You may recall that years ago, I posted an account of an ordeal over a relatively new iPhone that stopped functioning. When I took it into the store, they promptly informed me that I got the phone wet and refused to repair or replace it. When I told that that it was impossible that the phone had been “submerged” or saturated as they claimed, they opened the phone and confirmed that only one of two indicators showed water damage but still said that it voided any obligation of the company. Though I eventually got a new phone, my posting attracted many people around the world who said that they had the same experience. Well, Apple (without admitting guilt) is now agreeing to a settlement in a class action for people who were told they had such water damage. As suspected, it appears that the water damage indicators were defective.
Despite the deluge of stories on how white supremacists and other gangs are killing prosecutors, Texas police have said that they believe that the recent murders of District Attorney Mike McLelland and his wife, Cynthia and an assistant DA, were the work not of gangland hitmen but a disgruntled former justice of the peace named Eric Williams, 46. However, Williams is thus far charged with making a “terroristic threat” to residents via email and being held on $3 million bond.
Park Avenue lawyer James R. Ray, 50, is the subject of a bizarre allegation that he pressured his female paralegal to be his “third wife.” Sarbrina Rafi, 27, make the allegation in a sexual harassment complaint in which she says that Ray boasts of multiple wives and referred to her ethnic background in making her ideal for his third spouse. As lead counsel in the Sister Wives case, I am not sure of how Park Avenue Polygamy works, but this (if true) sounds more like simple sexual harassment than a consensual plural relationship.
Finally, Anne Frank can find true peace. Last week, pop singer Justin Bieber visited the Anne Frank house while in the area for a concert. On the guestbook, he wrote “Truly inspiring to be able to come here. Anne was a great girl. Hopefully she would have been a belieber.’” Bieber’s “atta girl” strangely did not go over well with most people, except of course “believers” (his name for his screeching clinging prepubescent girl followers). Bieber spared the museum a rendition of his “One Less Lonely Girl.”
Submitted by Charlton Stanley, guest blogger (Otteray Scribe)
What is mental illness? It’s a hot topic in the news recently, because of proposed gun control legislation. I saw a photo yesterday of people holding up a huge sign saying, “Keep guns out of the hands of mentally ill.”
There is far more to the demonization of the mentally ill than just the firearms issue. It spills over into the Federal Aviation Administration and the Department of Transportation. It is not just guns; it is airplanes and trucks as well. This brings us to the core question of, “What is mental illness?” The Diagnostic and Statistical Manual of Mental Disorders, Fourth Edition, Text Revision (DSM-IV-TR) is the current handbook for classifying mental disorders. DSM-V is in the final stages of development and will be published in May 2013. That is only next month.
Respectfully submitted by Lawrence E. Rafferty (rafflaw)-Guest Blogger
I have seen the suggestion before that Welfare recipients need to be drug tested to make sure that taxpayers are not paying for the drug habits of those evil poor people. I have even seen relatives allude to it in messages on social media sites and I have witnessed friends championing the idea in personal emails. I always wondered why some people think that the poor must be abusing the state and federal aid programs and therefore must have drug tests to insure that the taxpayers money is not being wasted. While I agree that taxpayers money should not be wasted, I have not seen any benefit from forcing people to be drug tested before they receive their aid payments.
The State of Florida tried this from 1999 to 2001 and reintroduced it in 2011. The Florida plan was subsequently struck down by the courts because there was no evidence that poor people abused drugs more often than their wealthier counterparts. “The state of Florida passed an almost identical testing procedure that ran from 1999 to 2001 and was reintroduced in July of 2011 that was struck down by the 11th U.S. Circuit Court of Appeals in Atlanta the following month, citing the fact: ‘ “there is nothing inherent to the condition of being impoverished that supports the conclusion that there is a `concrete danger’ that impoverished individuals are prone to drug use.” ‘ Crooks and Liars Does it surprise you that it took the 11th Circuit Court of Appeals before this expensive and intrusive process was ended in Florida? Continue reading “Drug Testing Welfare Recipients to Prevent Abuse”→
The U.S. Supreme CourtBelow is my column this week in USA Today (the print version will run Wednesday while the web-version ran today). We have been following the increasingly draconian copyright and trademark laws used against citizens and companies — laws secured by an army of lobbyists, lawyers, and an obedient Congress and White House. The impetus of the piece is the Myriad case to be heard on Monday, where the Supreme Court will have to decide whether a company can patent human genes. The company argues that it took considerable research to isolate the genes associated with breast cancer and that patent protection gives companies like Myriad to do such extensive research and development. For many others, the patent claim represents a virtual franchising of the human body – giving companies claim to something that exists in nature. It also gives these companies a critical gatekeeper control on research into key components of cancer, Alzheimer’s disease, asthma, and other health threats. While this column deals with statutory expansions of private property claims over genes, common phrases and images, there is an equal expansion occurring in the common law, including the “misappropriation of name or likeness.” Perhaps the most infamous such authority can be found in the case of White v. Samsung. In this case, Vanna White sued Samsung over a commercial that showed a robot with a blonde wig turning cards in a game show. It was an obvious parody but the federal court found the image of a blonde who did nothing but smile and turn large cards belongs exclusively to White.
This column is meant to show that there is a broader problem in the rush to claim common material, images, and terms. Perhaps it was inevitable that with the ever expanding patent, copyright, and trademark laws, mankind itself would become a form of property: the ultimate evolution from creator to object. Continue reading “From Creator To Object: The Supreme Court To Consider Patent Claim To Human Genes”→
Author’s Note: This incredible story of human compassion under the most difficult of circumstances comes from my friend, Coach Bill Mountjoy. It’s printed verbatim from an email from his friend, John Butler. I think it epitomizes the ongoing series of posts, Grace Under Pressure.
The 21-year old American B-17 pilot glanced outside his cockpit and froze. He blinked hard and looked again, hoping it was just a mirage. But his co-pilot stared at the same horrible vision. “My God, this is a nightmare,” the co-pilot said. “He’s going to destroy us,” the pilot agreed.The men were looking at a gray German Messerschmitt fighter hovering just three feet off their wingtip. It was five days before Christmas 1943, and the fighter had closed in on their crippled American B-17 bomber for the kill.
Our nation has become a military empire analogous to ancient Rome, another Republic that lost its bearings because it became the mightiest fighting force of its time. That we owe this to having spectacularly won what could be called “The Last Just War”, World War II, merely ironically underlines our descent into become the World’s most bellicose nation. This bellicosity has been masked by propaganda that makes us out to be the one nation responsible for ensuring “freedom and safety”. In this strife torn Earth, that idea cannot be supported since the truth is that we are the chief threat to peace in the world today. Now in truth, the use of the United States military to intervene in this Nation and other Nation’s affairs is not simply a phenomenon that began with World War II as you can see from this timeline linked here: http://en.wikipedia.org/wiki/Timeline_of_United_States_military_operations . What World War II marked though was the absolute dominant position in world military power which our country attained during our participation in that war. Given the magnitude of its scope it is easy to forget that for the United States World War II lasted only a brief four years. However, the incredible mobilization of troops and the supporting materiel of war were accomplished via a total mobilization that in the end fully turned the vision of Corporate America towards the great profits and benefits to be derived by American military dominance. Indeed, for generations to come there was a fluidity of personnel between leading corporate entities and the Department of Defense.
Since 2001 our Armed Forces have been totally engaged in two major, unjustified wars and various minor “peace actions”. A child born in 1990 in the U.S. grew up in a world where there has been constant warfare and warfare’s necessary companion glorification of military service. The admixture of America’s warlike behavior and the faux glorification of the nobility of our military has become a constant in that young persons mind, only to better make them future cannon fodder for our dominant Corporate/Military Industrial Complex. Sadly, the less educated that young person is the more they are gullible to the siren call of that propaganda of military glorification. As the Great U.S. General Smedley Butler said so long ago: “War is a racket”. Continue reading “America’s Next War: Coming Soon”→
If the forced-pregnancy crowd continues to win its war on legal abortion, the future of abortion will be personified by Dr. Kermit Gosnell, pictured at left with his “clinic” in Philadelphia, Pennsylvania. The grand jury’s report on the Gosnell Women’s Medical Services clinic (pdf) is available for those who have the stomach for “a house of horrors.” Gosnell is on trial for 7 counts of first-degree murder regarding the deaths of seven babies, and one count of third-degree murder for the death of a female patient. Many conservatives pundits think there should be greater media coverage. Be careful what you wish for.
Patricia Hill thought she made quite the find after purchasing a turn of the century Georgian mansion to convert to a bed and breakfast. The previous owner, coal tycoon J.P. Brennan, had stashed 108 bottles of vintage 1912 Old Farm Pure Rye Whiskey in his walls and stairwell as a hedge against the nanny state of his time, Prohibition. “My guess is that Mr. Brennan ordered 10 cases, pre-Prohibition,” said Hill. “I was told by his family that family members used to greet him at the door each day with a shot of whiskey.” Now, that’s a greeting.
Can laughing too loud in your own home make you a bully? Some neighbors in Long Island’s Rockville Centre think so and have called police to the home of 42-year-old Robert Schiavelli about 30 times. Robert, who suffers from a host of neurological problems and seizures, lives at home with his mother and has a distinctive laugh — with a timbre somewhere between the laughs of Woody Woodpecker’s and Curly Howard’s from the Three Stooges. Schiavelli claims the laugh is a defense mechanism against neighbors who routinely taunt him with screams of “retard,” and other epithets tied to his condition. Neighbors respond that Robert makes the annoying laugh at his bathroom window and that the noise can be heard across the street. They also claim it’s a form of bullying.
The Kansas legislature appears intent in stacking out the most hostile environmental record in the nation. Sponsors have introduced Kansas House Bill 2366 to ban any funds to be used to “promote or implement sustainable development.” The anti-environmental legislation is meant to prevent measures designed to balance development with the sustaining of natural resources. The main sponsor, Republican Rep. Dennis Hedke has close ties with oil and gas companies.
The Amazing Family Dental office certainly seems to deliver on its promise. Christopher Crist, a 21-year-old autistic man, claims that he went to have three teeth pulled only to find that the dentist pulled them all. That raises not only the possibility of a negligence claim but a battery claim against the dentist in tort.
You may recall that years ago, I posted an account of an ordeal over a relatively new iPhone that stopped functioning. When I took it into the store, they promptly informed me that I got the phone wet and refused to repair or replace it. When I told that that it was impossible that the phone had been “submerged” or saturated as they claimed, they opened the phone and confirmed that only one of two indicators showed water damage but still said that it voided any obligation of the company. Though I eventually got a new phone, my posting attracted many people around the world who said that they had the same experience. Well, Apple (without admitting guilt) is now agreeing to a settlement in a class action for people who were told they had such water damage. As suspected, it appears that the water damage indicators were defective.
