Miscellaneous

Wombat-Rape Story NOT An April Fools' Day Item

I guess it is understandable that some readers believe that the previous post, about a New Zealander who was sentenced to community service for falsely reporting he had been raped by a wombat, an assault that he said caused him to "speak Australian," is an April Fools' Day piece.  But, like pretty much everything here, it is true, or at least is based on what I believe to be a credible news report, even if the event itself seems incredible.

Around here, every day is April Fools' Day, more or less, so it's not really a special occasion.

Link:  Learn about April Fools' Day at Wikipedia
Link:  Museum of Hoaxes - Top 100 April Fools' Day Pranks of All Time

Author Writes New "About the Author" Page, Then Writes About How It's New

Rather that just restate that headline again, thus wasting even more of your ever-dwindling lifespan, I will simply direct you to the "About the Author" link in the left-hand column, should you be inclined to read about the author.  The words there now are significantly different than they were last week.

Thanks again for reading.

New Website Design: Please Read With Caution

As you can tell (at least if you've seen a past version of this site), the design has changed mildly.  I remain loyal to blue, but certain other long-serving design elements have been ruthlessly and suddenly dumped, something I now refer to as being "Spitzered."  I do not expect this to affect the entertainment value, if any, of this site, but if you disagree or have a violent antipathy to blue or whatever font this is, feel free to let me know.

Also, please consider the following.

WARNING

A very small percentage of people may experience a seizure when exposed to certain colors and/or fonts, especially if said fonts are employed for the writing of posts that have little value other than wasting the reader's valuable and/or billable time.  Even people who have no history of seizures or epilepsy may have an undiagnosed condition that can cause these seizures, or may be able to fake them in order to get some time off.

This condition may have a variety of symptoms, including: lightheadedness, heavy feet, altered vision, eye or face twitching, jerking or shaking of arms or legs, speaking in tongues, sudden weight gain, sudden weight loss, disorientation, confusion, doing the Charleston, or a momentary loss of awareness. Sufferers may suddenly decide to vote for the Green Party; nothing can be done for these people.  Seizures may also cause loss of consciousness or convulsions that can lead to injury from falling down or striking nearby objects.  To reduce these risks, move all nearby objects away from you a distance at least equal to your height, or lie down before reading.

If you experience any of the above symptoms, immediately stop reading and consult a doctor, if there is one nearby who can understand you given all the shaking and babbling and Green Party rhetoric that is likely going on.  If you or any of your relatives have a history of seizures, epilepsy, Extreme Font Sensitivity Disorder, or getting worked up about things that really aren't that important, please consult a doctor before reading, and then, whatever the doctor says, do not read.

Thank you.

Lowering the Bar's Official Disclaimer and Policies

Introduction to the Preamble to the Disclaimer

After over a year of doing this, I have finally gotten around to posting an Official Disclaimer and Policies.  (Yes, if you were a client, I would move a lot more quickly than that.)  These will also be available at any time by simply clicking on the appropriate link in the left-hand column, a link lovingly hand-crafted by me to ensure the best possible clicking experience for you, the reader.  But I thought it was also a good idea to post them at least once right here on the front page.

With that, here is the disclaimer.

Preamble to the Disclaimer

First of all (apart from the introduction above, which obviously had to come first), I would like to thank you for reading Lowering the Bar, and now for taking the time to read this disclaimer.  So few people actually read disclaimers these days.  Truly, you are the unsung heroes of our nation.

(This is actually not yet the disclaimer itself but rather more of an introductory note and thank-you message. The actual disclaimer will begin in just a moment.)

I suppose that the preceding sentence, while not technically the Lowering the Bar disclaimer, is something that limits the scope of that disclaimer and so could be considered sort of a disclaimer disclaimer.  So, to that extent, it was a disclaimer although not the disclaimer.  The same is true for this paragraph, so, as you can see, this kind of retarded introductory banter could go on for pages were I not every bit as fed up with it as you are, and equally eager to move on to the actual legally binding disclaimer itself.  So, the next thing you read will be that.

The Actual and Legally Binding Disclaimer
(not this heading itself but the text below)

This Site Does Not Give Legal Advice: This website and blog is intended for entertainment purposes only and should not be relied on for legal advice.  It is not impossible that you might learn something useful here and that the thing you learn might be related to the law.  But that would be pure coincidence, and free, and so not “advice” that you should rely on.

As far as accuracy goes, every story on Lowering the Bar (this is still part of the disclaimer, just a new paragraph of it) cites at least one source that I consider to be reputable.  WARNING: I consider Wikipedia to be “reputable,” depending on the circumstances. What this means, really, is that I don’t make stories up – everything here is at least based on a true story.  There are sometimes embellishments or additions for comedy purposes -- it is assumed that you can tell the difference, and if not, may I recommend the Reader’s Digest Joke-0-Matic?

Having said that, I make no representations, warranties, or any other kinds of binding legal promises that any of the facts or legal theories presented here are in fact true or valid.  In fact, many of the stories here at least involve facts or legal theories that couldn’t possibly be true or valid, and yet somebody somewhere thought they might be.  Don’t make the same mistake they did.

Also, stories posted here may involve numerous U.S. states, territories, commonwealths, districts of Columbia, and/or foreign jurisdictions in which I am not licensed to practice law and in which I do not get paid to research.  Believe it or not, I am licensed in California and Missouri and am admitted to the bar of a fair number of federal courts, and I do get paid to give a lot of legal advice.  But this isn’t that.

Policies
(the disclaimer as such has now ended)

Errors or Material Omissions: if you see any of these in a story here, please tell me.  I will fix it if I made an important mistake (it could happen), although again all the actual facts here are drawn from sources that are already public.  I won’t necessarily change or delete something that is true just because you ask me to do that. But I might.

Submissions:  please feel free to email tips, leads, links, suggestions, paternity claims, etc.  I get a lot of great tips this way and appreciate it.  If you want credit for a submission, let me know – for some reason, possibly a desire to keep their jobs, most people seem not to want credit.

Comments policy:  I haven't enabled the comments feature.  I like my job too much.  I have in the past quoted people who emailed me with really good or interesting or comical or just flat-out insane things to say about a story.  Like the professor who thought I had not been fair to the Taiwanese legislator who was so strongly opposed to a bill coming up for a vote that she ate it.  She ate the paper copy of the bill so that they could not vote on it.  He described this to me as a “simple” and “brilliant” legislative strategy.  I included that comment in a followup post out of respect for his knowledge of the politics and legislative process in Taiwan, although I did not change my personal evaluation of the bill-eating strategy.  So email me if you have something you want to add and I very well may quote you.  But no standard comments.  I may add moderated comments in the future.

Email-responding policy: I try but can’t always.  NOTE: the chances of me even reading an email are greatly reduced if it (1) has no subject line at all; (2) the subject or sender include the words “viagra,” “cialis,” “penis,” or any other French words; or (3) the sender’s name has a middle initial displayed, which seems to be a spam indicator, especially if the name is something like “Euphonius Q. Supertramp” (the name on one email I actually received).

If your real name actually is "Euphonius Q. Supertramp,” or anything like it, I apologize for not writing you back but suggest that you make up a normal-sounding fake name for purposes of writing me. Also that you use that name for all other purposes too for the rest of your life.

Linking policy:  I probably will.

Bestiality policy: I certainly will not.

Privacy policy: I don’t know anything about readers except what they might want to share with me.  That includes “cookies.”  I don’t want them.  If I did know something, I wouldn’t store or resell or otherwise use any you-related data except possibly to email you back.  I can sometimes tell from Sitemeter what search someone might have run that caused them to end up at Lowering the Bar, or the server it went through.  But no one can be personally identified that way, so far as I know, and if that were possible, I wouldn’t do it.

Job preservation policy: This blog and everything on or about it or affiliated with it that I have created is the sole property and responsibility of me, “me” meaning M. Kevin Underhill, California state bar number 208211, Missouri state bar number 44582.  It should not be blamed on or attributed to my employer, Shook, Hardy and Bacon LLP, or to any attorney or employee of that firm (except for me).

Thanks again.

Gang of Drunken Santas Attack Theatre

Witnesses estimated the crowd of drunken Santas numbered about 50, and said that they rushed in through the front door of Hoyts Cinema in Christchurch, New Zealand, and began ripping down movie posters and smashing things.

"They were all dressed as Santa and shouting 'Ho f___ing ho'," said Kate Gorman, who was waiting to seeSantas attack in New Zealand the film "Enchanted" with her two young children when the Kringle onslaught began.  Gorman said her children were confused by the event.  "They asked me, 'Are they Santa's helpers gone crazy?' and I said 'No, they are just idiots.'"

Police were called to the scene but the Santas had already fled.  Theater manager Derek Rive called the attackers "hooligans."  "How often do a bunch of Santas just go and wreak havoc?" he asked.

More often than you might think.  For example, in one incident that I reported on in 2005, another group of drunken Kiwi Santas went rampaging through Auckland.  Some threw beer bottles, others reportedly robbed a convenience store, and one climbed the mooring line of a cruise ship.  The New Zealand groups do not appear to be affiliated with the main Santarchy movement, which says that it is a peaceful organization that exists only to have fun and spread holiday cheer.

Link: Stuff.co.nz
Link: Santarchy.com

Santa Groped

Once again, 'tis the season for Christmas-assault cases.  Most of these stories involve simple assault and battery upon (on sometimes by) Santa Claus, but this is the first such story I've come across in which someone touched his Kringle.

A woman in Danbury, Connecticut, has been charged with fourth-degree sexual assault and breach of the peace after Claus told police she had "touched him inappropriately" while sitting on his lap.  The report did not say much about the suspect but did say that she was quickly caught and easily identified because she was on crutches.  Police said that Claus, whose age was given as 65, was "shocked and embarrassed by the whole incident," especially because children were waiting to see him at the time.  The woman was arrested and has a post-Christmas court date.

Confusingly, the report quoted another "Claus," who is apparently not related to the victim but who runs a business called RealSantas.com (a.k.a. "The Kringle Group, LLC"), which pays hundreds of people, who clearly are not in fact real Santas, to publicly impersonate him.  This Claus, "Santa Tim" Claus, said he had never heard of such an incident although he said it was not at all unusual for adult women to get on Santa's lap.  "I've had some very nice ladies sit on my lap," said the purported Claus, which could mean different things depending on how he said it.  "Once in a while they'll say 'I hope Mrs. Claus isn't going to be upset,'" Claus continued.  "You have to be discreet and kind and say, 'Oh, no, she'll be okay.  You can sit here, but only for one photo!'"  Photos beyond the first must be taken in Santa's Winter Chalet!  The mall closes at 9!  Ho, ho, ho!

Disclaimer: to my knowledge no one affiliated with RealSantas.com has ever actually cheated on his Mrs. Claus.  The Kringle Group, L.L.C., notes that all of its Santas must pass a background check by a third-party agency, and are required to have an entertainers' liability insurance policy.  In this way, one can be sure that one's children are "safe in the hands of Santa."

How the lap of Santa will be kept safe is still an open question.

Link: WFSB.com (Hartford, CT)
Link: The Amalgamated Order of Real Bearded Santas

Drug Dealers Subject Buyer to Cookie Torture

Is it really "torture" if what you're being burned with are freshly baked cookies right out of the oven?

Well, obviously not, if you're John Yoo, since this seems unlikely to cause pain equivalent to that caused by organ failure or death, but assume for purposes of this question that you are not John Yoo.

Tough call -- I suppose it would hurt, but then you'd still have freshly baked cookies.

Link:  MSNBC.com

Accused Flasher Exposes Evidence in Court

Lawyers involved in a 60-year-old German man's appeal of indecent-exposure charges were, for some reason, "stunned" when the man took his clothes off during a court recess.

"The court withdrew for deliberations and during the adjournment the man removed his clothes again," said a court spokesman.  The court apparently had just heard the man's arguments on appeal from his conviction for interrupting a girls' soccer match by running onto the field naked and striking a range of "body builder poses."  According to the spokesman, the man sees it as an issue of free expression.  "It appears he sees it as art, and views himself as a living work of art."  It seems that at least one person in the crowd, having viewed him, did not agree with that assessment.

The report did not say whether the incident affected the outcome of the artist's appeal, but it did result in a new set of indecent-exposure charges.

Link: Reuters

Google Searches That Led to "Lowering the Bar," Part Two

Time again for "Google Searches That Led To Lowering the Bar," that exciting series in which we learn what odd questions some people out there have for Google (anonymously -- as I mentioned before, I can see the search terms, but no info about who's searching), and the interesting paths by which some of them end up at "Lowering the Bar."  For some of these, I see the connection.  Some are mystifying.

One reason I'm doing this now is that I'm contemplating putting a Google Adsense thing in the sidebar of this blog, and as you may know Google does its best to match the text ads that pop up there with the text of the website on which the box appears.  Given the results below, I frankly have no idea at all what Google may put in my sidebar, so I'm offering this partly to give you some warning.

So, with that, here's:

Google Searches That Led to "Lowering the Bar," Part Two

how do I request a pardon
class action guacamole
workers compensation dye pack injury
sports mascots altercations and problems
missouri [is] it illegal to carry a sword on halloween
are nunchucks illegal in las vegas
midget law
zamboni speed
bigfoot opinion polls
hitler goldfish bowl law
city of boulder no circus
a jury of her peers bullshit
BBC reporter yells at scientologist
star wars attorney equation wheelchair
zz top car burial
the three stooges legal battles
harassment charge honking in the night
anti-witchcraft laws
Northern Virginia Female Vampires
law on killing a bat
i have monkeys in my pants
male brazilian wax revenge
nudity of Michaelangelo's David
old man wearing a walmart sack as overalls
foreigners are presented with a special tribal underwear to wear
how to become professional beer taster
investigating cat murder
dominant male prison pen pal
worst restaurant in all christendom
kazakhstan law on switchblades
irritable bowel syndrome and speeding tickets
things to keep an inmate busy
animals molesting human biblical found
tx law - what class laser will the blind use to hunt
can drinking beer give you carpal tunnel
best corporate mascots [Lowering the Bar: #1 result for this search]
how to murder somebody [same]

See also Googling the Bar [Part One of this series]

Best Law Blogs

The editor of Blawg Review has started a "meme," which Wikipedia defines as a "theoretical unit of cultural information . . . that propagates from one mind to another analogously to the way in which a gene propagates from one organism to another . . . ."  Well, not in the same way, exactly, but you get the idea.  If a meme is a good meme, it will continue to spread; if not, eventually it will be taken out behind the shed and buried.

This one is designed to spread the word about good law blogs -- Blawg Review nominated ten blogs, encouraged their authors to name ten more, etc.  I was "tagged" in the third wave by Kimberly Kralowec of The UCL Practitioner (thanks, Kimberly), and so here are my suggestions.  You won't be surprised to learn my list is made up mostly of blogs I think are funny.  In no particular order:

  • A Criminal Waste of Space
    • How many appellate justices have made you snort milk, or whatever you happened to be drinking, out your nose?  Justice William Bedsworth has that power.  That, plus the ability to potentially make fun of me in court, ensures that he will be listed here.
  • The Wall Street Journal's Law Blog
    • The blog of the Wall Street Journal, you are thinking, cannot possibly be funny.  But did you not also once think, Kid Rock cannot possibly be married to Pamela Anderson?  And yet that also was so, Grasshopper.  Written by Peter Lattman (and others), the WSJ Law Blog is always entertaining.
  • That's What She Said
    • Julie Elgar of the employment-law firm Ford & Harrison watches each episode of "The Office" and then posts a comment on what Dunder-Mifflin management did wrong, complete with an estimate of the litigation value of the acts in each episode.  A great idea.
  • Legal Antics
    • Nicole Black is a frighteningly energetic writer and attorney in Rochester, New York, who was already publishing a New York law blog called Sui Generis, writing a weekly column for a legal newspaper and practicing law when she decided she didn't have enough to do and started this legal humor blog.  Good stuff.
  • The Law and Magic Blog
    • I think I would like this blog if it had no posts at all, I like the name and the idea so much.  But there are posts.  This blog is written by Christine Corcos, an associate law professor at LSU, who is finishing up a book on law and magic due out next year.  If you need a lawyer-magician for your firm -- and who doesn't? -- there are some listed here.
  • On Point Legal News
    • Written by Matthew Heller in association with Courthouse News Service, this blog is often very funny in addition to being a great source of news.  It frequently provides links to the actual court documents, so you can see the work product of those who are, for example, suing "Borat."
  • Legal Juice
    • This relatively new blog by John Mesirow of Mesirow & Stravitz, PLLC, is big and bright and funny and has lots of graphics and I like the format.  Damn you, John Mesirow!  This is good.  (I am slowly shaking my fist at you.)
  • QuizLaw
    • Same for you, Seth and Dustin of QuizLaw.  This blog is also very funny, and covers many of the same stories I like but with the added bonus of being able to use a lot of profanity.
  • New York Personal Injury Law Blog
    • Also funnier than you might expect, given the name, is this blog written by Eric Turkewitz.  Not designed as a humor blog, but very well-written and often very funny.  Plus, any blog with an entire category of posts on Robert Bork's slip-and-fall lawsuit is going to be okay with me.
  • Overlawyered
    • No surprises here -- Overlawyered is good.  It's well-known so does not need yet another nomination, but I sometimes get material here for my "Unnecessary Lawsuits" category, they let me "guest-blog" once, and they linked to one of my clown posts, so I'm gonna list them.  Thanks, Walter Olson and Ted Frank.

That's ten, so I'm stopping.  There are lots more good ones out there, of course, but all of the above are worthy of your attention.   

Opinion Corrected: Replaces "Iggidy" With "Wiggity"

While the facts of the underlying opinion in U.S. v. Freeman aren't especially comical -- it was an appeal from a conviction and sentence on drug-conspiracy charges -- it does have some educational value.  The question was whether the district court had properly allowed the government's expert witness to testify "regarding the meaning of encoded drug language."  In part, this involved the witness's translation of certain terms that are "part of the jargon commonly used by drug traffickers."

But, possibly since much of this jargon is not commonly used by Ninth Circuit judges and clerks (presumably), the opinion had to be amended in August to make the following change:

Wiggity_4

Please make a note of it to avoid confusing "iggidy" with "wiggity" in your future briefing.

Link: Legal Pad (Cal Law)

Man May Lose Car For Second DWIB: Driving While Intoxicated and Blind

Police in Tartu, Estonia, said that a driver they arrested on Saturday may face jail time and the loss of his vehicle because he is a repeat offender.  Police first arrested the 20-year-old man a week ago.  The article did not say why they pulled him over in the first place, but some kind of moving violation seems likely because the man is blind.

The same man was caught behind the wheel of a car again on Saturday.  Not only had he not learned anything from the first arrest, this time he was also drunk.  Actually, I take that back -- maybe he had learned something, because according to a police spokesperson, this time "[t]here were three people in the car with him giving him instructions."  Good work.  If you must drive drunk and blind, people, at least have someone with you to tell you when to turn.

Seriously, if you're so drunk that it makes sense for the blind guy to be the designated driver, you're in no condition to be giving instructions, either.

Link: Reuters

Maine Dentist Suspended for "Practice Run Amok"

Still reeling from the recent tusk-installation scandal, American dentistry was rocked again this weekend by revelations that a dentist in Waterville, Maine, had been suspended from practice for six months because of wild office parties and "terrifying" safety violations.  A Maine newspaper reported Sunday that Dr. Denise Nadeau had been suspended by the state's Board of Dental Examiners (which I'm sure has thrown some wild parties in its day) beginning in March.  The newspaper obtained the investigator's report and is apparently releasing the information now because the suspension is up in September, and she wants to resume practicing.

After three days of hearings, including testimony from former patients and employees, the board suspended Nadeau for six months, with five years of probation.  It found that the office atmosphere started to get odd after a 2006 after-hours party that featured rum and tequila being poured on "various body parts."  (The dentist claimed she was not in the room for that but the board found her testimony "incredible.")  It also noted that she had treated some patients while dressed as a belly-dancer, showed various nude pictures around the office, and allowed her office manager to sell "sexual aids" over the phone.

There was also evidence of misconduct.  A dental assistant described safety conditions in the office as "terrifying," and a patient testified about a botched operation in which the wrong tooth was pulled.  She told the board that she thought her "face was going to explode," although since she apparently got 14 shots of anesthetic during the five-hour procedure, it is hard to see how she could feel her face at all.  Ultimately, the board found Nadeau was not competent to continue practicing in her then-current state, having violated a number of board standards including those precluding drug use, or at least I'm inferring that from the board's language saying that the dentist "used a controlled substance for purposes other than dentistry."  She may be able to resume practicing later this year if she can meet various conditions set forth by the board.

Nadeau's attorney has said his client has no past history of disciplinary problems, that she was under a great deal of stress at the time of the activities in question, and that he is planning an appeal of the board's findings.

Link: Kennebec (Maine) Journal and Morning Sentinel

Captain America to be Spared Jail Time

I like to salute great opening sentences when it's appropriate, and especially when I'm not sure I could do any better.  So here's this opening sentence, which began a story written on Tuesday by an unknown reporter at WFTV.com in Florida:

The Brevard County doctor who was arrested for groping a woman while dressed as Captain America with a burrito in his pants will not go to jail.

Pretty good.  Apparently (and to my great surprise, but Google doesn't lie) I did not report on the arrest last month of Captain America, otherwise known as Dr. Raymond Adamcik of Brevard County, Florida.  Adamcik, reportedly a family physician, dressed as Captain America as part of a costume pub crawl for medical professionals.  He included as part of his costume a strategically placed burrito (hint: it wasn't in back), apparently concerned that his own burrito would not look sufficiently super-heroic.  According to the report, at one stop on the crawl, a probably alcohol-fueled Captain got "too forward," first employing the burrito and then his hands.  The gropee called police, who faced an unusual problem when they arrived.

According to the police report, "There were so many cartoon characters in the bar at the time, all Captain Americas were asked to go outside for a possible identification."  A Captain-America lineup.  What has this country come to?

After the woman identified the Captain America who had groped her, police arrested him and took him12921992_240x180  down to the station.  Once there, it turned out that our hero also had a couple of joints in his costume (presumably in a different location than the burrito).  His attempt to flush them down the toilet at the police station left him facing potential charges of drug possession and destroying evidence.

The charges were later reduced, however, and in exchange for agreeing to a diversion program including fines and community service (presumably rescuing somebody from something), Captain America With a Burrito in His Pants will not go to jail.

Link:  WFTV.com

Return to Blogging

Having survived the perils of Alaska, including several protracted battles with what has now become seafood, I am back and trying to get caught up on the stories from the past week.  This would be easier if I hadn't returned to nearly 800 e-mails, which, excluding the weekend days during which not very much e-mail is sent, works out to one email every nine minutes and 20 seconds.  Counting 10 hours per day as true "business hours," it works out to an email every four minutes and 19 seconds.  Since I would further estimate that about two dozen of the 800 were really necessary in any way, that works out to roughly two useful emails and 150 unnecessary ones per workday, which sounds about right.

Most of the useful ones involved leads for Lowering the Bar, so I will quit complaining and get to work on those.

Vote in the Top 10 Funniest Law Blogs Contest

Nicole Black, a New York attorney who writes the Sui Generis law blog, and now also a new one called Legal Antics, is running a poll/contest to rank the top ten funniest law blogs.  It works like this:

  • Step one: find ten law blogs that are funny.
  • Step two: ask readers to vote on them.
  • Step three: count votes.
  • Step four: announce results.
  • Step five: winning author is flown to Las Vegas to give Judge Halverson a foot rub.

So, please visit Legal Antics, submit some nominations, and check out that site, which is itself very funny.

But vote for me.

Link: Legal Antics

In Case Relating to Internet, Be Sure to Explain to Judge What an "Internet" Is

"Keep it simple" is a principle that lawyers tend to forget, sometimes permanently, but a case in Britain shows why you should never assume that a judge or anyone else is fully up to speed on your case.  This case also happens to involve terrorism charges -- the three defendants are charged with conspiracy to violate Britain's Terrorism Act through crimes including murder, so it is a relatively serious matter.

Note to Britain: if you want people to really support your laws, you need to start coming up with some better names for them.  Try some snappy acronyms like "PATRIOT Act," or "RICO," or maybe name the law after an innocent victim (preferably a child).  Just calling it "Terrorism Act" is a real snore.

Anyway, these particular defendants are being prosecuted under the "Terrorism Act" in part for inciting terrorism via the Internet.  It is probably therefore important that your judge understand what an "Internet" is.  But during argument yesterday, Judge Peter Openshaw had to interrupt the prosecutor while he was questioning a witness about a website forum allegedly used by Islamist radicals, to point out that he did not know what "websites" or "forums" are.

"The trouble is I don't understand the language," Judge Openshaw explained.  "I don't really understand what a Web site is."  An exchange then took place in which the prosecutor attempted to explain the terms he was using (apparently instead of having an actual witness do it), but the judge was still fairly bewildered.  "I haven't quite grasped the concepts," he admitted.  Noting that Thursday's hearing was to include testimony by a computer expert, the judge added, "Will you ask him to keep it simple?  We've got to start from basics."

Judge Openshaw is only 59, so he doesn't have quite the same excuse that, say, Senator Ted Stevens (83) had when he described the Internet publicly as "a series of tubes."  That is actually not a terrible description, given what he was addressing, but the phrase "series of tubes" -- coupled with the fact that Stevens probably really did not know what he was talking about -- took on a life of its own.  It now has a dedicated Wikipedia page, where you can find an mp3 of the speech as well as a link to the music video, "A Series of Tubes," the techno dance remix.

Whether Judge Openshaw's lack of understanding, if it continues after today's testimony, will be positive or negative for the defendants remains to be seen.  But it does provide a pretty good lesson in why not to assume a judge fully understands your issue.  And the middle of your direct examination is probably not the time that you want to be learning that lesson.

Link: Reuters via Yahoo! News

Mr. Peepers Survives Vehicular Assault

A 35-year-old Seattle man was arrested earlier this month after nearly running over Mr. Peepers while fleeing the scene of an attempted shoplifting.  Peepers, a duck, and reportedly associated with the man's girlfriend in a pet capacity, was unharmed.

Authorities said that Kenneth Quinlan, his girlfriend, and Peepers drove to a shopping center in Lynnwood, Washington, where he entered a Linens-n-Things outlet (somehow getting through the Impenetrable Shield of Boredom that normally keeps men out of such a place) while she and Peepers entered a Petco.  According to court papers, a security guard thought he saw Quinlan try to shoplift one of the Things (specifically, an iPod speaker system), and Quinlan fled after a scuffle.

Peepers, meanwhile, was eating some bugs inside Petco when Quinlan burst in, pursued by the guard.  Quinlan managed to get the car keys from his girlfriend and then dashed outside, trying to escape, followed by the guard, girlfriend, and Peepers.  As Quinlan was backing the car up, the open door knocked his girlfriend down, causing her to drop Peepers and putting him in harm's way as Quinlan began to pull forward, heedless of the impending avicide he was about to commit.

Then, in a sequence that I very much hope will be re-enacted and filmed in slow motion, maybe for the Discovery Network or something like that, a Petco employee spied Peepers facing imminent death and "ran to save Peepers from the front of the car."  Quinlan drove forward.  Peepers looked about helplessly.  Petco Girl continued her dash, in frustrating though extremely dramatic slow motion.  Pulse-pounding music swelled to a crescendo.  Suddenly, over a thousand miles away, a woman sat bolt upright in bed, gripped by a nameless dread she could not explain, but then she realized it was nothing and went back to sleep, so she's really not part of this story, although it is a strange coincidence, but just then Petco Girl managed to reach Peepers, knocking him out of the way.  But Quinlan drove on, running over the woman's leg and breaking bones in her foot and ankle.

But Peepers was safe.

Quinlan was arrested after managing to crash his car into another one nearby.  He was charged with two counts of third-degree assault, one count each of vehicular assault and hit-and-run, and one count of causing emotional distress to a mallard.

Link: Seattle Times

Morrison Pardon Update: Letter to Gov. Crist

Sent this today to Governor Crist of Florida.  I encourage you all to drop him a line as well.

-------------------------------------------

Dear Governor Crist:

I'm an attorney in San Francisco who does a lot of writing on, let's say, "unusual" legal issues. I run a website called "Lowering the Bar" and have done a couple of posts now on your consideration of the requests to pardon Jim Morrison for his 1970 conviction. I read yesterday that you were "seriously considering" it and I think that's great.

While I'm also interested in the story because it's unusual and entertaining, after looking into it a bit it does seem that there may be a good legal argument in favor of the pardon, and it would certainly make a lot of people happy, including Morrison's father (who you may know is a retired admiral -- I believe he lives here in California) and a legion of Doors fans across the country. (Our office manager here would certainly never forget it. He might even move to Florida just so he could vote for you.)

For what it's worth, the poll on my own website is running about 85-15 in favor of the pardon.

Governor Pataki is remembered pretty favorably for his posthumous pardon of Lenny Bruce, and I think history would also be kind to you if you granted the pardon to Morrison. Good publicity, benefit to many, and very little cost to the taxpayer -- I hope that will all add up to a pardon.

Whatever you decide, thanks for your time and consideration.

Sincerely,

Kevin Underhill

I Will Be Irritating Respectable Bloggers on Wednesday

On Wednesday, March 28, I'll be participating in a meeting of Bay Area legal bloggers, sponsored by the at Santa Clara University.  Topics will include First Amendment issues, how law firms can use blogs for marketing or educational purposes, how not to get sued or fired for blogging, and so on.  I don't really have anything prepared, personally, but I can always dust off my interpretive dance on the Dred Scott case, which usually is a big hit for the first 10 seconds or so.

This event will cater principally to legal bloggers in the Bay Area, but everyone is welcome.  There is even an hour of CLE credit available, although I expect that to plunge radically once the CLE people find out I'll be there.

Here's a handful of links to some of the other bloggers/blogs that should be showing up: Harry Boadwee (formerly of Intuit), the still-unnamed Blawg Review editor, Matt Cutts of Google, Stephen Diamond, Mike Dillon of Sun Microsystems, Sean Garrett of 463 Communications, Cathy Gellis, Eric Goldman of SCU, Joe Gratz of Keker & Van Nest, Beth Grimm, Patrick Guevara, Matt Holohan, Chris Hoofnagle of Boalt, Cathy Kirkman of Wilson Sonsini, Kim Kralowec of the Furth firm, David Levine of Stanford Law CIS, Mike Masnick of TechDirt, Mary Minow, Kurt Opsahl of the Electronic Frontier Foundation, Leah Peachey of Meyers Nave, Aaron Perzanowski of Boalt, Elizabeth Pianca of Meyers Nave, Kristie Prinz, Colin Rule of eBay/PayPal, Colin Samuels, Erik Schmidt of SCU, Jason Schultz of EFF, Mark Smith of SCU, Transmogriflaw, Kevin Underhill of Shook Hardy and Bacon (me), and Colette Vogele.

Apparently, at least some of these people will be blogging about this event, so I may blog about them blogging about it.  And we'll all blog about each other's blogging, until there is no more blogging to blog, or somebody organizes a Dungeons & Dragons game, whichever happens first.

Link: SCU High Tech Law Institute

Googling the Bar

People reach Lowering the Bar in many different ways.  Sometimes the Internet address comes to them in a dream, inscribed in letters of gold on mighty tablets handed to them by a majestically robed spirit guide who looks a little like Barack Obama, but taller.  Others just click on it by accident.  Others, however, are clearly reaching it via Google.  The software I use to check Internet traffic also tells me, if someone came to the site via a Google link, what search they ran to get here (don't worry -- that's all it tells me).  I find it pretty entertaining to see (1) the odd things some people are searching for and (2) the fact that this often leads them here.  Anyway, here's the first installment of sample Google searches used to reach Lowering the Bar:

  • judge reprimands lawyers hilarious
  • midget bar exam
  • reptile birthday parties
  • drunk australian
  • law under medication sign legal document
  • tatoo parlors broward county florida
  • big pimpin pappy sues clients
  • goat painting incident
  • styrofoam mannequin alien creatures heads
  • where can we see domino toppling in action
  • dodgeball lawsuits
  • the person who broke engagement doesn't get the ring
  • fall from bunkbed plaintiff
  • what is wrong with drew brees face
  • biodegradable styrofoam swallowing
  • Wisconsin law on errant golf balls
  • new york murder plea what happens in vegas stays in vegas
  • ostrich killers
  • tasters choice guy sues
  • kiss dwarf bar band
  • microwave crowd control device
  • meat loaf's divorce
  • blind massage discrimination employment law
  • what will my credit report say if I was fired for misconduct
  • monkey helpers bite
  • woman attacked by squirrel hawaii
  • Bengal tiger defense/offense
  • Others are receiving monies from who knows where and I'd be curious to have them explain that
  • Three Stooges tats
  • Australia laws pet monkeys
  • cnn.com turd burglar
  • homemade ice resurfacer
  • costumed advertising
  • catchy blood transfusion title
  • go ahead and hate your neighbor go ahead and cheat a friend
  • Missouri youth dodgeball laws
  • Oklahoma tourism cockfighting
  • anna nicole called "creature"
  • why are they called milk duds
  • golf ball damage liability public denial letter
  • broken teeth food lawsuits
  • dubai drink driving lawsuits
  • richard simmons pocatello arrest
  • kentucky snake charmers religion
  • pub crawl lawsuits
  • how to stop employees from huddling when you are not around
  • misty understandings of English legal history
  • Florida appellate cases tree trimming
  • Ayatollah Fadlallah fatwa on music
  • legality of men wearing women's clothes to work
  • obtaining a pardon in Virginia
  • lawsuits against California golfers
  • important not to yell
  • the dangers of the escorting business
  • bar exam good luck humorous

Malaysian Police Round Up Midget Gang

Police in Malaysia have finally captured the "Midget Gang," a group of eight tiny bandits who had committed a string of burglaries over at least the past three months in the central Ampang district.  According to the original report in the Star newspaper, the gang members have confessed to the crimes, and said that the advantage of being very small criminals is that they can more easily squeeze through small openings in order to get into a building and burgle it.

The Star reported that all the gang members are "diminutive," though it did not make clear whether all of them actually have a dwarfing condition such as, for example, achondroplasia, spondyloepiphyseal dysplasia congenita, diastrophic dysplasia, pseudoachondroplasia, hypochondroplasia, or osteogenesis imperfecta, or whether they are all just short.  (Please note that the term "Midget Gang" appears in the original report; as I have frequently noted, the term "midget," which once referred to a dwarf whose limbs were all proportionate, is now generally considered offensive.  According to the Little People of America, "dwarf" is the preferred generic term, although as they note you should just learn the little person's name and use that.)

I also want to call your attention to the fact that the LPA's blog, Dwarfblog, refers to a recent Spanish theater festival that featured a cast of little people in a production of Ibsen's The Dollhouse.

Where was I?

Oh.  The octet of diminutive Malaysians is accused of at least 14 burglaries over the last three months.  They were arrested after residents in a local housing area noticed a group of small people "loitering suspiciously" in a field nearby, and (apparently being aware of the Midget Gang's crime spree) notified police.

Link:  AP via Yahoo! News

UPDATE: Charges Against Accused Serial Meower Are Dismissed

Back in August, I reported on the dramatic story of the criminal harassment charges filed against a Pennsylvania teenager, accused of repeatedly meowing at his neighbor, 78-year-old Alexandra Carasia. Today, those charges were dismissed.

The meowing allegedly began after the boy's family felt obligated to get rid of their cat after Carasia informed police that said cat was using her flower garden as a litter box. The parties disputed the extent of the meowing. The boy admitted meowing, but only twice; Carasia testified it was "every time he saw her." (Maybe he only saw her twice.) The judge heard the case in August but said he would wait 90 days before ruling to see how the parties were getting along.

On Monday, December 11, the judge dismissed the charges, although he "reprimanded" the boy, saying he was immature and should have used better judgment.  Carasia, who was immature and should have used better judgment, said she was satisfied with the reprimand. "He used to be a good boy," she said, but claimed his recent conduct "has done emotional harm" to her. "I was the one who was tortured," she continued, the latest in a string of embarrassments for the word "torture," which has now lost all sense of purpose and just sits on the curb drinking, remembering when it used to really mean something.

Link: AP via Yahoo! News

Accused Serial Pig-Tosser Fined

Recently I read that the governor of Mississippi had initiated a campaign to improve the state's image, pointing out that Mississippi actually ranks higher than people believe in areas such as charitable giving and education.

This won't help.

Kevin Pugh, of Cedar Bluff, Mississippi, pleaded guilty on Tuesday to a charge of disturbing the peace, which he had done in November by tossing a pig over the counter at a Holiday Inn Express in the city of West Point. (I'm not sure I improved on the original headline, "Man Fined for Tossing Pig at Hotel," but I didn't want to steal it.) Police said that Pugh did not appear to have any grievance with the hotel, did not know any of the employees, and (for once in these stories) alcohol did not appear to be a factor. "He said it was a prank," said Lt. Danny McCaskill. "It must be some redneck thing, because I haven't ever heard of anything like it."

He's heard of it since then, though. He told the Associated Press that there have been three other animal-tossing incidents in West Point, all involving local businesses and all happening between 2 and 4 a.m. Of the four incidents, two involved pigs, two involved opossums, and two involved Kevin Pugh. Pugh will appear in court on December 19th to defend against a second animal-throwing charge, this one involving an unidentified animal thrown at a Hardee's restaurant. Pugh has pleaded innocent to that charge, and I look forward to hearing his defense. Maybe that pig wanted revenge against Hardee's for serving bacon, and police just rounded up the usual suspect.

McCaskill said that neither the pig nor any of the Holiday Inn employees were injured in the November assault. Casualty figures for the other incidents are not yet available.

Link: AP via SFGate.com

Californian Wins Right to Use Exclamation Point in His Name

Darren Lloyd Bean of San Diego has won his struggle to change his name legally to "Darren QX Bean!"

The "QX" is pronounced "Lloyd."

I know this because according to the court's opinion, Bean (the change hasn't taken effect yet) actually petitioned to change his name to "Darren QX [pronounced 'Lloyd'] Bean!," with the brackets and quotation marks included in the proposed name. After the trial judge told him that punctuation was typically not permitted in names, let alone internal brackets and exclamation points, Bean said he would drop his request for the bracketed material but insisted on keeping the exclamation point.  He claimed that his friends typically greet him as "Bean!", "raising the pitch and volume of their voices above their usual spoken tone," so that the exclamation point was intended to convey how his name would be pronounced in the same way that an accent mark does in other names.

The trial judge refused to grant the petition, but the Fourth District reversed. Apparently, at least in California, under the common law you can change your personal name to whatever you want (unless you are a minor, an inmate, or a sex offender), and the statutory requirement of a petition is primarily intended to ensure there is a record of the change. The statute does allow a petition to be denied if someone can show "good reason," but as that suggests the burden is really on whoever is challenging the name to demonstrate good reason. Bean's petition was unopposed.

The majority said it could find only three California cases where a name-change petition was denied:  one for the Roman numeral "III," one for "Peter Lorie" (too close to the then-famous actor "Peter Lorre), and one for "a recognized, publicly condemned racial epithet unprotected by the First Amendment."  It also pointed to other cases that had approved requests to change a name to "GoVeg.com," "Kentucky Fried Cruelty.com" and "Ringling Beats Animals.com" (obviously, this has been a recent animal-rights strategy) and did not see any problem with the use of a punctuation mark. The majority pointed out that many common names, for example, "O'Rourke," contain a punctuation mark that does not even aid in pronunciation like Bean's would. It found no good reason to deny the change.

The dissenting judge, who coincidentally is named "O'Rourke," was not amused. He thought that using an exclamation point would be ambiguous, because it is meant to express a strong feeling but that feeling could be "pleasure, disgust, horror, or consternation -- to name but a few." Judge O'Rourke distinguished the use of apostrophes in names, saying that was not ambiguous because the apostrophe always stands for "omitted letters." He did not say which ones it always stands for.

Bean will become Bean! early next year, once the case is returned to the trial court.

Link: Bean v. Superior Court, Case No. D048645 (Cal. App. Nov. 28, 2006).

There Can Be Only One! And It Won't Be The Guy With the Golf Club

A man was arrested early Wednesday morning in Corona del Mar, California (near Newport Beach), after a fight that, according to the report, "involved a golf club and a sword."

There seem to be many unanswered questions about this fight.

It was described that way in the report because police are apparently still trying to figure out whether this was a fight between a guy with a golf club and a guy with a sword, or a fight between a guy with a golf club and a sword and a guy who should have been running away. I would say it was almost certainly the former, because the unarrested participant was taken to a hospital to have a "minor cut" stitched up, so my guess would be he was the one with the golf club and the other one was the (untalented) sword-user. Police are also still unsure who started the fight, and that could have happened either way although I can tell you who would have finished it.

Also undetermined was the cause of the fight, although a Newport Beach police sergeant said that the men "may have been fighting over a woman," who I assume now is no longer interested in dating either one.

Link: Newport Beach Daily Pilot

Endangered Species Rescued from Smuggler's Pants

Robert Cusack was sentenced to five and a half months in prison for smuggling a variety of endangered species into the United States from Thailand in 2002.  In addition to the four birds of paradise and 50 rare orchids that he had in his suitcase, Cusack had somehow managed to hide two slow loris pygmy monkeys in his underwear.  I'm not sure I really want to know how.  They were pygmies, I guess, and apparently slow ones at that.  But still.

Cusack admitted to the monkey-secretion after the birds of paradise escaped from his suitcase, apparently during a search by customs agents.  "I have monkeys in my pants," Cusack told them, rather than wait to be questioned.  According to the report, "[t]wo endangered slow loris pygmy monkeys were rescued from Cusack's underwear."

Cusack has already served his sentence, but he was back in the news this week after police finally tracked down his companion, Chris Mulloy, who managed to get two Asian leopard kittens through customs in his carry-on bag.  (Apparently airline security is not all that great in Thailand.  We can't even take bottled water on board here and this guy got on with two leopards.)  Mulloy was arrested on Monday in Palm Springs and could get up to 20 years.

A spokesman for the U.S. Attorney's office said that he was not particularly surprised by the put-a-couple-of-slow-loris-pygmy-monkeys-in-your-shorts tactic.  "We had a guy who did it with snakes [put them in his underwear, that is] about eight or nine years ago coming in from Mexico," he said.  "You name it, it's been done."

Link: CourtTV.com

"Parent of the Year" Committee Plans Background Checks in the Future

The Parent's Day Council of South Carolina, which is affiliated with the Washington D.C.-based American Family Coalition (did you know your family was part of a coalition? bet you didn't), said that it would implement background checks in the future after discovering that its newly crowned "Father of the Year" was on probation for arson, assault and battery, and attempted criminal sexual conduct.  Oh, also, obstruction-of-justice charges are pending against him based on allegations that he tried to convince a witness to lie for him during the arson investigation.

I bet he goes to every single one of his kids' sporting events, though.

Nabil Khalil and his wife were recognized by the state's Parents' Day Council last week as the top parents in the area.  The PDC's state director for South Carolina, Tim Murphy, said the Khalils had been nominated by a friend and beat out four other couples for the honor.  Asked what he had done to check their credentials, Murphy said he had lunch with the couple and then talked with their friends and clergy who knew them.  "Everything I heard was positive," Murphy said, omitting the fact that at least some of what he didn't hear was really negative.  "They seemed like good people."  All you gotta do is look into someone's eyes.  That's how our president got his insight into Vladimir Putin's soul, and that ain't steered him wrong yet.

The Khalils had been honored with a ceremony on Sunday in which they received a plaque, letters from local politicians, and a commendation from President Bush.  (Murphy had told him it was a "slam-dunk.")  All are being returned by the Khalils, who say that the Father-of-the-Year-elect is innocent, but doesn't need the "headache."

Link: Sun News (Myrtle Beach)
Link: The National Parents' Day Council Website

LoTB Road Show Draws Few Protesters

Thanks to those who attended (live or by videoconference) the first Lowering the Bar Traveling Road Show, International Mideast Peace Conference and Petting Zoo last Friday.  It appeared to be well-received, as few objects were thrown and those that actually reached me were mostly relatively soft.  Attendees learned a wide variety of facts related to the law, few of which will actually assist any of them in practicing law except to the extent they may have learned what not to do in various situations.  As I mentioned at the presentation, if anyone would like to be added to the usually weekly email update, just send me an email and I would be happy to add you to the list.

Dutch Pedophiles Organize to Protect the Right to Molest

I really have no idea what category to put this one in.

Earlier this week, a new political party was registered in the Netherlands by a group of Dutch pedophiles, who evidently feel oppressed by the fact that even in the Netherlands their conduct is considered a pretty heinous crime.  One of the party's founders, Ad van den Berg, said that pedophiles were tired of being "hushed up" and that they were misunderstood.

Well, you decide for yourself.  The party's platform includes such marvelous planks as:

  • Reducing the age of consent to 12, and eventually having no limit at all;
  • Reducing the age for acting as a prostitute or in adult films to 16;
  • Decriminalizing sex with animals;
  • Allowing pornography to be shown on TV any time of day;
  • Allowing the private possession of child pornography;
  • No bans on public nudity;
  • Sex education for toddlers; and
  • Free public transit for all.

Hard to see why any of that should be controversial.  I know some of you are nauseated by the idea of free public transit, but try to keep an open mind.

Seriously -- "free public transit"?  How'd that get in there?  Did somebody say at a meeting, "Guys, we've got to have something with broader public appeal in our platform, or people won't take us seriously"?  And others will say, "well, they advocate sex with toddlers and animals, but we won't have to carry around change for the bus"?

Of course, the new party is called the "Charity, Freedom and Diversity Party," because really, what else would you call it?

Reuters via Yahoo! News

You Thought Things Were Bad Before

A man in Germany trying to end it all just made it even worse for himself when he miscalculated his jump.  He meant to jump under a train, but timed his jump too late and so he instead crashed through the side window of the driver's cabin.

Now he has to pay to have the train fixed.

Also, although the man himself apparently was not seriously wounded, he did scare the hell out of the driver, who subsequently suffered from post-traumatic stress and was unable to work for weeks.  On Tuesday, a court in Munich ruled that although the jumper had not committed any crime, under the German civil code he was responsible for half of the driver's lost wages and half the damages to the train.

Hopefully this means the guy has changed his mind about jumping in the first place, and so will still be around to earn the money to pay the damages.  I guess the court is trying to send the message, "you shouldn't have jumped, but if you must jump, jump sooner."

Link: Reuters News via My Way.com

"Mrs. Noisy" Sentenced to Year in Prison

Miyoko Kawahara, better known (at least in Japan) as "Mrs. Noisy," was sentenced today by a court in Nara to one year in jail for causing a nuisance that harmed nearby residents.  Mrs. Noisy, for some reason, constantly screamed insults at passers-by and played loud music from her balcony every day for the past two-and-a-half years or so.  She had apparently become something of a minor celebrity in Japan

Nothing could be done until a neighbor sought medical treatment for insomnia and headaches caused by Mrs. Noisy, and authorities then were able to charge her with causing "physical harm."  The court sentenced her today to one year, in part because (not surprisingly) she had "shown no repentance for her actions."  With time served, she will likely be released in about three months.

"I worry about what will happen when [Mrs. Noisy]  comes back," a neighbor told reporters.  Oh, I think you should.

Link: Reuters via My Way News

Death v. Graves

Not sure if "Comical Case Names" deserves its own category, but if so this one, filed in San Francisco on April 17, will be in it:

Alan Death; Demetri "Mimi" Death v. Graves & Co