the year: “I have noticed Office Actions quoting right out of the TMEP, and apparently taking little note of the facts.” I called the USPTO to ask them what they thought of this statement. After pressing option
SLAPP Suits and Casablanca
I just did the Lisa Macci show, The Justice Hour, which is always a wonderful experience. She is a “conservative,” but in the real tradition of less government and more freedom. Think Pat Buchanan / Intellectually honest – not neocon. (As a bizarre personal note, I consider myself to be a raging flaming liberal, yet the lawyers I get along
“Bush Lied – They Died” T-Shirts and Free Speech
I wanted to call this post “A Salute to Richard Marmor.” Who is Richard Marmor? Nobody really. I don’t say that in an insulting way… he’s, as far as I can tell, just another one of us regular guys (well, and a TRUE Patriot). How did he hit my radar? He wrote a letter to the editor of the Arizona
Free Speech / Campaign Financing
The whole McCain-Feingold issue tears my little mind apart. Philosophically, I agree with McFeingold. The law has the best intentions — to remove the undue influence that moneyed interests can have on our electoral process. The fact is that concentrations of wealth have a distortive effect on the democratic process. Unfortunately, I’m not sure that we can do much about