Law

Feb 17, 2016 ∞

Re: Dumb conspiracy theories on Scalia's death

Enough with the conspiracy theories about Justice Scalia’s death

I read this earlier today:

"As a former homicide commander, I am stunned that no autopsy was ordered for Justice Scalia," William O. Ritchie wrote in a Facebook post on Sunday, according to reports. After seeking to cast doubt on the conclusion of the deputy U.S. marshals who responded to a call from the ranch, he added, "My gut tells me there is something fishy going on in Texas."

My gut tells me there is some fishing for attention going on in the head of the former D.C. police officer who said that.

Why?

Let’s consider this:

Why?
Why??
Why???

Was it a Liberal conspiracy to get President Obama one more lasting decision about the future of United States legal policy?

Was it a “Conservative” conspiracy to give Congressional Republicans and presidential candidates something “meaningful” to “stand up” to Obama about?

Was it Ancient Aliens?

There was no autopsy, they say! There was a pillow above his head, they say! The President was told long before anyone else, they say (as if the President doesn’t get most of the news before everyone else…)!

Conspiracy theorists demand: “What is your proof Scalia wasn’t murdered?”

These stupid theories remind me of one of the frequent arguments levied against atheists: “What is your proof that there is no god??”

Who proved god exists in the first place?

Pillows

Many articles note the ranch owner who found Scalia said there was a pillow above his head, and many conspiracy theorists point to this as suspicious. I sleep with a pillow over my head every night, and another one underneath it, using the two to drown out the sounds of an increasingly conspiratorial world so I can maintain my slumber all night long.

No conspiracy. Just a light sleeper.

Politics aside

I disagreed with much of Justice Scalia’s Supreme Court jurisprudence but his presence on the Court was invaluable to the development of United States law and the debates from which it springs.

He articulated his positions in such a way that I (almost always) respected them, even when I found it hard to believe someone so intelligent was seriously asserting them. He was rarely conclusory, giving reasons for his views, and whether you agreed with those reasons or not, that’s more than most politicians (and lawyers) usually do.

His death is a loss, but there are few more certain paths to some sort of immortality than thirty years on the Supreme Court of the United States.

Photo: Then-nominee Antonin Scalia, right, with President Ronald Reagan in 1986, via Wikipedia

Feb 2, 2016 ∞

Retiring founder wants $1M for his SCOTUS audio archive

Oyez is a robust archive of audio recordings and other information spanning much of the history of the Supreme Court of the United States. Its founder Chicago-Kent College of Law Professor Jerry Goldman is looking for a buyer as he nears retirement. Jess Bravin reports at the Wall Street Journal:

The sticking point, however, isn’t the annual budget; Harvard Law School, for one, has offered to pick up the operating cost. But Mr. Goldman also wants to be paid for the sweat he’s put into his baby–or at least the intellectual property it represents—something he estimates is worth well over $1 million.

Here comes an entitled opinion right here: A decision to somehow “close down” Oyez if no one is willing to put up six or seven figures for it would be morally bankrupt and stain Professor Goldman’s otherwise admirable legacy.

Jan 14, 2016 ∞

U.S. DOT paving way for self-driving cars (and a Klingons aside)

U.S. DOT paving way for self-driving cars

Chris Ziegler reports at The Verge:

DOT and NHTSA will develop the new tools necessary for this new era of vehicle safety and mobility, and will seek new authorities when they are necessary to ensure that fully autonomous vehicles, including those designed without a human driver in mind, are deployable in large numbers when demonstrated to provide an equivalent or higher level of safety than is now available.

This is far more progressive than I expected the federal government to be on the autonomous transportation vehicle front, primarily for safety reasons. It’s good news.

More than 13,000 untested rape kits in Florida

This bit sent shivers down my spine:

After Detroit processed a backlog of 11,000 rape kits, police identified more than 100 serial rape suspects.

Why shivers? Because it instantly prompts me to wonder how many women were raped who wouldn’t have been raped if these kits were more efficiently processed.

Dec 31, 2015 ∞

Cosby charged with sexual assault

Bill Cosby charged with sexual assault in Pennsylvania

The TV legend is accused of drugging and sexually assaulting former Temple University employee Andrea Constand when she visited his suburban Philadelphia home in 2004. A probable cause affidavit filed by investigators this week alleges that Cosby “sought to incapacitate” Constand by giving her a mix of pills and wine that sent her slipping in and out of consciousness and left her unable to consent to sexual activity. Priligy brand and generic Priligy effectiveness reviews read on http://howmed.net/priligy-dapoxetine/.

Ms. Constand settled her civil case against Mr. Cosby but the latter’s statements in a deposition taken for that case and released to the public by request of the press triggered the Montgomery County District Attorney’s obligation to prosecute Cosby.

Dec 29, 2015 ∞

Is sending porn illegal in Pennsylvania?

Dave Davies writes on his WHYY blog, Off Mic:

It's right there in the state crimes code; it's a third-class misdemeanor to "sell, lend, distribute, transmit, exhibit, or give away or show any obscene materials to any person 18 years of age or older..." (There's a separate statute prohibiting distribution of pornography to anyone younger than 18.)

He’s right, you can find it at 18 Pa . C.S. 5903. Davies goes on to explain the difficulty of defining “obscenity,” a function of the concept’s basis in community standards which can vary from community to community.

Dec 18, 2015 ∞

Laser-armed fighter jets by 2020

Thom Patterson writes for CNN:

Here's how Air Force special ops might use them: The commander of USAF special ops, Lt. Gen. Bradley Heithold, said last September that by 2020 he wants them on C-130J Ghostrider gunships for landing zone protection.
The laser weapons would take out possible threats like enemy vehicles, or disable infrastructure such as cell towers.

I saw Star Wars: The Force Awakens last night (more on that coming in an article later) so laser weapons seem an appropriate story to share today.

Dec 10, 2015 ∞

"A slower-track school where they do well"

“A slower-track school where they do well”

I’m just going to leave this Justice Scalia quote right here:

There are those who contend that it does not benefit African Americans to get them into the University of Texas where they do not do well, as opposed to having them go to a less-advanced school, a slower-track school where they do well.

Israeli Supreme Court Rejects Family Petition To Bury Trans Woman As Their “Son"

Peleg, who was 31, had long been concerned about a battle with her ultra-orthodox family after her death. Their beliefs forbid cremation, and she worried they would attempt to have a religious burial under her male name. Peleg paid for her own cremation in March 2014 at the one funeral home in Jerusalem that performs the service, and filed a will with an attorney a day before her suicide and asked that he fight for her wishes if her family attempted to interfere.

This is heartening. No one should be driven to suicide by discrimination against who they are, but the ultimate insult is ignorance of one’s post-death wishes, because when are we more vulnerable than in death?

Nov 25, 2015 ∞

Adele's '25' on Pandora

Adele’s ‘25’ on Pandora

Pandora confirmed to Entertainment Weekly that every track from Adele'e new album is available through its radio service. That's not going to be a particularly great way of listening to 25 — because Pandora is a radio service, it means you can't choose what to listen to and will have to wait for a station to play the new songs — but it does mean that Adele's album is streaming in some form. You just have to be really, really patient to hear it all.

Pandora’s strange licensing niche usually works against it but here, despite the inability to listen through the songs in order, Pandora has something like an exclusive.

I wonder if Adele’s lawyers told her that keeping it off the on-demand streaming services means the track order she chose will not be the one many people hear the first time they hear the songs.

I don’t know how much that matters to modern musicians, or to someone like Adele, who doesn’t really have a customer acquisition problem.

For the, er, record, I prefer to listen to an album in order if possible.

Nov 24, 2015 ∞

Restraining orders in the age of drones

Today Joshua Goldman of CNET reports that the FAA recommends requiring drone pilots to register instead of registering every single drone:

On November 21, the FAA task force made its registration recommendations, and instead of keeping track of each and every drone out there, it suggested registering the names and street addresses of the pilots (mailing address, email address, phone number and serial number of the aircraft are optional). The registration requirement will apply to any UAS less than 55 pounds (25kg) and heavier than half a pound (250 grams) and owners must be at least 13 years old. A parent or guardian can register for anyone younger than 13 years old.

That makes perfect sense to me. I am concerned, however, about the implications for drone use when it comes to what are widely known as restraining orders, although in Pennsylvania they are called protection from abuse orders. The function of such orders is simple: make the defendant’s physical proximity to or remote contact via telephone or third parties with the plaintiff an indirect criminal contempt. This triggers the ability to sanction and if necessary imprison a violating defendant.

As you can imagine, these are especially useful in domestic violence situations, custody disputes and stalking circumstances. Pennsylvania orders can last up to three years based on the judge’s discretion, while New Jersey orders can theoretically last forever. Importantly, in both states a protection order prohibits the defendant from owning or receiving firearms. The goal is obvious: you don’t want a nutcase kept 100 yards from his ex-wife by a protective order to have a gun with three times that range with which to attack her.

This is where my concern about drones comes into play. I think FAA registration of drone pilots is a great idea. However, the surveillance and yes, even remote attack capabilities of drones require the prohibition of their use by defendants in protection order matters. The FAA maintains a public-facing database of registered aircraft pilots in three categories, Airline Transport Pilot, Commercial Pilot and Private Pilot. It could add a fourth category, Drone Pilot. Then it could add registration information to its Web Services, for which it provides an API with which developers can interface with the data and present it to end users.

This would allow authorities to cross-reference their own protection order registries, like Pennsylvania’s Protection From Abuse Database, with the FAA registration information and remove drones when the state police remove firearms from the defendant’s possession. Drones are an awesome technology but their value to filmmakers, scientists and geeks generally shouldn’t blind to the fact that they can be put to nefarious uses as well.

Nov 9, 2015 ∞

When is time to take antitrust action against Comcast?

It’s hard to read about U.S. comeptition law without wondering when Comcast is going to face consequences for its clear abuse of its market power.

Oct 19, 2015 ∞

China hack attacks on US continue despite commercial spying pact

If this surprises you, I’ve got a real-life, fully functional totally Back to the Future hoverboard to sell you…

Oct 7, 2015 ∞

CFPB proposes ban of class action prohibitions in arbitration clauses

The Consumer Financial Protection Bureau said in a press release today:

In the Dodd-Frank Wall Street Reform and Consumer Protection Act, Congress required the CFPB to study the use of arbitration clauses in consumer financial markets and gave the Bureau the power to issue regulations that are in the public interest, for the protection of consumers, and consistent with the study’s findings. The CFPB’s study – released in March of this year – showed that arbitration clauses restrict consumers’ relief for disputes with financial service providers by allowing companies to block group lawsuits.
The study also found that, in the consumer finance markets studied, very few consumers individually seek relief through arbitration or the federal courts, while millions of consumers are eligible for relief each year through group settlements. According to the study, more than 75 percent of consumers surveyed in the credit card market did not know whether they were subject to an arbitration clause in their contract. Fewer than 7 percent of those consumers covered by arbitration clauses realized that the clauses restricted their ability to sue in court.

The March 2015 CFPB report on this issue (PDF) said:

The Bureau understands that class lawsuits have been subject to significant criticism that regards them as an imperfect tool that can be expensive and cumbersome for all parties. However, the Bureau notes that Congress, state legislatures, and the courts have mechanisms for managing and improving class procedures over time. On balance, the Bureau believes that consumers are significantly better protected from harm by consumer financial service providers when they are able to aggregate claims. Accordingly, the Bureau believes that ensuring that consumers can pursue class litigation related to covered consumer financial products or services without being curtailed by arbitration agreements protects consumers, furthers the public interest, and is consistent with the Study.

Class action lawsuits can be a pain in the ass for everyone involved and the only winners are the plaintiffs' lawyers. But the mere possibility of a class action may be enough to prevent predatory behavior on the part of service providers.

Sep 24, 2015 ∞

'Happy Birthday' copyright held invalid

‘Happy Birthday’ copyright held invalid

Until now, Warner has asked for royalties from anyone who wanted to sing or play "Happy Birthday to You" --- with the lyrics --- as part of a profit-making enterprise. Royalties were most often collected from stage productions, television shows, movies or greeting cards. But even those who wanted to sing the song publicly as part of a business, say a restaurant owner giving out free birthday cake to patrons, technically had to pay to use the song, prompting creative renditions at chain eateries trying to avoid paying royalties.

I hope this is the death knell of every non-‘Happy Birthday’ song all of those tchotchke-full restaurants have been forcing their underpaid and overworked waitstaffers to sing to uncomfortable diners.

Sep 23, 2015 ∞

The Government Is Selling Thousands of Homes to Hedge Funds Without Their Owners' Knowledge

Jared Bennett reports at The Atlantic:

It was a great deal for Oaktree. The fund bought the pool of mortgages for about two-thirds of the $105.7 million HUD estimated the homes were worth. [Julius] Uwansc, who now faces foreclosure through the new servicer of the loan, Selene Finance, was unaware that any of this had transpired.
“Whatever deal that went on between Bank of America, Selene and HUD is not known to me,” he says. Uwansc maintains he has complied with the terms of his modification and has filed lawsuits against both Bank of America and Selene.

I worked at the Philadelphia Housing Authority for almost seven years. Many of the programs run by the United States Department of Housing and Urban Development are poorly understood, even by the executives who are tasked with making use of them in their own cities. But many of those programs are also beneficial to the community, when properly utilized, and when the agencies involved take the time to explain the benefits to all of the stakeholders involved, from potential residents to the mayor.

Read the article at The Atlantic for full context, but it sounds to me like the program tdhis article covers, the Distressed Asset Stabilization Program, or DASP, is not being sufficiently overseen and participating investors are taking advantage of “flipping” strategies and rental demand, especially in cities full of once-again-rapidly gentrifying neighborhoods, like Philadelphia. The demolition of high-rise public housing buildings colloquially (and, I would suggest, derogatorily) known as “projects” and construction of row-home style mixed-income residential developments, had decreased crime, outstanding rent, utility costs and other “key performance metrics” even before I left in 2013.

Video gamer hunts down, stabs man who killed his online 'Counter-Strike' character

Video gamer hunts down, stabs man who killed his online ‘Counter-Strike’ character

Michael Sheridan reports at NYDailyNews.com:

Julien Barreaux reportedly spent six months looking for the person who killed his online character in a virtual knife fight, and eventually found the foe living only a few miles away in Cambrai, a town about 2 hours north of Paris.

The lunatic only got two years' imprisonment for what pretty plainly looks to me like premeditated attempted murder. I don’t know anything about French law, but that seems like an embarrassing outcome for any prosecutor.

Image is top of French Declaration of the Rights of Man and of the Citizen

Sep 3, 2015 ∞

My annual sportsball post: Tom Brady’s Four-Game N.F.L. Suspension Erased by Judge

Tom Brady’s Four-Game N.F.L. Suspension Erased by Judge

Tom Brady is now set to play in the Patriots' opener. I don’t care, but I know my parents, my siblings and most of my friends might. Here’s what the presiding judge said:

"The court finds that Brady had no notice that he could receive a four-game suspension for general awareness of ball deflation by others or participation in any scheme to deflate footballs, and noncooperation with the ensuing investigation" Berman wrote.

So there you have it. A sportsball post. Don’t say I never gave you anything.

Photo by Belinda Haskins Miller

Aug 27, 2015 ∞

Alison Parker, Adam Ward of WDBJ remembered by friends

It’s inappropriate to use these tragic murders as fodder for the never-ending Second Amendment debate, and people on both sides of the isle are already guilty of that.

If the killer’s intent was to terrorize, are those people who are disseminating photographic and video imagery of the murders aiding and abetting that son of a bitch, even after his suicide?

I’m obviously emotional over this thing, as many people are, and the aiding and abetting thing is more a thought experiment than a serious question. But if we don’t at least think about it, try to push the debate forward somehow, if nothing changes at all, Alison and Adam died for nothing. That’s unacceptable.

Aug 18, 2015 ∞

Lewis James Fogle Free, 34 Years After His Wrongful Conviction

The case against Mr. Fogle itself was never a strong one – it was based entirely upon the testimony of so-called jailhouse informants, including a man himself suspected of the crime. It was only years after the 15-year-old victim’s body was found in the woods that the suspect, Elderkin, named Mr. Fogle as being involved. This accusation came during Elderkin’s fifth statement to police, while Elderkin was receiving psychiatric treatment and with the assistance of hypnosis. No physical evidence connected Mr. Fogle to the murder, and he testified at trial he was nowhere near the scene when the girl was murdered. Nonetehless, the jury convicted Mr. Fogle and the court sentenced him to life in prison without parole.

This gentleman spent more time in jail for something heinous he didn’t do than I have spent being alive. This guy has a wife and kids, who not only haven’t lived with him for 34 years, but who have had to deny he assaulted and murdered a teenager, as well. The District Attorney was admirable in his cooperation with Innocence.

But there is no utility in blaming or blessing any single person: what changes can we make to the criminal justice system that will prevent mistakes like this from happening in the first place?

Maybe life with parole shouldn’t be on the table unless there is conclusive DNA evidence of the defendant’s guilt. I don’t know. But we can’t shrug our shoulders about it. After all, we were happy to incarcerate Fogle for the rest of his life when we thought he took someone else’s life. What will do now that we have effectively taken most of his?

Why?

Pillows

Politics aside

Further reading: