Wednesday, February 29, 2012

Defense Lawyer Shouts 'Not Guilty' in Closing, Gives Prosecutors a Chicken Salad Sandwich

via ABA Journal:

Alabama justice.

Judge Is Relocated for Safety After His Scolding of 'Doofus' Zombie Muhammad Goes Viral


via ABA Journal:

So the victim (an atheist) is assaulted (allegedly) by a Muslim who was offended (predictably) by his Halloween costume, and the judge scolds ... the victim. For his Halloween costume. What is surprising is not that other people were offended by the judge's actions, but that the judge, who scolded the victim for being offensive to others, seems to be genuinely shocked that his abysmal handling of the situation might also be considered offensive.

From the comments:

"Note that, in the course of his denials, the judge did not deny being a doofus." 

Indeed.

UPDATE:


Just to be clear, I don't support (1) the costume idea, (2) the assault, (3) the judge's interpretation of the 1st Amendment, or (4) people threatening the judge. But the costume is the only thing that I would stand up for in court, because even though it's offensive it's still his right to be offensive. That's what Halloween is all about. And candy.


UPDATE via Instapundit:


CATHY YOUNG: Islam, Free Speech, and Democracy: What really happened in the Pennsylvania “zombie Mohammed” case? “In fact, there was no ‘Sharia court,’ and the judge is not a Muslim. But, however egregious the misreporting of the story and the vilification of the judge—Cumberland Country, Pennsylvania magistrate Mark W. Martin, who graciously answered my queries in an email exchange—the actual facts of the story are troubling. Judge Martin’s intent may have been entirely benign, but his handling of the case sends a bad message not only about freedom of speech, but about the place of Islam in American culture. . . . American religious practice, overall, is strongly tied to a hard-won tradition of freedom of religion—and irreligion. Judge Martin’s comments seem to suggest that Muslims are far less capable than Christians of dealing sensibly with insults or challenges to their faith. That does a serious disservice both to American democracy and to American Muslims.”

Friday, February 24, 2012

The 5th Amendment goes digital.

via Instapundit:

LAPTOP DECRYPTION UPDATE: Eleventh Circuit Finds Fifth Amendment Right Against Self Incrimination Protects Against Being Forced to Decrypt Hard Drive Contents.

UPDATE: The guy is accused of possessing/transferring child pornography. So, that is pretty disgusting. Does that make anyone else less comfortable with the judge upholding his right not to decrypt?

INVESTOR’S BUSINESS DAILY: The 5 Biggest Whoppers In Obama’s Energy Speech.

via Instapundit:

INVESTOR’S BUSINESS DAILY: The 5 Biggest Whoppers In Obama’s Energy Speech. “The White House billed President Obama’s energy policy speech as a response to mounting criticism of record high gas prices. What he delivered was a grab bag of excuses and outright falsehoods.”

"We're focused on production."

"The U.S. consumes more than a fifth of the world's oil. But we only have 2% of the world's oil reserves."

"Because of the investments we've made, the use of clean, renewable energy in this country has nearly doubled."

"We need to double-down on a clean energy industry that's never been more promising."

"There are no short-term silver bullets when it comes to gas prices."

Wait, I have an idea! Let's make "fat cat" insurance companies provide "free" Chevy Volts to everyone! Problem solved! 

Wednesday, February 22, 2012

Legal Fees Top $100M for Ex-Fannie and Freddie Executives, and Taxpayers Cover the Tab

Legal Fees Top $100M for Ex-Fannie and Freddie Executives, and Taxpayers Cover the Tab: Legal fees for former executives of Fannie Mae and Freddie Mac have totaled $109 million since 2004, and taxpayers are advancing the money. A report by the inspector general of the Federal Housing Finance Agency says contracts calling for payment of the fees could have been repudiated when Fannie and Freddie were taken over in 2008, the New York Times reports. The agreements remain, however. Though the contracts provide that the legal fees must be repaid if courts rule against the executives, it’s unlikely they would be able to repay such large amounts, the Times says.

Never mind the hundreds of billions of dollars lost when the housing bubble burst, just as long as we aren't paying anything to the scumbag lawyers!

Sunday, February 19, 2012

Sunrise at Rio Vista, California

Had a great day yesterday in the snow at Kirkwood, CA. Before we got up there, though, I had a great moment talking with a couple fishermen launching a boat in Rio Vista and watching the sun come up.
















*Photo taken with my HTC Thunderbolt! (No rights reserved, steal away)

Friday, February 17, 2012

Google’s notification bar patent could spell trouble for Apple

via AndroidAndMe.com:

Google’s notification bar patent could spell trouble for Apple:

notification patent

Since Google doesn't own the patent to the notification bar yet, they can’t do anything but sit back and watch Apple use it in all of their most popular devices. 


It will be interesting to see what Google does with the patent should they manage to secure it. Will they immediately take Apple to court, or would using it as leverage in other patent negotiations make more sense? This will definitely be worth keeping an eye on.


I bet Apple wishes it could go back to the good ol' days where all they needed was a Justin Long commercial to establish market dominance. Seriously though, let's just stop the pissing match and go back to making great products that everyone wants but no one actually needs. OK?

Google files for patent to combat Apple’s Slide to Unlock

via AndroidAndMe.com:

Google files for patent to combat Apple’s Slide to Unlock:

google-slide-patent

In an attempt to circumvent Apple’s hotly-debated Slide To Unlock patent [see below], which has resulted in a few lawsuits with many more likely on the way, Google has filed a patent of their own for a lockscreen that looks fairly similar to the one found in HTC’s Sense UI.
...
This does not mean that we’ll ever see Google’s lockscreen see the light of day, and the patent office could reject it as being too similar to Apple’s previously granted patent on slide to unlock. I’m no lawyer, but I reckon the likelihood of Google being denied the patent is slim, and this may very well be the lockscreen featured in Android 5.0 (or 4.1), which may or may not debut as early as next quarter.

I am a lawyer and I can't help thinking that this whole smartphone patent war is getting out of control. 


Prediction: all of these patents become absurdly irrelevant as more and more independent, open source developers (think App Store or Android Market programmers) take UI design into their own hands. For instance, I have an HTC Android phone (recently, happily jumped off the Apple bandwagon), and I can download custom lock screens for free from the Android Market. Many of these are free and were designed by independent programmers, presumably working out of a basement with one hand on the keyboard and the other in a bag of Cheetos.  Some of these lock screens blatantly mimic the iPhone, ICS, HTC Sense, etc.  Let's say Apple wins the fight over the slide-to-unlock patent. Are they going to sue just Google? Just Google and the OEMs? Are they gonna sue the guy/gal in the basement too?


Now, before someone reacts to this by saying that I'm being too hard on Apple and letting Google off the hook, please see this. Google is on the "right side of history" here, embracing open source and acquiring patents to defend its Android OS from Apple's proprietary iOS, which has become the "Microsoft" of the new millennium.  

Apple lands injunction against Motorola in Germany over Slide to Unlock patent

via AndroidAndMe.com:

Apple lands injunction against Motorola in Germany over Slide to Unlock patent:

apple_patent_generic (1)

You remember that Slide to Unlock patent Apple was handed back in October? Turns out the lawsuits are going to get uglier, if a victory secured by Apple in Germany today is any indication. According to FOSS Patents, the Munich I Regional Court just issued an injunction against Motorola smartphones in Germany, finding that Motorola does indeed violate Apple’s patent on slide to unlock technology with the lockscreen in their Gingerbread UI overlay.

The ruling covers traditional Motorola phones that feature the slide to unlock feature, but not on Motorola’s Xoom tablet, which utilizes the circular unlock feature found in Android 3.0 Honeycomb and Android 4.0 Ice Cream Sandwich.

Motorola will likely appeal the decision, opening the door for Apple to re-challenge the circular unlock feature found in the newest Google operating systems. If a higher court rules that even the circular unlock feature is in violation of Apple’s patent, it could spell trouble for Motorola (and Google), which will need to come up with a different methodology for unlocking a device from the lockscreen, or do away with the lockscreen altogether.

We’re sure the scope of the slide to unlock patent infringement cases will spread over coming months, and expect we’ll see some more cases in the U.S. before too long (as you recall, Apple filed suit against the Galaxy Nexus - and Android 4.0 - just a few days ago). If the ruling out of Germany is any indication, it spells potential trouble for Google’s Android OS. We will, of course, bring you more patent news as the cases develop.

for the Kindle ...

Heard John Taylor on NPR last night and decided to get his new book:

First Principles: Five Keys to Restoring America's Prosperity by John B. TaylorFirst Principles: Five Keys to Restoring America's Prosperity 


Also, for the bargain shopper:


Getting Off Track: How Government Actions and Interventions Caused, Prolonged, and Worsened the Financial Crisis (HOOVER INST PRESS PUBLICATION) by John B. TaylorGetting Off Track: How Government Actions and Interventions Caused, Prolonged, and Worsened the Financial Crisis (HOOVER INST PRESS PUBLICATION) 

A COUPLE OF CHARTS TO SET THE TONE FOR THE WEEKEND.

via Instapundit:

A COUPLE OF CHARTS TO SET THE TONE FOR THE WEEKEND.

From James Pethokoukis:



And from the House Republican Study Committee:



"Just a reminder that there’s a lot more at stake than who pays for birth control."

Well put.

Thursday, February 16, 2012

Supreme Court should take on New York City’s rent control laws

from WaPo:

Supreme Court should take on New York City’s rent control laws

"Rent control is unconstitutional because it is an egregious and uncompensated physical occupation of property. The Constitution says that private property shall not “be taken for public use, without just compensation.” The Harmons get no compensation for being coerced into privatized welfare: The state shows compassion to tenants — many of whom are not needy; one of the Harmons’ entitled tenants owns a house on Long Island — by compelling landlords to subsidize them."


An example of a well-intentioned government policy that has metastasized into a system that (often) favors well-connected, wealthy individuals rather than those who truly need assistance.  And makes a horrendously expensive and scarce market for (non-controlled) apartments even worse. 

Monday, February 13, 2012

Justice Ginsburg: Roe v. Wade Decision Came Too Soon - News - ABA Journal

Justice Ginsburg: Roe v. Wade Decision Came Too Soon - News - ABA Journal

Wow. Bombshell? Without diving into the abortion debate here, I find this to be an interesting point topic for a discussion of federalism and the strategy behind Supreme Court decision-making. As contentious and difficult as the gay marriage debate has been over the last ten years, part of me has been pleased to see the process working out through state legislatures, referendums, on the blogosphere, and, to some degree, in the courts. Compared to Roe, however, the gay marriage controversy has been much more democratic, which I think will be better in the long run. I mean, did Roe really satisfy anyone? Almost 40 years later, the issue is still as contentious as ever. Hopefully 40 years from now gay marriage will not still be as contentious as abortion is today. Maybe the Court should play a limited role and let the states and the lower courts work it out naturally.

Cheesecake Factory Will Post Drink Prices in Mass. After Threatened Suit; Law Prof Cites UCC - News - ABA Journal

Cheesecake Factory Will Post Drink Prices in Mass. After Threatened Suit; Law Prof Cites UCC - News - ABA Journal

“Restaurants will tell you what they have, and you have to ask them what it costs, and of course nobody wants to do that because it’s socially unacceptable.”

I have personally experienced the $11 drink at Cheesecake Factory and the awkward moment when the bartender tells you the price. He knows it's bullshit. And that you won't say anything about it because the girl is standing there right next to you. After the first drink, you spend the rest of the night pretending to listen to her while you decide whether you should be encouraging her to have more drinks to improve your chances later on, or trying to go slow because you really can't afford it.

Wednesday, February 8, 2012

Domestic Defendant Freed on Orders to Undergo Counseling, Take His Wife to Red Lobster

via the ABA Journal:


Domestic Defendant Freed on Orders to Undergo Counseling, Take His Wife to Red Lobster: A Florida man charged in a domestic incident was freed without bond on orders that he undergo marriage counseling with his wife and treat her to a night out at Red Lobster and the bowling alley.

All she needs is a little love and lobster. I can relate. The bowling alley requirement ensures that this is a sentence that could only be handed down in Florida. Stay classy, Ft. Lauderdale!

Tuesday, February 7, 2012

Goodbye old Browser, Chrome to become the standard browser on Android 4.0 and above

via AndroidandMe.com:

Goodbye old Browser, Chrome to become the standard browser on Android 4.0 and above:

chrome-for-all
"We saw it coming, but Chrome for Android is the biggest news for Google’s mobile platform this year. It signals that Android will be around for a long time, but we might also look back on today as the day that native operating systems began to die and web operating systems started to take over."

...

"Thinking along those same lines, we can also say that Chrome OS does not currently replace the Android OS, but it sure feels like that is where Google is going. Android is the glue that fills the gap until Chromium OS is ready for mobile devices. I believe Google has had this vision for quite some time, but the technology was not advanced enough to achieve that goal. Back in 2009, we thought that Google would abandon native Android apps in favor of web apps, but that obviously didn’t happen."


This makes me very happy since I just got my chromebook--looks like ChromiumOS is going to stick. BUT, this also sucks because my phone isn't on ICS! What's a guy gotta do to get an Android 4.0 update for the HTC Thunderbolt?

Monday, February 6, 2012

On The Horrors of Getting Approval For An Ice Cream Parlor in San Francisco

via Instapundit:

THE NATURAL RESULT OF THE BLUE MODEL: Cory Doctorow: On The Horrors of Getting Approval For An Ice Cream Parlor In San Francisco. Yet the lesson from this continues to elude.

"Ms. Pries said she had to endure months of runaround and pay a lawyer to determine whether her location (a former grocery, vacant for years) was eligible to become a restaurant. There were permit fees of $20,000; a demand that she create a detailed map of all existing area businesses (the city didn’t have one); and an $11,000 charge just to turn on the water."


Look, a lawyer with a job!

Why the official 8.3 percent unemployment rate is a phony number—and what it means for Obama’s reelection

via The Enterprise Blog: Why the official 8.3 percent unemployment rate is a phony number—and what it means for Obama’s reelection "In January 2011, the unemployment rate was 9.1 percent with a participation rate of 64.2 percent. If that were the participation rate today, the unemployment rate would be 8.9 percent, instead of 8.3 percent. As an analysis from Hamilton Place Strategies concludes, 'Most of the shift of the past year is due not to the improvement in the labor market, but the continued drop in participation in the labor force.'" [Emphasis in original]

I commute every day to a temporary job where I work with 20 other people who, like me, would rather have a permanent position. On the weekends, I work at a part-time job that doesn't even require a high school diploma. I graduated magna cum laude from a top 20 law school and, according to everyone willing to speak to me about it, I have an excellent resume. What I don't have is anywhere to send it. From my experience, the "surge" in job production has yet to change the terrible lack of opportunities available out there for recent graduates. It's nice to know that someone out there is getting hired, but I won't feel better until I find something myself.

Friday, February 3, 2012

Motorola beats Apple in court; iPhones and iPads banned temporarily in Germany

via AndroidandMe.com:

Motorola beats Apple in court; iPhones and iPads banned temporarily in Germany:
Android_eats_apple

"We have something special for your daily flurry of lawsuit news. We usually see Cupertino Giant messing with all the little boys in the playground. Today, Motorola has taken a big swing at Apple, winning a permanent injunction in Germany. This forced Apple to pull most of its devices from its online store (you could still find them at stores) for a while."


The Smart-Phone Wars Rage On!!


I have to say I think Apple had this coming. They have made some amazing, world-changing products. That doesn't mean they get to have a monopoly. It will be interesting to see how it all plays out, but, for now, I'm enjoying the transition from Apple to Google and the open source movement.

Thursday, February 2, 2012

Police: TSA Agent at JFK Stole $5K From Passenger - ABC News

Police: TSA Agent at JFK Stole $5K From Passenger - ABC News:

Police say a Transportation Security Administration agent stole $5000 in cash from a passenger's jacket as he was going through security at John F. Kennedy International Airport, the latest in a string of thefts that has embarrassed the agency.

This is getting ridiculous.

Joe Scarborough Schools Donny Deutsch on Media Ignoring Obama's Negative Ads in 2008

From Noel Sheppard at NewsBusters:

Joe Scarborough Schools Donny Deutsch on Media Ignoring Obama's Negative Ads in 2008: (read the whole thing)

"Morning Joe viewers Wednesday were treated to a truly marvelous demonstration of the media's hypocritical double standard concerning negative campaign ads ..."

Scarborough: "We've been using negative ads all week when attacking Mitt Romney, and when I brought up the simple fact that every objective outside reporter has stated that Barack Obama ran more negative 30-second ads than anybody in the history of American politics, suddenly it's, 'Oh, let's not call them negative ads.' Was that a coincidence?"

Not likely.

On a side note, I have to point out that Scarborough is routinely lampooned by conservative bloggers for being a RINO shill on MSNBC.  Whether that's true or not, I have to give him credit for going to work every day in hostile territory.  On the other hand, it does provide him with myriad opportunities to call out BS like this.

JIM VANDEHEI: Why Obama Should Be Worried.

via Instapundit:

"JIM VANDEHEI: Why Obama Should Be Worried. His other problem is that the press will bend over backwards — or just plain bend over — in order to save his presidency, but if it looks like he’s going down they’ll turn on him and try to prove their objectivity by reporting all the bad stuff they’ve been soft-pedaling to date."

I thought this was interesting:


"Let’s rewind six months for a moment. Back then, Obama advisers talked privately of their decisive fundraising advantage for the general election, how the combination of the reelection campaign, the DNC and a web of outside groups set up by Obama intimates would together raise north of $750 million and possibly $1 billion to bury the GOP.

This could still happen. But Obama fundraising has not been as strong as many Democrats had hoped or anticipated. More troubling for Democrats, there are signs that Republicans, especially if front-runner Mitt Romney wins, could match the most prolific fundraiser in the history of presidential politics, thanks to rich businessmen and their handy-dandy super PACs.

Look at the latest numbers: Romney, the RNC and the super PAC run by his allies have raised a total of $175.7 million during 2011; Obama, the DNC and the super PAC run by his allies have raised $209.3 million. As far as cash on hand, Obama enjoys an edge but not a decisive one: $96 million to $63.5 million."

What? A false narrative? I thought that only Republicans were "stealing" elections with all their evil corporate money ... Turns out Obama has more money than anyone, at least for now.

COMPARISON: One Year Later, Another Look At Obamanomics vs. Reaganomics….

via Instapundit via Dan Mitchell:

COMPARISON: One Year Later, Another Look At Obamanomics vs. Reaganomics.

The "fiscal conservative" argument, with graphs!

Wednesday, February 1, 2012

Theodore Olson: Obama's Enemies List

From the WJS opinion page:

David and Charles Koch have been the targets of a campaign of vituperation and assault, choreographed from the very top.


"Whoever may be the victim of such abuse of governmental authority, the press and public almost invariably unify with indignation against it. If a journalist, labor-union leader or community organizer on the left can be targeted today, an academic or business person on the right can be the target tomorrow. If we fail to stand up against oppression from one direction, we abdicate the moral authority to challenge it when it comes from another."

The comments posted to this article, I'm sure, will be heated. I think standing up for the freedom to express even the most unpopular ideas is very American indeed. Interesting that so many people shamelessly fail to do so in the case of the Koch brothers.

The White House refuses to respond to the petition to investigate Chris Dodd, even though it got 25,000+ signatures...

From Ann Althouse:

... and they promised to respond, if there were that many signatures.

To be fair, saying we're not going to respond is a kind of response. In fact, it's an especially meaningful response in the context where one is obligated to respond.

Or perhaps they were never obligated. Look at the text of the refusal to respond

Why We Can't Comment

Thank you for signing this petition. We appreciate your participation in the We the People platform on Whitehouse.gov. However, consistent with the We the People Terms of Participation and our responses to similar petitions in the past, the White House declines to comment on this petition because it requests a specific law enforcement action.
The link is in the original text. Maybe you're not supposed to click on it. Maybe you're just supposed to assume that it goes to a page of official terms of participation that would show that there was always an exception for petitions that request a specific law enforcement action. But if you click, you'll see it just goes to the currently active petitions, and if you search that page for the word "terms" or "participation," you get nothing.

I spent some time looking for the terms of participation, and I couldn't find any. What is the rule? Was it really a rule? I see a button "Helpful Hints," but the only hint is to check your spelling and grammar because you won't be allowed to edit or delete

And what were the "similar petitions" that were rejected in the past? I'd like to see how much like those other petitions this one was and also whether all similar petitions were rejected. What if the "similar" ones were the ones that named individuals the administration chooses to protect?

I "signed" this petition myself and got the email from the White House last night. Three observations: (1) I was (pleasantly) surprised at the time that this petition was allowed on the WH website, (2) by the time I got the "response," I had forgotten about signing it ... nature of the nonstop news cycle, and (3) after getting the "response," I feel like I was being naive in the first place thinking that the WH might actually do anything other than blow off this petition.