May the 4th Be With You!

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May 4, 2016

It’s time to geek out for Star Wars Day. Attorneys Jessica Mederson, Megan Hitchcock, Roger Quiles explore the following legal issues in Star Wars:

Did Kylo Ren commit desecration of a corpse in displaying Darth Vader’s helmet in a shrine? Would it matter if Anankin Skywalkers body became one with the Force?

Can Rey be the legal owner of Luke’s original light saber?

What would be the punishment on Earth for Jyn Erso crimes of Forgery of Imperial documents; Possession of Stolen property; Aggravated assault; Resisting Arrest?

Megan also shares her stores from running in the Star Wars Half Marathon Race to the Dark Side at Disney World. Check out the medals Megan took home from Orlando.

Who Owns the Millennium Falcon?

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Brad Blanchard

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April 4, 2016

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In The Force Awakens, the Millennium Falcon starts out in the hands of Unkar Plutt, who stole it from the Irving Boys, who stole it from Gannis Ducain, who stole it from Han Solo, who originally got it from Lando Calrissian.

Rey and Finn steal it from Unkar, and lose it to Han Solo who *Spoiler* then dies. At the end of the movie Rey and Chewie are flying it. So, who does the Millennium Falcon actually belong too?

Because our understanding of the laws of property under the Empire, New Republic, and First Order are so lacking, for the sake of this analysis we’ll assume that U.S. law applies.

The Millennium Falcon makes a brief appearance in Revenge of the Sith, but we don’t know who owns it at that point. In the absence of any evidence to the contrary we’ll assume Lando Calrissian is the first lawful owner of the Millennium Falcon. At one point he engaged in a “game of chance”, defined as “poker, craps, roulette, or other game in which a player gives anything of value in the hope of gain, the outcome of which is determined largely by chance….” (Ohio Revised Code.2915.01) (Hereafter O.R.C). He lost that game of chance, in this case Sabaac, and ownership passed to Han Solo. Or did it?

If the game was not lawfully sanctioned, it would be an illegal debt that is unenforceable under U.S. common law so the Millennium Falcon would still belong to Lando Calrissian. Hence, the comment, “What have you done to my ship?”

If the game was legally sanctioned and the Millennium Falcon was used as payment, or partial payment, for a debt lawfully owed, then ownership would pass to Han Solo. (O.R.C. 2915.02 does not prohibit conduct in connection with gambling expressly permitted by law.) Thus the rejoinder by Han Solo to the above comment, “Your ship? Hey, remember you lost her to me, fair and square” asserting that ownership had passed to him.

The Millennium Falcon is considered personal property. For most personal property ownership is often determined by possession, even if the ownership, possession or interest is unlawful. (O.R.C. 2913.01) Because of this Han Solo either has an ultimate claim to the Falcon, having received it as a payment for a lawful debt, or can claim a superior interest second only to that of Lando Calrissian, since his possession is only one step removed from the lawful owner.

The Millennium Falcon is later stolen from Han Solo by Ducain. This allows Ducain to exert a possessory interest over the Millennium Falcon, even though his claim was unlawful.

And it was stolen from Ducain by the Irving Boys, who could then claim a possessory interest over the Millennium Falcon, even though their claim was unlawful.

And it was stolen from them by Unkar Plutt, who could also exert a possessory interest over the Millennium Falcon even though his claim was unlawful.

And it was stolen from Unkar by Rey and Finn, who could also claim a possessory interest over the Millennium Falcon even though their claim was unlawful as well.

According to the common law to determine the superior claim you simply work your way back up the chain. So Rey & Finn had a superior interest to everyone but Unkar’s, the Irving boys, Ducain, and Han Solo. Unkar’s interest trumps Rey & Finns. The Irving Boys have an interest that trumps Unkar’s. Ducains’ interest trumps the Irving Boys. And Han Solo has a superior claim to them all. And he then messes things up by dying. So now who owns the Millennium Falcon?

Well, assuming Han Solo died without a will, which seems pretty likely, who owns it will be determined by the laws of intestacy. Han Solo was married to Leia Organa. They were separated, but don’t seem to have made it a formal separation as recognized by the law. They had at least one child (Ben/Kylo Ren) but, as far as we know, neither of them had any children outside of the marriage. As a result, where there is a marriage and all the children are born of that marriage then the whole goes to the surviving spouse. (O.R.C. 2105.06.) So even though Rey may be flying the ship, Leia inherited all rights to the Millennium Falcon and it ultimately belongs to her… assuming Han won it in a lawful game of Sabaac…but he was a great swindler and never one for the rules, so it’s entirely possible it still belongs to Lando.

Supreme Legal Geeks

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Josh Gilliland

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March 17, 2016

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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

By

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.