Month: April 2015

Asian American Band Granted Appellate Hearing On Denial Of Trademark Of Its Name As Racially Disparaging

textonlyI have previously written about my disagreement with the U.S. Patent and Trademark Office decision to rescind federal trademark protections for the Redskins as a racially disparaging name. That case is still being appealed but a new case may well answer some of the question raised in the prior column. An Asian American rock band called “the Slants” has appealed a decision to deny it trademark protection — allowing the question to be heard by the U.S. Court of Appeals for the Federal Circuit. A panel previously upheld the denial in In re Simon Shiao Tam, 2015 U.S. App. LEXIS 6430.

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Two Cases In The United States and Australia Raise Questions Of Punishment For The Torture Of Animals

Qokka_by_the_Hotel_Rottnest,_WA,_Rottnest_Islandmoose-John-J-MosessoThere are two more disturbing cases highlighting the abuse of animals and the limited sanctions available in such cases. In Anchorage, three men were arrested after they allegedly killed a yearling moose after tormenting it in a public park area. In Australia, two men were arrested for trying to burn a small protected animal alive for fun. In both cases, there is a considerable gap between the horrific actions and the penalties under the law.

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Stranger in a Strange Land: ABA To Hold Session On The Cultural Defense

200px-AbalogoI will have the honor of serving as the moderator on a panel at the American Bar Association’s conference in Washington, D.C. today. The panel is entitled “Stranger in a Strange Land: Cross Cultural Issues in the Courts.” This is part of an internationally successful program organized by Judge Hon. Delissa A. Ridgway of U.S. Court of International Trade. Judge Ridgway has brought together jurists and lawyers from around the world to discuss difficult cultural issues that are increasingly appearing in criminal and civil cases. These cases deal with arguments or defenses that turn on the cultural norms or practices of a given defendant or litigant. The cases have forced the question of when and how courts should recognize such defenses.

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Baltimore Councilman Accuses President and Baltimore Mayor For Using Racist Term In Calling Rioters “Thugs”

20130915StephanieRawlings-Blake1280x1920-1President_Barack_ObamaBaltimore City Councilman Carl Stokes (D) went on CNN yesterday and attacked President Obama and Baltimore Mayor Stephanie Rawlings-Blake (D) for referring to rioters in Baltimore as “thugs” saying, “just call them n*ggers”. It is a familiar controversy for readers of this blog. Last year, various commentators objected to my writing about the “thuggish” behavior of Seahawks’ cornerback Richard Sherman
as inherently racist — a position that I rejected. I have continued to use thug as both a noun and adjective. Now it appears that President Obama and Mayor Rawlings-Blake are being accused of the same use of racist code words by Councilman Stokes.

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Philadelphia Judge Refuses To Reverse $1 Million Fine Against Lawyer Despite Supporting Testimony From Multiple Witnesses

PanepintoPhiladelphia Common Pleas Court Judge Paul Panepinto appears immovable on a controversial roughly $1 million sanction imposed on insurance defense lawyer Nancy Raynor after a witness discussed a bar subject in his testimony. Raynor insists that she told the witness not to discuss that a woman in the case was a smoker. Various witnesses have come forward to say that they heard Raynor give such instructions, but Panepinto has dismissed the new evidence and refused to budge on the sanction. Many lawyers are worried about the standard being set by the case since witnesses will sometimes stray in their testimony without any direction or knowledge of counsel.

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SUV Driver Almost Kills Three Children By Inches After Speeding By School Bus

Screen Shot 2015-04-28 at 6.00.09 PMWe have previously discussed the type of people who refuse to stop for school buses. I am not talking about the occasional mistake to see a stopped bus, but people who intentionally drive around buses and children so not to be delayed or inconvenienced. The video below shows just how thoughtless and dangerous these idiots can be as a driver of a SUV missing killing three children by inches after speeding through the space between the bus and the curb.

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Suppose They Gave a [Game] and Nobody Came? The Answer Can Be Found Today In Baltimore

BaltimoreOriolescap181px-Chicago_White_Sox.svgTomorrow’s game between the Chicago White Sox and the Baltimore Orioles will be a bit different on Wednesday not due to who will appear but who will not be present . . . any fans. Due to the rioting and robberies in Baltimore this week, the teams have decided to hold a game without fans in the stadium — a possible first for the MLB (if you discount most days with the Oakland As). The question is why with the National Guard deployed and days of police operations the city cannot even protect a small area in the tourist heavy harbor area. They appear to be working off the question from the 1971 feature film, Suppose They Gave A War and Nobody Came.

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Baltimore Burning: Video Shows Protester Sabotaging Fire Hoses As Mayor Denounces “Thugs” Destroying Her City

Screen Shot 2015-04-28 at 6.59.57 AMThe video below sums up the worsening situation in Baltimore. Protesters have been sabotaging fire hoses to stop the Fire Department from saving buildings. The CVS in this case was first looted and then burned (as have other business and cars). When the Fire Department showed up, this man punctured the hose to frustrate efforts at putting out the fire. In the meantime, Baltimore Mayor Stephanie Rawlings-Blake denounced the “thugs” in the streets of her city. She however added another mangled quote after her earlier assurance that the police would give protesters “space” to destroy. For the riots consuming the city during the afternoon and in the early evening. The mayor objected that the city is being “destroyed by thugs who in a very senseless way are trying to tear down what so many have fought for.” People immediately asked if there was a sensible way to tear down the city.

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Unruly Aggies or Academic Distemper? Texas A & M Professor Flunks Entire Management Class

2811863A00000578-3057785-image-m-81_1430152263545Texas A&M Galveston professor Irwin Horwitz has become an instant legend among academics around the country (particularly with most of us starting the grading period) by flunking his entire management class after saying that he hit the “breaking point.” The university responded however by replacing Horwitz as the course instructor. He has become the academic equivalent of JetBlue flight attendant Steven Slater.

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Baltimore Mayor: “We . . . Gave Those Who Wished To Destroy Space To Do That.”

mayorWith looting and rioting increasing in Baltimore, Baltimore Mayor Stephanie Rawlings-Blake caused a bit of a stir in her press conference by explaining that she instructed police to not only give protesters room for the exercise of their free speech but “we also gave those who wished to destroy space to do that as well.” The problem is that images of people being stripped of their bags and belongings in broad daylight seemed to confirm precisely that type of space. It is perhaps the most botched quote in the history of botched quotes.

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“Badass Parody”: Michigan Lawyer and Adjunct Professor Sues Student and Loses . . . Then Sues Student’s Lawyer

scales_of_justiceMichigan attorney Todd Levitt is again in court this month. Levitt recently lost a controversial libel lawsuit over a parody Twitter account by a Central Michigan University student that mocked his “badass” approach to legal marketing. The opinion (here) found that the site by was obviously a parody and that Levitt, who teaches at CMU as an adjunct, sued Zachary Felton without cause for his “badass parody.” Now, Levitt is suing his opposing counsel, who also teaches at CMU as an adjunct.

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Carnegie Deli Shutdown Amid Allegations Of Dangerous Illegal Gas Line

300px-Carnegie_deli_exteriorI am beginning to think that the Almighty is intervening to get me to eat better. After the closing of our favorite hot dog joint in Chicago, Hot Doug’s, last week saw an announcement that my favorite burger place in Chicago, Ed Debevic’s, was closing its most famous location (where our family has gone religiously for years) to make way for a new high rise. Now, as my family is still reeling from the news, city officials have shutdown our favorite New York deli, Carnegie Deli. I have gone to Carnegie since I was a kid and my kids are now equal fans. However, the owners of this highly profitable deli are accused of possibly stealing gas and endangering customers.

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Putin Does Not Twerk: Women Jailed For Twerking In Russia

Russia-jails-women-in-twerking-video-at-WWII-memorialA Russian court has sentencing two women and a teenager to 15 days jail time for twerking. That’s right, twerking. The women filmed a dance video with twerking in front of a World War II memorial. The timing could not be worse — or better — depending on your perspective. The Putin regime is using the 70th anniversary of the Allied victory to rally citizens. The court ruled that the twerking constituted “hooliganism.” You will recall that this is the same undefined crime used to jail two members of punk band Pussy Riot to prison for two years for an impromptu protest at Moscow’s main cathedral in 2012.

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Perils of the Press: Journalists Videotaped As They Are Attacked By Both Protesters and Police In Baltimore

kidsRussia Today is showing a less than positive image of the United States as a video shows its reporter trying to report on the protests in Baltimore last week only to be mugged on camera. Fortunately, police were in the area and apprehended the suspect. In the meantime, another disturbing video shows City Paper Photo Editor J.M. Giordano was tackled and beaten by Baltimore City police outside of Western District headquarters last night while covering the protests. The attack on a journalist by police was accompanied by the arrest and charging of another reporter for disorderly conduct.

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