Wednesday, November 18, 2009
New event!
Quote of the Day - November 18, 2009
I'm an innocent man. I spent 15 years in prison for something I didn't do. I watched my father die in a British prison for something he didn't do. And this government still says he's guilty. I want to tell them that until my father is proved innocent, until all the people involved in this case are proved innocent, until the guilty ones are brought to justice, I will fight on. In the name of my father and of the truth!
-Gerry Conlon, In The Name of the Father
Thursday, January 15, 2009
Quote of the Day - January 15, 2009
Yeah yeah yeah ...
Tuesday, December 2, 2008
Twilight Goes Supreme
In what may be the smallest decision in the last 100 years of Supreme Court jurisprudence, four of the Court's Justices recused themselves from weighing in on the Twilight decision:
Citing the longstanding Supreme Court decision disallowing First Amendment protection of child pornography, the Chief Justice reasoned that, although 100 years old, Edward Cullen, the protagonist and lead romantic interest of the series, was trapped in the body of a 17-year old minor. "Thus," wrote the Chief Justice, "Bella, the novel's heroine, upon reaching the age of majority systematically and obscenely engaged in vampiric, yet statutorily-prohibited acts with Edward, the 17-year old, perfectly-figured lolito."
Characterizing Bella Swan as both a "predator more vile than vampire" and a "dangerously ditzy criminal," the Chief Justice labeled her character "pristinely degrading to women, dependant, insipid, and, at the end, stupendously annoying."
"The reaction this book has stirred amongst the populace of this nation has raised it to a level of danger beyond that posed by vampires and werewolves combined," Alito wrote. "I cannot presume to guess how many lives have been lost, how many families fractured, and how many young romances ruined by the publication of this monstrosity. The name 'Edward Cullen' may now be synonymous with imminent threat of unlawful activity. Sometimes, the clear and present danger presented by novels such as Twilight rise to the level of shouting 'FIRE!' in a crowded theater."
After engaging in another 20 pages of empassioned analogy, Justice Alito ended his concurrence with this interesting, yet ultimately flawed speculation: "The imminent threat of yelling 'FIRE!' in a crowded theater, however, may be ignored by the reviewing court if in fact that theater is showing Twilight. In this instance, fire may indeed be combatted with 'FIRE!'"
Diving into his all-too-familiar dissenter's rhetoric, Justice Scalia made "a passionate plea to vindicate Edward, that un-vivacious, oft-vexing, vixen of a vampire." Citing his long-time fascination with the undead, Justice Scalia at one point in the opinion admitted to "maintaining a library dedicated to the greats--from Stoker, to Rice, to...you guessed it, Meyer." Justice Scalia, clinging to his quirky, yet endearing penchent for self-referral in the third person, then reasoned that "If Scalia, as conservative a fellow as exists, could love and appreciate Twilight, it obviously could not fail the first prong of the Miller test. While Scalia is many things, prurient he is not." Legal scholars are already debating the viability of such a "Scalia Prurience" test.
In the meantime, these self-proclaimed "Culleneers" have already adopted Justice Scalia (pictured above with protesters) as their own jurisprudential Edward, holding his opinion up as a "Standard of Truth, Justice, and Meyer." Perhaps sensing his own impending move from the Stuffy Bench to the Sexy Crypt, Scalia seemingly relished in the opportunity his dissent provided to whip out a jurisprudential stake and make a stab at what many view as the underpinnings of the majority's decision: male anxiety.
"Roberts, Alito, and Souter are, in the layman's term," Scalia writes, "sissy pants. If they were more like Edward, as Scalia is and continues to become as his per se life winds down and his un-death begins, they would 'get more play.' This is a case not of obscenity, nor of incitement, nor of any danger; this is a case of the Honorable Twilight Player Hater."
Justice Scalia closed his decision, and the opinion, with typical artistic flair. "Scalia, the Player, the Justice, the Jurisprudential Vampire, thus dissents...with a flourish of his cape and a flash of his mighty fangs. Mwa-ha-ha."
Today, as twilight settles in over the Potomac, fans of Edward Cullen and Justice Scalia can be seen emerging from their shelters and roving the streets of DC clad in black robes, neatly coifed hair, and plastic teeth. While the gears of Justice may have ground its press to a halt, in the minds and hearts of these true believers, Twilight has not gone will never go alone into the dark.
--Bob Lawblah, Law Blog Senior Writer.
Monday, November 10, 2008
Thursday, October 30, 2008
Quote of the Day - October 30, 2008
Wednesday, October 29, 2008
Quote of the Day - October 29, 2008
Doug (deaf lawyer's translator): "She said she is the lawyer that the court appointed you, and if you don't like it you can represent yourself, your ignorant white trash whore."
Tuesday, October 28, 2008
Quote of the Day - October 28, 2008
Monday, October 27, 2008
Alexandra Cabot: Lawyer Superhero Number Nine
9. Alexandra Cabot, Law and Order: SVUA controversial choice, we know. In a way, the "Law & Order" ADAs are somewhat interchangeable. Were you aware that so many hotties went to law school? And then became low-paid public servants? With extremely high trial success rates? We didn't, either. From Abbie Carmichael to Serena Southerlyn, Connie Rubirosa to Kim Grayleck, the L&O franchise has churned out more photogenic prosecutors than Harvard has kids with superiority complexes.
So why does Alex Cabot stand out above the rest? Well, she did take on a Columbian drug syndicate and have to go into federal witness protection. And then she left federal witness protection to testify against another baddie. And then had to go back in and assume yet another identity.
And you couldn't even earn your pro bono certificate. Tsk tsk.
Quote of the Day - October 27, 2008
Tom Hagen: "I have a special practice. I handle one client. Now you have my number. I'll wait for your call. By the way, I admire your pictures very much."
Saturday, October 25, 2008
Allison Janney
I wonder if besides sharing C.J.'s good looks, Jean also shares C.J.'s wit:
"More people get killed each year getting change out of a vending machine than get killed in a wolf attack. Number of people killed last year retrieving change from a vending machine: four. Number of people killed by a wolf attack: zero." -C.J., The West Wing.
So, really, is C.J. Jean, is Jean C.J.? hmmm ....
Friday, October 24, 2008
Quote of the Day - October 24, 2008
Tracy: "You can't sue me! I'm already being sued! Double indemnity!"
Thursday, October 23, 2008
Quote of the Day - October 23, 2008
Wednesday, October 22, 2008
Veronica Donovan: Lawyer Superhero Number Ten
10. Veronica Donovan, Prison Break Quote of the Day - October 22, 2008
Fun Fact #31
For those of you who need an example I'd be glad to provide one.
Here is a plain English description of governmental immunity (sadly, based on a real case):
If the police ignore your mulitple pleas for help every time your psycho ex-boyfriend threatens to kill or maim you, it's OK. And don't bother trying to sue the police, when your ex finally follows through with his threats, especially if you live in New York.
You see, police are required to protect everyone, but have a duty to no one in particular. That's what Linda Riss found out after her ex-boyfriend hired someone to through lye in her face. She sued the police for ignoring her pleas for help. The New York court said, basically, too bad Linda, "there is no warrant ... to carve out an area of tort liability for police protections to members of the public."
Here is the IRAC version:
Is a police department liable to a citizen who suffered severe personal harm after repeatedly seeking help from the police to no avail?
Governmental public service agencies, such as a police departments are typically immune from liability for failing to protect individual citizens.
Governments may be liable under tort law for certain activities that provide services for public use, such as highways and public buildings. However, the Court of Appeals of New York, said in Riss v. City of New York that this isn't the case for police departments, which "protect the public generally from external hazards."
The court reasoned that because police have limited resources, they can't be expected to protect every single person, or else lawsuits could spiral out of control. The court also suggested that it would be up to the legislature to "carve out an area of tort liability."
Given this line of reasoning, it would seem that the police department owes no duty to Riss and the department is therefore not likely to be found liable for her injuries.
Tuesday, October 21, 2008
Sit Down. Stay Com.
Recently, I was privy to a conversation about being on a journal in law school. As we all know, being on a journal, preferably law review, is the only way for anyone to have any measure of success for the rest of their life. No person who failed to participate in law review ever successfully put someone’s grandmother away for selling meth, nor negotiated a settlement wherein an orphanage paid an oil company billions of dollars to keep them quiet. That’s why it surpised me so much when I heard the following phrase: “they ought to make a sitcom out of law review.”
After I reswallowed the bile that erupted out of my throat, I uttered a one word response: “That is the worst idea since they decided to put Cardozo’s drivel in textbooks.” (I’m paraphrasing. I believe what I literally said was “Mwuh? Gah?”) I really had a point, Cardozo’s writing was drivel. But I had another point as well: people on law review are not funny, even as objects of ridicule. They are merely unpleasant. Law review cannot and should not be allowed to entertain anyone on any level.
First, television is about structured expectation. There’s the likable ne’er-do-well, the wacky sidekick, the love interest, and of course, the jerk. In the case of a law review sitcom, however, we have a cast strictly composed of jerks, with the biggest jerk of all at the head. See, e.g., The Utah Law Review. There is no lovable schlub to relate to, pining for the unobtainable opposite member, guided by the misguided yet affable advice of a concerned moron. Instead, a law review sitcom would require casting David Spade in every role, something not even the ghost of Chris Farley could tolerate. For what is David Spade, without a cast of cheerful idiots with which to surround him? Simply another law review member.
Second, in a traditional sitcom, jokes follow a tripartite structure: innocuous setup followed by one normal statement, an additional normal statement, and finally something ridiculous. For example: “What’s on your grocery list, protagonist?” “Why thank you for asking, wacky sidekick! It says, eggs, milk, and the love interest.” (cue audience hilarity). In a law review sitcom, each joke would be rigidly cited using only printed sources, requiring intense research on behalf of the audience to verify its humor, the least subtle of which would be signaled cf. Cf is not funny. Unless you think it stands for Chicken Fornicator, which at least one member of the Utah Law Review has confirmed that s/he does.
If we must give yet more recognition to these most conniving, most inhumane, most… evil, dare I say it, of law students, then we should only do so via the reality format. Reality television rewards sneaky, underhanded, mean-spirited behavior. This is clearly the venue most suited to the shifty reptiles we collectively call Law Review. It also is the best way to get them to eat bugs.
