Supreme Legal Geeks

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March 17, 2016

Justice Elena Kagan continues to proudly fly the geek flag in her recent dissent in Lockhart v. United States. It is a safe bet that the late Justice Scalia would have been proud of for Justice Kagan’s analysis of statutory sentence structure.

Justice Kagan stated in dissent:

Imagine a friend told you that she hoped to meet “an actor, director, or producer involved with the new Star Wars movie.” You would know immediately that she wanted to meet an actor from the Star Wars cast—not an actor in, for example, the latest Zoolander. Suppose a real estate agent promised to find a client “a house, condo, or apartment in New York.” Wouldn’t the potential buyer be annoyed if the agent sent him information about condos in Maryland or California? And consider a law imposing a penalty for the “violation of any statute, rule, or regulation relating to insider trading.” Surely a person would have cause to protest if punished under that provision for violating a traffic statute. The reason in all three cases is the same: Everyone understands that the modifying phrase—“involved with the new Star Wars movie,” “in New York,” “relating to insider trading”—applies to each term in the preceding list, not just the last.

Lockhart v. United States (2016) ___U.S.___ [136 S.Ct. 958, ___L.Ed.2d___].

Justice Kagan succinctly summed up the issue in one sentence: That ordinary understanding of how English works, in speech and writing alike, should decide this case. Id.

It is refreshing to see a Supreme Court Justice who can make a point on common sense sentence construction while invoking both Star Wars and Zoolander.

Justice Kagan is the current legal geek on the Supreme Court. Time will tell if Judge Merrick Garland will be asked in Senate hearings on Han Solo’s Legal Justification to Shoot First, how the needs of the many outweigh the needs of the few, or if worthiness creates a revocable ownership interest in Thor’s Hammer.

The Dark Side Made Me Do It

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Josh Gilliland

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January 28, 2016

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Could Anakin Skywalker argue the insanity defense for the decades he spent as an agent of evil? Could Anakin claim he was legally insane while following the Dark Side, thus not guilty for crimes ranging from murdering Younglings to blowing up Alderaan?

Anakin Skywalker could not Chewbacca Defense himself out of the billions of people he helped kill. A trial of Darth Vader would have a body count near impossible to determine, given it would include every act of evil from cutting off Mace Windu’s arm (and the Emperor killing the Jedi Master); to butchering Tusken Raiders between Episodes IV and V on Tatooine (See Marvel’s Star Wars Darth Vader comic); murdering Captain Raymus Antilles with his bare hands; ordering the deaths of the crew of the Tentive IV, Force killing Captain Lorth Needa and Admiral Kendal Ozzel when court martials were in order; and many other acts done in the name of “The Doctrine of Fear.”

Darth Vader would not be absolved of criminal responsibility just because Govenor Tarkin gave the order to destroy Alderaan. The “I was just there” or “I was just following orders” did not work at Nuremberg war crimes trials and would not be a defense for blowing up a planet. Vader was an active participant in the Empire’s plans for galactic domination, thus would be viewed as being part of the “inner circle” for the crimes of the Empire.

The Insanity Defense is an affirmative defense where Anakin would need to prove by clear and convincing evidence that “as a result of a severe mental disease or defect, was unable to appreciate the nature and quality or the wrongfulness of his acts.” 18 USCS § 17.

Emperor Palpatine spent decades manipulating Anakin Skywalker’s ultimate fall to the Dark Side. These acts included preying on Anakin’s fears of his wife dying and a promise that Palpatine could save Padme from death. All of Anakin’s actions do not appear to be because of a mental disease, but being gullible. Anakin was promised that he could save Padme, which was the reason Anakin Skywalker marched on the Jedi Temple to murder children.

Every death Anakin committed as Darth Vader was a choice. It was not done because the “Dark Side” made him do it, but because he decided to kill others in the name of “Peace, Freedom, and Justice.” While there is no question Anakin was manipulated into becoming Darth Vader, it was a choice Anakin made for himself. Just as it was a choice Darth Vader made to save Luke Skywalker and throw Emperor Palpatine down the Death Star’s reactor shaft in Return of the Jedi.

As much as Anakin could whine that it was Emperor Palpatine’s undue influence that made him turn to the Dark Side, Anakin Skywalker could not prove by clear and convincing evidence he was legally insane during the decades he murdered those in his path after a failed attempt to save his wife Padme.

From San Diego Comic Con to Star Wars: Our 2015 Year in Review

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Josh Gilliland

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January 1, 2016

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Our 2015 was awesome. We attended San Diego Comic Con, were nominated for a Geekie Award, and geeked out to Star Wars The Force Awakens.

Check out our 2015 Year in Review, where Jessica and I share our top 5 geek moments from a fantastic year.

What If Ewoks Were Hunted for their Pelts?

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Josh Gilliland

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December 30, 2015

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Yub Nub. Ewoks are tool-welding primates that took down Imperial AT-ST Walkers and Storm Troopers with rocks, logs, and cuteness. Ewoks lived in tree villages and prepared tramps for creatures taller than Ewoks, such as human beings. Let’s not forget Ewoks were very ready to have a Rebel BBQ of Han, Luke, and Chewbacca. It is also highly possible Ewoks ate the Imperials they captured at the end of Return of the Jedi.

How would galactic society respond if humans started wearing Ewok fur? Ewoks likely would make excellent slippers for the citizens of Coruscant. People on Hoth would pay top credits for Ewok fur coats. Parents on Yavin 4 would take photos of Younglings on Ewok skin rugs (likely causing the child to turn to the Dark Side after images were shown to a prospective boyfriend or girlfriend).

There are many arguments Ewoks are a sentient species, because they have a language, established a faith system, use tools, wore skins as limited clothing, achieved non-powered flight for combat, and live in a functioning social order in a highly engineered tree village. This should be enough for anthropologists and the Republic to view Ewoks as a young pre-industrial species, despite no signs of a written language. Ewoks were nowhere near as sophisticated as Wookiees with space flight, but developmentally above Wampa.

Former Imperial worlds likely would see Ewoks as feral vermin who may or may not have eaten a family member. Ewoks contributed to the deaths of every Imperial on the second Death Star, easily over a million people. Assuming the Imperial Navy did not fire bomb Endor for revenge, the Knights of Ren establishing a fur trading company on the moon after retrieving the helmet of Darth Vader, would be evil retribution for the Empire’s defeat.

If Ewok fur became a profitable inter-planetary trade, the Republic and Resistance would put a stop to interstellar Ewok poaching. Ewoks would be deemed a “protected species,” because their poaching would generate illegal funds to fill the economic void created by the destruction of the second Death Star. This “Darth Market” enacting a Doctrine of Fur would fuel instability with criminal enterprises designed to trap Ewoks, with now out of work Imperial construction workers turning to poaching to make ends meet.

Starkiller Base could have been funded by illegal Ewok fur trading. The planet was big enough for the First Order to maintain Ewok pens to supply a galaxy hungry for fur products. Children conscripted as Stormtroopers could have been the labor force in the production of Ewok slippers, shawls, blankets, and capes, only adding the list of war crimes committed by Supreme Leader Snoke’s First Order.

Worlds under Republic control would enact a labeling guide for imported fur products to avoid Ewok pelts entering the market. Just as the United States prohibits cat and dog fur from being imported into the US, the Republic would have similar laws to prevent Ewok mittens being sold illegally.

Impressible young people might try to disrupt interplanetary Ewok harvesting ships by ramming Imperial/New Order vessels in space. These “Ewok Wars” could be a popular reality show on the core network, but would highlight extremely poor stellar-seamanship.

BB-8 Come Home

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Josh Gilliland

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December 21, 2015

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BB-8 in Star Wars The Force Awakens is an endearing droid who rolls right into your heart. In the fine tradition of Lassie Come Home and Benji The Hunted, BB-8 was separated from his owner Poe Dameron, and bravely embarked on an adventure where he made new friends Rey, Finn, Han, and Chewbacca.

The rest of this post contains many spoilers on The Force Awakens, so if you have not seen the movie and want to be surprised, stop reading now.

BB-8 was separated from his owner Poe on Jakku. BB-8 set off into the desert, was captured by a scavenger, and rescued by Rey. BB-8 stayed in Rey’s care and was eventually told by Finn that Poe was killed. BB-8 ultimately learned Poe escaped death and was reunited with his master.

BB-8 effectively acted like a lost dog, who was on a final mission started by his owner. Cases about lost dogs are very helpful in understanding the respective ownership rights to BB-8 prior to his reunification with Poe.

Cities across the United States have code sections on lost dogs. For example, in Lauderdale Lakes, Florida, dog owners shall promptly notify the chief of police with a description of the dog, if their dog is lost, strayed, or stolen. Lauderdale Lakes, Florida Code of Ordinances Sec. 10.33.

It is likely cities across the Republic and First Order had similar ordinances for droids. However, unlike dogs, droids can communicate with “bee boops” that people can understand easier than a collie communicating Timmy fell down a well. Droids can state clearly, “That is my owner,” where one usually has to watch a dog for conduct towards a person (which is not always effective). Even then, nothing can prove dog ownership like having DNA evidence, as in a Katrina case where an owner was able to demonstrate ownership of a lost dog. Augillard v. Madura (Tex.Ct.App. 2008) 257 S.W.3d 494, 501.

Rey was tempted to sell BB-8 for food by Unkar Plutt. Rey knew BB-8 had an owner, but did not know whether he was alive or not at that time. Could Rey have sold BB-8 for food?

Conversion is an “act of dominion wrongfully exerted over another’s property in denial of or inconsistent with the owner’s rights therein.” Lincecum v. Smith (La.Ct.App. 1973) 287 So.2d 625, 627, citing, Hamilton v. Travelers Indemnity Co., (La.Ct.App. 1971) 248 So.2d 617, 618; 89 C.J.S. Trover and Conversion § 1 (1955).

If Rey had sold BB-8, with the knowledge the droid belonged to Poe (even if not by name), she would have committed an act of conversion. In a case where a dog-finder claimed he did not own a dog, but ultimately had the dog put to sleep, the Court held he committed an act of conversion, because the dog-finder exercised “dominion and a right of ownership which he did not legally possess. When he authorized destruction of the puppy there was a complete interference with the owner’s rights, and an obvious conversion.” Lincecum, at *628.

Selling BB-8 would have been “complete interference” with Poe’s ownership rights, which ultimately would have resulted in BB-8’s destruction. Luckily, Rey had a clear moral center and was not bribed into committing an act of conversion for food.

After believing Poe had been killed, Rey and Finn set out to return BB-8 to the Resistance. While the goal was to return BB-8 to the Resistance for the data the droid carried, this arguably could have begun establishing Rey’s ownership of BB-8, if Poe was indeed dead. Case law holds that when a finder of a lost pet who made a reasonable effort to locate the owner, responsibly cares for the animal over a reasonably extensive period of time, then the finder could acquire possession of the lost animal. Morgan v. Kroupa (1997) 167 Vt. 99, 101.

Rey cared for BB-8 over a short period of time (the story had to be only a couple of days at most) and made reasonable efforts to return BB-8 to the Resistance after believing Poe had been killed. If Poe had owned the droid himself and did not have any heirs to inherent BB-8, one could argue Rey had become the owner of BB-8. Poe’s estate would have a valid claim to BB-8, as Rey only had the droid for a short period of time, and the sale of BB-8 could have been used to settle any estate debts. However, since Rey returned BB-8 to the Resistance, thus reuniting BB-8 with Poe, this argument is moot, as the droid was returned to his proper owner. Just like Lassie.

The Star Wars Spoilers Awaken!

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Josh Gilliland

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December 19, 2015

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Spoilers, Spoilers, and MORE Spoilers!

We now live in the post-The Force Awakens world. A world where Star Wars fans are going out of their way to not blow any surprises for those who have yet seen the movie like it is a moral imperative.

Attorneys Jessica Mederson, Roger Quiles, Joshua Gilliland, share their thoughts on the new movie, from the theaters where they experienced The Force Awakens, thoughts on major characters, and theories on where Star Wars will go in Episode VIII and Anthology films. Listen ONLY after watching The Force Awakens, so you can be surprised.

The Law Awakens before The Force Awakens!

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Josh Gilliland

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December 17, 2015

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There has been an awakening. Have you felt it? Between property rights and breach of contract?

Nothing says the holidays like Star Wars! Tune in to hear classic Star Wars legal issues, from Darth Vader on Contracts, whether Medical Droids can commit malpractice, to Obi-Wan’s Defense of Luke Skywalker.