News & Media
Cross at WTC, yea or nay?
Amy Alkon (who I fucking adore) thinks that its a bit too petty to try and gank the cross from the WTC memorial. (here) I disagree, but whatever.
If a Judge Wants Prosecutors to Follow the Law, He Must Be Biased
Gideon, at the Connecticut Law Tribune gives us a peek into the souls of the prosecutor corps. (here)
An Open Letter to Journalists
Dear Members of the Media, I sincerely appreciate all of your hard work in bringing us the news of the day. In this day and age, there is a lot of burgeoning information and it is cumbersome to sift through all of it to provide summaries to the masses. However, there is one thing you do not do that is incredibly frustrating–provide citations. In reporting on a new science publication, you do not always provide a citation so that the interested reader can learn more. Worse, you rarely identify bill numbers, session laws, or case name/citations when reporting legal news. As a privacy attorney, I found the recent Massachusetts “upskirting” issue might warrant attention. It would have been helpful if
Happy National Teacher's Day
[youtube=http://www.youtube.com/watch?v=9T8ovblvQM0]
Even if you win, you just screwed yourself
Rachel Canning and her parents’ problems seem like pretty typical (albeit on the upper end of things) 18 year old acting-out-behavior. Suspensions. Drinking. A lousy boyfriend. Parental ultimatum of “break up with your boyfriend, or you’re financially cut off.” So, she moves out, moves in with a friend, and the friend’s parents pay for an attorney to sue her parents for access to her college fund. (source) There is a lot of commentary on the case, and none of it positive. I’ll reserve judgment on the lawyer who would bring such a case, and even on the frivolity of the legal theories. After all, this is how the common law develops, right? But, the best analysis is here: Memo to
A very good critique of my position
Ethics Alarms has a very thought provoking critique of my “comfort women” post. I may disagree, but I think it is definitely worth reading and considering when pondering this issue.
Accused of a crime? There go your assets.
I had some serious misgivings about Kagan due to her view that New York Times v. Sullivan should be reined in. (source) Of course, her views on that are at least debatable. She just prefers some of the logic in Canada’s Hill v. Church of Scientology, [1995] 2 S.C.R. 1130. But in Kaley v. United States, she just wrote an opinion that really makes me want to find the architects of the “war on drugs” and fill their mouths with angry bees. In our zeal to be “tough on crime,” we sold out the Constitution. Now the bill is due. The government’s asset forfeiture laws and overzealous prosecutors mean that if you’re even accused of a crime, you’re
BOOM! Down goes Texas
I felt a great disturbance in the Douchebag Force, as if millions of lowlife bigot assholes suddenly cried out in terror, and were suddenly silenced. I think something wonderful has happened. (Gay marriage ban in Texas struck down — fuck you, Rick Perry) See DeLeon v. Perry.
Update – Comfort Women Video
Yesterday’s post, Mayer Brown, shame on you. (日本、ストライサンド効果へようこそ), might come into better focus (if you need it) if you watch this video. [youtube=https://www.youtube.com/watch?v=V-UwU1-RVWs] These are the women that the lawsuit referred to like this: During World War II and the decade leading up to it, an unknown number of women from Japan, Korea, China, and a number of nations in Southeast Asia, were recruited, employed, and/or otherwise acted as sexual partners for troops of the Japanese Empire in various parts of the Pacific Theater of war. These women are often referred to as comfort women, a loose translation of the Japanese word for prostitute. (Complaint at Para. 14) (emphasis added) “or otherwise acted as sexual partners”
Atheists, leave the Bladensburg Cross Alone
You do not need to be as sharp as a mohel’s blade to figure out that I am not the most religious guy in the world. In fact, take the view that the First Amendment provides us both freedom of religion and freedom from religion. So when I see someone file a lawsuit to remove a huge crucifix from public land, my initial reaction is “bravo.” But, sometimes my fellow travelers in the freedom from religion movement are, I think, a bit too zealous. Today’s news brings us such an example. In American Humanist Ass’n v. Maryland-National Capital Park and Planning Comm’n, the Humnanists are seeking to tear down a huge concrete crucifix from public land in the DC Suburbs.
Mayer Brown, shame on you. (日本、ストライサンド効果へようこそ)
Every law firm gets confronted (on a pretty regular basis) with the question: “should I put my name on this?” That soul searching comes into play when you wonder, “is this honorable?” You know when it is, and when it isn’t. I’m not talking about representing a client that you know is guilty — they deserve a defense. I’m not talking about representing a really evil client — because there might be an important legal issue in play. I’m talking about when you do something truly disgusting. That bar is pretty low. Despite the lawyer jokes, I have encountered few lawyers who have ever even approached that line. If a law firm takes on the Nazi party as a client,
Why do we need fair use?
[youtube=http://www.youtube.com/watch?v=kJ3BAF_15yQ#t=18] Need I say more?
This video will set you straight on a lot of issues
I mean, seriously… if you didn’t think of it this way before, you must be blind, or something… or maybe blinded by aliens, or frogs, or Ted Nugent or something. [youtube=http://www.youtube.com/watch?feature=player_embedded&v=vCCw-8a8qGc]
God is a dick
i09 has a pretty good summary of why God is a dick here.
Intentional Sex Tort? (Im)practical Exercise
A while back, there was some spirited discussion about “Intentional Sex Torts” and whether misleading someone in order to hook up with them should be actionable. (Post here) Analyze the facts below. Should the Bass Player be liable? What, if anything, should Ms. Jorgensen recover?
Virginia Gay Marriage Ban Struck Down – Meanwhile Kansas is Still a Shit Hole
The Kansas legislature is on track to pass a law that will legalize discrimination on the basis of sexual orientation, under the guise of “religious freedom.” (source) Apparently, the local variety of worship for the Magic Space Zombie Jew (MSZJ) includes being a douchebag to your neighbors. One part of me wants to say “so what?” Kansas sucks. Let them pass this horrible law, and then let all the gay Kansans move to places that don’t suck. We have some nice homes for sale in our neighborhood. I think it would be nice if some gay Kansans moved in. Have you seen what happens to neighborhoods when the scary gay people move in? (hint, your property values do
Temple of Sweetness
By Tatiana von Tauber I grew up watching Shirley Temple as a child. I bet you did too. While we age and time runs from us, death of great icons really bring us something to be grateful for, to see our lives differently or to realize just how someone affected you, more powerfully than you knew. Shirley Temple did that for me. I’m so grateful to be of age where I will remember the sweetness of her childhood song and dance etched into my inner child. She simply brought pleasure to millions through an innocence that is lost so quickly among our girls. I was born in Czechoslovakia and Shirley Temple’s position as US Ambassador to Czechoslovakia made her especially
RLG Seeks 0-2 Year Associate (Position Filled)
UPDATE: The position has been filled. However, if it is your dream to do this kind of work, I may know of a good firm in Colorado looking for someone. Randazza Legal Group is looking for an associate attorney with 0-2 years of experience. The successful candidate must be enthusiastic about practicing in the areas of First Amendment Law and international intellectual property law. I greatly prefer that the candidate be admitted to the bar, somewhere already, but the successful applicant must be ready, willing, and able to take the Florida or Nevada bars. Position most likely based in Las Vegas, but Miami is a possibility. Candidates must be in Las Vegas or willing to relocate to Vegas. You must
Knox. Knox. No Justice There.
By Tatiana von Tauber What do you think of this Amanda Knox story? I watched her interview here . It’s moving. I’ve been following the case for years and I empathize as sometimes facts lead to conclusions which create illusion, not truth and it is here we discover the depth of trust (and fault), in ourselves and our systems. What is justice? Truly, at what level can another human being say “this person deserves x, y or z for punishment” and call it a day? Who is satisfied? What or whom does that “justice” affect and what is its effect? Will our community be better off with someone like Amanda in jail so we are safer or are we merely
