Archive for the ‘Law’ Category

Random notes: April 30, 2010.

Friday, April 30th, 2010

Headline in the NYT: “On This Oregon Trail, Pioneers Embrace Organic Wine“.

Oh, sure, organic wine is all fun and games, until you die of dysentery.

In other news, “The Exegesis of Philip K. Dick” is coming in two volumes. Also, Valdez is coming, but that’s another story.

Adding to the “Blood in the Streets” watch, two out of three of our local Fuddrucker’s have closed (Anderson Lane, and I-35 North, between 290 and 183 along the access road). I’m curious; if any of my readers live in cities with Fuddrucker’s (I believe the chain is primarily Southern), have any of your locations closed recently?

Edited to add: Brian Dunbar‘s comment prompted me to do what I should have done earlier. According to the Fuddrucker’s website (Warning! Audio!), they’re more spread out than I thought. And I’d never heard of the Koo Koo Roo chain. Additionally, it appears that Magic Brands LLC, who owned both chains, sold “substantially all of its assets” to Tavistock Group on April 21st (for $40 million), and, at the same time, filed Chapter 11.

As part of Fuddruckers plan to concentrate resources in operations with the strongest potential for growth, the company will use the Chapter 11 process to terminate certain leases and will close 24 corporate-owned Fuddruckers restaurants by April 30, 2010.

Here’s a link to Fuddrucker’s announcement of the sale and Chapter 11 restructuring.

Lawrence predicted a while back that someday, people would pay real money for non-existent (i.e. “virtual”) stuff. I don’t remember if he predicted phase 2 of that: real world lawsuits over rights to non-existent property.

What China needs: strict hammer control laws.

Friday Astros update: 8-13, .381 winning percentage, projected 61.722 wins.

Random notes: April 20th, 2010.

Tuesday, April 20th, 2010

Today is my 45th birthday. I’ve been tied up most of the day: but, as the great philosopher Ice Cube once said, “It was a good day.”

Meanwhile, two of my favorite people have said things that deserve a response, even though they’ve been widely linked elsewhere.

First up is Penn Jillette’s tribute to the Hummer. I bow to no one in my admiration for Penn and Teller, and I don’t see a lot to argue with in his thesis that “We need to protect other people’s stupid to save freedom for all of us.” But there’s one thing I think he overlooks in this piece. Hummer failed because they didn’t make good cars.

We rented a H2 for the barbecue road trip last year. It was large, it was uncomfortable (it couldn’t even seat five people), it had very little cargo capacity for a vehicle of that size (we couldn’t get a cased AR-15 to lie flat in the back cargo area), the interior was ugly, and on the whole I hated it. I’d like to think that Hummer’s failure is just the market catching up to the fact that they aren’t very good cars, much like the Yugo. (And before you accuse me of being anti-GM, I liked the CTS we rented this year very much; if I had the money, that would go on my short list of cars to consider.) “Protecting other people’s stupid” doesn’t mean that we have to bail out companies that make poor choices.

Secondly, Roger Ebert’s decided to kick the “video games can never be art” ball around again. There are two problems with this:

  1. Roger is wrong.
  2. Roger is asking and answering the wrong question.

To point 1, we’ve discussed previously the definition of art (by way of Scott McCloud) as “any human activity that doesn’t grow out of either of our species two basic instincts: survival and reproduction” and the definition of art quoted by Shii:

Art is the word we use when we refer to that creative activity or its result, when images and objects, sights and sounds, drawings and carvings, convey the beauty and splendor of the world, or realize the imagination of the artist, for the purpose of self-expression or the shared enjoyment of its creation.

By either of those two definitions, video games are art: video games don’t grow out of the survival or reproductive instincts, and video games do realize the imagination of the artists for the purpose of self-expression or shared enjoyment. Of those two, I like McCloud’s definition best, as it comes closet to my own joking definition: Art is anything I can point to and say, “That’s art, damn it, art!” (This is, of course, where the “Art, damn it, art! watch” comes from.) Mike, I think, would argue that there has to be an element of intention involved; that is, you have to intend to make art, it can’t just happen by accident. Even granting that addendum, I still don’t see any way to argue that video games are not art.

To point 2, the question Roger really wants to ask is “Can video games be good art?” I’m with Shii on the high art/low art distinction, and I want to avoid using those terms. I think what Roger should be asserting is that video games are not “good art”, and that he’s dubious that they can reach that point. I’m inclined to agree with him that video games haven’t reached the point of “good art” yet. But: I am not a gamer, or an art critic. It might be more honest for both Roger and I to say “I don’t think video games have reached the point of being ‘good art’, but I don’t have the critical tools or the sympathy to be able to appreciate them fully, so I will try to keep an open mind and reserve judgment.”

I don’t think there’s enough history behind video games, or video game criticism, for us to even have evolved a grammar to talk about video games as art. We’ve had hundreds of years to develop ways of talking about and critiquing paintings and sculpture and music; we’ve only had about 25 years to develop ways of talking about and critiquing video games. It seems somehow wrong for Ebert to assert “”No one in or out of the field has ever been able to cite a game worthy of comparison with the great poets, filmmakers, novelists and poets”. A painting is not a poem is not a sculpture is not a symphony; all of these things have different grammars and critical vocabularies. How far were we into the history of painting before La Gioconda became an acknowledged classic?

I think the world of Roger Ebert, as I’ve noted before. But he’s dug himself into a hole here, and should stop digging.

In other news, I haven’t been able to find a LAT reference to this, but the NYT is reporting that the wrongful death suit brought by the family of Notorious B.I.G. has been dismissed. B.I.G’s death, and the lawsuit, are one of the most bizarre crime stories ever, involving possible police corruption by the LAPD, journalistic fraud by the LAT, withholding of evidence by the city of Los Angeles, fraudulent testimony by jailhouse snitches, and of course the whole West Coast/East Coast rap feud. (Edited to add: Here’s the LAT story, but it doesn’t add much.)

Lawrence sends along word of the arrest of 14 members of the Gambino family. Oddly, I see no mention of this on the NYT site. (Edited to add: NYT coverage here.)

But I do see that the Supremes have voted 8-1 (Dianna Ross Alito dissenting) to strike down a federal law banning videos of animal cruelty. I’m not in favor of dogfighting, but this was a bad law; it could have been used against videos of legal hunting, or expose videos showing practices that are legal in other countries, but illegal here. (Indeed, in the case in question, some of the material was filmed in Japan, where dogfighting is legal. Could the producers of The Cove have been prosecuted in this country under this law if someone in Japan pushed hard enough? Does the Pope crap in the woods? Are bears Catholic?) I’m delighted to see that the decision was that lopsided.

Edited to add: See what I get for being out and about all day and not making the blog rounds? Both Patrick and Ken over at Popehat are on the Supreme Court decision like…something that’s on something a lot. Go read those two; they’re really smart and funny, more so than I am.

Random notes: April 15, 2010.

Thursday, April 15th, 2010

Happy National Buy a Gun Day. I usually extend this out to the weekend, just because it is almost impossible to get out to the gun stores during the workweek.

Lawrence suggested I blog this: guy gets 20 years in prison for selling community service hours to people on probation. The coke they found in his pocket didn’t help much, either: he got 15 years for that. (The Chron doesn’t say if the sentence runs consecutively or concurrently.)

The Astros are now 0-8. I was holding out on blogging again until they reached 0-10 (if that happened) but noting the Astros record gives me an excuse to link to this article about the 1983 team, which started out 0-9.

Edited to add 2: Darn, they finally won a game. At 1-8, that puts their winning percentage at .111, which projects out to 17.982 games over the 162 game season.

Edited to add: Tragic news out of Louisana. Production on “Steven Seagal: Lawman” has been shut down. Apparently, the sex slave charges are just too much of a distraction for the department.

Random notes: April 11, 2010.

Sunday, April 11th, 2010

This weekend has been rather busy, so I’m a little behind in blogging.

Friday was the annual barbecue roadtrip, in which a group of us rent a nice car and drive out into the Hill Country in search of barbecue.

After the jump, photos and commentary from the roadtrip, as well as the Texas Linux Fest:

(more…)

Random notes and followups: April 8, 2010.

Thursday, April 8th, 2010

The NYT finally got around to publishing an obit for “Coots” Matthews.

Also among the dead: Morris Jeppson, one of the two men who armed the atomic bomb on board the Enola Gay.

By the way, “new” copies of The Last Train from Hiroshima: The Survivors Look Back are going for $74.00 and up on Amazon. But you can still buy the audio book from Audible for $13.12. (Amazon link is for illustrative purposes, and does not imply endorsement of the book.)

Here’s the Statesman summary of the first day of the Billy Joe Shaver trial. It is hard to judge from just the prosecution’s side of the case, but I’m not thinking it looks good for Mr. Shaver; all the testimony so far is from people stating the shooting was unprovoked.

Edited to add: The LAT is reporting the death of Malcolm McLaren, former manager of the Sex Pistols.

I shot a man in Lorena, just to watch him die…

Wednesday, April 7th, 2010

The aggravated assault trial of musician Billy Joe Shaver began today.

Shaver is accused of shooting a man outside a roadhouse in Lorena, near Waco.

“Until yesterday, I didn’t know who you are, and I couldn’t care less,” one female prospective juror told Shaver while being questioned by prosecutor Mark Parker.

“Ditto,” said Shaver, who has been called the poet laureate of Texas music and has penned tunes such as “I Been to Georgia on a Fast Train” and “I’m Just an Old Chunk of Coal.”

It amuses me that Mr. Shaver and Willie Nelson are scheduled to play at my parent’s church on April 25th. (I’m not going. The cheapest ticket is $30.50 including service charges.)

Noted.

Tuesday, April 6th, 2010

While browsing Wikipedia for unrelated reasons, I discovered that today is the 40th anniversary of the Newhall incident, which was a contributing factor in the start of the officer survival movement.

Ayoob’s summary of the incident doesn’t seem to be available online, but can be found in Ayoob Files: The Book, and is worth reading.

Edited to add: Obit watch: Wilma Mankiller, former chief of the Cherokee Nation.

Mankiller met snide remarks about her surname — a Cherokee military title — with humor, often delivering a straight-faced, “Mankiller is actually a well-earned nickname.”

April Fool’s day compilation.

Thursday, April 1st, 2010

I’m on the ThinkGeek mailing list. This morning, I sat down to read my email bef0re work (and coffee), and opened the latest ThinkGeek email.

“Liar’s paradox shirt? That’s okay. I’m not sure I’d buy one for myself…”

“2001 monolith action figure? 0 points of articulation? Do want.”

“Screaming chef’s knife? Interesting, but it’s probably a low-quality knife.”

“Tribbles ‘n’ Bits cereal? Ha.”

“Dharma Initiative alarm clock? Wait a minute…”

XKCD today is also geeky cool. (Edited to add 3: Our great and good friend Commvault Bryan points out that this XKCD is relevant to today’s prank.)

I’ll add to this post as I find more April Fool’s day stuff. If you’ve found something funny or interesting, please feel free to mention it in the comments.

Edited to add: This site appears to be reporting that Apple has purchased Dell. However, this is a French site, and I don’t speak their crazy moon language.

Edited to add 2: Locus Online has their April Fool pieces up. Certain writers may be familiar to some of you. (Edited to add 7: One of the Locus Online pieces gets praise on the Reason “Hit and Run” blog.)

Edited to add 4: Whole Foods Market action figures. Also, the “Don’t Eat That!” iPhone app, and featured recipes. The “Deep-fried Bacon-wrapped Bacon with Bacon Bits” sounds tasty.

Edited to add 5: My great and good friend Glen has a good one on his site. The “Lady GaGa” indeed.

Edited to add 6: PC World‘s Top Ten list. (Hattip: Mom.)

Lowering the Bar explains why they don’t have an April Fool’s Day post.

Edited to add 8: Dinosaur Comics deploys a very clever hack (see the newspost for details) that allows you to read the comic in the style of Penny Arcade. Or XKCD. Or Achewood.

Random notes, special legal edition: March 19, 2010.

Friday, March 19th, 2010

Thomas Hagan has been paroled.

“Who?” Mr. Hagan, aka Talmadge X. Hayer, was the only man to confess to the killing of Malcolm X.

Two other men, Muhammad Abdul Aziz (then known as Norman 3X Butler) and Kahlil Islam (then Thomas 15X Johnson), were also charged with the murder. They maintained their innocence. Mr. Hagan did not, testifying at his trial in 1966 that he was responsible for the murder and that his co-defendants were innocent.

All three men were sentenced to 20 years to life.

I’m kind of boggled by the detail that Mr. Hagan has been on work release for 20 years.

In other news, a Federal court has ruled that the estate of Anna Nicole Smith is not entitled to any of the estate of her late husband, J. Howard Marshall II. I’m not clear if the Smith estate has any options at this point; since this appears to have been a panel of the 9th Circuit, can the estate appeal to the full 9th Circuit?

In other other news, accused child killer Casey Anthony has been declared indigent and will get public funds to pay for a defense lawyer.

In other other other news, accused child killer Casey Anthony got $200,000 from ABC News for old photos and home movies. (By way of Jimbo.) $200,000? Seriously, ABC?

Edited to add: Two more stories that came up over dinner tonight.

Lady Gaga’s ex-boyfriend/ex-producer is suing her for $30 million.

Texas A&M student was allegedly driving while texting. Texas A&M student allegedly crossed the center line and hit another car head-on, killing that car’s driver. Texas A&M student ordered to pay $22 million.

Not that I’m in favor of texting while driving, and not that I’m opposed to punishment, but when does punishment cross the line into excess? And, as Lawrence points out, if you’ve got a $22 million judgment against you, Costa Rica or Nicaragua are very nice this time of year.

Random notes: March 11, 2010.

Thursday, March 11th, 2010

The SF Weekly (owned by Village Voice Media) and the San Francisco Bay Guardian have been engaged in a bitter antitrust dispute. The Bay Guardian argues that the Weekly was selling ads below cost in an attempt to drive the Bay Guardian out of business. So far, the Bay Guardian has prevailed, and has a $21 million judgment against the Weekly. Now, the Bay Guardian has an order awarding it half of the Weekly‘s ad revenue. (Hattip: Jimbo.)

I wanted to point out this blog post at the Public Policy In Houston blog because it expresses concisely my thoughts about public transit, and about the people who complain about America’s “love of cars”. We talk about the freedom cars give us, and that’s true; but cars also give us time. Time with our families, time to go to school, time to improve our lives. (Hattip: BlogHouston.)

On the local front, Travis County terminated their agreement with the operator of the Manchaca firehall.

And our police chief, Art Acevedo, is one of six finalists for the job of chief in Dallas. Even though he’s just a finalist at this point, the city is offering him money to stay. I’ll just point out that you may remember Chief Acevedo from previous coverage on this blog.

The various stories about the 10th anniversary of the dot-com peak didn’t amuse me that much, but I did get a kick out of this piece on the founders of Flooz. You remember Flooz, right? It was just like money, except harder to use. (ETA: I forgot that I was going to single out this quote: “In late 1999, Beenz and Flooz announced that consumers could buy Flooz with Beenz…” But was it transitive? Could you buy Beenz with Flooz? Nope.)

Merlin Olsen, for the record.

They beat him up until the teardrops start, but he can’t be wounded because he’s got no heart…

Friday, March 5th, 2010

It looks like the Los Angeles Police Department is going to fire Detective Michael Slider, who has been on the force for 22 years.

Did he beat up a suspect on camera? No.

Did he kill someone? No.

What did he do to get fired? Detective Slider accessed case notes on an internal LAPD computer system, printed a copy, and gave it to a lawyer.

That sounds pretty bad. But there’s a catch.

The case notes were for a robbery case involving Detective Slider’s niece, Khristina Henry. Ms. Henry accused a prominent high school football player. Tyquan Knox, of the robbery. Ms. Henry and her mother, Pamela Lark (Det. Slider’s sister-in-law) were allegedly threatened by Knox and his associates after filing charges. Ms. Lark was eventually killed; Mr. Knox has been charged with her murder and the robbery of Ms. Henry, but the jury in the first trial was unable to reach a verdict on those charges. Mr. Knox is currently awaiting a retrial.

Detective Slider apparently believed that the detectives assigned to Ms. Henry’s case were not taking the threats seriously, and complained to their supervisor several times before the murder.

After the murder…

Saying he was blinded by grief and anger, Slider told the three-member disciplinary panel he had hoped leaking the internal document would help spur an investigation into the detectives’ handling of the case.

He said he was not motivated by the possibility of winning a monetary award — a claim the head of the panel said he believed.

This is a hard case. The LAT article, it seems to me, clearly wants to invoke sympathy for Detective Slider. And my first reaction is to be sympathetic. I can’t condone leaking internal LAPD documents to people outside the department, but I can easily believe that Det. Slider, motivated by grief and anger, made a mistake. I can easily argue that, under the circumstances, the LAPD should make allowances and impose some form of punishment short of firing.

I could even make an argument that, if Det. Slider felt the case was mishandled, felt that he had exhausted all remedies inside the department, and felt that the detectives supervisors were covering up their mishandling of the case, he had a right—even a duty—to bring police misconduct to the attention of outsiders.

The problem is that all we have right now is the LAT version of the story. Given the way the paper has covered the LAPD in the past, I don’t know how much of this story to believe. I can’t trust my initial reaction because I can’t trust the information I have right now. That’s the real tragedy of American newspapers.

I’m hoping that someone like Patterico (either himself, or in a guest post by “Jack Dunphy”) will add something to the LAT story.

Edited to add: Speaking of the LAPD, why is the 2010 California Homicide Investigators Association Conference being held in Las Vegas? Not that I have anything against Las Vegas (unlike Barack Obama) but it just seems strange.

Random notes: March 5, 2010.

Friday, March 5th, 2010

Serdar Argic, call your office, please.

Edited to add: Popehat is on a roll. Go here for more Armenian genocide commentary. Meanwhile, Ken has what I’ll go ahead and call the quote of the day:

Perhaps there is some equivalent in Louisiana law, which is cobbled together from the legal traditions of the French, the Deep South, riverboat gamblers, corrupt cops, bead-and-tit based economies, and people who clean up vomit for a living.

Ah, fair food. (Okay, so technically the Houston Livestock Show and Rodeo isn’t a fair. I consider it to be close enough for government work.) Chicken-fried meatballs from the Mandola family.

Edited to add: The HouChron has thown up (and I use “thrown up” in multiple senses of the phrase) a slide show of items being sold at the rodeo. (Warning! Slide show!) By my count, of the 24 distinct items shown, six are “on a stick”. What’s that sound I hear? Oh, that’s my arteries slamming shut.

I was working on a post about this list of the “100 best crime books ever written” but I’m not sure I’m going to go through with it. The general tone of the post came across as kind of dickish and show-offy to me, plus I think The Rap Sheet says all that needs to be said. (Especially Ed Gorman in the comments.)

Instead, have this link to Terry Gross interviewing Henry Scott about his new book: Shocking True Story: The Rise and Fall of Confidential. I picked this up last week and haven’t had a chance to do much more than skim it, but it looks like a rather interesting book. I know at least one of my readers openly doesn’t care about Hollywood, or anything related to Hollywood gossip; even if you’re in the same boat with him, I still think there’s a fascinating aspect to this story. This is the only time in recent history (that I’m aware of; I welcome correction) that a government actually tried to put a magazine out of business through criminal prosecution, merely because some people didn’t like what that magazine was publishing.

Here’s an interesting legal question.

Monday, March 1st, 2010

(I’m hoping that the good folks over at Popehat might have an answer for this, but I welcome comments from other sources.)

The Eighth Amendment states:

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Question: Is one million dollars bail on a misdemeanor charge “excessive bail” in the Eighth Amendment sense?

Edited to add: So now his bail is down to $100,000, and he’s scheduled to be released, in return for taking the sign down. This doesn’t change the question, but I did want to make sure that update got in.

It’s a long way to the top if you wanna polka.

Tuesday, February 23rd, 2010

I think I’ve mentioned before that I’m a libertarian  (well, 99 44/100ths percent libertarian). For that reason, I fully support the arrest and prosecution of people who make polka videos; I believe the production of said videos violates the non-aggression axiom, much like the production of bagpipe recordings.

(Hattip: Balko.)

Random notes: February 19, 2010.

Friday, February 19th, 2010

For my readers outside of Austin, here’s a link to the Statesman‘s second day coverage of yesterday’s attack.

And here’s a link to a slightly better obit for Jim Bibby from the NYT.