Really?

The Humane Society says there is a "massive resurgence" in crush videos since the Supreme Court struck down the animal cruelty video statute last Term 8-1 in U.S. v. Stevens.

Really? Who watches these things?

For those of you who forgot, crush videos involve women in high heels stomping on small animals.

Yikes!

In response to Stevens, the Senate just passed the Animal Crush Video Prohibition Act of 2010, which criminalizes the creation, sale, distribution, advertising, marketing, and exchange of animal crush videos. The penalty is up to seven years in prison.

This section, unlike the one at issue in Stevens, seems much more likely to pass a First Amendment challenge. We will see soon enough.

HT: BLT.

Baby steps

It's time for there to be cameras in federal courtrooms, especially the Supreme Court. And it will happen soon. But first, we'll have audio the same day as arguments.

Some other quick hits:

Anna Nicole is back before the High Court.

Al Capone walked again.

It's raining.

Formal Friday in Jacksonville.

A significant number of FBI agents cheated on their exams, even though it was open book.

Your friendly neighborhood blogger....

...is back from the Middle District.

Thanks to Professor Bascuas for the great posts while I was out.

I'm looking at the huge pile of mail, email, and calls that I need to wade through right now. So I will be back to post in a little bit.

In the meantime, you may want to check out this new album that came out today!

Three-week-old news

It seems that some important findings and conclusions came out while D.O.M.—who has been indefatigable with his exhaustive coverage of Paris Hilton—was out of town. This oversight needs immediate and painstaking correction.

You will doubtlessly recall that the receiver to a film company claims Paris breached a contract by failing to promote the film Pledge This!. Last year, The Chief, applying New York law, held that the receiver was not entitled to reliance damages, i.e., the $8.3 million spent making the movie. (Seems like a lot for a film that The Chief noted was “hardly destined for critical acclaim.” {I hope that doesn’t mean he had to watch it.}) Nonetheless, the receiver might be entitled to some of the $1 million paid to Paris if she has been unjustly enriched. (Not in general—Paris Hilton is obviously unjustly enriched, if anyone is—but with regard to this project.)

So, the receiver had an expert go through a bunch of Paris Hilton’s contracts to figure out what it costs to have her, say, show up at a party and do some “non-meaningful speaking” and what it costs to have her attempt the other kind of speaking. Paris’ lawyers argued, apparently seriously, that this method “fails to value the benefit the producers received from Ms. Hilton’s acting services.” Notwithstanding, about three weeks ago, The Chief decided that Paris failed to deliver $160,000 worth of meaningful speaking.

The next step is for the parties to figure out whether the work Paris did—including her dramatic rendering of protagonist Victoria English, leader of “the most popular and exclusive sorority” at South Beach University—was worth more than $840,000. How could it not be? Briefs are due on October 15, 2010. So, expect a report from D.O.M. on that.

Judge Gold and the EPA face off

Back in April, having granted summary judgment largely to the plaintiffs in an Everglades environmental suit, Judge Gold told the EPA to quit dragging its feet and clean up the Everglades. A hearing was set for October 7 at which the EPA administrator was to explain to the court why the agency had failed to comply with various orders. On September 8, the EPA filed a 9-page motion saying that head Lisa Jackson was too busy to personally attend and would send her Water guy instead. The plaintiffs filed a 9-page response saying that it would really be helpful if Lisa herself came since, you know, this has been going on a long time already and there are lots of things that need to be cleared up. (I’m paraphrasing here.) And then Judge Gold entered a 9-page order saying that the EPA could bring anyone they wanted, as long as Lisa Jackson was among them. Money quotes:

Despite knowing for approximately five months that the EPA Administrator was ordered to appear at the hearing, Defendants now move—one month prior to the October 7, 2010 hearing—for a substitution of appearance.

In sum, Defendants have not demonstrated any showing of a matter of national importance, issue, or great significance to preclude the EPA Administrator—a named party—from attending the hearing. Rather, as recognized by all parties, protection of the Everglades is of considerable national importance. The Court's findings regarding the past actions of all Defendants, including the EPA, reveal how this litigation has continually persisted over the course of years. The Court must be able to make an intelligent inquiry regarding the EPA's position and policy matters, to be addressed by the EPA Administrator.

Well, the EPA filed a notice of appeal referencing that order yesterday. That's what they meant when they told the Herald they were “working with the Department of Justice to respond to the judge’s order.”