Bizarre, Torts

California Man Dies During Taco Eating Contest

We have previously discussed the liability issues associated with eating contests or drinking contests. In Fresno, California, Dana Andrew Hutchings competed in the Taco Truck Throwdown eating contest and it proved to be his last meal. Hutchings is believed to have choked to death during the taco-eating contest at a Grizzlies game in California. I remain surprised by the continued popularity of such contests given the obvious risks. However, these contests are often accompanied by clear waivers of liability and such tragedies are viewed as a classic assumption of the risk by courts absent some collateral negligence in responding to a medical emergency or other issue beyond the dangers of the competitive eating.

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Politics, Torts

Warren And Harris Accuse Cleared Ferguson Officer Of Murder

Facts are often strangers to politicians who want to trigger emotive responses in targeted groups. The problem is when good politics make for bad law. That seems to be the case with Senators Kamala Harris and Elizabeth Warren who have declared that Michael Brown was murdered five years ago in Ferguson, Missouri. The problem is that their statements would mean that Officer Darren Wilson is a murderer. However, Wilson was cleared in the shooting, including an exoneration by the Obama Administration. Wilson could conceivably claim defamation but the standard is quite high for a public figure.

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Environment, Hikes, Travel Blog

Day 10: Hiking Crow Creek

On our final full day in Alaska, we selected the Crow Creek trail. This was my first time on the trail but we received excellent advice from Jimmy Stokes, an amazing hotel staff member at the Alyeska Hotel in Girdwood. Jimmy saw us hiking and suggested Crow Creek. He gave us a map and great advice for the challenging hike. Like all things Jimmy, we soon discovered that he was right on the money with distances and other details. Alyeska is a terrific hotel that celebrates everything Alaska to its great food and outdoor adventures. Jimmy is an example of how the staff go the extra mile for every guest. This trail was a highlight of the trip.

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Bizarre, Media, Politics

“The Truth Hurts”: Trump Joins In On “Fredo” Mockery Of Chris Cuomo
Youtube screenshot

As many of you know, I am a constant critic of the loss of civility in our society. For that reason, I was not critical of CNN host Chris Cuomo when he reacted angrily to a guy who went out of his way to insult Cuomo by calling him “Fredo,” a reference to the weak, older brother of Michael Corleone. After calling Cuomo “Fredo,” the man mocks him further by saying “I thought that was who you were.” Cuomo responds with profanity, which is captured on video and went viral. I am sympathetic to Cuomo when people believe that they have license to insult celebrities and suspend basic rules of civility just because someone is on television. It is particularly disturbing to have the President of the United States join in the mockery and lower his office to the level of a troll.

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Environment, Travel Blog

The Wonder of Blackstone Bay

On our eighth day, we went kayaking around the glaciers at Blackstone Bay near Whittier with Alaska Sea Kayakers. This is my second trip with the company and I could not recommend them more highly. The owner, Pete, is a fixture (and Vice Mayor) in Whittier and has been doing this work for decades. They are incredibly professional and excellent environmental stewards. We had two highly experienced guides, Todd and Kevin (who turned out to be a UConn law student), who were a wealth of knowledge about the animal life and glaciers.

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Columns, Criminal law, Media, Politics

Blaming Trump For Triggering The Recent Shootings Is More About Controlling Speech Than Violence

Below is my column in The Hill newspaper on the continuing recriminations following the recent massacres. The effort to blame the massacres on Trump reflect an ongoing effort to control speech by declaring certain words to be “triggering.” In this case, the meaning is literal.

Here is the column:

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Bizarre, Criminal law

Jeffrey Epstein Is Dead, But Questions Remain Very Much Alive

Jeffrey Epstein is dead. Few will likely mourn his passing but some will publicly regret it and others will privately celebrate it. The suicide comes a day after the release of documents implicating an array of powerful figures around the world. Epstein catered to friends from Bill Clinton to Prince Andrew. The timing has already caused some to question whether this was a true suicide or an effort to get rid of a man who was becoming a major threat to major players in politics and business. Close friends have already said that they believe that he was murdered. Given the low likelihood of success for Epstein, 66, in his criminal case and the prospect of spending the rest of his life in jail, a suicide attempt was likely. However, that raises the question of how a man who was once on a suicide watch could be allowed the material, let alone the opportunity, for a suicide. It appears that guards broke protocols during the night.

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Columns, Congress, Constitutional Law, Criminal law

“Screaming Into The Void”: Why Gun Control Is So Hard To Enact

Washington appears to be settling around background checks as the response to the latest massacres in Texas and Ohio despite the fact that such background checks would not have stopped most of the past mass shootings. What politicians will not admit to the public is that there is a very limited range of actions that Congress can take in curtailing an individual constitutional right.

Here is the column:

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Hikes, Travel Blog

Day 5: Trekking Up Mount Healy

On our second day at Denali National Park, we decided to tackle the challenging Mount Healy Trail. This is my second time on Mount Healy, one of the highest mountains in the park. It is spectacular but high challenging due to the sharp ascent. It is however worth every exhausted muscle and sore knee. After weeks of rain, the skies cleared showing Denali in all of its splendor .

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Bizarre, Media

“It’s The Little Things”: NBC Analyst Criticizes Trump’s Order To Lower Flags After Massacre As Implied Salute To White Supremacy

Frank Figluizzi, an NBC News national security contributor, voiced a bizarre criticism of President Donald Trump after Trump ordered flags to be flown at half mast because of the mass shootings in El Paso, Texas, and Dayton, Ohio. Figluizzi said that the date, August 8th, meant that the shorthand date of 8/8 could be viewed as a reference to 88 which could be a reference to HH (the eighth letter in the alphabet) which could be viewed as a salute to “Heil Hitler.” Figluizzi explained that Trump could be simply ignorant of the obvious reference. There is another possibility: Frank Figluizzi is a reference to FF which is a reference to 66 (as the sixth letter in the alphabet) which is a reference to Route 66 which is a reference to the song “Get Your Kicks On Route 66” which is a reference to freeing yourself from any obligations or responsibilities . . . like serious commentary.

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Travel Blog

Day 4: On The Road To Denali

On our fourth day in Alaska, we started with a last great breakfast at the Snow City Cafe. We then drove to Denali National Park where we will finish the day white water rafting with the outstanding people of RaftDenali (more on that later). We made a stop at a ramshackle rural store run by Mike Carpenter. It can easily be mistaken for a pile of discarded odds and ends but there is a genius to the place which sells everything from old washing machines to a severed human hand.

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Academia, Bizarre

Professor Calls For Throwing Off The Yoke Of Grades As A Tool Of Capitalism

Professor Richard Wolff of the New School is calling for the banning of grades as disrespectful to students and advancing a capitalist agenda. Wolff penned an op-ed entitled “Grades Are Capitalism in Action. Let’s Get Them Out of Our Schools.” I confess that I fail to see the oppressive or disrespectful elements of grading, even though it is the worst part of this job. However, Wolff has a broader objective in denouncing “meritocracy” as a concept and grades as merely an outgrowth of that system.

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