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25.10.2014
This week on The Secret Circle (Season 1, Episode 10) Diana’s grandmother comes to town and discovers Cassie’s dark magic.
In the mid season finale Cassie (Britt Robertson) was nearly captured by witch hunters, but at the last moment Jake switched sides to help save her. Enraged by the idea that Cassie can practice magic and she can’t, Faye finds a voodoo witch doctor online who turns out to be a hot college student (played by Grey Damon). In the meantime, Diana comes over to Cassie’s house to find her lighting candles for an attraction spell to bring Jake back, which Diana warns against since he was a witch and a witch hunter. Diana convinces Cassie to sleep over at her house, and her grandmother Kate, a powerful elder, is in town. Diana’s grandmother sniffs out Cassie’s powerful magic right away, and tells her that there’s a way she can her rid herself of the evil magic. Read Kidzworld’s recap of “Darkness”, which aired January 5, 2012, to discover what you missed.
Cassie’s grandmother is away trying to figure out why she can’t remember anything, and Cassie is dealing with the knowledge that her real father is John Blackwell and she has dark magical powers that allow her to act outside the circle. Our last glimpse that episode is of him lurking in her back yard and looking up at Cassie’s window!
Dawn drops by during dinner and Diana’s dad Charles is worried that Dawn will try to kill his mother by poisoning the wine since Kate seems to be on to their plans and doesn’t trust Dawn (it looks like he’s finally starting to not trust Dawn as well).
To others, it's just the day after Halloween -- a day they forget was once merely All Hallows Eve. Cassie and Kate drive out to the woods and perform a spell that Cassie thinks will help, but it’s actually a spell to bury her in the ground and kill her.
Some spend All Hallows recovering from the revelry of the night before, and some are still on the streets in the wee hours of the holy day.
He discovers her dark magic secret, but she asks him not to tell anyone until she knows more. Adam and Diana peek inside her grandmother’s suitcase and find witch hunting material and run to Cassie’s rescue, only to find her blasting out of the wooden box the spell buried her in. Our Case of the Week examines once such alleged citizen on the streets and the unfortunate lesson she learned about differing standards of legal review in a California appellate decision handed down last week.Let's Make a DealAngelique Bongiovanni found herself in the legal system in 2009, charged with possession of methamphetamine in two separate cases. Unfortunately Diana discovers him reading up on dark magic in the Circle’s clubhouse and figures things out for herself just as Cassie walks in to hear Adam spilling about her powers. Kate then tells Charles that trying to kill Cassie was the only way to find out the extent of her true power, and she is the one they have been waiting for to bridge the gap between good and dark magic. In a deal that would come back to haunt her on the day after Halloween, she made a plea bargain in one of the cases.
The whole circle finds out, and Faye, who is jealous of her power, and Melissa who is still upset over Nick’s death, are angry with Cassie. 1, 2009, Wendy Diaz lived with her husband and three children in a Los Angeles neighborhood with a gang problem. Perhaps not unlike Chauncey and Wadsworth fighting over tee times, the proper procedure for shaking martinis, or the best way to train a polo pony, Ms.
Diaz ventured outside at approximately 1:00 in the morning of All Hallows to look for a friend parking on the street.
Bongiovanni approached her and called her an [expletive deleted] snitcher, adding, "You been [expletive deleted] snitching.""You and your family are coming down," Ms. Bongiovanni stated allegedly, as she is said to have added for emphasis, "You [expletive deleted] rata," and "[expletive deleted] all biccicletas."To assist our readers in appreciating the full flavor of Ms.
Bongiovanni's supposed soliloquy, we should note that each deleted expletive is a version of the same slang word referring to an act of sexual intimacy. In addition, "rata" can refer to a Soviet fighter plane from the 1930s, plants from the Metrosideros genus in New Zealand, or rat in Spanish. Bongiovanni, California's Second District Court of Appeal noted biccicletas was also a term Columbus Street gang members used as a sign of disrespect (or "dissing" in gangspeak) when addressing the upstanding citizens of the Vincent Town gang.Ms. Diaz reported the incident to police the same day and gave law enforcement a description of the woman who threatened her. If that weren't enough, police said she also admitted she was a member.Winning 10-2?However, nifty tattoos notwithstanding, Ms. Then again, it was Halloween, and with her friend in that pumpkin costume, she probably got a lot of candy. Diaz's testimony and police testimony citing various Columbus Street gang activities including murder, assaults, car theft, and narcotics distribution, the jury deadlocked, and it's vote was 10-2 in favor of acquitting Ms. The court declared a mistrial and thus granted prosecutors' motion to dismiss the charges pursuant to California Penal Code section 1385.So, it was time for Ms. She claimed the whole thing was a case of mistaken identity, and she argued the jury's 10-2 vote in her favor showed she hadn't done anything wrong.Most members of the jury may have believed her, but the judge wasn't buying it. Bongiovanni to the slammer for a probation violation, the opinions of those 10 jurors didn't matter.You see, California probation violation determinations differ from a criminal trial in that the fact-finder in a probation violation hearing is the judge -- not a jury. In addition, where in a criminal trial, the legal standard is proof beyond a reasonable doubt, in a probation violation hearing, the standard is only a preponderance of the evidence. In other words, there can be a fair amount of doubt as to whether you did it, but if the judge weighs the evidence, and there's more evidence indicating guilt rather than innocence, you lose.In Ms. Bongiovanni's case, the judge noted the cops testified at trial that she was a member of the Columbus Street gang, a Columbus Street member was arrested in connection with the break-in at the Diaz home, and that Ms. In the minds of 10 of 12 jurors, that wasn't enough to prove anything beyond a reasonable doubt. However, under the preponderance of the evidence standard, that's all the judge needed.In upholding the trial court's decision that Ms Bongiovanni violated her probation, California's Second District Court of Appeal wrote, "Appellant's argument that a jury vote of of 10-2 for acquittal supports her credibility is not persuasive because the fact finder in the probation violation hearing was the trial judge, not the jury.
Because probation revocation differs substantially from criminal prosecution and the facts supporting the revocation need only be proved by a preponderance of the evidence, we find substantial evidence to support the trial court's finding that the appellant violated her probation."So, Ms. The moral of this week's Case of the Week: if you're on probation and walking around with a giant pumpkin on All Hallows, study legal standards of review before you go calling someone an [expletive deleted] Soviet fighter plane.
Known as Dave the Dwarf to his legions of little listeners and big fans on Tampa's 93.3 FLZ radio, Mr. Patrick's Day festival, bar mitzvah, or Millard Fillmore Inauguration Day celebration, and Dave would let you engage in the time-honored tradition of dwarf tossing.That's right, you could put little Dave in a harness and toss him to your heart's content.
Among the concerned populace was a public interest organization known as Little People of America, Inc. 28, 2001), that his due process rights were violated because the law failed to properly define those covered by the law, making the law unconstitutionally vague.
He argued also that the law violated his equal protection rights because the law treated him differently than others.
Nowhere did the law ban dwarf tossing specifically.Dave the Dwarf argued dwarf tossing was good for his welfare because he made money doing it. While the regulators may have been out at the beach listening to Jimmy Buffet tunes and drinking margaritas, Dave the Dwarf could have been spending his days flying through the warm Florida breezes.So why is Florida State Rep. Sara Lee, the makers of Ball Park Franks, and Kraft, the friendly folks bringing you the venerable Oscar Mayer wiener, both claim the other has disparaged its products in violation of federal and state law.Seriously though, we all read Upton Sinclair's The Jungle in school. Thus, everyone thinks hot dogs are comprised of animal parts swept up off the factory floor anyway. Sara Lee claimed non-beef ingredients comprised approximately 20 percent of an Oscar Meyer wiener.
Its O-S-C-A-R, and These days, its Ball Park and Hebrew National who are wishing they were an Oscar Mayer wiener.
It looks like a rolling phallic sex toy designed to appeal to the prurient interest in violation of the U.S. California.Sara Lee argued that, by making these allegedly false claims in interstate commerce, Kraft violated section 43(a)(1)(B) of the Lanham Act. Section 43(a)(1)(B) prohibits false or misleading advertising or marketing that damages another's product. Kraft argued the 100 percent beef was accurate because, although Oscar Mayer contained additives, beef was the only meat in Oscar Mayer.
In addition, Kraft argued Sara Lee mislead consumers with taste tests by professional chefs proclaiming that Ball Park was America's best franks.All jokes aside, the Wiener War in Sara Lee Corp. From going to the slammer for failing to pay taxes on reality winnings to shooting sweet, innocent puppies with arrows, reality TV contestants have often been models of bad behavior. Our Case of the Week examines what happens when a reality show insinuates falsely that a woman tried to smuggle drugs into a jail via her vaginal cavity.Family DayMarlorita Battle was minding her own business visiting her husband, an inmate at the Riverbend Maximum Security Institution in Nashville, Tenn. Battle began what might have been a pleasant visit with her husband and small child, the A&E cameras moved in, and agent Fisher said, "We've identified the female subject and inmate," as a mugshot of Ms. Battle visited the restroom, causing Agent Fisher to use his supposedly excellent cop skills to determine a crime was in progress.
Not unlike the Keystone Kops, Agent Fisher and his bumbling band of merrymen swung into action."Hold on now, she's going to the bathroom," Agent Fisher says, adding, "Typically, these women hide stuff up their vaginal cavity [sic] and then go to the restroom to take it out.
Now we are starting to get to the nitty gritty."The camera then shows the doors to the bathroom, triggering more amazingly astute analysis from Agent Fisherthis time its about the size of Ms. Battle, allegedly carrying something in her hand, proceeded to kiss her husband, A&E provided a crashing cymbal sound to enhance the reality TV drama, and Agent Fisher exclaimed, "Some [expletive deleted] just happened. Battle's husband from the dry cell, Agent Fisher called the incident a "false alarm," but he added more commentary during the closing credits of The Squad: Prison Police that would become significant in subsequent litigation.
This is Courtweek, after allyou know someone's gonna get sued."If you are dirty, if you are smuggling in contraband, drugs, cellphones, tobacco, then we're going to catch you.
We might not get you today, maybe next week, next month, next year, but eventually, we're going to catch up with you, and we're gonna get you.
District Judge Kevin Sharp wrote:"Even though the Program indicates that a search of Plaintiff revealed no drugs, a jury could conclude from the overall way that the Program is presented that Plaintiff was a drug smuggler who just happened not to get caught on September 12, 2009. His articles have appeared also in The Washington Examiner, Law Technology News, The American Lawyer, The New York Law Journal, The San Francisco Examiner, Corporate Counsel, Texas Lawyer, Florida Lawyer, and Daily Business Review.
Would the pungent aromas be trespassing onto your property?Believe it or not, the issue has been litigated, and, in this week's Case of the Week, we learn whether various airborne items--chemical particulate matter, sewage plant smells, and pig farm fumes--are trespassing when they waft onto your property. As we'll discover, the courts disagree as well.Organic AirOluf and Debra Johnson had decided to get back to nature. They converted their Minnesota conventional family farm into an organic farm, hoping to achieve an organic food certification that would allow them to charge more for their farm fresh products.Soon the Johnsons were ready to enjoy their new organic Eden. Johnson posted signs around the property, letting everyone know that the Johnsons' new tree-hugging Utopia was a chemical-free zone.There was just one problem. The neighbors hadn't joined the eco-friendly bandwagon.The Johnsons may have embraced Mother Nature, but their next-door neighbor, the Paynesville Farmers Union Cooperative Oil Company, was still spraying away.
Pesticides and herbicides drifted onto the Johnsons farm.Seeing the neighboring farm much like a chinchilla sanctuary might view a petrochemical plant as a neighbor, the Johnsons filed complaints in 1998, 2002, 2005, 2007, and 2008. The Minnesota Department of Agriculture cited Farmers Union four times for violating Minn.Stat. The facts leading to the court battle in Wendinger are every homeowner's worst nightmare.The Wendingers and the Forsts had been neighbors for years. In a design sure to make anyone nauseous, liquid pig waste was stored in an outdoor concrete lagoon.
The pig poo was then pumped and spread on the fields each fall.As the scents from farmyard feces filled the ambient air, the Wendingers began to complain.
The Minnesota Court of Appeals affirmed, holding that the Wendingers' claim was one for nuisance--not trespass--because the odors of which the Wendingers complained interfered with the use and enjoyment of their land, not with their exclusive possession of it.The trial court in Johnson used the Wendinger decision for the proposition that particulate matter traveling from one property to another could not constitute trespass. Basically, the court held pesticides are not pig fumes."Unlike the plaintiffs in Wendinger, the Johnsons do not claim trespass based on transient odors. However, there are millions more who would rather spend a weekend in an Iranian torture chamber than listen to Ms. Costner's character had made a major contribution in the field of celebrity personal protection by serving as a U.S.
Skokos, a security consultant for Celine Dion, applied to the United States Department of Homeland Security (DHS) for an EB-1 visa, and DHS rejected him. Apparently, DHS didnt think protecting the vocal cords that brought Beauty and the Beast to warm the hearts of little children was important enough.To see what an affront this might be to Ms. District Court for the District of Nevada agreed with DHS, holding for the government and rejecting an appeal filed by Mr. Skokos.In the legal equivalent of running the Titanic into an icebergwhile listening to Celine Dion sing about it as Leo and Kate flail in the frigid waters of the North Atlantic, Mr. Dion constituted an original contribution of major significance to the field of bodyguarding.
In addition, the court held he failed to establish that he was paid more than most celebrity bodyguards.The court noted Mr. Skokos claimed he was far more than a bodyguard--he supervised guards, made security arrangements in the exotic destinations where Ms. Dion shot her mesmerizingly dramatic videos, and provided around-the-clock protection for Ms. Nevertheless, the court was unmoved that protecting the valuable Canadian export was sufficiently significant to get a visa.The court noted the high standard for granting an EB-1 visa, citing the case of Kazarian v. USCIS, where a physicist who had published articles, written a textbook, and lectured extensively didnt even qualify for an EB-1 visa because his work--although satisfying the criterion for authorship of scholarly articles--did not establish that his work was of major significance in the field of physics.But, is writing scholarly articles and lecturing on physics at universities really as important as ensuring the gaffer and the best boy don't snag Celine Dion's Perrier from the buffet table?Of course, some people have managed to prove they are important and accomplished enough to get an EB-1 visa.
Skokos--he had won multiple championships, earned over a million dollars in prize money, and he had Jack Nicklaus, Lee Trevino, and Hale Irwin execute affidavits supporting his position.If only Mr.
He berates participants, calls them names, and generally makes people wonder if his momma taught him any manners.
But, one did, leaving us with the question: Does Simon Cowell's boorish behavior on American Idol violate Title VII of the Civil Rights of 1964?Effeminate Idol?In what some take as evidence of the decline of Western civilization, American Idol, the American spin-off of the British program, Pop Idol, has become one of the most successful shows on television. Contestants participate in singing competitions to win recording contracts, and the winners, including singers Kelly Clarkson and Carrie Underwood, have gone on to fame and fortune.Some of the contestants weren't as talented. These season-opening audition shows feature a few acts that will advance in the competition and a few acts that will come close.
These contestants--possessing little or no talent--apparently appear to provide comedic material by making fools of themselves.
Apparently, Ian Bernardo was one of these comedic contestants for the 2006-2007 season.Not surprisingly, Mr. Bernardo--who described himself as "having a non-conforming appearance based on gender stereotype," which a U.S.


District Court interpreted to mean that "he appears to conform to a stereotype of an effeminate homosexual male"--did make subsequent appearances on the show for the 2006-2007 season finale and for Simon Cowell's final appearance on the show in May 2010.The Courthouse AuditionClaiming he was an employee of American Idol Productions Inc. Bernardo claimed also that he was subject to discrimination and harassment due to his sex on each of his appearances.
He claimed American Idol Productions employees told him to "gay it up" and that producers conditioned his appearance on Mr. Bernardo's willingness to be "outrageous, flamboyant, and really gay."Claiming he was also subject to epithets such as "fag" and "homo," Mr.
He obtained a right to sue letter from the EEOC and sued American Idol Productions for violations of Title VII of the federal Civil Rights Act of 1964 and New York State law.American Idol Productions moved to dismiss the case, making several arguments. Although the court conceded that--if true--the conduct at the Simon Cowell farewell show would constitute a hostile work environment, the court rejected Mr. Bernardo's legal argument.Noting Title VII is not a civility code and that discrimination on the basis of homosexuality is not prohibited under Title VII, the court held Mr. Bernardo had not established that gender stereotyping, which is prohibited by Title VII, had so permeated the workplace so as to create a hostile work environment.The court went on to dismiss all Mr. Bernardo's claims, noting, "He, like everyone else with a modicum of talent (or less) who auditions for American Idol, chose to appear on a program that was famous for its judges' insulting behavior.
Benardo went on the air after being told what was expected of him, and he knew what to expect. Some cases may seem easy, but what if youre injured after being chased down a supermarket aisle by a charging dog owned by a store employee?
Outlaw then heard the terrifying sound of dog claws on Penny Pinchers' floors as the possibly ferocious beast came charging down the aisle.
Outlaw, who said she was extremely afraid of dogs, decided it was time for drastic evasive maneuvers.She ran down the aisle, made a turn, and sought refuge from her brutal foe. Outlaw exacerbated a previously existing hip injury, and decided to sue Penny Pinchers and Cindy Scott, the store manager who owned the attack dog.A Mississippi state court jury found for Ms.
Scott kept Sophie behind the counter--not to protect customers, but so that no one would step on the little thing. Outlaw jumped on top of a freezer in mortal fear of a tiny weiner dog puppy.Given this fact pattern, Penny Pincher and Ms. Outlaw: Did the presence of the four-month-old Dachshund puppy create an unreasonably dangerous condition at Penny Pinchers that day?The court noted that the Mississippi Supreme Court had held that dogs are not dangerous per se.
Darnell, the court went on to hold that a premises does not have to be completely safe from any hazardonly reasonable safeand that the plaintiffs own actions can be a factor."We acknowledge Outlaw's extreme fear of dogs.
The law of defamation can be complex, but a New York state court recently tried to sort out this weighty issue: What is a "dirtbag," and is the term defamatory?The issue arose after a man named William Schumacher penned comments that another man, John Acheson, was "the biggest dirtbag" he had ever met in his life. Acheson sued Schumacher before Westchester City Court in what, amusingly, could become a seminal case of black letter law. The court surmised also that Schumacher may have believed Acheson to be "just a tad worse" than the other dirtbags he had known.The point the court was making was that -- in any case -- these statements would all be opinions. The court held it was opinion and threw out the case.)But don't take these court decisions as a license to spew any insult you please. When ESPN posted a photo of daredevil Evel Knievel and his wife with the caption, "Evel Knievel proves you're never too old to be a pimp," the Knievels sued the network for defamation. There was once a professor who reminded his students that the bubonic plague was all natural.
Then they scraped up $12,000, opened an ice cream shop in an old Vermont gas station, and delivered dairy products in a station wagon. Not only was the company known for its tasty ice cream with imaginative names, Ben & Jerry's became known as a leader in social and environmental activism. The growing company tried to promote world peace, and--from green dairy farms to recycled supplies--Ben & Jerry's made environmental stewardship a focal point of its operations. In 2000, Ben and Jerry sold the company to Unilever.Although they are now very rich dudes, Messrs. Some people didn't think it was natural enough.Dutch chocolateAlthough Amsterdam may be more famous for Rembrandt, the Rijksmuseum, and reefers, some people believe the Netherlands is also famous for Dutch chocolate. The process produces a light brown, very acidic powder.Dutch-process cocoa, on the other hand, is produced by cocoa nibs with a mild alkali solution to raise the pH and thus, lower the acidity. This process improves taste, color and solubility, but it also destroys many of the flavonols, which are believed to have health benefits. Ben & Jerrys agreed to remove the phrase, all natural, from any products containing alkanized cocoa. The only FDA guidance appears to be a distinction between natural and synthetic in the policy, but that definition in the Federal Register is qualified as meaning something that would not normally be expected to be in food. Surely, that characterization raises multiple linguistic and philosophical questions, not to mention factual questions," U.S.
It seems he was having a bit of a problem with a beehive.City of McAllen Animal Control Officer Roberto Mata responded to the call, and upon arrival at the scene, Mr.
Corpus accompany him to the hive.So the two gentlemen entered Officer Mata's animal control vehicle, equipped with animal protection equipment.
Officer Mata donned protective gear and approached the hive of danger, but he instructed Mr.
Then, the swashbuckling hero of animal protection began spraying the bees.Guess what happened next?Shockingly, the bees attacked.
Corpus sued the city of McAllen, alleging Officer Mata's negligent operation of his city-owned vehicle cased serious injuries to Mr. Corpus had a smart lawyer.You see, government entities are usually only liable in civil suits if they waive what lawyers call sovereign immunity, the government's immunity from legal actions. Basically, you can sue the government only if the government says you can sue the government.One of the exceptions to sovereign immunity in Texas is for operation of motor vehicles. Corpus' lawyer could show Officer Mata was operating the animal control truck, then he would have a case under the exception to sovereign immunity.So just what does it take to be operating a motor vehicle?If you asked a bunch of convicted drunk drivers, they would probably tell you Officer Mata was operating the animal control truck. That's because courts have held that, to be guilty of drunk driving, all one must do is sit in the drivers seat with the key in the ignition.Bud or Bees?For instance, in People v. When he pulled up to the drive-up window in his van, he passed out--with his car running--and, giving new meaning to the phrase, "This Bud's for you," he had a can of Budweiser between his legs.
Oh yeah, he also had a cooler full of marijuana on the front seat.The legal story from the bad night at the Golden Arches wasn't so bad for Mr.
Both a trial court and an intermediate state appellate court threw out the evidence against him, holding he was not operating his van at the time of the arrest and search.However, the Michigan Supreme Court reversed both courts and held Mr.
Wood was operating the motor vehicle even though his van wasn't moving, and he had his foot on the brake.
Noting that his van was running and in drive, the state's high court held he was operating the vehicle because he had put the vehicle in motion, was still in control of it, and the vehicle still posed a danger to the public. Corpus was injured when the bees entered the cab of the truck where he happened to be sitting. If you're carrying contraband, don't drive through a small Southern town at 4:03 in the morning in an old Buick with a busted headlight.
Little had approximately 10 tree air fresheners hanging from the rear-view mirror.Before we get to those pesky air fresheners, please allow us to defend the good people of Charlotte, North Carolina. You're a fine city with an economy built on good barbecue and Bank of America overdraft fees, and--unlike Office Kallfetz--we don't think you're a bunch of druggies. Little moved to suppress the evidence, arguing the search was illegal, but a trial court denied the motion, holding that the stop and the search were lawful. Little appealed.Air Freshener JurisprudenceIn his appeal to the North Carolina Court of Appeals, the Tar Heel State's intermediate appellate court, Mr. Little that the search was improper because the cornucopia of air fresheners did not provide reasonable suspicion for extending the stop until Rambo arrived.Unfortunately for Mr.
Hernandez, the North Carolina Court of Appeals held a stop was proper when it was based, at least in part, on Christmas tree air fresheners.In Hernandez, Trooper Jonathan Whitley of the North Carolina Highway Patrol stopped a vehicle when driver Jose Hernandez removed his seatbelt while still operating his vehicle. Hernandez's undoing."I noticed there were several of these Christmas trees, air fresheners in the vehicle. I noticed a strong odor coming from the vehicle," Trooper Whitley testified in defending his actions.Christmas tree air fresheners as a basis for detaining a motorists? Watts, the Massachusetts Appeals Court held reasonable suspicion could be based, in part, on the presence of fabric softener drier sheets.The federal courts have joined this attack on pleasant aromas as well. West, the Tenth Circuit proclaimed, "The Tenth Circuit has consistently held that the scent of air freshener is properly considered as a factor in the probable cause analysis, and in the Eleventh Circuit held in United States v. Edmonds, the Third Circuit upheld a trial court's refusal to believe a drug mule was a mere unsuspecting courier. And let's not even get started with deciphering the cryptic hieroglyphics known as the cable bill.But what if your employer hoisted a sign informing customers there would be a two-dollar charge for your services? Until American went and messed up things, most skycaps earned most of their earnings from tips.As the airline industry faced significant financial problems, airlines began charging for many services that had been free. This a la carte fee system affected everything from headphones to handbags.Want to watch the in-flight movie?
When a federal law preempts a state law on an issue, the federal statute has sole jurisdiction, and the state statute is preempted and nullified for purposes of that dispute.The District Court held for American on several grounds, but held for the skycaps on the preemption argument. Thus, the claims under the Massachusetts tips law and for tortious interference were tried to a jury.Big TippersIt turned out the jury was a bunch of big tippers. The jury found for the skycaps in April 2008 and awarded damages in the amount of $2.00 to each skycap for every bag handled between Sept. 2005 and the verdict.Thus, the jury awarded the nine prevailing plaintiff skycaps approximately $333,000 in damages plus interest and attorney fees. Louis airport did not get to share in the bounty because--as a citizen of Missouri--he was not covered by the Massachusetts tip law.But, our story is not over. Circuit Court of Appeals handed down a decision bound to make Parisian tourists do a happy dance.The First Circuit reversed the district court and ruled for American in DiFiore v. Edgar Hoover and the FBI out of our mothers underwear drawers, and seizure-hungry sheriffs out of our Chevys.Yet, as with anything, the Fourth Amendment is not absolute.
Thus, if police have probable cause for a search, its not unreasonable, and the Fourth Amendment won't stop it.
For readers who may be unfamiliar with the household appliance known as the bong, it is a water pipe--used by some to smoke marijuana.The speeding Mr. Smith was attempting to outduel a fellow motorist when police clocked him traveling 67 miles per hour in a 40 mile per hour zone.When police stopped the Smithmoblie, they noticed a bong and an open box of plastic sandwich bags in the car. However, when police misbehave, there is a judicial remedy known as suppression of the evidence.
For those who never have time to watch Law and Order, that means the evidence is thrown out because the cops got it illegally.In this case, because the police failed to give Mr.
Smith moved to suppress evidence of the search.However, Massachusetts prosecutors argued the bong and Baggies sitting in the car in plain sight gave the police all the probable cause they needed to search the carMiranda or not. In essence, the Commonwealth argued, it was the probable cause supplied by the bong and Baggiesnot the Mirandaless utterances of Mr.
Smith that gave police the pot.Both a trial court and the Massachusetts Appeals Court, the commonwealths intermediate appellate court, rejected prosecutors' arguments and threw out the evidence--and thus, the case.
Citing Massachusetts case law, the court held that bongs and Baggies--and nothing more--do not give the police probably case for a search.Bong and Baggies LawThe Appeals Court distinguished Mr. Smith's case from two previous Massachusetts Appeals Court decisions where bongs did lead to probable cause for a search: Commonwealth v. Unlike in Dolby and Correia, in Smith, there was neither marijuana smoke nor residue present in the bong.The Appeals Court said that distinction was critical. Garcia, the court held, the observation of two lawful items--the bong and the box of sandwich bags--did not supply probably cause. The court articulated its rationale in Garcia:"The trooper's experience, coupled with his observation of an apparently empty baggie, is not enough to provide probable cause to conduct a warrantless search of the automobile. To allow police officers, experienced in narcotics investigations, to conduct a warrantless search whenever they observe one of the above items, and nothing more, would permit random searches, which are condemned by the Fourth Amendment and the Declaration of Rights," the court said.So, Mr.
Dalien in 2000, using saline implants.After a diet and exercise regimen caused her to lose weight, Ms.
Dalien noticed some indentation and rippling on what was once her soft and supple upper left bosom.No problem. Jackson went in again, removed the saline implants, and replaced them with gel implants.Turns out there was a problem. Dalien was not happy with her new gel bosoms, so under the surgical theory of more is more, Dr. Dalien during 2005 and 2006.Blinding BungeeJust before all this happened, and--importantly for our story--unbeknownst to Ms. He retired in October 2006 after unsuccessful surgery.Citing her allegedly unsuccessful surgeries, Ms. Dalien argued negligent medical malpractice in the botched boob job.In her second civil action, Ms.
Jackson argued that the nondisclosure of his eye condition did not occur in trade or commerce and that any alleged professional malpractice or negligence was exempt from the CPA.Ms.
Dalien countered that the nondisclosure of the eye condition was, in fact, done in trade or commerce because Dr.
Jackson solicited and retained patients by failing to disclose this condition.In siding with Dr.
Jackson, Washington State's Court of Appeals cited the Evergreen State's jurisprudence on cow bone disclosure and the case of Michel v.
Mosquera-Lacy.In Michel, Mystie Michel sought treatment from Lucy Mosquera-Lacy, a periodontist employed by Bright Now!
Mosquera-Lacy ran out of human bone, she finished the job with cow bone.Although the dentist claimed she merely finished up with cow bone--and that cow constituted no more than 10 percent of the graft--Ms. Michel said she now had a McImplant with the doctor having implanted a cow bone in her mouth.Whatever damages or urges to graze on her front lawn Ms.
Michel may have experienced, her case wasn't actionable under the Consumer Protection Act, the Washington Supreme Court held, because the use of cow bone was not an entrepreneurial activity in trade or commerce."Michael failed to show that Dr. This is not actionable under the CPA," the court said.Bovine Bones and BungeesFollowing the Washington Supreme Court's holding in Michel, the Washington Court of Appeals held in Dalien v. Jackson's nondisclosure of his eye condition was also an activity that fell outside the scope of Washington's Consumer Protection Act.


Thus, the court declined to certify her class action, and it affirmed a trial court's dismissal of her case."As in Michel, Dalien has failed to show that Dr. Jackson represented that he had better vision than his competitors or somehow relied on his vision to promote his business," Judge Russell Hartman wrote for the court.However, the court didn't say Ms. Jackson's eye injury may have affected his ability to examine, diagnose, treat, or care for his patients, that question is actionable under the negligence theory, which Dalien is pursuing in her original lawsuit."The lesson of this week's Case of the Week? Buckley Jr., Walter Cronkite, and now Bait Car?As the old Sesame Street song said, it would appear that one of these things just doesn't belong here.
They argue their show is real journalism, and--in an attempt to avoid producing evidence in a California court proceeding--they say their photographers are journalists. In recognition of this creative legal argument, their case gets to be our Case of the Week.What is a Journalist?The proliferation of new media sources has created a novel question: Just what is a journalist? Must one possess government-issued press credentials, sending shivers down the spines of First Amendment advocates?
Perhaps there should be a requirement that at least your Aunt Betsy actually read what you write?This question has taken on real legal significance as the U.S. These laws attempt to protect reporters and their confidential sources by shielding confidential information from disclosure to courts and third parties.Although there has been substantial progress, a federal shield law has not yet passed. Old Media world?Many hipsters sipping lattes at Starbucks like to bash so-called Old Media. As they iPad away their afternoons, bowing before the altar of New Media, they mock institutions such as The Wall Street Journal as the old media of their grandparents, and--bless their little black turtlenecks and Birkenstocks--they weren't fooled by Rupert Murdoch's purchase of Myspace. Silly, Rupert, New Media is for hip kids.But, the beautiful world of blogging Brown alumni opining on global warming and Maya Angelous contributions to literature while their conservative brethren blog on banks and hedge funds may be in for a shock to its modern sensibilities.
There may be unwanted guests at this post-modern, online clambake, and it may be a sign of things to come.Bait Car as New MediaThe folks at truTV, that network of cop shows that used to be Court TV, have come up with a new show called, Bait Car.
In Bait Car, the producers work with local police to place an unlocked car with keys in the ignition out on the street. Get it, bait, car?Many unsuspecting citizens, including Joseph Bullard, took the bait.Or did he?In the case of People v. Bullard argued that he was merely being a good citizen, moving the Bait Car out of its illegal parking spot.He also argued selective prosecution.
Bullard, a gentleman who enjoys cross-dressing, argued it was no coincidence that the unholy trinity of producers, police, and prosecutors arranged for the Bait Car to be placed outside Divas, a well-known, somewhat risque San Francisco transgendered club.
Bullard's Good Samaritan claim, his legal counsel wanted to see the tapes of the filming from KKI Productions, the producers of the San Francisco episodes of Bait Car. Not unlike Judge John Sirica sending an order to the Nixon White House, Judge Gerardo Sandoval ordered KKI to turn over the tapes.Not so fast, said KKI. Arguing that Bait Car was journalism and that the intrepid Bait Car photographers were, in fact, journalists and so under California's reporters shield law, KKI refused.Judge Sandoval wasn't buying it.
Bullard's "I was only helping by moving the car" argument, but prosecutors dropped the charges against Mr. You can't cooperate with one side and not the other," said Lucy Dalglish, Executive Director of the Reporters Committee for Freedom of the Press."You can make a very strong argument that the cooperation with one side is a waiver of the privilege," Ms. Bullard does not decide the law on the contentious issue of who gets to be a reporter in the eyes of the law--although it does put Californians on notice that, if youre in cahoots with the cops, you probably don't get to be one, at least for reporters shield purposes.The case also illustrates that the cozy little blogging world at Starbucks and beyond is also in the midst of a culture shift. Combine the two - the theory went - and you would have what one of those MBA-types might call, synergy.Activision and Ms.
They also made some money off a game series based on the adventures of skateboarder Tony Hawk.Entering the 21st Century, one of Activision's biggest games was its Guitar Hero series, which basically allows players to engage in computer-assisted air guitar.
Stefani and her bandmates were not excited about the prospect of having their voices replaced with the manly sounds of Boy George.Ska vs. SuitsCould Activision really use the twisted avatars without No Doubt's permission?No Doubt didn't think so, and the band sued Activision in California state court. About half the states have a statutory right of publicity and others protect the right of publicity as part of their right of privacy laws.There has been a movement to extend the right of publicity beyond death.
Thus, the appellate court held, the First Amendment did not excuse Activision's alleged violation of its right to publicity."Nothing in the creative elements of the Band Hero elevates the depictions of No Doubt to something more than conventional, more or less fungible, images of its members that No Doubt should have the right to control and exploit. Thus, the trial court did not err in denying Activision's motion to strike the right of publicity claim based on Activision's assertion of a First Amendment defense," Judge Thomas Willhite Jr., wrote for the court,The court compared and contrasted Ms. Stefani's avatar with the image in another case involving a Sega videogame and the former lead singer of Dee-Light, Kirby v. I teach basic poses because they offer so much value in their own right, and because they’re great preparation for more challenging poses. My low back muscles are less pissy because they’re no longer working overtime, all the time. Like Sleeping Beauty after her long nap, my abdominal muscles have rubbed their sleepy eyes and awakened!
That’s the price overly bendy people pay for being able to roll out of bed first thing on a January morning and slap our palms flat on the floor. I’ve started creating more stability by lengthening my spine, and addressing my displaced ribcage instead.
Teaching just one student affords the opportunity to custom tailor the practice to one set of individual needs.
I ask students to provide the names of their nearest and dearest on my client intake form, to be sure I remember them.
A simple question like this gives me a ton of info about a student’s emotional state. Or would you prefer me to just run with it?” (If a private student wants to work on something, in particular, I want to know about it.
I also want to know when a student would rather not have to make one single decision for sixty minutes, and just be told what to do. Originally I’d intended to jot down a couple of instructions I no longer use in my teaching. These are instructions that I personally no longer use in my own practice, or in my teaching. I’m SUPER NOT INTO the whole shade-throwing, shame inducing tenor that I think the conversation about yoga alignment has taken in our current milieu. I’m going to rely on generating interesting conversation in the comments rather than detailing each item in the body of this post. It was a difficult surgery because said thyroid was severely damaged by an autoimmune disease called Hashimoto’s. Given the information I had at the time, I would make the same choice again.“Consider yourself cured,” said the surgeon.
Relief, it turns out, coming in the form of nausea.  Tomorrow morning I will get up, slice potatoes thinly, and fry them up with onions in a cast iron skillet. Tomorrow, I’ll poach eggs for breakfast.Today, I curl onto a couch at water’s edge and sleep. Jesus, do you think I have NO DISCRETION WHATSOEVER?!)Also, as a yoga instructor, one of the things I’m committed to is dialing down the amount of fraudulent Shiny Happy in our profession.
Little things like grocery shopping and meal preparation seem to require a great deal of effort. She instructs them to record a daily list of the details of everyday life, something she calls Ordinary Time.
These are, I suspect, antidotes to impoverishment.This morning, on the floor, is a pink towel found on Rockaway Beach by my father, and an even pinker sock lying alongside. I have more books than time in which to devour them in one lifetime, and continue to acquire.
Personally, I’m curious how connective tissue is accounted for in the measurement, given that it can be fluid or solid. The membrane encompassing a cell envelops a microscopic sea. Breath, blood, and the cerebrospinal fluid that bathes the central nervous system, are tidal by nature. I could never regret the time I spent making an in-depth study of the human musculoskeletal system. We approach the body as though it were a machine, and focus on its individual moving parts. I think it’s good to have more than one language when working with the body, and more than one lens to look through. This is scalpel work that has required a slow and steady hand, as I have wanted to neither cling to ideas nor reject them in an imprudent or impetuous manner. Rather, I have endeavored to free each layer of my point of view, hold it up, examine it, experiment, and discern the relevance.In retrospect, I realize that for a long time I had ceased to be curious about working with the body, or ceased to be curious enough. Google informed me last week that the mortality rate of papillary cancer is low, something like 5-10%. I’ll try not to hold it against you but make NO PROMISES!!) My friend Jenny baked some killer magical-tumor-zapping-salted- chocolate-paleo-cookies. Those suckers were definitely worth having gargled with mouthwash and taken a sponge bath for.Afterwards, I hurried home to resume lying on the floor.
Which reminds me–does anyone have a remedy for getting carpet imprint out of my face? One that entails little or no movement?Next Monday I get the ultrasound to see what we shall see about lymph node involvement. He Who Must Never Be Named on the Internet has been a rock.Thanks for all the sweet notes and good wishes. For a long time I had a lot of muscle pain in my shoulders, and for a long time I felt oddly ashamed about it. My definition of a more traditional diet includes more whole foods, pastured or grass-fed animal foods, and less sugar, grains and processed foods.
Eating in this way has helped me feel so much better than I’ve felt for most of my life. The work I’ve already implemented is going to be so important going forward, and will give me a huge advantage. It looks for any opening it can squeeze through, no matter how small.When I pause long enough to challenge self-violence, I realize that the last rendition of the story actually strikes me as a lot truer than some of the other versions. What stories of blame, shame, recrimination and personal culpability do you tell yourself in the dark? Nothing like a light meal of sausage and peppers to settle the stomach after receiving unpleasant news.I like my endocrinologist. Each and every one of us is responsible for educating ourselves, and making our own healthcare choices. If we swallow down the Standard American Guidelines then we will suffer the standard American Ailments. Personal responsibility entails wading through a lot of conflicting points of views, and deciding who to trust.
Teachers need to be careful what we say, and students need to be careful whose points of view they take to heart. It irritates me to no end when I see yoga teachers posting Instagrams of their beautiful organic meal that consist of about a half a leaf of lettuce. As someone who has an autoimmune disease of the thyroid, I tend to have a lot of inflammation in my body.
I imagine there are very few people in our society who don’t, and some suffer a great deal more than others. I try to recognize my own insecurities of this nature, own them, and make the choices that are both physically and emotionally healthy for myself anyway. If you haven’t read it, check out Women, Food and God for a thoughtful treatment of the subject. That tends to happen when we reduce our level of inflammation, but it’s a result rather than a goal. Inability to take off weight is a symptom.I feel a strong personal conviction about helping people who want to try eating a different way.
It helps me realize exactly how enormous of a topic this really is, and how much sensitivity is required. It sure scared me!In fact, I dragged my feet for an entire year before I bit the bullet and did it. As someone with a life long indulgent sweet tooth that was pretty unfathomable and weird, but I didn’t want to go back to my old way of eating.
Still, right now my blood sugar isn’t as level as it could be, and I feel the difference.
Maybe some day I’ll quit eating sugar once and for all, and never indulge in another bite again. Sugar addiction is something I have historically struggled with, and sometimes I still struggle. You can email me at through the contact form on this website and I’ll send you the whole darned enchilada for free. I’d had no quibble with the method itself, and thought I would continue to teach the method, simply calling it something else. Oh, sure–I had already known that in my head, but I had not had that experience in my body.
Of course, you already know that the stars are many, and there are infinite ways to draw connections between them.
My approach to the practicing and teaching of asana has FINALLY come truly to mirror my most fundamental philosophic point of view. The skilled percussionist knows that a snare drum will not evoke the same kind of experience as the hand bell.
My point lies in knowing which destination you would like to visit, then having just the right map to get you there. My point lies in knowing that no matter how many destinations we draw maps for, there will always be both more destinations and  more constellations and more maps.My point is–where would you like to go?



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