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09.05.2015
I've been covering technology in fitness, fashion and health over the last 5 months and I really hope you enjoy these trend reports. Like I say in the video, we're picking 3 winners per prize category, so you have an excellent chance of winning. In all aspects of life, I'm drawn to women who take a stand on issues, don't care about being labeled a freak and just come out and say whatever it is they feel needs to be said. Even when I'm home alone and hungry, I can cook a HelloFresh meal and save the 2nd portion for my lunch or dinner the next day. The concept of the beautifully captured campaign was that an exciting adventure could be as close as your backyard. Every trainer I got was just going through the motions, fully knowing I'd disappear on him or her once my free sessions were up. The day I went to film at KryoLife, owned and operated by Joanna Fryben,  I was actually feeling significant shoulder pain. Cryotherapy is hailed as a cure-all and people are using it to get rid of all kinds of things like acne, cellulite, unwanted weight, inflammation, depression, libido problems, and body injuries. To be perfectly honest, the TomTom Spark Cardio + Music frustrated me at first because therea€™s a bit of set up involved.
I refer to my life as a juggling act because there are so many facets of what I do that need to be in constant motion. In fact, I have more than a few waist trainers that I've been using for over a year since becoming curious about the waist training trend.
As a Latina (my mother is Honduran), I'm feeling the need to spice up Thanksgiving with some Latin peppers. What follows are my favorite photographs from the day I conquered my fears with the Special Olympics of Missouri.
You might think that living in downtown Manhattan, I already see it all when it comes to high style. If you haven't been to any of Serene Social's wellness events yet, you're missing out and should definitely go to the one happening tomorrow in NYC at the launch of New York's Fashion Week.
I will be there and looking forward to some heart opening rooftop yoga atop the James Hotel in Soho. So here's my Flat Stanley Skincare Secret: I seek out skincare that's packaged flat and in single servings.
One of the best parts of going on a road trip adventure is everything that you see along your drive. This trip will take us to some pretty amazing places where nature makes you feel empowered and free.
Barre classes first came about in a big way in the 1950's on account of ballerina Lotte Berk.
Barre fitness is all about using small movements to work trouble spots and tone every inch of your body by working multiple muscles in unison. It beats being ohm-ing indoors, especially with the cool breeze off the harbor blowing through your hair. Earlier this summer, I spent one of the most amazing and healthiest travel weekends of my life at the Four Seasons Baltimore. I first saw a pair of Vira Suns on my yoga-instructor-friend, Lauren Imparato, during a yoga class in the middle of Times Square.
What sets this year's event apart from the last few, aside from the bearably cooler weather, was yoga-preneur Lauren Imparato leading the highly publicized morning class. After years of dealing with this issue called a€?sleevage,a€? Ia€™ve concluded that most bras Ia€™ve worn are actually the real culprits. Before you give a listen though, I want to share my thoughts on what Katya Meyers is doing. I got in touch with the designer, Geneva Peschka from SunandDaughtersCo on Etsy, to find out more about the inspiration behind the shirt.
Geneva bravely decided to act on the lessons she learned through these books and noticed her life change drastically for the better. The new Lotus Print collection by adidas Originals is urban, striking and feminine in a cool, unapologetic way.
If you're a Zumba fanatic, you should know that the cruise doesn't set sail for another 7 months from Fort Lauderdale, Florida but at least you have some time to plan, right? And just in case you stop dancing to see where the hell you're going, the cruise will be sailing to Falmouth, Jamaica with a stop in Labadee, Haiti for a private live concert featuring the hottest Caribbean artists. While the entire Team SCA crew was not on board, 2 of its sailors were there to answer all my questions.
Their sail, while impressive in it's own right, represents something far greater for women. From your clothes to accessories and gadgets, don't take a risk by wearing it for the first time on race day! FOR an exclusive womena€™s fitness class combining Surfset Fitness (the NEW surf-fitness trend) and Real Ryder Spinning (35 minutes of each). I picked out some rather loud styles for our shoot but once I got comfortable in them, I had no qualms wearing them "off-set". Short girls are always getting brainwashed into thinking we can't pull off more eccentric looks or fashion trends that taller girls can get away with. Leave a comment below telling me which fitness myth gets under your skin and why it's soooo untrue.
If there's something you should know about me it's that I avoid tourist traps at all costs!
For the sake of being accurate, let's call these dangerous deodorants what they really are, which is antiperspirants. It's totally blowing my mind but at the same time I keep asking myself: why should this feel surreal?
I typically only share my press features on my press page, but today I'm expecially THANKFUL because this issue of People Style Watch marks the 12th time I've been quoted in their magazine. One of the most classic New Year's resolutions is to start going to the gym more, which is exactly why gyms start hiking up their enrollment fees around this time. I was there to buy an assortment of chocolates for my Aunt as a combined birthday and Valentine's Day gift.
I make yoga dates with my girlfriends constantly because I feel like I get the most quality time with them during this workout than any other. This is Nicola Yvette, my longtime friend who teaches yoga & pilates (check her out here).
Last night we went on yoga date to Laughing Lotus Yoga NYC and it was pretty awesome to experience her energy and soulfulness right beside me.
People dona€™t just show up to classa€¦they show up wearing designer sportswear and the latest in tracking accessories. If you're looking to visit NYC or take a staycation yourself, keep reading for details about the GIVEAWAY I'm offering with Dream Hotels. When I entered my room at the Dream Hotel Midtown, this was the first thing I saw: a framed picture of my 2 puggles, a bottle of champagne and a gluten-free birthday cake! To others, it's just the day after Halloween -- a day they forget was once merely All Hallows Eve. The reason I find them so relevant is because by 2020, wearable technology alone with generate over 20 billion dollars in revenue. Last night I made HelloFresh's Carmelized Onion Burger but instead of fries, the recipe included a roasted cauliflower side. It was supposed to wet your appetite for personal training and help you ease into your new gym-life.
People are investing more of their paycheck in health & wellness, and seem to be more committed to their workouts than ever. But if you want the benefits of the treatment, it's worth enduring the very looooong 3 minutes. So I was genuinely hoping to reap the benefits of whole body cryo and report back to you on how quickly it worked. Most of the ones Ia€™ve purchased or have been sent to review bite the dust in my gadget drawer at Mizzfit Headquarters.
I have what seems like a billion projects going on at once, and if I ignore one of thema€”well, you know what happensa€”the balls, the chainsaws and flaming sticks come toppling down on you and scatter. Like many of you, I saw Kim Kardashian's selfie that she took in her trainer and wondered what's this? One of my recipes is an appetizer and the other is a side dish to accompany your turkey dinner.
Look for them in the canned and jar food aisle where you'd find things like stewed tomatoes, pasta sauces, etc. I'm pretty sure it was a combination of the perm's harsh chemicals (it was the early 90's afterall) and my onset of puberty. There's an amazing event called Over The Edge that happens nationwide through the Special Olympics, and I decided to do it in St. In addition to raising awareness for this extraordinary event, I raised money to support it. To some extent that's true because of the amazing and innovative fashion sense people have here. Serene Social has teamed up with Lululemon and Suja for this gathering to kick off the calamity of fashion energy that's about to overtake the city. By the time his photographs started getting noticed through social media, it was already a passion project. I've talked a lot about Haute Athletics this summer and love that they carry stuff you won't find elsewhere.
Since there are women rockin' this style and attitude in their everyday clothing, clearly there should be activewear that expresses the same vibe! Her prodigees went on to turn barre fitness into a successful business of popular, packed classes.
Quite honestly, I felt like I was hiding out, as if I had taken off for an exotic and faraway retreat.
But the real highlight was scoring my room at the Four Seasons for their celebration of Global Wellness Day, which was served up as a full week of fit & healthy activities.
Men don't like to be kept in the dark, because they know whatever you give them they'll have to top when it's time to shop for you. I knew this year for Father's Day I was going to give my dad a travel bag that would help him do this. Here's the link again on Lucy's Blog :)]]>On June 21st, Athleta was the headlining sponsor of Solstice in Times Square put on by Times Square Alliance for it's 13th year. When Katya first reached out to me and shared a bit of her life with me, I was really impressed with her background and how she left a traditional career path to pursue an endeavor her heart was stuck on (racing).
She told me that over the last few years she's been doing a lot of self work and stumbled across Spirit Junkie by Gabrielle Bernstein. During my little photoshoot in NYC's Meatpacking District, locals and tourists alike kept pointing out my gear to their group. She works out with me, attends my events and has modeled for print ads (like the one above which actually never ran) and in magazines with me. After writing about Team SCA and their amazing adventure racing around the world, I was invited on a press trip to sail with them. Just to clarify, the Volvo Ocean Race is ongoing and was in full effect while I was on this press trip, but a few crew members at a time are allowed to come off the boat for a leg of the race and rest up.
As I write this, there are some incredibly athletic and brave women sailing around the world as part of Team SCA. It stops in nine countries around the world before finishing in Gothenburg, Sweden this June of 2015. Test everything you plan on wearing for the official half marathon race day during your last few training runs.
Now that crazy party church is home to David Barton Gym and LimeLight shops where health and fashion are king and "queen" (it's in Chelsea, so I had to).
And if anyone has ever told you that knee highs only look good on girls with skinny legs, well, that's just NOT TRUE. Personally, I just think it's a matter of choosing a pattern, color or length that best suit your legs. I like to uncover the healthiest and most active things going on in the places I travel to, and I always prefer to go off the beaten path. As I get older, I find I need to do more to preserve the firmness, the lift and glow factor of my skin. I'm feeling really grateful for 2.5 years of working with them to report on the hottest fitness trends happening nation-wide. To be honest, I have more health goals than I can count on 5 sets of hands, so I'll keep it short and sweet. Since she's a fashion designer, I knew she'd love chocolates from the most stylish and talked about chocolatier in town (the owners used to work at Per Se). As a fitness trend expert, Ia€™m thrilled to see this movement thrive, but I go crazy when I cana€™t sign up for a class because it's completely SOLD OUT! 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. Yes, it's going through it's "boutique salon" stage right now, but people have been "floating" and even installing floating chambers in their homes for the last 20 years. But seriously, it's hard to decide which one is my favorite prize because quite frankly, I own them all. We often take for granted the wonderful parks and historical sights within the region we live in.
A few years ago The New York Times reported that some women were studio-hopping, taking more than 1 class a day to get their fix.
It wasn't an overnight kind of relief, but the pain did completely go away about a day and half later.
I know youa€™ve probably heard of many fitness trackers already but this one is the tracker of all trackers.
8 years ago I left a career in corporate advertising to pursue my dream of reporting on health & fitness. Ita€™s risky business juggling a lot in your life, but for me personally, I live for the thrill! I reached out to Hourglass Angel (the most well-known waist training seller online) to see if I could try their products and, of course, come to my own conclusion.
Again, not complaining as worse things have happened in my life, but as all wavy and curly-haired girls know, learning how to style curls is freakin' hard! Louis at The Arch so that Special Olympics athletes from my hometown can train, compete and enjoy a lifetime of their own thrills. BUT, I'm never as exposed to the world of fashion and the mind-blowing creations debuting on runways as I am during NYFW. She presented her "Search Don't Rescue" collection, which really appealed to me because I'm a huge fan of monochromatic, flowy dresses and pairings. Graffiti Beasts leggings feature the art of real street artists whose art can be seen on the streets of Lisbon, Barcelona, Milan, New York City and many more cities across the world. Michelle Austin, founder of the Fluidity Barre, was one of her students among others like Exhale founder Fred Devito, who I interviewed HERE. You will most likely discover parts of your body that you never knew were possible to work out or even move.
They have a wayfarer style (which is so classic that they're always IN) and they're made with polarized, UV400 protection lenses. If you set a level of expectation, they will ALWAYS look forward to your gifts and rave about them in conversation.
Let me guess, you know how to break a sweat but you also look forward to showing off how well you clean up and glow like a pro. Check it out because I go into detail about why these skincare products should be in your summer gym bag STAT!
This is the yearly event where yogis come together right smack in the middle of Times Square to celebrate the day the sun is at its highest position in the sky for the longest period of time. The tracker itself is a black shiny oval shaped piece that clips into a metal slip-on bracelet. But what you're paying for is great technology, an app that doesn't baffle you but inspires you and a piece of jewelry that looks good with anything you wear. A really astounding young lady and go-getter herself, Katya Meyers, created the interview series to share what happens behind the scenes in the lives of successful health & wellness oriented professionals.
Spirit Junkie and the book A Return To Love by Marianne Williamson really helped open her mind and heart to all the amazing possibilities that can happen when someone chooses love over fear.
If you know of a case that shoud be on this list, please add it to the comments section below with a direct link. It's a 5 day adventure and my sources are telling me that there will be 130 of the most famous Zumba instructors onboard including Beto Perez himself. I used to think of her as just my mom without fully worshipping everything she's accomplished. They're competing in the Volvo Ocean Race, which is considered to be the toughest sailing race in the world. It's a long trip (9 months at sea!) and it's a tremendous challenge for these women, requiring massive teamwork and goal-setting.
Of course, you have to train consistently, eat right and get plenty of sleep and hydration. I teamed up with Chrissy's and my bestie, Michelle from YoGoGirls, to bring you these playful and sporty looks.
I'm 5'2" with muscular legs and I loved the way these Polka Dot Socks almost seemed to lengthen my legs. Aging lines, sun damage and sagging are major concerns of mine, and I'd like to do the most I can to prevent the visible aging process from coming on faster than it needs to. Because aluminum prevents our underarms from stinking by blocking sweat from escaping through our pores onto the surface of the skin.
Since May of 2009, I've been on a mission to take everything I learned and experienced from my advertising career and turn into something truly positive that will help women embrace health & wellness.
I also wanted to take a moment to tell all of you that I'm always here to answer your questions about health & wellness so feel free to contact me. Speaking of sweet, Valentine's Day reared its rosy head and lured me into a chocolate shop last week. As I admired the glossy bonbons (they're literally lacquered with a sugary coating and some are topped with edible gold leaf) my mouth was watering insatiably.
Yoga's the one activity where even though you're not talking, you're still connecting with each other while on your mats.
To be body positive is a journey of self acceptance while advocating for and accepting our differences with others. 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.
The category continues to evolve and expand beyond the fitness tracker we're all familiar with.
The prizes I pick for each Booya Fitness challenge are based on my favorite products and gear that I've personally test out for you. I only ate half the bun and the wonderful part about the meal is that the portions are JUST RIGHT.
I already have enough gadgets and gizmos in my life that if I'm going to add something to the mix, it better do something spectacular.
Let's just say I ended up falling in love with waist training, which is something I really didn't expect.


I made some amazing stopsa€”this one was my favoritea€”and had a lot of time to think along the way. You essentially have to ask yourself whata€™s next in my lifea€¦what road will I take and where do I hope it will lead me? As a fitness trend expert, I never limit myself to just fitness events because EVERYTHING is fusing together these days. But yes, I have a FLAT approach to skincare that I want to share with you today that literally saves my life every time I travel. Fact of my life: my toiletry bag + makeup bag + hair dryer and roundbrushes = most of the weight in my suitcase. Ia€™m discovering new spots to work out, sharing my favorite places to unwind and scoring face-time with friends.
Not only do they keep you from squinting but they'll save those precious eye corners of yours from sun damage. The 2 pieces together are minimal and sleek in away that far out-styles FitBit, UP by Jawbone, Nike+ Fuelband and similar black band trackers.
The 2 metal bracelet finishes--Midnight Purple and Brushed Gold--blend exceptionally well with silver and gold tone jewelry. I'm honored to be a part of her series and my interview is LIVE and ready to be heard by clicking RIGHT HERE.
My mom and I don't always agree on everything but she's been very supportive of my life choices and has taken great care of me throughout my life. It's going to be a fun springtime evening social, if you will, and a great chance to check out the evolution of LimeLight! Come join our healthy party with cocktails from SkinnyGirl and Juice Press, and wine sorbet from Frosae Wine Sorbae, which is basically FROZEN WINE!
So I've put a little something together with a posh studio that's new to the area called Core3 Fitness. Hopefully they'll inspire you to get creative with something as simple and inexpensive as a pair of socks. So, I did for a little bit but then over time I became empowered by how great my mid-30's felt. I can't perform magic tricks but I can wear Altchek MD's Daily Moisturizer made with SPF30, Ester C and Vitamin E. The plus side is less sweat and stink but the downside is that antiperspirants prevent the human body from doing it's job, which is to rid itself of toxins. I thought I'd share with you what I've got on my desk today: the March issue of People Style Watch Magazine and my new favorite toy, a Ball Wide Mouth Mason Jar with a fruit infuser lid! It's one of the easiest invitations to extend because no one has time--including me--to workout and see their friends unless it's happening simultaneously. In this case, it's imperative that your mats are side by side so you can visually bond with your friend. Body positivity is for everyone; fighting self-hate and working towards self-love and acceptance of ourselves and others through resources, visibility, and discussion!
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. It's drastically changing these industries with more advanced fabrics, lighter and more funtional parts, more accurate tracking and motion sensors, and overall cooler customization. Whether it's my boyfriend coming over to cook with me, my mom visiting from Missouri or my best friend coming to spend the weekend with me to play in New York City, I literally ALWAYS have a meal in the fridge for 2 that only takes 30-45 minutes to whip up. And can you blame them for not caring when they know new members are taking them for joyride? Since I'm the healthy one in my familia, they count on me to contribute an interesting veggie concoction that wows their taste buds.
I caught the flu somewhere between rushing to shows and shaking hands with and hugging everyone. I've been to a few of their events, but this year's New York Fashion Week 2015 showcase was one of my favorites. Fashion is going sporty on NYFW catwalks and tech is catering more than ever to wellness conscious users.
Ia€™m doing it all in a 2015 Ford Explorer to celebrate Tri-State Forda€™s a€?Where To Now?a€? adventure and summer sweepstakes! My products have to be effective, easy to apply, fast working and light (on my shoulder, not just my face!). It's challenging, modern, music-oriented, and doesn't follow all the yoga rules you're used to. Most people won't even notice you're wearing a tracker because it looks like a fancy bangle. The lotus flower is now bold, proud and sharp looking, which I personally think translates better to fitness and sport. I learned a lot from them about Team SCA's voyage, race conditions and day to day life at sea during this gorgeous afternoon spent sailing on the Hudson River. I've been running long distances since highschool and to this day I'm still discovering new tricks for a smoother run. Going to the Big Island this past February was my 3rd time back to the wonderous state and I used a new online travel guide service called Localfu to navigate my way around like a local. Even my hunky Australian officemate who is the epitome of a guy's guy goes to SoulCycle and has a ClassPass acount.
It's really amazing to see all the companies being born out of these kind of technological advancements.
It's been a whirlwind of a month but I'm finally back at Mizzfit headquarters blogging about all my exciting Fall adventures.
Ia€™ve worked really hard to get where I am, but if you had asked me years ago whether Ia€™d be in the drivera€™s seat of my own business and reporting on womena€™s health, Ia€™d think you were nuts. I worry that I won't have what I need and as a frugalista, I don't want to buy what I already own while away from home.
Most importantly they have to feel good on and revitalize my skin, whether Ia€™m running to a workout or freshening up right after one.
It's simply amazing, so I was thrilled to see her join what has become a yogi cult favorite summer event. But when it comes to fitness--my area of expertise--there's no fooling me or anyone else for that matter. She told me to choose my deodorant wisely because many popular brands pose health risks, especially to women. Check me out in Lacroix Sparkling Water's new campaign called "Start A Healthy Relationship", which can be seen on the Lacroix website and in several fitness & health publications like Oxygen Magazine.
I take a lot of criticism for being an outspoken Republican (I'm NOT anti-gay marriage or pro-life though), for wearing waist trainers and even for making a living off of social media. That being said, I was pretty excited to see which brands would be making their debut at TechStyleNYC! If you live on the West Coast, keep reading because I have details on an amazing fit event happening out there as well.
They either burnt out or broke after 1 drop and then it was back to the Apple store for a new one. Find out what's in store for you and please check out this Facebook Invitation (where I'd love for you to RSVP).
I want you to be informed on all the possibilities of fitness instead of believing bogus stories that discourage you.
My aunt is no stranger to disease as a survivor of Melanoma tumors and having recently lost her beloved husband to Esophageal cancer, so I decided to take heed and do a little research of my own.
Even if it doesn't (and if so, I'm jealous that you've mastered being a sane packer), I think this tip might come in handy. Many thanks to Altchek MD for all the attention and for making my skin look so great at 36 years old. I'm a hustler and a dreamer, which means I'm constantly working to grow my company and my career as a TV host. 1, 2009, Wendy Diaz lived with her husband and three children in a Los Angeles neighborhood with a gang problem. People are always judging but that's OK, I enjoy the path less traveled if it sparks my curiosity.
Around the time I turned 12, my dad took me to get a "Mariah Carey" perm because I wanted Mariah's exact hair from her music video Someday. You'll eventually find yourself clicking on every square on his instagram profile much like I did. Ia€™m a sleeveless-outfit-kind-of-girl and my issue is finding a bra that makes the area where my underarm and side boob meet look shapely.
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. Ita€™s frustrating when you work out as much as I do to maintain an athletic physique, to look in the mirror and spot a bulge protruding from under your arm! I discovered there's a lot out there in the world of iPhone cases, and with a brand new iPhone 6 on my hands, I began to test.
Diaz ventured outside at approximately 1:00 in the morning of All Hallows to look for a friend parking on the street. So I reached out to him to express my fandom and whadayaknow, he's the nicest guy on earth!
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.
As I get older, I realize how important it is to poke around and get the inside scoop instead of just taking things at face value.
So I've whipped out a larger magnifying glass (aka camera and corresponding film team) and started doing a lot more poking around than usual.



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