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Marco Rubio, the Birthers, Batista, Castro, and a little Cuban History

At least we now know that the “birthers” are non-partisan. They are descending upon Marco Rubio. (source) Of course, the birthers are as stupid as ever. Rubio was clearly born in Flori-duh, and we still have “birthright citizenship.” End of that story. On the other hand, it seems that Marco Rubio has been a little less than forthcoming about when the Rubios got to the United States. (source) During his rise to political prominence, Sen. Marco Rubio frequently repeated a compelling version of his family’s history that had special resonance in South Florida. He was the “son of exiles,” he told audiences, Cuban Americans forced off their beloved island after “a thug,” Fidel Castro, took power. But a review of

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The Aroma of Tacoma Smells Like a Can of STFU.

Back in 2009, Washington State Governor Christine Gregiore signed SB 5688, the so-called “Everything But Marriage” act. Source. Shortly thereafter, a group of concerned citizens calling themselves Protect Marriage Washington got enough signatures to place a referendum challenging the bill. Protecting marriage from what, exactly, remains a mystery but Imma call them “The Protectors” anyway. No word on if they have capes with an Xed-out picture of two guys holding hands. Anyway, shortly after Washington Secretary of State Gary Reed determined the signatures were valid, he received a public records request under Wash. Rev. Code §42.56.001 for the names and addresses of the 137,000 signatory Protectors. The Protectors didn’t like that one bit and asked for a preliminary injunction to

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Bigfoot Spotted Fighting for Free Speech at the New Hampshire Supreme Court

Back in March, I wrote a snippet about a guy who brought suit against the State of New Hampshire for its burdensome permit requirements for filming in Monadnock State Park. See Plaintiff’s motion for summary judgment. The facts of the case are nothing short of awesome. September 6, 2009 dawned sunny and temperate in New Hampshire. Plaintiff, Jonathan Doyle, a sometimes landscaper, sometimes janitor, and full time free spirit, filmmaker and performance artist decided to take advantage of the day to engage in an art performance that he called Bigfoot on Mt. Monadnock. That morning the plaintiff purchased a gorilla costume from IParty and, with his then girlfriend, climbed Mt. Monadnock in Jaffrey, carrying the gorilla costume in a backpack.

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Was the Declaration of Independence Illegal?

The BBC reports on a debate held in Philadelphia between American lawyers and British barristers. (source) The American side of the debate: The Declaration is unquestionably “legal”. Under basic principles of “Natural Law”, government can only be by the consent of the people and there comes a point when allegiance is no longer required in face of tyranny. The legality of the Declaration and its validity is proven by subsequent independence movements which have been enforced by world opinion as right and just, based on the fundamental principles of equality and self-determination now reflected in the UN Charter.(source) And the British: The Declaration of Independence was not only illegal, but actually treasonable. There is no legal principle then or now

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Christian Louboutin Shoes and "Aesthetic Functionality"

Christian Louboutin tried to distinguish its shoes from others by giving them a shiny red lacquered sole. The company takes the position that the red sole functions as a trademark — that it helps consumers know the source or origin of the shoes. In general, colors can be trademarks. See Qualitex v. Jacobson Products, 514 U.S. 159 (1995). Think of the Owens Corning fiberglass insulation’s iconic pink color, or the blue Tiffany boxes. Those colors are protected as trademarks, and no competitors may use them without running afoul of the Lanham Act. However, trademarks are about promoting competition – not stifling it. Therefore, if something is “functional,” then it can not be the subject of trademark protection. “The functionality doctrine

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Who really got to North America "first"?

When Columbus got here, there were already people here. That didn’t fare well for them. But, who was here first? The Clovis people were here before what we regard as “Native Americans.” And now, we find that the Manis were here before the Clovis. So it seems that if you really trace who was here “first,” what we think of as “Native” Americans got here at least third. So what difference does it make? A lot. Okay, for me, it doesn’t make a hell of a lot of difference, aside from my annual rant against the crying about Columbus Day. But, “we were here first,” as a concept has led to untold strife. From Basque separatists to German nationalists to

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Missing Child Alert — oh, wait… she's black. Never mind.

You ever heard of Jahessye Shockley? Of course not. When little girls go missing, we only give a shit if they are white — preferably from middle to upper class families. That’s what her uppity grandma says. (source) Please join me in telling her that she should have thought of that before she decided to be black. You may now resume your regularly scheduled viewing of the Nancy Grace show. And don’t say that Nancy Grace doesn’t give a shit about missing minority kids. She once reported on a missing half asian kid. Seriously. The next time you wonder what the hell Elie Mystal is so pissed off about, ask yourself if his kid went missing whether the media would

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The Pope Goes all Kucinich

Say what you want about the Catholic Church… but the supreme leader of the boyfucking cult of the magic space zombie jew is apparently taking on a position that would find a lot of favor in the Occupy Wall Street movement. (source). Go Benny with your bad self! Wear the super big pointy hat when you come out on the balcony, fist raised, screaming potere al popolo!

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Not THAT kind of Brotherly Love

The NAACP and the ACLU filed suit against the City of Philadelphia over a refusal to accept an advertisement for placement at Philly International Airport. (source) The billboard reads: The City claims it rejected the ad because of a policy against “issue” and “advocacy” billboards. However, the suit alleges that the City has allowed such ads in the past. “There is no legitimate justification for the defendants’ refusal to accept this advertisement. The City now claims that it forbids ‘issue’ and ‘advocacy’ advertising at the airport, but there were numerous examples of such advertising in place before and after the NAACP ad was refused. In fact, the City does not appear to have any written policies, procedures, or standards regarding

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And now, the inevitable TSA mission creep

Candle of Liberty, Amy Alkon, brings us news that the TSA is now setting up on the highways. Remember that, the next time you silently and submissively put up with them at the airport — saying “oh, I can’t be bothered to give a shit.” See Did You Really Think The TSA Would Just Be An Airport Thang?

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Dominatrix Lawyer Spanks Former Boss

Former New York state prosecutor Alisha Smith, who helped secure a $5 billion settlement from Bank of America, was unceremoniously suspended from her job because she spent her spare time as a dominatrix. She was suspended from her job because the New York Post questioned whether she was paid for her nocturnal activities. The prosecutor’s office has a policy that prohibits outside employment without prior approval if the prosecutor earns more than $1,000. (source) The New York Post reports: Famous in the S&M world for her skillful spandex-clad spankings, Smith, while not denying her freaky ways, says she did not make money trolling the dungeons while working for the state’s top law-enforcement official, a job she’s held since 2002. (source)

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Qaddafi Dead

The “Arab Spring” has claimed the life of the Libyan despot. (source). We shall see if what replaces him is any better. Meanwhile, the House of Saud, worse than Qadaffi ever hoped to be, is still supported by your tax dollars.

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Stripper lacks class (status, that is)

She take my money, well I’m in need Yeah she’s a triflin’ friend indeed Oh she’s a gold digger way over time That digs on me An exotic dancer by the stage name “Ms. Behaved” sought to be a class representative in a class action against Fantasy Topless in Colton, California. Beachemin v. Tom L. Theaters, Inc. No. SACV 11-0394-DOC (C.D. Cal. Oct. 6, 2011). Beachemin brought suit against Fantasy Topless in an increasingly-common class action claim against strip clubs — alleging that the club misclassified the dancers as “independent contractors” as opposed to employees. The claim further alleged that as employees, the club failed to pay the dancers minimum wage and forced them to share tips with the management.

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Wanted: Satyriconista

If we had the time to make an audiovisual ad for this position, it would look something like this: [youtube http://www.youtube.com/watch?v=EjkY_Gb9_Qo&w=560&h=315] Since we don’t, you’ll need to settle for this written post. We are seeking a new contributor. The editor prefers that it be a law student, because to date, two law students who were Satyriconistas eventually became associates at the editor’s law firm. This is not going to be some dead end, if the right person steps forward. The winner will be able to quickly and coherently organize research presented to him or her, and write an interesting blog post on short notice – often within 3 hours.  A treatise is not necessary, and a few hundred words of

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Receiving DMCA protections while remaining anonymous: Having your cake and eating it too

By J. DeVoy A significant portion of the blogosphere – or at least what I read of it – acts under cover of anonymity.  I think this is important, especially given the candid statements these authors make about political matters and issues of public concern – particularly because these sentiments are far outside the mainstream.  In some cases, their voices cannot be heard elsewhere.  Society cannot grapple with the truth.  When this ultimately has career consequences, or some psychotic antagonist gets too close to the writer’s identity, he can pull the plug immediately, and then work to purge his writings from Google’s cache and the internet archive – leaving it as if he never existed. Part of blogging is borrowing

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Support for Marijuana Legalization Breaks 50%

So says a recent Gallup Poll. (source) Libertarian Five Star General, Rogier Van Bakel says: Popular support for legalizing marijuana is now at 50% — “the highest on record,” says Gallup (good pun there, Gallup). And just out of curiosity, what’s up with the 66% of so-called conservatives who insist on keeping the ‘devil weed’ illegal? They’ll wax poetic about personal liberty, and reliably rail against government being overbearing and too powerful … but when it comes to individuals choosing to toke up at home, they find it advisable to bring in the SWAT team, apparently. Cognitive dissonance … it can really harsh my buzz.

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