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Thursday, July 15, 2010

lawyerschile: Pro-Life High School Students Sue for Return of Confiscated 'Rubber Babies'

Pro-Life High School Students Sue for Return of Confiscated 'Rubber Babies'

Rubber Baby And you thought nothing interesting would ever happen again in Roswell, N.M., after the aliens landed.

OnPoint News reported yesterday on a complaint (.pdf) filed in federal district court by a group of students at two Roswell high schools who were disciplined for handing out rubber fetuses with attached bible verses on school grounds earlier this year. School administrators not only shut down the distribution, but confiscated the fetuses, and apparently have yet to return them.

The complaint, filed by lawyers at Liberty Counsel, hews pretty tightly to the pro-life line; it uses the word "fetus" only when directly quoting from the statements or e-mails of the defendants. Otherwise, the objects at issue are referred to as "rubber babies ... the actual size and weight of a developing unborn child at twelve (12) weeks' gestation," which, somehow, sounds even creepier than "rubber fetus."

It's an interesting read, as it goes through the history of all of the other items the students -- members of a group called "Relentless in Roswell" (yes, they have a Facebook page) -- allegedly had distributed on school grounds without incident: chicken salad, hot chocolate, candy canes (with a religious message attached) and "affirmation rocks." Only when the kids ramped up to the fetuses did administrators step in, allegedly expressly because some people were offended. As noted by Matt Reynolds at OnPoint, however, banning speech, even in a school setting, just because it's offensive, has not gone over well with the Supreme Court.

In addition to the constitutional claims you might expect here -- for violations of the students' rights to free speech, free exercise of religion and equal protection -- the complaint contains a Fourth Amendment claim based on an illegal seizure of the "rubber babies."

Thankfully, though the complaint indicates that a photo of one of the "rubber babies" is attached as an exhibit, it does not seem to be attached to the version posted by OnPoint. Thus, the image above will have to do.

Posted by Eric Lipman on July 15, 2010

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lawyerschile: TSA Advertising Job Openings on Top of Pizza Boxes

TSA Advertising Job Openings on Top of Pizza Boxes

Oh, this is confidence-inspiring:

If You Can Get This Pizza There Safely, You're Qualified

Am I wrong, or are the most likely new recruits from this campaign those who are currently making and/or delivering pizzas?  Are they going to at least screen out people who have ever failed to get a pizza safely to its destination?

Also a real confidence-builder: an agency that is currently engaged in buying and deploying full-body-imaging scanners at airports around the nation, and has previously lied about whether those scanners are even able to store or transmit images, is telling potential recruits that they could have "A CAREER WHERE X-RAY VISION AND FEDERAL BENEFITS COME STANDARD."

A Career Where X-Ray Vision Comes Standard and Will Never Be Misused

I guess it is somewhat comforting to know that they may be able to locate a terrorist's car keys, as long as he politely spaces out everything in his suitcase to make it easier for them.

Link: Federal News Radio

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lawyerschile. Westlaw Reference Attorneys Now Blogging About Stuff You Can't Find


Westlaw Reference Attorneys Now Blogging About Stuff You Can't Find

West It's been a while since we welcomed a newcomer to the blawgosphere. So, though we were scooped by the Law Librarian Blog and 3 Geeks and a Law Blog, it seems worthwhile to note that West's (in)famous reference attorneys have started their own blog ... [MORE]

Sphere: Related Content

Posted by Eric Lipman on July 15, 2010 at 01:36 PM

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Wednesday, July 07, 2010

lawyerschile Wal-Mart Spares No Expense Fighting Trampling Case OSHA Fine

Wal-Mart Spares No Expense Fighting Trampling Case OSHA Fine

WM The pride of Bentonville, Ark., is taking "It's not the money, it's the principle" to impressive heights. The New York Times reported last night on Wal-Mart's crusade to avoid payment of a $7,000 fine imposed by the Occupational Safety and Health Administration arising out of a deadly stampede at a Valley Stream, N.Y., store on Black Friday in 2008.

By the NYT's account, Wal-Mart has spent over $2 million in legal fees fighting the fine ... [MORE]

Sphere: Related Content

Posted by Eric Lipman on July 7, 2010 at 10:07 AM

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lawyerschile Wal-Mart Spares No Expense Fighting Trampling Case OSHA Fine

Wal-Mart Spares No Expense Fighting Trampling Case OSHA Fine

WM The pride of Bentonville, Ark., is taking "It's not the money, it's the principle" to impressive heights. The New York Times reported last night on Wal-Mart's crusade to avoid payment of a $7,000 fine imposed by the Occupational Safety and Health Administration arising out of a deadly stampede at a Valley Stream, N.Y., store on Black Friday in 2008.

By the NYT's account, Wal-Mart has spent over $2 million in legal fees fighting the fine ... [MORE]

Sphere: Related Content

Posted by Eric Lipman on July 7, 2010 at 10:07 AM

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lawyerschile: That Didn't Take Long: Plaintiffs Challenge New Chicago Handgun Law

That Didn't Take Long: Plaintiffs Challenge New Chicago Handgun Law

Gun Last Friday, just days after the U.S. Supreme Court's decision in McDonald v. Chicago, the city, anticipating that the ruling was the death knell for Chicago's restrictive handgun ordinance, enacted a new ordinance that, while still strict, was less akin to an "outright ban" on gun possession.

Apparently, plaintiffs were ready for that move as well. Yesterday, a suit was filed (.pdf) in federal district court in Chicago, challenging the new law ... [MORE]

Sphere: Related Content

Posted by Eric Lipman on July 7, 2010 at 10:29 AM

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lawyerschile: That Didn't Take Long: Plaintiffs Challenge New Chicago Handgun Law

That Didn't Take Long: Plaintiffs Challenge New Chicago Handgun Law

Gun Last Friday, just days after the U.S. Supreme Court's decision in McDonald v. Chicago, the city, anticipating that the ruling was the death knell for Chicago's restrictive handgun ordinance, enacted a new ordinance that, while still strict, was less akin to an "outright ban" on gun possession.

Apparently, plaintiffs were ready for that move as well. Yesterday, a suit was filed (.pdf) in federal district court in Chicago, challenging the new law ... [MORE]

Sphere: Related Content

Posted by Eric Lipman on July 7, 2010 at 10:29 AM

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Lawyerschile:Oh No Yoo Didn't: Yoo-Hoo Latest Target for Apparently Illiterate Plaintiffs

Oh No Yoo Didn't: Yoo-Hoo Latest Target for Apparently Illiterate Plaintiffs

YH I have lots of fond memories of my childhood. And some that have undoubtedly scarred me for life. But if there's a beverage that can instantly bring to mind happy times, it's that delicious thin chocolatey water called Yoo-Hoo.

I used to be a huge fan. In the early '80s. But I haven't had one in many many years. Mostly because I learned to read a list of ingredients.

Timothy Dahl, of Brooklyn, N.Y., though, is suing the makers of Yoo-Hoo for false advertising, based on claims that the drink is "good for you." ... [MORE]

Sphere: Related Content

Posted by Eric Lipman on July 7, 2010 at 11:46 AM |

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Lawyerschile:Oh No Yoo Didn't: Yoo-Hoo Latest Target for Apparently Illiterate Plaintiffs

Oh No Yoo Didn't: Yoo-Hoo Latest Target for Apparently Illiterate Plaintiffs

YH I have lots of fond memories of my childhood. And some that have undoubtedly scarred me for life. But if there's a beverage that can instantly bring to mind happy times, it's that delicious thin chocolatey water called Yoo-Hoo.

I used to be a huge fan. In the early '80s. But I haven't had one in many many years. Mostly because I learned to read a list of ingredients.

Timothy Dahl, of Brooklyn, N.Y., though, is suing the makers of Yoo-Hoo for false advertising, based on claims that the drink is "good for you." ... [MORE]

Sphere: Related Content

Posted by Eric Lipman on July 7, 2010 at 11:46 AM |

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Poll to Watch: Law Profs' Favorite TV Show


Poll to Watch: Law Profs' Favorite TV Show

TV At PrawfsBlawg (which hurts a little to type), Eric Johnson has begun accepting "nominations" for a poll to be administered to law professors, which will -- "scientifically," he says -- determine their all-time favorite television show.

It seems there are no restrictions; it's a free-for-all to suggest the choices to be presented to poll respondents in the comments. So far, the pickings are slim, and, I hope, largely facetious ... [MORE]

Sphere: Related Content

Posted by Eric Lipman on July 7, 2010 at 12:59 PM

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Poll to Watch: Law Profs' Favorite TV Show


Poll to Watch: Law Profs' Favorite TV Show

TV At PrawfsBlawg (which hurts a little to type), Eric Johnson has begun accepting "nominations" for a poll to be administered to law professors, which will -- "scientifically," he says -- determine their all-time favorite television show.

It seems there are no restrictions; it's a free-for-all to suggest the choices to be presented to poll respondents in the comments. So far, the pickings are slim, and, I hope, largely facetious ... [MORE]

Sphere: Related Content

Posted by Eric Lipman on July 7, 2010 at 12:59 PM

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Poll to Watch: Law Profs' Favorite TV Show


Poll to Watch: Law Profs' Favorite TV Show

TV At PrawfsBlawg (which hurts a little to type), Eric Johnson has begun accepting "nominations" for a poll to be administered to law professors, which will -- "scientifically," he says -- determine their all-time favorite television show.

It seems there are no restrictions; it's a free-for-all to suggest the choices to be presented to poll respondents in the comments. So far, the pickings are slim, and, I hope, largely facetious ... [MORE]

Sphere: Related Content

Posted by Eric Lipman on July 7, 2010 at 12:59 PM

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Thursday, July 01, 2010

lawyerschile: Las Vegas Bankruptcy Lawyer Misunderstands Role

Las Vegas Bankruptcy Lawyer Misunderstands Role

Cash What is it about bankruptcy lawyers that makes them want to take money from clients and then cease practicing? Last month, we told you about a lawyer in Wisconsin who was disbarred based on complaints from 10 clients who paid him a retainer only to have him essentially drop off the face of the Earth.

It seems an attorney in Las Vegas has pulled something similar, on an even grander scale. According to the Wild, Wild Law blog and the Las Vegas Review-Journal, Jorge Sanchez has filed 669 cases in bankruptcy court since August 2008. He remains listed as counsel of record on at least 400 of them, but nevertheless decided to "abruptly shut down his office."

Perhaps that's because he has admitted that, despite accepting retainers of between $1,500 and $2,500 from each of his clients, he's flat broke, and can't refund any of that money. Wait, how much cash did this guy steal and blow? WWL has done the math for you:

Let's see: 669 * ($1,500 + $2,500)/2 = $1,338,000.

Impressive, Jorge. Unlike Scott Fisher in Wisconsin, though, it appears Sanchez wasn't even smart enough to flee the country. Rather, he hired a lawyer, and consented to his license being suspended. Hope his lawyer got paid in advance ...

Posted by Eric Lipman on July 1, 2010 at 02:19 PM

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Tuesday, June 29, 2010

Unreasonably Dangerous? Introducing the 'World's First Practical Jetpack'

Unreasonably Dangerous? Introducing the 'World's First Practical Jetpack'

Today I learned about a new product on the market that I am adding to my wish list. The Martin Jetpack, touted as the "World's First Practical Jetpack," promises to launch you to your next destination at speeds of up to 63 mph. Already I envision strapping this 535-pound baby on my back and heading due east along the Potomac River into D.C., while people stacked up in traffic on the parallel George Washington Parkway see me rocket by and say, "What the &$#@ was that??!!"

Check out the video below of one of my fellow jetpackers ... [MORE]

Sphere: Related Content

Posted by Bruce Carton on June 28, 2010

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Monday's Three Burning Legal Questions


Monday's Three Burning Legal Questions

Here are today's three burning legal questions, along with the answers provided by the blogosphere.

1) Question: A mall Rent-a-Cop is trying to detain me for shoplifting even though I just explained that I am a freelance reporter and I was stealing the item for an assignment I'm doing "on the side." Isn't this covered by the First Amendment or something? ... [MORE]

Sphere: Related Content

Posted by Bruce Carton on June 28, 2010

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Monday, June 28, 2010

BIOCOMBUSTIBLES BIOFUELS DIGEST


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Top Story

GrasstopiaCan USDA's Grasstopia plan succeed?

Analysts find holes to plug in the USDA Regional Roadmap for reaching RFS targets by 2022; where are algae, drop-in fuels, biobutanol, industry asks.


A few days have now passed since the USDA released its "Regional Roadmap," outlining a plan to meet the biofuels goals in the Renewable Fuels Standard by 2022.

Industry reaction has been, to date, tepid.

First of all - the good news, which is to say generally positive reaction to the idea that the USDA has undertaken a more detailed study of the target at all.

A general criticism is that the plan's weakness is that it could have been written in 2007, given that it focuses almost exclusively on cellulosic ethanol from energy grasses. Algae as a feedstock, biobutanol or drop-in fuels as products, were left out of the targets - though more than 50 percent of planned advanced biofuels production is in these forms.

Is there a disconnect - or does USDA have it generally right? More analysis of the tonnage per acre, proposed bioenergy size, and the economics of all the infrastructure for all the ethanol, at biofuelsdigest.com.

 Arcadis

Arcadis - Permits, Planning and Resource Studies
Or contact frederick.sellars@arcadis-us.com directly for more information.
Producer News

In Colorado, OPX Biotechnologies was recognized as one of 50 Colorado Companies to Watch by the Colorado Office of Economic Development and International Trade in partnership with the Edward Lowe Foundation.

In Washington, a report in the Financial Times predicted that DSM will launch a new family of cellulosic ethanol enzymes at the 2010 BIO convention in DC.

In Montana, Rivertop Renewables, a Montana-based renewable chemicals company, today announced that former Cargill Dow and Segetis CEO Jim Stoppert  will become chief exec.
Strategic Fit
Opinion

Dan Mitchell, in Daily Bread: "Sure, the oil leak has made things a lot worse. But calling corn ethanol a superior alternative is like saying it's better to chew tobacco than it is to smoke cigarettes-marginally true, but beside the point, and disingenuous in the extreme."

Senator Charles Grassley of Iowa: "I'm going around EPA [on E15] and going to the President. Actions speaker louder than words and the actions have been deathly silent."
Microbiology
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In Denmark, Novozymes outlines the benefits of co-location and symbiosis in "Using Synergies to Save: Cellulosic Ethanol & Power Plant Co-Location," a special contribution to today's Digest. "Co-location of a cellulosic ethanol facility and a coal-fired power plant is one strategy that holds promise," writes Frances Williams of the Danish enzyme giant's staff. "Joining these industries in the same location can result in significant economic and environmental benefits for both, in the form of feedstock sharing, cost savings, and regulatory compliance."

In Thailand
, PTT announced a plan to increase E85 availability from four to 15 stations by 2012, and also said that the petroleum distribution giant is examining three feasibility of expanding the availability of E20.

In Geneva, Mercuria Energy Trading, one of the world's five largest independent energy traders, announced on June 14th successful signing of its US$1.2 billion financing facility.
Research News

In Washington, a report released by Chemical Abstracts Service (CAS) indicates second-generation bioethanol research increased nearly 600 percent during the previous 10 years.
Policy and Policymakers

In California, a grant of $ 4 million from the California Energy Commission will help to make the low-carbon, domestically-produced, ethanol-based fuel E-85 available to more Californians. To build 75 publicly accessible E-85 dispensers throughout the state, The state is joining with Propel Fuels, the East Bay Clean Cities Coalition; CALSTART, and the Local Conservation Corps of California.
Consumer, Fleet, Event News

In California, the DVD version of the Sundance Award winning documentary, FUEL, has been released, and FUEL will screen for the first time in New Orleans followed by a community conversation on solutions to the oil spill at the Theatres at Canal Place
Advanced Biofuels Tracking Database and 100+ Free Downloads

Exclusive to Digest subscribers - and free. 100+ downloads.

1. Advanced Biofuels Tracking Database - download your free copy, tracking 65+ pilot, demo and commercial projects.
2. Biofuels Investments details 81 investments made in 2009 by biofuels companies or in the biofuels sector, totaling $8.737 billion in 18 countries.
3. Biofuels Jobs
details a series of studies outling the impact of biofuels on the green jobs economy.
Financial News

The Biofuels Digest Index™ (BDI), a basket of public biofuels stocks, fell 0.25 percent to 59.89 on enzyme declines and more losses on BP.   For the day, Archer Daniels Midland (ADM) dropped 0.45 percent to $26.34, while BP lost 5.98 percent to close at $27.02.  Among smaller caps, Codexis (CDXS) dropped 10.71 percent to $9.00. Overall, declines led advances 11 to 10 for the day.
Camelina Aviation Biofuels Study

Camelina report1 billion gallons of Camelina biofuel are projected to be produced for the aviation and biodiesel sectors by 2025, creating 25,000 new jobs; producing over $5.5 billion in new revenues and $3.5 billion in new agricultural income for U.S. and Canadian farmers.  The projections are contained in "Camelina Aviation Biofuels Market Opportunity and Renewable Energy Strategy Report," released today by Biomass Advisors, the research division of Biofuels Digest.

"Camelina Aviation Biofuels Market Opportunity and Renewable Energy Strategy Report," is 116 pages, and includes more than 60 figures, tables and charts, along with regional crop forecast maps for visualizing business opportunities and planning infrastructure needs.  The report is available for a purchase price of $695.  More information here.
Hot Topics from Past Issues

The 50 Hottest Companies in Bioenergy: 2009-10: the complete list

Obama reorganizes
US biofuels policy, leadership, rules.
$564 million for 19 integrated biorefinery projects
:pilot, demonstration, and commercial scale facilities
The National Energy Solution: an inquiry into values:
Download a free introductory chapter of the new book from Biofuels Digest.
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These stories and more are available at BiofuelsDigest.com. Your comments and story requests are warmly welcome: email me at jlane@biofuelsdigest.com.

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Disclosure: I do not own any renewable energy securities; no payments or compensation of any kind is received in return for placing articles or favorable opinion in the Digest - Jim Lane, Editor and Publisher, Biofuels Digest.
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