Was it Lawful for Darth Vader to Squeeze Lothal for the Rebels?

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July 6, 2015

Darth Vader does not lack imagination when it comes to targeting civilians and killing Imperial Ministers in order to crash a Rebellion. Were his actions in the Star Wars Rebels season two premier legal?

Lord Vader took the following actions to entrap the Rebels:

Used Minster Tua as bait;

Killed Minster Tua in a shuttle rigged with explosives;

Raided and arrested refugees in Tarkin-town; and

Placed a tracking device on a shuttle to follow the Rebels back to their Fleet.

Law enforcement cannot willfully use murder of suspected traitors as a means to entrap criminal suspects. While Minster TUA had planned to defect to the Rebellion given the threat on her life, killing her without a trial would violate the Fourth Amendment, Seventh Amendment, and Eighth Amendment on Earth (warrant for arrest, right to a speedy trial, and prohibition against cruel and usual punishment). Minster Tua was denied the right to defend herself in court, the right to counsel, a trial by her peers, and executed by explosives without any form of due process.

The Empire clearly views civil rights as an impediment to effective law enforcement. The State certainly has the right to set sting operations to capture criminals, however this does not permit the intention killing of individuals to carry out the arrest of others.

Darth Vader ordered the arrest of refugees in Tarkin-town in order to draw out the Rebels. There are precedents for squatters in public lands being arrested, such as the US Army routing the March of the Bonus Army or police in San Jose clearing out the homeless living in Shanty Towns on public areas. However, these actions are normally taken out of concern for public welfare after reports of high crime or safety concerns. Such police actions are often not taken well by the public, can be viewed as cruel, or in the case of President Herbert Hoover, cost him the 1932 Presidential Election after ordering General MacArthur to use the Army on World War 1 Army veterans. No one wins re-election when there is marshal law and fires burning in the Washington, DC.

Governments have a duty to protect its citizens from public and private nuisances that can originate from Shanty Towns such as Tarkin-town. The Supreme Court of Pennsylvania found that the mayor of Philadelphia was justified in ordering the destruction of a “Shanty Town” that was (1) composed wholly of highly combustible materials, (2) insufficiently provided with chimneys or protected against fire, (3) occupied as a bar-room, (4) the resort of disorderly persons, and (5) located so close to governmental buildings as to imperil them. Fields v. Stokley (1882) 99 Pa. 306, 309.

Vader made MacArthur look like a sissy in the Imperial attack on Tarkin-town. There was no evidence that the refugees in Tarkin-town were squatting on public lands or a danger to public safety with the construction of the village. They might have violated zoning requirements if they were within a city, but Tarkin-town appeared well removed from Capital City on Lothal. Furthermore, the refugees did not appear to pose the public health hazard that would come from living in a Hooverville.

Even if there were public health and safety violations, enforcing those laws with Imperial Storm Troopers, possible airstrikes by Tie Fights, mass arrests, imprisonment in labor camps, or sending refugees to the Spice Mines of Kessel, would be grossly excessive force. What was their crime, not dying in the first place?

The Empire’s Doctrine of Fear takes “laws with teeth” to a new level. Moreover, Darth Vader claimed at the end of Revenge of the Sith that he had “brought peace, freedom, justice, and security to my new Empire.” Executions without trials and military attacks on citizens are a very unique view of “peace, freedom, and justice.” Such extreme uses of force would justify in the words of Thomas Jefferson, “That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.” A Rebellion is not just very logical result of such tyranny, but the Doctrine of Fear would cause mass recruiting for the Rebellion.

Let’s just hope Ahsoka Tano does not die horribly fighting Darth Vader this season.

We’re Going to San Diego Comic Con to Discuss Star Wars Law!

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Josh Gilliland

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June 28, 2015

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July 12 marks the third anniversary of The Legal Geeks. We are celebrating with our FIRST San Diego Comic Con appearance. We are presenting Tatoonine Law: The law of Star Wars on July 9 at 730 PM in room 26AB with US Magistrate Judge Paul Grewal.

Are you curious about the ownership history of R2D2 and C3PO? What are the rights of a clone? Can a Medical Droid can commit malpractice? Then go to San Diego with us and learn the ways of the law.

No Mining Rights on Lothal

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Josh Gilliland

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January 20, 2015

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Let’s face it, no one is as smooth talking with the ladies as Lando Calrissian. Despite Lando’s ability to impress a woman with, “You truly belong here with us among the clouds,” Lando’s sweet talk is not enough charm to the Empire into permitting mining rights on private property on Lothal.

Mining (on Earth) is a regulated activity, even on private property. There is substantial legislation about applying for permits to mine on public land or how to establish a claim.

On Lothal, the Empire continues to endear itself to the population by prohibiting mining on private property. In the United States, mining on private property (that is supposed to be a mine) does require permits in virtually every state. Moreover, the regulation of mining activities, such as requiring a permit, is not a “taking” of private property under the Fifth Amendment. M & J Coal Co. v United States, 47 F3d 1148, 1149 [Fed Cir 1995].

Why does the government regulate mining on private property? Health and public safety are obvious concerns. Neighbors are not thrilled when potentially hazardous materials become airborne and land on surrounding private property. Moreover, no one wants their neighbor blasting a new mine in a residential neighborhood on the argument, “It’s my property, I do what I want with TNT.”

Lothal provides a very different case study where the Empire has outright prohibited all mining on private property. If there had been existing mines that were prohibited from operation, suspending those pre-existing mining rights would be a “taking” of private property in the United States. Those miners should have been entitled to just compensation for their lost property rights. However, filing any such claims likely would have been treason, resulting in the property owner being sent to the Spice Mines of Kessel.

That being said, let’s not forget the important thing: We got to hear Billy Dee Williams voice Lando Calrissian. You old space pirate, it was good to see you.

2014: The Year of the Geek

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Josh Gilliland

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January 12, 2015

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We live in an age of miracles: 2014 was a fantastic time to be a geek. Jess and I sat down with some of our great friends to discuss Scandal, the Marvel Cinematic Universe, the best action scenes from 2014, and Star Wars Rebels.

Join us as we visit with Vivian O’Barski from The Learned Fangirl, Political Consultant and Novelist Gerry O’Brien, Jessica Bennett, stunt woman, actor, and educator, and Judge Judge Matthew Sciarrino, on all things geek in 2014.

Lawyers and Judges Geeking Out Over Star Wars The Force Awakens

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Josh Gilliland

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November 30, 2014

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There has been an awakening. Have you felt it?

The answer is YES. Judge Matthew Sciarrino joined Jessica and I to discuss the teaser trailer for Star Wars The Force Awakens. If you remember IOU’s for Star Wars toys and have already requested December 19, 2015 off from work, then you will enjoy what Judge Sciarrino has to say about the new Star Wars teaser trailer.

On the Wings of Tie Fighters and Eminent Domain

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Josh Gilliland

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November 6, 2014

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The Star Wars Rebels episode “Fighter Flight” touched on two important legal issues: Eminent Domain and Reckless Flying. Let’s explore each.

We Are No Longer Interested in Buying Your Farm

The Empire demanded a farmer sell his property to the Empire. The amount for the property is never disclosed. After refusing the Empire’s offer to buy the farm, the Empire destroyed the farmer’s house with an armed transport. The farmer and his family were then arrested for their failure to sell their property to the Empire.

In the United States, when the government takes private property for public use it is called “Eminent Domain.” The government “may acquire and hold real property in any state, whenever such property is needed for use of government in execution of any of its powers, and when it cannot be acquired by voluntary arrangement with owners, it may be taken in exercise of power of eminent domain.” Van Brocklin v Tennessee (1886) 117 US 151.

The Fifth Amendment to the United States Constitution is intended to limit the power of the United States in taking property from its citizens for public use. United States v Lee (1882) 106 US 196, (superseded by statute as stated in Block v North Dakota (1983) 461 US 273).

The Fifth Amendment to the United States Constitution requires that the government cannot take private property for public use without “just compensation” to the property owners.

In the case of the Empire, if a farmer refuses to sell his farm, he is charged with treason and arrested. These actions are more in line with Stalin’s Soviet Union than a Republic.

Let’s Go Fly a Tie

Zeb and Ezra stole a Tie Fighter while resisting arrest for attempting to steal fruit from the Empire. Zeb’s initial flight in the Tie Fighter included a low speed buzzing of a farmer’s market in a street fair, complete with firing the ship’s cannons at a fruit stand, resulting in its destruction.

On Earth, and in the United States specifically, flying aircraft is a highly regulated activity, requiring licensing, controlled airspace, and minimum altitude requirements.

States such as Wisconsin have specific laws prohibiting reckless flying:

No person may operate an aircraft in the air or on the ground or water in a careless or reckless manner so as to endanger the life or property of another. In determining whether the operation was careless or reckless the court shall consider the standards for safe operation of aircraft prescribed by federal statutes or regulations governing aeronautics.

Wis. Stat. § 114.09.

In-flight activities that can endanger the lives of others include:

Any person who ‘buzzes’, dives on, or flies in close proximity to a farm, home, any structure, vehicle, vessel, or group of persons on the ground.

A pilot who engages in careless or reckless flying and who does not own the aircraft which he is flying unduly endangers the aircraft, the property of another.

The operation of aircraft at an insufficient altitude endangers persons or property on the surface or passengers within the aircraft. Such flight may also constitute a violation of 60.107.

Acrobatic Flight. No person shall engage in acrobatic flight:

Below an altitude of 1,500 feet above the surface.

Minimum Safe Altitudes. Except when necessary for take off or landing, no person shall operate an aircraft below the following altitudes:

Anywhere. An altitude which will permit, in the event of the failure of a power unit, an emergency landing without undue hazard to persons or property on the surface.

Globe Indem. Co. v. Hansen, 231 F.2d 895, 904 (8th Cir. Minn.1956).

Zeb’s flight down the street would technically be “buzzing” near structures (the buildings) and people on the ground (the merchant farmers). Moreover, as the Tie Fighter was the property of the Empire, this would be hijacking and endangering the aircraft in flight. Furthermore, the low altitude flight endangered people on the ground, specifically those near structures hit by the Tie Fighter, or those threatened by weapons fire.

The Empire has a totalitarian judicial system where any crime seems to be treason punishable by death. As such, while Zeb did commit a crime, the Empire is not exactly a model society predicated on freedom with proportional punishment.

TieFighterSpace_1 — *Tie Fighter Photo by Judge Matthew Sciarrino from his collection.*

Star Wars Rebels: A New Legal System

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Josh Gilliland

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October 4, 2014

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Star Wars Rebels is a fantastic feeling of stepping back into Star Wars in 1977. Hats off for creating the same feeling of awe in discovering the Force, the view of a Tie Fighter Pilot in the cockpit, and Storm Troopers missing at point blank range. We even have Ezra yell, “It’s a trap!” Well done.

Rebels is an excellent look at the laws of the Empire.

Sure, the Imperials have a great sense of fashion, but it is a nightmarish legal system.

In the opening minutes of “Spark of the Rebellion,” we see a merchant farmer harassed by Imperial officers, because “all trade must be registered with the Empire.”

After being knocked to the ground, with an inspection officer eating some of the farmer’s fruit, the merchant is charged with treason.

A government has a very strong interest in regulating sales of food to ensure it is fit for human consumption and proper sales licenses. However, charging someone with treason for not filling out forms for street sales of fruit is nightmarish. At best this should be a county fine, not a firing squad by a militarized Department of Agriculture.

Our Rebel heroes stole blasters and other items from the Empire. This act would not just be grand theft, violate a ton of gun-related laws, but also terrorism in arming the residents of Tarken Town (who likely had they property taken in Eminent Domain proceedings without just compensation). However, the entire heist provides a huge look into the Empire’s law enforcement procedures.

The Empire does not use a police force, but its military to conduct law enforcement. While the Rebels did steal the crates from Storm Troopers, the responses to the theft was ordering an air strike to end a high speed chase. By way of comparison, police helicopters are not armed with air-to-surface missiles to fire on anyone fleeing from a crime scene.

We also learn the “Kessel Mines” are slave labor camps for political prisoners of the Empire. The fact there are slave labor camps for “traitors” makes the Empire sound a lot like Nazi Germany, the Soviet Union, and every other totalitarian country. It is likely the Wookiees sent to Kessel were not tried for their “crimes” and merely sentenced administratively by the arresting officer (perhaps for indecent exposure). The Empire is a government without any sense of due process, because if there was, any good lawyer would defend those Wookiees with the Chewbacca Defense.