Judge Richard Posner has crushed the appeal of Catherine “Banana Lady” Conrad who sued for copyright infringement over the publication of her photograph in her costume after appearing at parties for children. Posner not only dismissed her case, he encouraged a lower court to bar her from new filings and published a picture as part of the opinion. The picture is now part of an official opinion and court record. As discussed below, The Banana Lady fared much worse than did The Human Cannonball in an earlier analogous case brought under the common law as opposed to copyright.
Year: 2014
We have previously discussed the use of shaming punishments by judges around the country — a practice that I have previously denounced in columns and blog postings. I discussed a new case this week on BBC involving Edmond Aviv, 62, in South Euclid, Ohio. Aviv pleaded no contest to a misdemeanor disorderly conduct charge. Aviv, 62, had been feuding with his neighbor for 15 years, particularly over the smell of her dryer vent when she did laundry. He retaliated by hookup up kerosene to a fan to blow the smell on to the property of Sandra Prugh. Municipal Court Judge Gayle Williams-Byers (left) decided to impose her own brand of justice and ordered him to demean himself in public and wear a signing reading “I AM A BULLY! I pick on children that are disabled, and I am intolerant of those that are different from myself. My actions do not reflect an appreciation for the diverse South Euclid community that I live in.” For those of us who view this type of novel or shaming punishment to be unprofessional and abusive, it is Judge Williams-Byers who is in serious need for corrective measures. Indeed, many view judges who entertain the public with shaming sentences to be the ultimate bullies.
Continue reading “Ohio Judge Sentences “Bully” To Wear Demeaning Sign In Public”
Lawrence Pintak, dean of the Washington State University’s Edward R. Murrow College of Communication, has written a controversial guide for journalists on how to cover stories without insulting Muslims. “Islam for Journalists” is an effort to educate reporters on the sensitivities of Muslims to avoid triggering protests or violence. Pintak writes that “Across the Muslim world extremists are wielding their swords with grisly effect, but the pen . . . can be just as lethal.” That line captures the controversy because it seems to suggest that reporters are a cause of violence when they fail to adhere to the demand of religious values or orthodoxy in their publications.
What is truly amazing is that the car dealer did not even sell this feature as a “combination arm rest and dog perch.”
MSNBC host Al Sharpton has long been controversial from his involvement in the Tawana Brawley scandal to questions raised about his pressing companies to give “love offerings” and associations to his legal problems. Nevertheless, his position at MSNBC is viewed as secure while President Obama continues to honor him at official White House meetings and public events, including an event three days ago. This teflon reputation with liberals appears to be holding even after news reports surfaced that Sharpton was an FBI snitch and an associate accused him of seeking to cash in on the drug trade before he became a national figure. Sharpton has been somewhat guarded in answering detailed questions about the stories about his wearing a wire in meetings with the mob, but recently confirmed that he “cooperated” with the FBI. He proved testy with 60 Minutes in refusing to acknowledge that he was an informant. According to reports, the FBI designated Sharpton as “Confidential Informant No. 7” and used him with a bugged briefcase to incriminate mob figures in discussions of criminal enterprises. Sharpton insisted “I’m not a rat, I’m a cat.” He certainly has nine lives given the range of his past scandals. The mayor of New York and other Democratic leaders lined up to praise Sharpton in the aftermath of the story.
Usually the selection of a state bird or state song is not particularly divisive or even notable. The same goes for a state book (though it seems a bit odd to select a single book for a state unless it is written by a native son or daughter). Louisiana however could find itself in court as it moves to make the Bible the state book. Rep. Thomas Carmody, R-Shreveport, proposed the official adoption but insisted that it should not be viewed as any type of state endorsement. It is simply the selection of one faith’s religious book as the official book for the entire state. Who could possibly view that as a state endorsement?
Continue reading “Louisiana Moves To Make The Bible The State Book”
Below is a slightly expanded version of my column that ran today in the Los Angeles Times on the growing scandal over the defective ignition switches on the Cobalt and other cars produced by General Motors. Just this weekend, it was reported that CEO Mary Barra received a memorandum on a steering problem with the Saturn Ion on a different problem as early as 2011, but did not order an immediate recall. What is now clear is that the company spent years discussing the defect. Two engineers were recently put on paid leave by the company — a move viewed as too little too late by many, including some who want to see criminal charges. Ironically, I have been teaching the Pinto case in my torts class this week and today I will be teaching my new material on the GM Cobalt as an extension of that material.
Some have charged that GM was aware of this defective design before it lobbied the government for a massive bailout in 2009. The government handed over $49.5 billion to the automaker and the public ultimately ate a $10.5 billion loss when our shares in “Government Motors” were finally sold off in 2013. In addition to billions in losses, the public got cars that could put their lives in danger the moment they turned the ignition key.
In awkward canine moments, Rex had to be constantly asked not to chew on the guests at parties.
by Charlton “Chuck” Stanley, Weekend Contributor
On Sunday morning, October 12, 2012, Felix Baumgartner climbed into the gondola of a gigantic helium balloon. The balloon carried him to 128,100 feet (39,045 meters, or 24.26 miles) altitude. Then he opened the door and stepped out.
This jump made him the highest skydiver ever, breaking the record set by his mentor, Joe Kittinger, in 1960. During his free fall through the thin outer layers of the atmosphere, Felix reached a speed of Mach 1.25, making him the first person ever to exceed the speed of sound without equipment.
Continue reading “Ultimate Skydiving: Faster than Mach I Without an Airplane”
Submitted by Elaine Magliaro, Weekend Contributor
Kevin Swanson, a pastor and host of Religious Right, voiced his criticisms of Disney’s blockbuster movie Frozen on his radio program last month. Swanson claimed that the animated movie pushes an agenda “to indoctrinate homosexuality and bestiality in children.” He told his co-host Steve Vaughn that Satan was using the movie “to indoctrinate my 5-year-old to be a lesbian.” Both men posited some theories about the film’s “progressive” agenda even though neither had actually seen the film.
Disney’s Frozen Official Trailer
Submitted by Elaine Magliaro, Weekend Contributor
I’ll Fight You for the Library
Continue reading “In Celebration of National Poetry Month: Four Poems Performed by Taylor Mali”
By Mark Esposito, Weekend Contributor
Author’s Note: Grace Under Pressure is an ongoing series of posts honoring everyday people who courageously make positive differences in their own lives and consequently in the lives of others. It is my own personal affirmation that unexpected heroes live among us and that their service is quiet but unshakable proof that virtue really is its own reward – and ours, too.
Ten-year-old Adrian Grajeda wants to become a professional soccer player someday. And he wants to do it for love of the game — not to be a hero. Adrian can’t become a hero because he already is one. Six months ago the diminutive midfielder lost part of his leg when an inattentive driver crashed through a playground chain link fence and headed straight for one of Adrian’s schoolmates on the recess field. Without thinking, Adrian threw himself into a young girl standing directly in harm’s way and pushed her to safety but subjecting his right leg to a trauma that would require four surgeries and seven blood transfusions to regain just minimal use of the battered and mangled limb.
Three witnesses recounted Adrian’s deed but, in perhaps the cruelest aspect to this story, the young boy has no recollection of his heroism. Still Adrian remains an inspiration. “He’s inspiring and he’s helping other people with challenges,” his mother Brandy Grajeda said. As for Adrian, he’ s not asking for any special favors. “I hope I can get better with my legs, so I can shoot better and get better at running,” Adrian said, “if you just sit inside all day feeling bad for yourself, you won’t get anything done.”
Continue reading “Grace Under Pressure: Adrian Grajeda’s Save”
By Mark Esposito, Weekend Contributor
Many courts have recognized the so-called emergency aid exception to the Fourth Amendment’s prohibition against warrantless searches, but the emergency usually had to involve a natural person. Now the highest court in Massachusetts has extended the doctrine to emergency aid in furtherance of animals. In Jan. 2011, Lynn police were called to the home of Heather Duncan based on neighbors’ reports of two dead dogs lying near her locked fence in her backyard. Two officers from the Lynn Police Department arrived and began to investigate the scene. Climbing a nearby snowbank, the officers saw two motionless dogs and another barking weakly. No food or water was seen and according to the officers, the dogs appeared malnourished and in immediate distress. After trying unsuccessfully to reach the homeowner, fire officials were called who promptly cut the fence lock and escorted the police onto the property. Two of the animals were indeed dead and the third was starving.
Ms. Duncan was charged with three counts of animal cruelty. She defended the case based on her claim that the officers had unreasonably searched without a warrant and the fruit of their search was thus unconstitutional. No warrant, no dogs, no case went the defense.
By Mark Esposito, Weekend Contributor
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Well, will miracles never cease? In a church known for compelling confession from its followers, a remarkable one from its chief advocate came across the wires on Friday. That’s right, after decades of lying, obfuscating, blocking, destroying evidence and covering up in the most un-Christian way, Pope Francis has done what many Catholics hoped his predecessors would have done years ago — apologize AND beg forgiveness. Oh, lots of Popes apologize but it’s always with a condition … a term … a little euphemism about one bad apple not spoiling the great work of the barrel, or that the church’s pedophile problem isn’t really any worse than anybody else’s. (Really, every church has a decades old issue of unmarried priests molesting little boys and girls on an institutional level?) Or that it’s just American culture fueling the problem. (Damn justice seekers reading those beatitudes so literally!)
Continue reading “An Act of Contrition: “You Don’t Play With Children’s Lives””
In Saudi Arabia, this appears the way to change tires on a SUV.