So I flying back to Miami today. I was in NY yesterday speaking to the National Association of Criminal Defense Lawyers at this conference. The panel discussion was really interesting... but more on that later.
Now I have to rant -- I lost my freaking cell phone. I never realized how addicted I was to the thing. I have the shakes. I'm sweating. Sheesh.
Luckily, the NY airport has a bunch of computers available for a quick fix. I guess I'm not completely off the grid.
Enjoy your Friday afternoon. Here's some reading for the weekend to get ready for the First Monday in October:
1. High-profile cases fill Supreme Court docket.
2. Alito is against cameras in the courtroom.
3. 7th Circuit considers Conrad Black's case.

The SDFLA Blog is dedicated to providing news and notes regarding federal practice in the Southern District of Florida. The New Times calls the blog "the definitive source on South Florida's federal court system." All tips on court happenings are welcome and will remain anonymous. Please email David Markus at dmarkus@markuslaw.com
Friday, October 01, 2010
Thursday, September 30, 2010
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.
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.
Tuesday, September 28, 2010
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.
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!
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!
Friday, September 24, 2010
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.

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.
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