News & Media
Judicial Hi-Five of the Day
by Christopher Harbin In an order granting defendant Sony’s motion for summary judgment on a copyright infringement suit, Judge Marilyn Hall Patel drops this choice nugget: Notably, some of the characters that plaintiffs allege to be similar across the stories are Greek gods like Ares, Zeus and Athena. These are stock figures not only of many contemporary stories, movies and video games, but also of the Western collective unconscious. In such a case, it is particularly important for the court to use its own “Blades of Chaos” to slice or filter out the unprotectable elements. Greek gods, dialogues among them about mortal affairs, rivalries among the gods, and mythical beasts such as the Hydra or the Nemean Lion are unprotectable
What does law school really cost?
By J. DeVoy This weekend, my facebook and e-mail discussions focused on a New York Times piece about for-profit trade schools and their questionable value to students. Many likened the trade schools at issue to law schools, which require a substantial investment for returns that, even in the best of times, are uncertain for all but the most elite law students. While much is made of the financial cost of law school, that information is readily accessible. With income-based repayment and the mounting reality that Something Must Be Done (TM) about ballooning student loan burdens, the financial slavery that would normally accompany mortgage-sized debt is diminishing — but not yet eliminated. Too little attention is paid to the opportunity costs entailed
James Brown as the second coming and other weekend updates
By J. DeVoy He is risen? James Brown’s body is missing, and his daughter claims it’s to prevent an autopsy. LaRhonda Petit, the 48-year-old progeny of the singer, said “My daddy’s body has disappeared. I have no clue where it was taken, but I need to know where…I’m convinced his death was suspicious and I want the people responsible brought to justice.” A strange story indeed, given Brown’s high profile in life. Still, he looks downright christly in this photo: +++ USAspending.gov has been failing lately, reports the L.A. Times. A review by the GAO stretching from June 2009 to March 2010 revealed “inconsistencies” between the government’s contracts and the information displayed on the website. Additionally, more than a dozen
At least your kids aren't playing with this
By J. DeVoy From Tim & Eric Awesome Show, Great Job. “I don’t need your dinner, I have Oh-Hungee!”
How to take a profile picture
One of the many reasons that I am glad that Jennifer took me off the market: [youtube=http://www.youtube.com/watch?v=BcbZ0v8Mpvk]
The French can't handle their buzz
On August 16, 1951, the inhabitants [of a quiet French Village] were suddenly racked with frightful hallucinations of terrifying beasts and fire. One man tried to drown himself, screaming that his belly was being eaten by snakes. An 11-year-old tried to strangle his grandmother. Another man shouted: “I am a plane”, before jumping out of a second-floor window, breaking his legs. He then got up and carried on for 50 yards. Another saw his heart escaping through his feet and begged a doctor to put it back. Many were taken to the local asylum in strait jackets. So the CIA put a little LSD in their bread, and a whole French village freaked out. Try spending a weekend at Hampshire
9th Circuit Reverses its Position on "Under God"
Apparently, acknowledging the existence of someone else’s imaginary friend is a “patriotic exercise.” I find few things that make me feel less patriotic than the sight of a group of kids lined up into rows fetishizing a piece of cloth while acknowledging the existence of a fairy tale. The opinion is an abomination, but not something that surprises me when it is authored by a double-Bush nominee. Clearly, Judge Bea put his hand on the Bible when he took his oath of office, and considers his religious beliefs to be more important than his duty to the Constitution. Let us hope that the 9th grants an en banc hearing and trashes this bullshit decision.
Biglaw Bignews
One of my most famous misquotes was in an otherwise awesome interview with Bitter Lawyer. I was quoted as saying: I’d rather drive a stake through my balls than work in BigLaw, where it’s all about being a billing machine and ethics aren’t important. What I actually said was I’d rather drive a stake through my balls than work in some big firm where it’s all about being a billing machine and ethics aren’t important. The difference is subtle, but significant. The printed quote seems to suggest that I think that way about all of Biglaw. I don’t. I feel that way about an awful lot of Biglaw… most of Biglaw. What I actually said, however, is more accurate —
Indian Court Rules Against Blanket Prohibition on Sexually Themed Websites
An Indian NGO filed a petition before the Bombay High Court seeking a blanket prohibition on websites that display any “material pertaining to sex.” The justification for the proposed ban was that this material “is harmful to the youth of this country in their formative years.” (Op. at 1). The Indian Information and Technology Act (ITA) prohibits sexual content in a manner that might be seen as akin to American bans on obscenity. Under Section 67 of the ITA, publishers can be sentenced to three years imprisonment for dissemination of any material “which is lascivious or appeals to the prurient interest” or “if its effect is such as to tend to deprave and corrupt persons” who are likely to read
Is a third creative commons-licensed Nine Inch Nails album forthcoming?
By J. DeVoy Something’s happening at the official Nine Inch Nails website. In the past, such pictures portended the release of Ghosts I-IV and The Slip (available for free download). Both of those albums were released under a creative commons license, a move praised by Harvard Law professor Lawrence Lessig. The band’s move to creative commons licensing and self-distribution isn’t particularly shocking. In 2007, Nine Inch Nails frontman Trent Reznor told fans all around the world to steal copyrighted music distributed by his then-label, Interscope, rather than buy it. [youtube=http://www.youtube.com/watch?v=IFXivarypE4&hl=en_US&fs=1&] The band has also taken a particularly open approach to its live concerts, securing permissive recording device policies at a number of venues. Additionally, the band released HD footage from
Short, cool video on black holes
By J. DeVoy [youtube=http://www.youtube.com/watch?v=GYKyt3C0oT4&hl=en_US&fs=1&] Around age four, I had great anxiety about black holes and their ability to destroy the planet. Some parents have to convince their children that they won’t be eaten by monsters; mine had to constantly reassure me that I, along with the rest of the world, wouldn’t be torn apart on an atomic level and sucked into a gravity well at faster-than-light speed.
Who will look after the dog when God comes for us?
There are an estimated 20-40 million cult members whose beliefs have come into conflict with their love of their pets. This cult is commonly known as “christianity.” Some cult members believe that their leader is a guy who lives in space (sort of like Xenu) and that on the day of “rapture,” he is going to come and pick them all up and take them to his house. Of course, the magic space man will only pick up the faithful, and since animals can’t be christians, they will get left behind. What is a devout pet lover to do? Capitalism to the rescue! A New Hampshire retiree, Bart Centre, started a company called Eternal Earth-Bound Pets. The company matches Atheists
Quick, someone reanimate Ayn Rand!
By J. DeVoy In a delightful smackdown of self-righteous and ignorant Americans who think they have a “right” to everything, including not being inconvenienced, American and Continental airlines will cancel flights rather than abide by new Federal regulations limiting the time flyers can spend sitting on a tarmac. Under the new regulations, airlines can be fined in excess of $27,000 per passenger if the plane is stuck on the tarmac for more than three hours. As the article points out, a delayed Boeing 757 can cost the airline more than $5 million in fines. So, how does the traveling public that actually produces value feel about this? Frequent flier Dave Wooldridge said he plans to punish airlines that cancel flights by taking
Florida proposes tax credit only for "traditional values"
By J. DeVoy Florida’s Republican representatives have added a provision in a $75 million bill, intended to attract entertainment business to the state, which would deny a tax credit to television shows not considered “family friendly.” Shows that feature “cross-generational appeal” and forego smoking, profanity, nudity, sex and obscenity, will receive a tax credit equal to 5% of production costs, instead of the normal 2%. For entities already producing family-friendly content, such as Disney, a 150% increase in available tax credits based on production costs is pretty nice. Unfortunately, the rationale for this bill is terrible, and more or less what one would expect from the Glenn Beck crowd. “I want Florida to be known for making those kinds of
There is apparently only one Lindsay
Lindsay Lohan has filed suit against eTrade for using the name “Lindsay” in its Superbowl ad. (source) Apparently, Lohan’s position is that eTrade used the name “Lindsay” to trade off her name and likeness. The complaint is here, and a perfunctory review of it leads me to the conclusion that it is a piece of shit. Of course, in addition to handling right of publicity cases, her attorney also handles traffic tickets (source). Here’s the commercial. [youtube=http://www.youtube.com/watch?v=5QS9rIZcjaw]
Is Porn good or bad for society?
Kate Harding doesn’t care. She doesn’t want to take it away, even if it is bad. She does, however, demand evidence for any claims to the contrary. (source)
Don't shave your pubes and drive
Don’t shave your pubes while driving. Megan Mariah Barnes, 37, learned this lesson the hard way. Florida Highway Patrol troopers say a two-vehicle crash Tuesday at Mile Marker 21 on Cudjoe Key was caused by a 37-year-old woman driver who was shaving her bikini area while her ex-husband took the wheel from the passenger seat. “She said she was meeting her boyfriend in Key West and wanted to be ready for the visit,” Trooper Gary Dunick said. (source) Oh, the genius gets better. This is Flori-duh, after all. The day before the accident, Barnes was convicted of DU with a prior arrest and driving with a suspended license. She was supposed to turn her car in for impounding, and her
Westboro Baptist Church gets its day in front of the Supreme Court
Cert. granted in Snyder v. Phelps. Regular readers already know that I reluctantly side with Westboro on this one.
