‘This sequester thing is going great’ — said no one outside of Washington.
Yesterday, we talked about how an austerity budget in Detroit has led to a broken justice system in Detroit. In fairness, nobody much cares about that story because, well, it’s Detroit and f**k ‘em.
But I wonder if people will care when Detroit’s style of “we can’t afford this” justice comes to a courthouse near you.
While it looks like lawmakers will come to a compromise that will avoid a government shut down (for another couple of months), it looks like that deal will keep the sequester in place.
The sequester, of course, was designed to be a TERRIBLE IDEA that has a serious deleterious impact on our country. But I guess since the sequester didn’t stop anybody from watching fat people diving into swimming pools, Congress isn’t really motivated to do anything about it.
Earlier this month, we talked about “Punk Defendant” Penelope Soto. Soto was charged with possession of Xanax, and during her arraignment she gave the judge the finger.
Judge Jorge Rodriguez-Chomat cited her for contempt and sentenced her to 30 days in jail.
Soto has cleaned up her act, got her contempt sentence dropped, and appeared in court earlier this week, where she was complimented by a different judge.
And I’ve got to admit, I feel bad about calling her a “punk” in the first place. I now think that she was high during her initial, profane court appearance, and they should have dried her out before sending her up before the judge….
In recent weeks, we’ve seen a great deal of gun violence — a law firm shooting in Arizona, resulting in the death of a partner, as well as a shooting outside of a courthouse, resulting in the death of a prosecutor.
This morning, multiple people in the New Castle County Courthouse, the home base of Delaware’s Court of Chancery, were shot, and at least one was killed.
The situation is still developing, but here’s what we know right now….
I was just on HuffPost Live debating gun regulation with Professor Eugene Volokh, among others. It was a good discussion where I argued that guns should be regulated like cars, and Volokh thought it would be a good idea to regulate guns like cars… and then we completely disagreed about what that would mean.
But I wasn’t off the webcam for five minutes when another tragic story about gun violence came across the wire. A man in Alabama shot himself inside an Alabama federal courthouse.
I’m not sure that there’s any regulation, up to and including abolishing the Second Amendment entirely, that would stop these kinds of situations entirely. But I am, again, shocked that courthouse security was such that this guy was able to get a firearm in there in the first place….
I don’t know who to believe about the so-called fiscal cliff. I think Steve Kornacki is right and it’s more like a fiscal slope. But if the markets keep acting like petulant children who are easily frightened, then it will really have a deleterious impact on our economy. Then again, Wall Street being happy doesn’t necessarily translate into Main Street being happy, so who knows? The only thing I’m sure of is that conducting politics by holding the nation hostage is freaking stupid. I hope they fix the fiscal thingy and the debt ceiling in the same deal, so America can get back to problems that we haven’t created for ourselves on purpose.
In any event, if we do going tumbling off the cliff or down the slope or around the bend, there will be pain for those who don’t deserve it. While Article I fights it out with Article II, Article III prepares to lay people off, while the fourth estate just wants to see more people fighting.
People who work for federal courts, prepared to be caught in the crossfire….
* “[L]awyers aren’t trained as accountants,” but Gibson Dunn, Freshfields, Drinker Biddle, and Skadden may have some splainin’ to do when it comes to Hewlett-Packard’s M&A blowout with Autonomy. [WSJ Law Blog]
* Looks like it’s time for some holiday musical chairs: Dorsey & Whitney’s managing partner Marianne Short will be leaving the firm at year’s end to join UnitedHealth as its chief legal officer. [Twin Cities Business]
* The court-ordered mediation between Hostess and the bakers’ union broke down last night. If Judge Drain approves the company’s liquidation plan, the Twinkie may disappear from whence it came. [Reuters]
* You shall not pass — or use Lord of the Rings characters in online gambling games! J.R.R. Tolkien’s estate is suing Warner Brothers for $80M over improper licensing of the late author’s characters. [Bloomberg]
* Please don’t tickle me, Elmo. One week after an accuser recanted his allegations against puppeteer Kevin Clash, another one filed suit over an underage sexual relationship. [Media Decoder / New York Times]
* There’s nothing like some man-on-man sexual harassment to get you going in the morning. Sparks Steak House paid $600K to settle charges lodged by 22 male servers over an eight year period. [Corporate Counsel]
* Seems like this pulchritudinous plaintiff’s contract case is still kicking, and Emel Dilek testified that sleeping with the boss was “absolutely not” one of her roles during her time at Mercedes-Benz. [New York Post]
* Lululemon and Calvin Klein have settled their patent spat over elastic waistbands on yoga pants. Here’s hoping the Canadian yoga-wear company turned this lemon of a lawsuit into lemonade. [Businessweek]
* What do divorcées do in their spare time? They go to Florida’s $350M courthouse to spray paint it with broken hearts and notes for the judge who presided over their proceedings. [Riptide 2.0 / Miami New Times]
In the past few months, we’ve had some extensive bathroom coverage here at Above the Law. From bathroom naming rights at prestigious law schools, to proper bathroom etiquette for dropping a deuce at the courthouse, it seemed like the potty humor would never come to an end. But honestly, we never thought that we’d have to talk about having sex in a toilet stall.
But as a man in New Orleans has allegedly proven, sometimes you just need to get down on the floor of the men’s bathroom at the courthouse and plumb a girl’s drain….
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The last time I flapped my wings your way, I tried to make at least enough noise about your mobile phone to make you more than a little bit uncomfortable. I hope I did. If enough of us become anxious enough about the known and unknown unknowns and knowns in our mobile phones, then we can start making wise decisions about how to manage that information and its resultant investigations.
Today, I’d like to put a finer point on the last installment’s topic by asking a question that seemed to catch most attendees off-guard at a conference panel that I moderated last week: is there discoverable personal information in a mobile app? Our panelists’ answer was a uniform “yes” with one stating that, if he had to choose only one type of data that he could discover from a mobile phone, he’d choose app data. Why? Because there’s simply so much of it and because almost all of it is objective – not just user-created like an email – but machine-tracked like GPS, usage duration, log in and log out times, browsed web addresses, browsed actual addresses. Also, most of us seem to have the idea that data doesn’t actually “stick” to our mobile devices the way it “sticks” to our hard drives. Maybe there’s a disconnect based on the fact that our phones are mobile so we assume the data is mobile to?
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