A Night at the 2014 Geekie Awards

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August 23, 2014

I attended the 2014 Geekies Awards on August 17, 2014. I had the privilege of sitting under the teleprompter, so had an awesome view once again.

I also found it extremely funny that the person we lined up behind was also at Table 15 with Seat 7. We had 8 and 9. The odds of that were astronomically.

Throw in the fact she was also a lawyer, meaning the first three people on the floor were attorneys, and we should head to Vegas.

The sophomore show was powered by a lot of creativity and innovation in the months and days leading up to the Geekie Awards. There were many big names, sponsors, and well-deserving nominees.

Geeks Innovate

Kristen Nedopak is the living definition of an early adopter who knows how to leverage technology. The encouragement of getting geeks to post videos on Weev, Tweeting out photos to #EmbraceGeekies2014, and am impressive Twitter campaign are a model of how to encourage audience interaction.

The Geekie Awards has an impressive Twitter presence, with 4,968 followers and over 16.6K Tweets. According to my social media comparison tool, their engagement ranking is 93% and Influence 85% in the last 30 days.

Gale Anne Hurd: Lifetime Achievement Award

Gale Anne Hurd was extremely deserving of the Lifetime Achievement Award. Her personal story is heroic and she gave an outstanding acceptance speech. Plus she read Marvel comics as a kid.

Ms. Hurd also took a photo of the audience with her watch. Hard not to love that.

Geek of the Year: LeVar Burton

I predict within 10 years, but not more than 20 years, LeVar Burton will be presented the Presidential Medal of Freedom for his work in child literacy. The man is a true force for good in the world. Perhaps the only person to do more is Jim Henson and Burton has a good shot at exceeding Henson’s contribution to education.

Recognizing LeVar Burton as Geek of the Year for his amazing Reading Rainbow Kickerstarter project was one of the highlights of the night.

Let’s Talk About Comics

I went to the Geekie Awards rooting for Boston Metaphysically Society and Oh Hell. I met Madeleine Holly-Rosing last year at Big Wow Comic Fest and was confident she would be nominated for a Geekie Award. She has an outstanding comic and is in a Kickstarter campaign to fund the next chapter of her book. BMS is a steampunk ghost-hunting story set in the 1890s, and you guessed it, Boston. Check it out.

I met George Wassil at Big Wow this year. His book is about a boarding school in Hell. It is an outstanding book and was very deserving to WIN the best comic book/graphic novel.

George is also one Hell of a nice guy.

Something My Grandmother Taught Me

There was one big thing that bothered me at the event: I saw more than one nominee leave after their categories were called. While there is always the chance someone had to leave for childcare, family emergency, illness, or a valid reason, I find it very rude to the other nominees to leave during the show. If you have have the honor of being nominated, give the other nominees the respect they deserve.

Expunging Records vs Pardons in Guardians in the Galaxy

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Josh Gilliland

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August 17, 2014

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Guardians of the Galaxy ends with the Nova Corps expunging the records of Star-Lord, Gamora, Drax the Destroyer, Rocket Raccoon, and Groot.

What does the mean for our felons-turned-heroes?

An “expungement of records” means the “extraction and isolation of all records on file within any court, detention or correctional facility, law enforcement or criminal justice agency concerning a person’s detection, apprehension, arrest, detention, trial or disposition of an offense within the criminal justice system.” N.J. Stat. § 2C:52-1(a).

Expunging someone’s record is very broad, as it can include “complaints, warrants, arrests, commitments, processing records, fingerprints, photographs, index cards, ‘rap sheets’ and judicial docket records.” N.J. Stat. § 2C:52-1(b).

Some states allow a record to be expunged if someone was arrested without probable cause, or if no charges were filed, or other specific circumstances. § 610.122 R.S.Mo.

In determining whether to expunge records, Courts balance the harm caused to a person by the existence of a criminal record against the “utility of the Government” for keeping the record. Walker v. United States, 116 F.R.D. 149, 151 (S.D.N.Y. 1987).

In specific cases, the FBI has a responsibility to expunge an incident from its criminal identification files after learning a person who was arrested has been exonerated or released without charge or a change of record to “detention only.” Menard v. Saxbe, 498 F.2d 1017, 1028 (D.C. Cir. 1974).

It is worth noting that the Guardians of the Galaxy had an expungement of past crimes, not a general pardon. A “pardon” does not absolve someone of guilt, but forgives them for the offense. People v. Chiappa, 53 Ill. App. 3d 639, 641 (Ill. App. Ct. 2d Dist. 1977). Moreover, a pardon is usually given to someone who might be subject to prosecution, but has not been convicted. Brown v. Walker, 161 U.S. 591, 601-602 (U.S. 1896)

As Justice William Guild of the Appellate Court of Illinois, Second District, (who in the 1970s had red t-shirts made that said The Mighty Second), said: In the vernacular, such a pardon is an act of forgiveness, not forgetfulness. People v. Chiappa, 53 Ill. App. 3d 639, 641 (Ill. App. Ct. 2d Dist. 1977).

As the Nova Corps had decided to “forget” about the Guardians’ past crimes upon which they had been convicted, an expungement is the proper legal remedy. However, the Guardians might have needed a pardon for breaking out of prison.

Remembering Robin Williams

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Josh Gilliland

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August 15, 2014

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The Legal Geeks share what Robin Williams meant to each of them.

Hulk vs Iron Man’s Duty to Warn & Rescue

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Josh Gilliland

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August 12, 2014

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Marvel’s Hulk vs Iron Man issues 3 and 4 focus on the Hulk seeking his style of “justice” on Tony Stark for “sabotaging” the Gamma Bomb that turned Bruce Banner into the Hulk. The Hulk’s “justice” was all out revenge, looking like premeditated murder.

Tony Stark’s story arc focused on remembering what he exactly did on the Gamma Bomb, as he suffered a memory black out from one of his alcoholic binges. This arc quickly gives way to trying to stay alive after the Hulk found Stark.

Let’s smash the legal issues in Hulk v Iron Man.

Did Tony Stark Have a Duty to Rescue the Citizens of Troy?

In issue 3 of Hulk vs Iron Man, Tony Stark had protective shells encapsulate citizens of his weaponized city of Troy in China and take them to safety when the Hulk attacked.

While there is a strong argument that floating away in a protective bubble is kidnapping, Stark could claim he had a duty to rescue the people of Troy from the Hulk.

There is no general common law duty to rescue someone unless there is a special relationship. Rhodes v. Illinois Cent. Gulf R.R., 172 Ill. 2d 213, 232-233 (Ill. 1996). In the case of Tony Stark, he could argue he had a special relationship with the people of Troy on the following grounds: 1) those in the city were his invitees, thus Stark had a duty to protect them from harm; 2) Stark weaponized the city, thus creating potential harm to the people in a fight, thus requiring an escape system for them; 3) the fact Troy was Stark’s city meant Stark had a governmental duty to protect the people living in the city.

Did Tony Stark Have a Duty to Warn Bruce Banner About the Gamma Bomb’s Design Defects?

Hulk vs Iron Man is one of the few comic stories with drunk emailing. Tony Stark dictated an email to Bruce Banner regarding two design defects Stark found in the Gamma Bomb.

Tony Stark discovered that Bruce Banner added too much shielding on the Gamma Bomb. This would have caused the gamma explosion to build to a higher level of pressure, resulting in an explosion would be 4 or 5 times bigger. Banner’s attempt to make the bomb have a smaller explosive yield would have made it “apocalyptic.” Stark thought the blast would have even killed the observers. As such, Stark added venting to lesson the size of the explosion.

Stark further warned the bomb could change biomatter and that Banner should investigate.

Unfortunately, Banner did not read his email out of pride.

The Duty to Warn of Defective Design

New Mexico law states “there is no duty to warn of dangers actually known to the user of a product, regardless of whether the duty rests in negligence under § 388 Restatement (Second) of Torts (1965) or on strict tort liability under § 402A Restatement (Second) of Torts, supra. Jones v. 3M, 100 N.M. 268, 273 (N.M. Ct. App. 1983).

The law further states that a “supplier has no duty to warn of risks which he can reasonably expect to be obvious or known to foreseeable users of the product.” Jones v. 3M, 100 N.M. 268, 273 (N.M. Ct. App. 1983).

The Gamma Bomb could legally be found to have a defective because the “risks… outweigh benefits so far that no warning could provide adequate protection for the consumer.” Michael v. Warner/Chilcott, 91 N.M. 651, 657 (N.M. Ct. App. 1978). Moreover, the test for a defective design is “whether the product is unreasonably dangerous to the user or consumer or to his property.” Id.

The Army wanted a bomb that could destroy a city, not a bomb that could turn people into rage infused monsters. In either case, the Gamma Bomb’s risks would outweigh its benefit and make it unreasonably dangerous. The purpose of a bomb is to destroy, not create augmented human weapons of mass destruction that could be used against the United States.

Tony Stark’s warning to Bruce Banner was not just the morally right thing to do, but the correct legal action. Stark was paid $500,000 and 2 Bottles of 25 year-old Scotch to conduct a “supervisory examination” of Banner’s Gamma Bomb (a product for the government). Stark’s one day contract would have required him to disclose any dangers he found by the nature of conducting a “supervisory examination.”

Stark found the shielding defect which would have made the explosion larger and the then unknown risk of Gamma Radiation changing biomatter. Neither of these risks were obvious to Banner. As such, warning Banner of a design defect and an unknown risk would have put Banner on notice to conduct his review of the Gamma Bomb before detonating the device.

Bruce Banner’s failure to read his email about the Gamma Bomb put him in the unenviable legal position that his failure to read Tony Stark’s warning meant he had notice of the danger of the Gamma Bomb, but ignored the warning.

Gerry O’Brien on Xandar-Kree Politics & Guardians of the Galaxy

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Josh Gilliland

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August 7, 2014

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New York political consultant Gerry O’Brien and attorney Josh Gilliland have both read Marvel comics for years. Both discussed possible political reasons for the Xandar-Kree Peace Treaty, their thoughts on Guardians of the Galaxy, and classic sci fi comic book heroes Captain Mar-Vell and Adam Warlock.

And yes, the post credits scene is discussed.

The Legal Geeks’ Awesome Mix Tape Volume 2

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Josh Gilliland

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August 7, 2014

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Okay, if you asked me to put together an awesome mix tape of songs released in 1988 or years earlier, this would be my mix tape for you (I’ll give a copy to Star Lord for Guardians II as well).

Who Owns the Infinity Stone from Morag?

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Josh Gilliland

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August 6, 2014

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Star-Lord is introduced in Guardians of the Galaxy landing on the “abandoned planet” Morag. In an homage to Raiders of the Lost Ark, Star-Lord finds the Infinity Stone behind a locked door and suspended in a field of energy.

The immediate legal issues: Did Peter Quill, aka Star-Lord, commit burglary on Morag? If so, who was Star-Lord stealing from?

Burglary at common law was breaking and entering into the dwelling of another at night with the intent to commit a felony. Modern statutes now define burglary as any building and it does not have to be at night. See, Black’s Law Dictionary iPad App, 9th Edition.

Larceny is the unlawful taking of someone else’s personal property. Id.

Peter Quill effectively picking the lock to the vault with the Infinity Stone meets the modern definition of burglary, because he entered the locked vault with the intention of taking the Infinity Stone, which would be larceny, thus meeting the felony requirement of burglary.

While the common law elements for both crimes are meet, there is a huge defense that potentially makes committing each crime impossible: Morag was abandoned. Meaning all of the property on the planet was also abandoned.

Abandoned property is property that the owner voluntarily surrenders or disclaims. Id. A person who finds abandoned property is entitled to keep it. See, Michael v. First Chicago Corp., 139 Ill. App. 3d 374, 382, 487 N.E.2d 403, 409 (1985).

In the case of Morag, it appeared everyone on the planet had been dead for a long time or left for another world. The Infinity Stone was neither lost or mislaid, but left in the vault of an abandoned planet.

As the planet Morag was abandoned, so goes for all claims of property on the planet. As such, Star-Lord could not have committed either burglary or larceny, because the Infinity Stone was also abandoned on Morag. As the finder of abandoned property, the Infinity Stone was rightfully Star-Lord’s property.

Conversely, Korath the Pursuer and his men committed attempted robbery on Star-Lord when they tried to take the Infinity Stone by force.