Oh My God I am 40: Reflecting on the Top Geek Events in My Life

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September 17, 2014

I have hit the milestone that always seemed like a far distant future: I turned 40.

While my feelings on my age are very reflective of Admiral Kirk in Wrath of Khan, I have lived in one of the best eras of geekdom EVER.

Being a geek means you appreciate the symbolism from the stories you love. Many of us love to quote films. We know the value of a moment in time. We also know that moments in time can be lost like tears in the rain, but for everyone who is a geek, we know that this, this is our time.

Let’s take a look at what I think are the best geek moments of the last 40 years:

Roll Out of Space Shuttle Enterprise (September 17, 1975)

The Space Shuttle Enterprise at the National Air & Space Museum Annex at Dulles International Airport in 2008.

The Space Shuttle Enterprise was rolled out on my first birthday. This event is a testament to how much people love Star Trek, as it was the fans that inspired NASA to name the test Shuttle Enterprise.

The 747 glide and landing tests of Enterprise paved the way for the first flight of the Columbia in 1981. I had the privilege of seeing the roll out of Columbia, because my father was in charge of the team that installed the tiles.

Rollout of Columbia. — Roll out of Columbia.

Star Wars: A New Hope (1977)

A substantial part of my childhood was spent either watching Star Wars, or running around the backyard with my Y-Wing Fighter, or having light saber fights with my brother. Granted, I was so young when I saw the original Star Wars, I had confused memories in my early years of wondering where I saw a double sunset.

Battlestar Galactica (Debuted on my birthday in 1978)

What better birthday present for a four year old then spaceships and robots fighting?

The original Battlestar Galactica was an outright rejection of detente with the Soviet Union or pacifist leaders. Even the doomed Colonies President looked like Jimmy Carter, whose dovish policies resulted in the near destruction of humanity. Political overtones aside, Donald Bellisario created elements in Battlestar that would later be seen in Quantum Leap.

The 2004 reboot of Battlestar Galactica was not a reflection of Cold War politics, but the War on Terror. Lots of great issues and effectively ends with the opening quote of the original series: “There are those who believe that life here, began out there.”

Superman the Movie (1978)

Richard Donner and Christopher Reeve proved a comic book character could be a colossal box office hit. Without Superman the Movie, there would have been no Spider-Man, Iron Man, Avengers, or Guardians of the Galaxy. Add in a “super” movie score, and the bar was set for super-hero movies in 1978.

Star Blazers (Debuted on my birthday in 1979)

Battleships. In space. With a theme song that said, If we can win the Earth will survive.

Sold.

Star Blazers introduced a lot of “adult” concepts on a children’s TV show. Little things like genocide of the human race through nuclear war.

Captain Avatar’s dying words, as he looked at a picture of his dead son and irradiated Earth through his tears, echoed in my five year old mind for years: “The Earth. I am sorry I will not be here to see you green again. But I have seen you.” [Picture falls to the deck, Doctor comes in the stateroom and salutes his dead Captain.]

Star Wars: Empire Strikes Back (1980)

My mother took me to see Empire on opening day. We sat out on a beach blanket at the now gone Century 21 movie theaters in San Jose waiting hours in line. I can still remember the heat of that day in May 1980. She loved telling the story of how my feet stopped at the edge of the seat and for the length of the film, I did not move or blink. The audience reacting in total horror and shock of Darth Vader saying, “No, I AM YOUR FATHER,” is perhaps one of the most iconic moments in film.

Empire also taught us life does not always have a happy ending. Sometimes, you just survive to live another day.

Superman 2 (1980)

Kneel before Zod! Kneel!

Raiders of the Lost Ark (1981)

We are simply passing through history. This, this is history.

Steven Spielberg and George Lucas brought the classic adventures of the 1930s back in full force, while fighting Nazis, and finding the Ark of the Covenant. Moreover, you are hard pressed to find a living male who did not want to be Indiana Jones.

Star Trek II: The Wrath of Khan (1982)

I remember going home from seeing Wrath of Khan, looking out the car window at the night sky, trying not to cry.

The Wrath of Khan has an impressive list of life lessons, from facing a no-win scenario, the challenge of aging, redemption of parents, and sacrificing yourself to save your friends, because the needs of the many outweigh the needs of the few.

Blade Runner (1982)

Ridley Scott’s science fiction epic has many dynamic questions on being human. Roy Batty’s final words always captivated me: I’ve seen things you people wouldn’t believe. Attack ships on fire off the shoulder of Orion. I’ve watched c-beams glitter in the dark near the Tannhäuser Gate. All those … moments will be lost in time, like tears…in rain. Time to die.

The fact Roy Batty let Deckard live added a surreal complexity to the film’s villain, posing the theory that Batty had loved life more than he had before dying, which is why he did not kill the hero.

Return of the Jedi (1983)

I have very fond memories of seeing Return of the Jedi opening weekend. There was a sense of awe. People cheered when Vader threw the Emperor down the exhaust shaft.

And Vader did not yell “Nooooo” in 1983.

Star Trek III: Search for Spock (1984)

Sometimes, the needs of the one outweigh the needs of the many. Search for Spock had wonderful symbolism of loyalty between friends. The crew of the Enterprise was willing to destroy their careers in order to save two of their friends. The end result was another lesson in changing the definition of victory, when you have to destroy your own ship to save everyone.

Plus kick the bad guy off a cliff into lava.

Ghostbusters

I ain’t afraid of no ghost.

One of the most entertaining geek movies ever. One of the main villains is also the EPA and government regulations, proving not all evil spirits are undead.

Back to the Future

I remember seeing Back to the Future with my paternal grandparents in Ann Arbor, Michigan when the movie came out. A wonderful story with reckless driving, treason, collaborating with terrorists, and defense of others.

Man, this is heavy.

TimeCon 1985 & 1986

My first “geek” convention was TimeCon in 1985, celebrating Star Trek, Doctor Who, and a whole lot of science fiction. We got to meet James Doohan, Walter Koenig, George Takei, and Anthony Anthony.

Stark Trek IV: The Voyage Home

1986 was a year when Star Trek went mainstream with The Voyage Home. A great story that caught the attention of a much broader audience than traditional science fiction fans.

We also had a very short trial for our heroes. While they did have a solid necessity defense for stealing the Enterprise, sabotaging Excelsior, and destroying the Enterprise, they went with a guilty plea.

Aliens (1986)

Game over man. 17 days, we won’t last 17 hours.

Exhibit A you can have a science fiction blockbuster with a strong female lead. Bring on Captain Marvel. Agent Carter cannot get here fast enough.

Terminator 2

Come with me if you want to live.

Exhibit B that that you can have a strong female lead.

Jurassic Park (1993)

Steven Spielberg brought dinosaurs to life with both CGI and practical special effects.

A real game changer in film making.

Moreover, if you can create an extinct species, is it automatically on the endangered list?

1990s Science Fiction on Television

Star Trek the Next Generation, Deep Space Nine, Voyager, X-Files, and Babylon 5 were all shows I watched weekly. I gave shows like Earth Final Conflict, Space Above & Beyond, Tek Wars, and Lexx, a chance, but never got into them.

X-Men (2000)

The first X-Men movie brought back comic book movies as a viable box office success. After years of defeat, from Superman the Quest for Peace to Howard the Duck, X-Men was a fun adaption of our favorite mutants.

Until X-Men: Last Stand destroyed it, then X-Men: First Class saved it, and X-Men: Days of Future Past, put us back on the right track.

The Lord of the Rings Trilogy

Peter Jackson brought J.R.R. Tolkien to life. The fact Return of the King won Best Picture and Jackson took home Best Director, demonstrated “sci fi” and “fantasy” films could clean house at the Oscars.

Spider-Man (2002)

The first two Spider-Man movies again showed comic book movies could be successful. And then Spider-Man 3 torpedoed the franchise.

Firefly (2002)

What happens when you have an amazing show that is a creative adventure of a steampunk Western in Space where being a “Companion” is a respected career choice? You get cancelled after a dozen episodes (or fourteen counting the two unaired ones). Firefly suffered that initial fate, but because of its incredible fan base, developed cult status and spawned one movie.

You can’t stop the signal.

The Dark Knight Trilogy

Batman Begins, the Dark Knight, and Dark Knight Rises, again demonstrate comic book movies have depth and box office success. Sure, watching all three in a row can be highly traumatic, but an action-packed tour de force. Never mind Gotham looks like a fictional city, then Chicago, and then New York.

Marvel’s Civil War

I started re-collecting comics after many years because of Civil War. A very gripping story that walked the tight rope of making both sides look right, whether you supported the Registration Act or thought it looked like a massive civil rights violation.

The story’s ending with Captain America’s assassination and following shock waves in Fallen Son and James Barns/Winter Soldier ultimately becoming Captain America were fantastic.

I actually had to get Captain America #25 in Canada. Not one the local comic book stores had the big issue of Cap’s death and I was lucky to get the last issue in Vancouver on a business trip.

DC’s Sinestro War & Blackest Night

The Sinestro War in Green Lantern was a stunning war story that ultimately turned on the Green Lanterns shifting from law enforcement to war-making when the Guardians gave the Green Lantern Corps permission to kill members of the Sinestro Corps. The war is won, but at a cost that ultimately lead to the Blackest Night.

DC delivered again with Blackest Night, where death itself declared war on life. Heroes and villains alike are brutally killed by dead characters who rip out the hearts of the living. There were actually disturbing deaths before the battle was turned in the heroes’ favor.

There many symbolic moments of how the different Lanterns interacted, such as only the Blue Lantern representing Hope could calm the Red Lantern represent rage, or that Compassion was the rarest of all the Power Rings.

Star Trek (2009)

JJ Abrams brought Star Trek back after years of being off the air and the big screen. The return of Star Trek also showed a new era in science fiction film making, because fans who grew up watching the show and movies, are now making the movies.

The Entire Marvel Cinematic Universe

Marvel movies have set the gold standard for comic book adaptions. They range in depth from political thrillers like Captain America The Winter Soldier to a rip-roaring good times of Guardians of the Galaxy. I look forward to their future films.

The Day of the Doctor

Doctor Who for decades was watched on late night PBS in the United States. The fact the 50th Anniversary special was a global simulcast that broke world records stands as testament that being a “geek” is now mainstream. Also factor in the 3D showings in one night that had fans from five decades dressing up and cheering is just wicked cool.

That Time Being a Geek Helped Save My Life

On February 21, 1990, my bowel ruptured as a result of being undiagnosed with Crohn’s Disease for five years. What followed included nearly 70 days in two hospitals, three surgeries, and a whole lot of pain.

I spent my days in the hospital watching Star Trek and Raiders of the Lost Ark. I also read Tom Clancy’s Clear & Present Danger. My wonderful grandmother set out to find Stephen Coonts’ third book The Minotaur. I had to know what happened after Final Flight.

My very kind godmother worked some magic with her sister, a florist in Beverly Hills, who through several contacts asked Leonard Nimoy to send me a get well card. Being an outstanding human being, Nimoy delivered.

I was lucky to meet Leonard Nimoy in 2009 at a conference and thank him for sending me a get well card back in 1990.

Life is the Greatest Adventure

My first 40 years have been a great adventure.

I have seen two Space Shuttle launches, watched dolphins illuminated by bioluminescent plankton swim around a tall ship, borrowed aircraft carriers and battleships, and have traveled from Anchorage to Saint Thomas. There are many more adventures to have and I look forward to the days ahead.

And it is good to be a geek. This is our time.

Vader’s Forcing Confessions

By

Josh Gilliland

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May 4, 2014

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Darth Vader had a very forceful way of getting the information he wanted from people. From the opening scenes of Episode IV, we learned Vader thrived on choking others. Moreover, orders such as, “Commander, tear this ship apart until you’ve found those plans, and bring me the passengers. I want them alive!” do not endear him as someone who is not above using any means to get the answers he wants.

Episode IV included a scene where Princess Leia faced a floating droid that appeared ready inject her with a truth serum.

Would that be legal under our laws?

I Have A Bad Feeling About This

The Empire and its Doctrine of Fear is not one that would protect civil rights. Its very founding was based on “security” to protect its “citizens,” not one of freedom.

Could a Republic, be it the United States or the Old Republic, force confessions from prisoners with truth serum?

The Fifth Amendment gives everyone the right in the United States to NOT “be compelled in any criminal case to be a witness against himself.” Moreover, the long line of cases following Miranda go to advise people of their right to remain silent, and the right to counsel, if they have been arrested.

One of the most extreme cases involving forced confessions was from 1936, where the Supreme Court referred to an extracted confession through brutal torture as “revolting to the sense of justice.” Brown v. Mississippi, 297 U.S. 278, 286 (1936).

Truth serums administered to prisoners uniformly have been found to violate the law. Courts often refer to such compelled confessions as “police wrongdoing.” Colo. v. Connelly, 479 U.S. 157, 165 (U.S. 1986), citing Townsend v. Sain, 372 U.S. 293, 298-299 (U.S. 1963).

Montana Supreme Court Justice Harrison held in State v. Allies that confessions made under the influence of a “truth serum” was not voluntary. State v. Allies, 186 Mont. 99, 115 (Mont. 1979). As the Court explained:

The pivotal issue presented here is whether the results of the sodium amytal (popularly known as truth serum) test are admissible where the recipient was without benefit or advice of counsel and had not received a Miranda warning immediately preceding the administration of the serum. We find they are not. The overwhelming weight of authority in this country still regards truth serum tests as inadmissible inasmuch as they have not attained the scientific acceptance as reliable and accurate means of ascertaining truth or deception.

Allies, at *114.

nor shall be compelled in any criminal case to be a witness against himself, – See more at: http://constitution.laws.com/5th-amendment#sthash.cQfK9nLu.dpuf

or shall be compelled in any criminal case to be a witness against himself, – See more at: http://constitution.laws.com/5th-amendment#sthash.cQfK9nLu.dpuf

Many Courts will not allow any truth serum results or expert testimony over truth serum results from expert witnesses, until it is proven with “verifiable certainty that truth serum compels a person to tell the truth.” Harper v. State, 249 Ga. 519, 526 (Ga. 1982).

What does this mean for Darth Vader and Governor Tarkin ordering Leia to be injected with a truth serum? First, Vader is not getting a Father’s Day card. Second, it would not be legal in a country like the United States, which highlights the dangers of a society founded on security instead of freedom. Third, the truth serum was not effective, as Leia did not provide the location of the Rebel Base or Plans.

Did the Clone Troopers Have to follow General Krell’s Orders?

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Josh Gilliland

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May 4, 2014

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Jessica Mederson and Joshua Gilliland sought out Judge Matthew Sciarrino for his extensive Star Wars knowledge to discuss the casting news of Episode VII: The Order of the Jedi, and the legal issues surrounding General Krell vs the 501st in the Clone Wars.

Plus, what to do when your video conference software does not switch to active speaker.

Who is the True Legal Owner of R2D2 & C3PO?

By

Josh Gilliland

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May 2, 2014

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A Long Time Ago, in a Galaxy Far, Far, Away, was Luke Skywalker within his legal rights to offer R2D2 and C3PO as a gift to Jabba the Hutt in Return of the Jedi? In order to determine whether Luke was legally entitled to do so, we have to understand the ownership history of our favorite Droids.

R2D2 is introduced in Queen Amidala’s escape from Naboo. As such, R2D2 appears to be the state property of Naboo. Queen Amidala as the head of state exercised her control over R2D2. The Droid continued his service to Amidala while she was a Senator.

C3PO was built by Anakin Skywalker. As such, C3PO is Anakin Skywalker’s personal property. However, as a minor, Anakan’s mother may have held title, but for the fact both Skywalkers were slaves. Moreover, C3PO was left on Tatooine after Anakan left to become a Jedi. At this point, C3PO was in the possession and control of Shmi Skywalker as her personal property (assuming a slave could own property).

At the time of Shmi’s death, C3PO would have been her personal property. Moreover, Shmi’s marriage to Cliegg Lars would not transmute her personal property to community property, unless there had been a written change of ownership. As such, Lars would have had a right to one half of Shmi’s personal property by intestate succession, because Shmi had one child (Anakin). See, Cal Probate Code 6401(c)(A). As one cannot have half a Droid, Lars arguably gave up any interest in C3PO in order to have Shmi’s other remaining personal property. As such, Anakin Skywalker would have become CP3O’s legal owner upon her death (unless Shim had a will stating otherwise). Alternatively, Cliegg Lars would become the proper owner of C3PO if the Droid were community property and Shmi died without a will.

As such, by the time of Anakin and Padme’s marriage, Anakin was the owner of C3PO and Padme the owner of R2D2 (or the state of Naboo). However, the marriage does not make them co-equal owners of the Droids, because marriage does not make personal property community property, unless there is a valid transfer of ownership.

R2D2 shared many adventures with Anakin Skywalker throughout the Clone Wars. Moreover, C3PO appeared to spend a substantial amount of time with Senator Amidala. While there marriage was secret, this does tend to show them treating the Droids as community property.

Revenge of the Sith first shows Anakin being left for dead on Mustafar, soon followed by Padme giving birth to twins, followed by her death. In theory, Anakin’s personal property could have transferred to Padme at the time of Anakin’s “death.” As such, Padme would have been the legal owners of both Droids before her death. Alternatively, an argument could be made that Anakin’s attempted murder of Padme cut off his rights to any of Padme’s personal property or community property, much like Obi Wan Kenobi did to Anakin’s limbs. (See, Cal Prob Code § 250, which prohibits someone who kills a descendant from inheriting under interest succession or a will). Additionally, one could argue that Lord Vader lost his property rights to CP3O due to abandonment.

The twins would have had a right to the Droids at the time of their mother’s death through intestate intestate succession. However, given both were newborns, Bail Organa arguably became the bailee of the Droids until the Skywalker twins were of legal age. In turn, Organa entrusted the Droids to Raymus Antilles for safe keeping.

By the time of A New Hope, Leia has possession, custody and control of the Droids. While this was to the exclusion of Luke, only Bail Organa, Yoda, and Obi Wan knew of the Skywalker twins. Leia exercised her property rights over R2D2 by sending him on the mission to find Obi Wan Kenobi.

The Jawas finding R2D2 and C3PO on Tatooine and selling the Droids presents an interesting legal challenge. The Jawas could argue the Droids were abandoned or lost, claiming a right over them. However, if lost, the Jawas made no attempt to locate the right owners, but simply put them up for sale. Consider the following California law:

One who finds lost property under circumstances which give him knowledge of or means of inquiry as to the true owner, and who appropriates such property to his own use, or to the use of another person not entitled thereto, without first making reasonable and just efforts to find the owner and to restore the property to him, is guilty of theft.

Cal Pen Code § 485.

This puts Uncle Owen into a strange position of arguably buying Droids that Luke actually had a legal right to already own.

The Jawas might have had a valid claim to lawfully owning the Droids on a “finders keepers” theory. Considering that the Droids escaped the Tantive IV in an escape pod, case law involving life boats found at sea is helpful in determining if the Droids were abandoned by Princess Leia, thus properly found by the Jawas.

Under case law, a “derelict vessel” is one that is abandoned and deserted. This can be by accident, necessity or voluntary actions, without hope of recovery. PAUL W. REISS, ET AL. v. ONE SCHAT-HARDING LIFEBOAT NO. 120776 # 1, ET AL., 2006 AMC 1401 (D.S.C. 2006), citing Rowe v. the Brig, 1 Mason 372, 20 F.Cas. 1281, 1282, No. 12,093 (C.C.Mass. 1818).

At the time of Leia’s capture, she could have believed she had no chance of escape. Moreover, she had no idea of where the Droid escape pod landed. However, she did give R2D2 orders to find Obi Wan Kenobi. These facts show that while the Tantive IV was lost without hope of recovery, Leia still exercised control over the Droids to complete her mission, even if she had no hope of recovering them.

If the escape pod could be considered a derelict vessel, and the Droids lost, the Jawas could have been within their salvage rights to find and sell the Droids. PAUL W. REISS, ET AL. v. ONE SCHAT-HARDING LIFEBOAT NO. 120776 # 1, ET AL., 2006 AMC 1401 (D.S.C. 2006). However, there could be a real legal challenge against the Jawas for not attempting to find the legal owner of C3PO and R2D2.

Assuming that the Jawas had the legal right to sell the Droids, Luke Skywalker would have become the proper owner of the Droids after the deaths of his aunt and uncle. As such, he would have had the legal right to gift the Droids to Jabba the Hutt. However, the following mutual combat and death of Jabba would either make Jabba’s estate the rightful owner of the Droids, or Luke re-covered them as lost property.

Alternatively, since Jabba did not accept Luke’s initial offer, he could claim the Droids were not a gift, but consideration for a contract for Han Solo. Since Jabba rejected the deal, he had no right to R2D2 and C3PO.

The Clone Wars on Human Rights

By

Josh Gilliland

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March 10, 2014

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The Clone Wars The Lost Missions posed very interesting legal questions over Clone rights. Is a Clone a person? Is a Clone property? Can a Clone be euthanized to protect the rest of the Clone population?

What is more impressive is these issues were presented in a children’s cartoon.

Attack of the Doctors

The Clone Wars episodes “The Unknown,” “Conspiracy,” “Fugitive” and “Orders” centered on a Clone Trooper named Tup who suffered a breakdown from a defective bio-chip in his brain that caused him to kill a Jedi. The story focused on his friend Fives trying to get Tup proper medical treatment.

The issues of treatment turn on whether the Republic or Kamino owned the Clones. Moreover, doctors proposed a medical exam to kill the Clone to find out the illness caused Tup to kill a Jedi.

A doctor killing a human being “for the greater good” is the unholy marriage of eugenics and euthanasia. Normally, deciding whether the state kills someone requires a criminal trial and not a doctor’s note.

Eugenics laws in the United States were common through the first third of the 20th Century, often forcing sterilization on those with physical illnesses. Justice Holmes described the intent of the laws as follows:

It is better for all the world, if instead of waiting to execute degenerate offspring for crime, or to let them starve for their imbecility, society can prevent those who are manifestly unfit from continuing their kind. . . . Three generations of imbeciles are enough.

United States v. Kriesel, 720 F.3d 1137, 1160 (9th Cir. Wash. 2013), Dissent, citing Buck v. Bell, 274 U.S. 200, 207, 47 S. Ct. 584, 71 L. Ed. 1000 (1927).

Euthanasia raises many other issues, but many states have prohibited the practice (while others legalized death with dignity) on the governmental interests of “prohibiting intentional killing and preserving human life; preventing the serious public-health problem of suicide, especially among the young, the elderly, and those suffering from untreated pain or from depression or other mental disorders; protecting the medical profession’s integrity and ethics and maintaining physicians’ role as their patients’ healers; protecting the poor, the elderly, disabled persons, the terminally ill, and persons in other vulnerable groups from indifference, prejudice, and psychological and financial pressure to end their lives; and avoiding a possible slide towards voluntary and perhaps even involuntary euthanasia.” Wash. v. Glucksberg, 521 U.S. 702 (U.S. 1997).

The mixing of eugenics and euthanasia truly would create a “Doctrine of Fear,” because the state could execute anyone a doctor found to be of a public heath danger.

Revenge of the Lawyers

The issue of “Clone ownership” in determining the medical treatment of Tub had the haunting unease of Chief Justice Roger Taney’s rejection of human rights in the Dred Scott opinion. Once again, science fiction turned to a cartoon about a Clone and a Droid to define what it means to have “human rights.”

The law and science explains there are two types of cloning:

Therapeutic cloning is the use of cloning techniques to reproduce cells, tissue, and in some instances, organs for medical uses. Therapeutic cloning has possible future uses for deficiencies in bone marrow, heart muscle tissue, and neurons (for patients with Parkinson’s disease). Therapeutic cloning is to be distinguished from reproductive cloning which seeks to reproduce entire organisms. “Dolly” the famous, or infamous, sheep created by the Roslin Institute in Scotland is an example of reproductive cloning.

Advanced Cell Tech. v. Infigen, Inc., 2002 Mass. Super. LEXIS 377, 2-3 (Mass. Super. Ct. June 18, 2002).

The Star Wars Clones without question are products of reproductive cloning.

My friend Judge Matthew Sciarrino posed the following questions about the issues of ownership:

I would have loved to see the purchase agreement – did the Kominoans reserve a right to take back a damaged clone? Did they become Republic property upon delivery? Was the agreement modified by Lord Tyranus after Syfo Dyas?

The answers to all of those questions require a “Clone” to be property and lacking any human rights.

That is not the Jedi way.

I’m A Man, Not a Number

The Clone Fives highlighted his humanity by stating he was “not a number” and that “Clones do not use numbers.” Fives bluntly told one of his creators “I am a living being.”

The United States has actively tried to keep these “science fiction” issues from becoming reality. Missouri banned human cloning in its state Constitution (Cures Without Cloning v. Pund, 259 S.W.3d 76, 79 (Mo. Ct. App. 2008)) and New York banned grants being made available to fund human reproductive cloning from any source directly or indirectly (NY CLS Pub Health § 265-a) as two examples.

The Clones were created to be the soldiers of Grand Army of the Republic. On many levels, this is taking a leap beyond using drones in combat. Instead of risking the lives of citizens or having an unpopular draft to build an army, simply ordering thousands of Clones avoids having citizens fight for their country. A civilian population is less likely to oppose a war if they are not feeling its effects by actually having to fight it.

What rights would a Clone have as a living being? We often view being human as requiring being born and having parents. Clones have a donor and were grown in a laboratory. Do these facts make them less or human? Or is humanity based on 1) Intelligence; 2) self-awareness; and 3) consciousness (to borrow from Star Trek The Next Generation)?

The fact the Clones did not refer to themselves as numbers, but names they gave themselves, demonstrated all three elements. Moreover, the fact Clones had different haircuts, facial hair and interests showed further self-awareness. Additionally, demonstrating compassion for their fellow soldiers showed character traits of what makes humans, human.

If the Republic recognized that Clones had intelligence, self-awareness, consciousness, but viewed the Clones as state property, then the Republic sanctioned slavery based on whether a life was born or grown in a test tube. Alternatively, if the Republic did not recognize Clones having intelligence, self-awareness, consciousness, then the Clones were legally treated like a machine or a domestic animal.

Neither option is attractive for a Republic. It was redeeming of the Jedi Shaak Ti to stand up for Fives with the statement, “it is simply the right thing to do” over his life and reporting to the Chancellor, even if her argument was based on the Republic owning the Clones.

Can You Torture a Droid?

By

Josh Gilliland

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February 24, 2014

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Jabba the Hutt likes to have Droids torture other Droids. However, is that even torture?

The law defines “torture” as follows:

Every person who, with the intent to cause cruel or extreme pain and suffering for the purpose of revenge, extortion, persuasion, or for any sadistic purpose, inflicts great bodily injury as defined in Section 12022.7 upon the person of another, is guilty of torture.

The crime of torture does not require any proof that the victim suffered pain.

Cal Pen Code § 206.

“Great bodily injury” means a significant or substantial physical injury. Cal Pen Code § 12022.7(f).

In Return of the Jedi, Jabba’s Palace included a Droid duty assignment office, which doubled as a Droid torture chamber. A Power Droid was hung by his shaking little feet while a hot brand was applied to his feet. The Power Droid screamed “NNNNNOOOO, NNNNOOOO” during the procedure as a guard laughed.

R2D2 was made to watch these events, serving as a form of torture to ensure compliance with the orders of Jabba’s Droid.

The issue whether Jabba unlawfully had Droids tortured in an inhuman house of horrors must overcome an ugly legal issue: Does a Droid have “human rights”? Can a Droid be responsible for torturing another Droid even though the law requires a “person” to commit the act?

Droids are considered property, as evident from Uncle Owen purchasing C3PO and R2D2 from the Jawas in A New Hope (the legality of the purchase is problematic, based on whether the Droids were lost or abandoned property after Princess Leia was captured by Darth Vader). Assuming the purchase was valid, Luke would have been the legal owner of the Droids after his aunt and uncle were killed. Alternatively, the ownership of the Droids could be established as inheritance from his parents, however that is problematic from the passage of time between Revenge of the Sith to A New Hope, unless Captain Antilles was serving as a bailee until the twin Skywalkers were of proper age.

Regardless, Luke Skywalker offered C3PO and R2D2 as a legal gift to Jabba the Hutt. This is further evidence that Droids are merely considered property and do not have “human rights,” because a basic human right is not to be exploited for slavery.

Droids have an odd quality for being property: they have a range of personalities and emotions, including fear or being grumpy. Why build machines that serve as property that experience fear and pain? Such programming begs to introduce a wide range of legal issues on the ethical treatment of Droids.

The law has over a century of statutes and cases protecting animals from cruelty (See, Cal Pen Code § 597 and Yielding v. Ball, 205 Ala. 376, 377 (Ala. 1921)). Moreover, animals such as dogs and cats are considered personal property. Just like a Droid.

Hanging a Power Droid by his feet and burning him would be actions consistent within the protections of Cal Pen Code § 597, which prevents the maliciously and intentionally torture of an animal and Cal Pen Code § 206 as sadistically causing great bodily harm. While a Droid is neither a “person” or an “animal,” a Droid is property like an animal, with a wide range of emotions that both animals and human beings experience. While the law does not specifically include Droids, the great body of law prohibiting torture of humans and animals shows the intent to prohibit the torture of Droids based upon our human values to prevent harm to others.

The fact a Droid carried out Jabba’s torture does not free the Droid or Jabba from prosecution. The “I was just following” orders defense would fall on deaf ears, as Jabba’s Droid knew its actions were causing pain upon the Power Droid and serving as a threat to R2D2. Jabba would be responsible as both the Droid’s owner and as the business owner.

A New Contract: Mjolnir Strikes Back for the Return of Lightsabers

By

Josh Gilliland

-

January 27, 2014

0

The epic Twitter contract negotiations of Marvel and Star Wars heralded a heroic age of contract formation of offer, acceptance and consideration for the use of property.

The Twitter negotiations, however, also required trading Yoda, Hutts, plus Deadpool for Boba Fett, and Mace Windu for Nick Fury. The open discussions for trading human beings (and other living beings who are not animals or property), would violate the civil rights of those individuals, given the prohibition of indentured servitude. Moreover, @Marvel specifically rejected including any of Tony Stark’s armor in the negotiations out of fear Ewoks would be placed in them. As such, the parties discussion could be summarized as the following terms and conditions:

The Marvel & Star Wars Lease Agreement of Lightsabers for Mjolnir

@Marvel and @StarWars, both subsidiaries of Disney, hereby agree to the following terms and conditions:

@StarWars will lease to @Marvel one blue lightsaber, one green lightsaber, one purple lightsaber, one yellow lightsaber and one red lightsaber for the term of one week (7 day on Earth);

@Marvel will use the above mentioned lightsabers for scientific research.

@StarWars hereby warns @Marvel of the risk of injury of using said lightsabers, including loss of limbs, eye injury, blindness, beheading and even death.

In consideration for the use of the lightsabers, @Marvel will lend for a period of one week Mjolnir (7 days on Earth), making no warranties on whether anyone at @StarWars is worthy enough to lift Mjolnir.

@Marvel hereby warns @StarWars of the risk of injury for using Mjolnir, including lower back strain for attempting to lift, arm injury, dislocated shoulders, eye injury from lightening, hearing damage from thunder, electrocution, property damage from flooding, high winds, rain, or lightening strikes, and any other reasonably foreseeable injuries from attempting to control weather or throwing a hammer.

Choice of Law:

The parties agreements will be governed by the laws of the State of California.

Forum Selection Clause:

Any and all disputes will be heard in Anaheim, California, at Great Moments with Mr. Lincoln, and arbitrated by the animatronic Abraham Lincoln. The parties further agree to be bound by the arbitrator’s final decision on ay disputes, waiving all legal claims.

Waiver of Claims by @Marvel:

@Marvel waives any claims against @StarWars, its officers, agents, employees or volunteers from damage or loss caused by:

A. Any suit or proceeding directly or indirectly attacking the validity of this Contract, or any part of this Contract.

B. Any judgement or award: (i) declaring this Contract, or any part of this Contract, either void or voidable, or (ii) delaying the performance of any part of this Contract.

Waiver of Claims by @StarWars:

@StarWars waives any claims against @Marvel, its officers, agents, employees or volunteers from damage or loss caused by:

A. Any suit or proceeding directly or indirectly attacking the validity of this Contract, or any part of this Contract.

B. Any judgement or award: (i) declaring this Contract, or any part of this Contract, either void or voidable, or (ii) delaying the performance of any part of this Contract.

Express Agreement by Parties

Neither @Marvel or @StarWars will allow any of its officers, agents, employees or volunteers to use either a lightsaber or Mjolnir without a signed liability wavier for any injury sustained by using a lightsaber or Mjolnir. Children are expressly prohibited from using the property subject to this agreement.

Property Damage:

The parties will be financially responsible for any damage to the property subject to this contract.

Severability:

If any provision of this Contract is held invalid or unenforceable, its invalidity or unenforceability will not affect any other provisions of this Contract, and this Contract will be construed and enforced as if such provision had not been included.

Entire Agreement:

This Contract constitutes the entire agreement between @Marvel and @StarWars. Both parties revoke all prior or contemporaneous oral or written agreements between them that are inconsistent with this Contract. In the event of a dispute between the parties regarding the Contract, this Contract will be deemed to have been drafted by the parties in equal parts so that no presumptions or inferences concerning its terms or interpretation may be construed against any party to this Contract.