Remember that Time the Inhumans Started a War Because SHIELD Acted like a Nation-State?

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May 7, 2015

Agents of SHIELD has ventured into a new legal realm: Foreign Policy. As one could expect, this results in a war.

There are MANY things wrong with the actions taken in “Scars,” both legally and politically. The outcome highlights that foreign policy is best left to the Secretary of State, opposed to spies with aircraft carriers.

SHIELD Acted as a Nation-State

Phil Coulson’s SHIELD and Robert Gonzales’ SHIELD merged into one organization. Coulson would act as the Director and Gonzales’ team as an Executive Board.

Problem: they are accountable to no one. There is a rogue spy agency with a nuclear powered Nimitz aircraft carrier and an underground base that is 1) Not taking orders from the President; 2) Totally ignores the military chain of command; and 3) Has zero Congressional oversight.

This is not acceptable legally. There cannot be a faction of an American military/espionage agency with nuclear weapons roaming the seas. The United States would be on a heighten anti-HYDRA policy after Captain America The Winter Soldier and would have no tolerance of rogue spies who could start a war.

SHIELD acted as if they were a separate nation-state in setting up negotiations with the Inhumans, thus establishing their own foreign policy. There is a substantial problem with this, because the Logan Act prohibits US citizens from directly or indirectly commencing correspondence with a foreign government with the “intent to influence the measures or conduct of any foreign government or of any officer or agent thereof, in relation to any disputes or controversies with the United States, or to defeat the measures of the United States…” 18 USCS § 953.

Worse yet, if Afterlife is in the People’s Republic of China, the PRC will be less than thrilled with 1) super-powered individuals acting like they are a separate country; and 2) Americans entering China to negotiate with the separatists (and in some cases, foreigners illegally living in China without visas). This would be like the United States deciding to enact a trade agreement with Tibet.

The US State Department’s “mission is to shape and sustain a peaceful, prosperous, just, and democratic world and foster conditions for stability and progress for the benefit of the American people and people everywhere.”

SHIELD sending four Quintjets to Afterlife was a strange mix of Commodore Matthew Perry’s gunboat diplomacy in “opening” trade with Japan, seasoned with the San Pebbles meets The Bedford Incident. This gunboat diplomacy without Presidential orders or Congressional approval runs totally against the basic tenants of foreign policy to promote peace, prosperity, and stability in a democratic world.

What could possibly go wrong?

How Not to Start a War

It does not take a William Seward, John Quincy Adams, or Henry Kissinger (or Hank McCoy for that matter) to identify the mistakes SHIELD made in their negotiations with the Inhumans. Here is an outline for how SHIELD could have avoided a war:

Send a letter requesting a neutral meeting place between leaders (Rajkovic, Yalta, Vienna, etc);
Letter should outline SHIELD’s proposal focused on the Inhuman’s concerns, opposed to outright Indexing all of them;
1. Create Memorandum of Agreement to Protect Afterlife from being discovered;
2. Ask Inhumans to document all of their people, to be maintained solely by them (hereinafter Inhuman Census);
3. Inhuman Census to be maintained on paper and never created digitally to protect against hacking and cybersecurity threats;
4. Inhumans will communicate to SHIELD if one of their members begins violating law;
5. Inhumans would provide relevant information in order for SHIELD to capture rouge Inhumans;
6. SHIELD to provide counter-espionage response to those seeking to locate the Inhumans;
7. SHIELD to provide military response if Inhumans threatened by HYDRA, AIM, or other threats

There would be many other issues, but here is the thrust of the Inhuman’s fears: Jiaying was the victim of HYDRA (Nazi) experiments during World War 2. She is fully aware of the dangers of “indexing” people based on race. Gonzales tossing out “we want to Index all of you” had to sound like a nightmare.

How to Start a War

Jiaying murdered Robert Gonzales with Terrigen Crystal Mist. This singular act of murder would promise an ICBM to be launched at Afterlife with Jiaying’s name on it.

Why respond to murder with nuclear weapons? Because Jiaying proved Terrigen Crystals could be used to commit genocide of the human race by killing Robert Gonzales. The Inhumans demonstrated how to weaponize Terrigen Crystals that would both kill all humans within their range and transform anyone with Inhuman DNA into “monsters.”

Jiaying proved all the Inhumans are exactly that: inhuman. The rest of humanity would not respond well to the possibility of either being 1) killed, or 2) transformed into something Inhuman.

The threat of genocide does not bring out the best in people. The only response to a hegemonic threat is to destroy those threatening to wipe out your existence. In effect, Jiaying created the worst possible situation that would lead to her people being blown off the face of the Earth.

Now, would a President bother seeking a Declaration of War from Congress? Maybe if the Inhumans were actually their own country. Any Congressional authorization of force would likely be a “Force Bill,” similar to those issued to fight the Barbary Pirates or the Klan. China would either need to agree to the attack or the US would need to beg that China not demand immediate repayment of US debt. However, given the threat of extinction, a diplomatic solution likely could be reached if the United States acted unilaterally to prevent seven billion people from being exterminated.

An “Inhuman War” would make life at the United Nations complex in explaining why a small village in China was vaporized. The US Ambassador to the UN would likely employ a mix of Adlai Stevenson and James Baker in handling the response. The Ambassador would channel Stevenson with a Cuban Missile Crisis style presentation on how Terrigen Crystal Mist is a genocidal weapon AND Baker in rallying an international response similar to the Persian Gulf War.

None of this would end well. Inhumans would be hunted down because Jiaying decided to declare war on the human race after Robert Gonzales insulted her by comparing their HYDRA scars.

Fear is the Real Enemy

Wars start out of fear. Both SHIELD and the Inhumans had significant fear about each other. SHIELD absolutely should NOT have been attempting to craft their own foreign policy without the US Government. However, Jiaying’s murder of Gonzales would ignite a fuse that would end with Afterlife being a crater.

None of this is what SHIELD is supposed to be. SHIELD is supposed to be the good guys who save the day, not start a war through gunboat diplomacy.

Let’s get back to basics: Have a story arc about stopping The Leader, or Kree spies on Earth, or even AIM. Let’s have the heroes follow the Constitution and in the words of Captain America, “be what SHIELD is supposed to be.”

A Daredevil of Attorney Ethics Over the Crime-Fraud Exception

By

Josh Gilliland

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April 13, 2015

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Marci Stahl, Esq., a [fictional] attorney at the [fictional] “Big Law Firm” Landman & Zack, is a case study of attorney ethics on Marvel’s Daredevil series on Netflix.

Landman & Zack is the mythical law firm we heard about in law school. First year associates probably are paid $190,000 a year, have to bill 720 hours a month, and represent morally ambiguous clients, like a Japanese whaling company. Some poor lawyer has to say with a straight face, “My client is simply conducting research, tasty research,” in a defamation and harassment suit against environmental activists. These lawyers learn to live without having a reflection thanks to suits made from endangered species. For the lucky few who do not have a nervous breakdown, they have the option to go to the Carousel at age 35, with the hopes of becoming a junior partner.

Enter Marci Stahl, Esq., the former girlfriend of Foggy Nelson. Ms. Stahl admits to “Foggy Bear” Nelson that Landman & Zack represents Wilson Fisk, the crime lord who is not yet called The Kingpin. Fisk is the law firm’s highest billing client.

Nelson confronted Stahl that her firm was aiding Fisk in a criminal enterprise. Furthermore, Nelson went so far as to say Stahl had lost her soul at Landman & Zack. Stahl responds by sneaking Fisk’s client files out of Landman & Zack and giving them to the law firm Nelson & Murdock.

Marci Stahl’s actions are a piñata of ethical issues. Attorneys have a duty to counsel a client to NOT engage in illegal conduct. New York Rules of Professional Conduct 1.2(d). Furthermore, a lawyer may refuse to participate in conduct the lawyer believes to be unlawful. New York Rules of Professional Conduct 1.2(f). As stated in comment 10 to Rule 1.2(d), lawyers are to avoid assisting a client by preparing a fraudulent document or concealing wrongdoing. As such, a lawyer should advise a client if the requested conduct would violate the law. Id. If a client will not change their conduct and the lawyer’s participation would violate the law, the lawyer should withdraw from the case. Id. Moreover, there are cases where a lawyer would have to disaffirm any documents prepared for the client. Id; Rule 1.6(b)(3); Rule 4.1, Comment [3].

Ms. Stahl turned over client material to an adverse law firm. This is highly problematic for her, because a lawyer should not knowingly reveal confidential information. New York Rules of Professional Conduct 1.6(a) and NY CLS CPLR § 4503. A lawyer can reveal confidential information under the following conditions:

1) To prevent reasonably certain death or substantial bodily harm;

2) To prevent the client from committing a crime;

3) To withdraw a written or oral opinion or representation previously given by the lawyer and reasonably believed by the lawyer still to be relied upon by a third person, where the lawyer has discovered that the opinion or representation was based on materially inaccurate information or is being used to further a crime or fraud;

4) To secure legal advice about compliance with these Rules or other law by the lawyer, another lawyer associated with the lawyer’s firm or the law firm;

5)(i) To defend the lawyer or the lawyer’s employees and associates against an accusation of wrongful conduct;

New York Rules of Professional Conduct 1.6(b).

Ms. Stahl turned over information to Nelson & Murdock without the knowledge of her firm or consent of her client. The information was clearly “confidential.” However, it was also evidence of racketeering. As recognized by New York Courts, the “intent to commit a crime is not a protected confidence or secret.” People v. DePallo (2001) 96 N.Y.2d 437, 442.

The “Crime-Fraud” exception to attorney work product doctrine is not “intended to shield an attorney’s or his agent’s fraud or otherwise impede investigation of criminal activity.” In re Grand Jury Subpoenas Served upon John Doe (Sup.Ct. 1988) 142 Misc.2d 229, 232. The purpose of keeping attorney work product confidential is “to protect from disclosure to party adversaries the attorney’s mental thought process in determining the significance of evidence and the strategies and arguments he has developed in preparing a case for trial.” Id; 3A Weinstein-Korn-Miller, NY Civ Prac para. 3104.43, at 31-157.)

Landman & Zack’s work product is likely key evidence in the racketeering charges against Wilson Fisk. The fact lawyers assisted a criminal enterprise would make them part of a conspiracy, and subject to immediate disbarment if convicted. Attorneys have been charged in the past with racketeering in violation of 18 USCS § 1962(c), so this is not the stuff of comic book stories. See, Wade v Gaither (2009, DC Utah) 623 F Supp 2d 1277.

Stahl’s best argument for turning over client confidential material to Nelson & Murdock is that she engaged the firm to secure advice on compliance with her ethical duties and whether her client had broken the law. While this argument is problematic since the firm Nelson & Murdock had been adversarial to Wilson Fisk, thus on its face should violate Stahl’s duty to loyalty to Fisk, it is the least bad position for her. The better plan would have been turning the material over to the FBI in order to prevent her client from committing more crimes. However, with the way anyone who opposed Wilson Fisk kept ending up dead, it was objectively reasonable for Stahl to work with another law firm.

Did Not Providing Angar the Screamer Dental Care Violate the 8th Amendment?

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Josh Gilliland

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March 20, 2015

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Angar the Screamer in Agents of SHIELD was imprisoned below a mental hospital and wore a metal gag for years. Once the gag was removed, it was very clear Angar had damaged skin around his mouth and rotten teeth (also, did they feed him by IV? Feeding tube?). Did this treatment violate the 8^th Amendment?

Yes, even with Angar’s super powered voice that attacked the central nervous system.

Case law is clear that deliberate indifference by prison officials to a prisoner’s serious medical or dental need constitutes cruel and unusual punishment in violation of the Eighth Amendment. Young v. McGill, 2011 U.S. Dist. LEXIS 140979, 5-6 (D. Conn. Dec. 8, 2011), citing Estelle v. Gamble, 429 U.S. 97, 104, 97 S. Ct. 285, 50 L. Ed. 2d 251 (1976).

If Angar was to sue the Federal Government for his treatment, he would need to allege “facts demonstrating sufficiently harmful acts or omissions and intent to either deny or unreasonably delay access to needed medical care or the wanton infliction of unnecessary pain by prison personnel.” Id.

The Government would argue that Angar had to wear the gag, because his voice would kill anyone who could hear him. This is a valid point, especially considering someone had to somehow “feed” the prisoner (perhaps Angar had a peripherally inserted central catheter for nourishment). Despite the need to restrain Angar from speaking, a less restrictive violation of Angar’s person would be to incarcerate him in a sound proof room. All guards and medical professions would interact with him could wear protective hearing to avoid being injured by Angar. This effectively is what doctors do already by wearing surgical gloves or those who work in high noise areas.

Another option besides wearing a gag would be drug therapy, so Angar could not speak. This would be akin to sex offenders who have to take a chemical to temporarily suppress their sex drive (chemical castration). State v. Christopher (1982) 133 Ariz. 508, 509 [652 P.2d 1031, 1032]. This would protect anyone treating the prisoner and not require Angar to wear a gag indefinitely.

Angar’s rotten teeth would speak for themselves that the prison had “deliberate indifference” to Angar’s dental needs. There is no way around the fact his teeth were a mess. God knows what sort of gum disease Angar would have had after years of not brushing. The damage to Angar’s mouth would strongly show the Government was indifferent to Angar’s health in violation of the 8^th Amendment.

Now….did Angar kill all those football players and cheerleaders? Were the high school students knocked out and drooling for hours? The birds looked pretty dead. If Angar took out a field full of high school students it would be comparable a small-scale Stamford, Connecticut from Civil War. Public reaction would not be good. Angar and the JV Masters of Evil would have bigger legal issues then tooth decay.

Thank You, Leonard Nimoy

By

Josh Gilliland

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February 27, 2015

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There are no words for the heartbreak I feel at the news of Leonard Nimoy’s passing.

Leonard Nimoy was an amazing human being. When I was 15, I was deathly ill and hospitalized for nearly a month due to a ruptured bowel from Crohn’s Disease. Unpleasant does not begin to describe the experience.

Nimoy sent me a get well card, long before the days of social media. My godmother contacted her sister in Beverly Hills who was florist for the stars. My godmother’s sister contacted Nimoy’s assistant (either Nimoy was a client or my godmother’s sister earned her sainthood tracking down his office), who took my story to him. Nimoy was very kind and took a few moments to send a note before leaving on a business trip.

Kindness matters. Nimoy took the time to be kind.

In 2009, Nimoy gave the keynote at Guidance’s CEIC after the release of Star Trek. I was near the front of the line after the keynote and was able to thank him for sending me a get well card in 1990. He smiled and humbly said, “I am very glad I did that.”

The man stopped me three times with questions as I tried to step away, since I did not want to hold up the 900 people behind me. At that moment, the needs of the one outweighed the needs of the many as he inquired about my life.

Nimoy will be missed. Thank you for being a wonderful person.

Live Long and Prosper.

Tony Stark vs Ant-Man: Battle Over Advertising Using Iron Man’s Likeness Without Consent

By

Josh Gilliland

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February 10, 2015

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Marvel’s Ant-Man by Nick Spencer is giant size fun that packs the strength of a comic 100 times it size.

Scott Lang takes on his greatest challenge as Ant-Man: starting a security business. Ant-Man had to face bankers to get a loan, followed by a Nazi Atomic Robot from World War II that turned its victims to gold: the Midasbot.

Actually, the Robot was the easiest challenge Ant-Man had to face in the story. Securing a loan for his business, not so much.

After successfully securing a loan from a private investor, Ant-Man launched his advertising campaign with a roadside billboard that included Iron Man giving a thumbs-up with the quote, “I’d hire him.”

No amount of Pym Particles can shrink the big issue Scott Lang created for himself: Ant-Man did not get Tony Stark’s permission to use Iron Man’s likeness to market Ant-Man’s new business. We actually see Tony Stark tell a lawyer, “Sue.”

Tony Stark’s lawyers have multiple options to sue Ant-Man. The options include suing in California, or Florida, or in Federal Court on a Federal Question, or in Federal Court on Diversity Jurisdiction. The likely choice would be a hybrid.

California Dreaming

There is a very strong argument that Ant-Man violated California’s prohibition on using someone’s likeness without their consent, even though Ant-Man is in Miami.

California’s “long arm statute” states that a California Court “may exercise jurisdiction on any basis not inconsistent with the Constitution of this state or of the United States.” Cal Code Civ Proc § 410.10.

Is a single roadside sign in Miami enough to establish personal jurisdiction over Ant-Man in California? One of Tony Stark’s lawyers would argue yes, because Ant-Man 1) knew Iron Man was in California and 2) had interviewed for a job with Tony Stark in San Francisco. This should be enough evidence to show Ant-Man purposefully available himself to the laws of California by using Iron Man’s likeness in Florida (at least according to Tony Stark’s lawyers). This is a very difficult argument to make successfully based on one sign in Miami.

Going Back to Miami

The better argument would be to sue in Federal Court either on diversity or Federal Question. Tony Stark has an excellent Federal Question: Copyright violation by using the image of Iron Man.

If in Federal Court based on copyright violation, a Federal Judge in Florida could hear the Florida state false advertising claims based on supplemental jurisdiction, because the claim is related to the copyright violation for using the image of Iron Man on the billboard, thus making it the same case or controversy under 28 USCS § 1367.

Tony Stark’s lawyers would likely prefer using California law prohibiting the use of someone’s likeness in advertising over Florida’s false advertising laws. This would require either suing in California, or going to Federal Court based on Diversity Jurisdiction, or suing over the copyright claims in Federal Court with the California claims being pendent to the copyright jurisdiction.

If a Federal Court were applying California law, or if California somehow had personal jurisdiction over Ant-Man, the relevant California law states:

(a) Any person who knowingly uses another’s name, voice, signature, photograph, or likeness, in any manner, on or in products, merchandise, or goods, or for purposes of advertising or selling, or soliciting purchases of, products, merchandise, goods or services, without such person’s prior consent, or, in the case of a minor, the prior consent of his parent or legal guardian, shall be liable for any damages sustained by the person or persons injured as a result thereof. In addition, in any action brought under this section, the person who violated the section shall be liable to the injured party or parties in an amount equal to the greater of seven hundred fifty dollars ($750) or the actual damages suffered by him or her as a result of the unauthorized use, and any profits from the unauthorized use that are attributable to the use and are not taken into account in computing the actual damages. In establishing such profits, the injured party or parties are required to present proof only of the gross revenue attributable to such use, and the person who violated this section is required to prove his or her deductible expenses. Punitive damages may also be awarded to the injured party or parties. The prevailing party in any action under this section shall also be entitled to attorney’s fees and costs.

Cal Civ Code § 3344(a).

Tony Stark could prove that 1) Iron Man’s likeness was used by Ant-Man in marketing Ant-Man’s services and 2) Ant-Man did not get Tony Stark’s consent to use Iron Man’s likeness. What is interesting would be the actual damages, which might not meet dollar requirement to be in excess of $75,000 for diversity jurisdiction to get Stark into Federal Court in Florida.

Tony Stark could at least seek the statutory amount of $750 from Scott Lang. Given Stark’s wealth and the cost of litigation that would be simple damages for the sake of revenge on a financially bankrupt Scott Lang, who is living in a toy house to save money.

If Stark could prove his actual damages for appearing on one roadside sign in Miami, the amount of damages could go up. If Stark could prove Ant-Man’s profits were attributable to the use of Iron Man’s likeness, that amount would be in addition to the damages award, minus Ant-Man’s deductible expenses.

Could Stark claim his damages to be in excess of $75,000 for Diversity Jurisdiction? Unknown, but an Extremis powered lawyer from a Big Law Firm would sure try.

One option is to focus primarily on the violation of Tony Stark’s copyright in the Iron Man armor being used on the billboard. As Federal Courts have exclusive jurisdiction over copyright claims, a Federal Court could allow the California claims as being part of the same case. (See, Fed. Treasury Enter. Sojuzplodoimport v Spirits Int’l N.V. (2010, CA2 NY) 623 F3d 61, 96 USPQ2d 1906 for exclusive jurisdiction). In Astor–Honor, Inc. v Grosset & Dunlap, Inc., it was held a Federal court had the power to hear a complaint over the alleged conspiracy to infringe on a copyright, despite there being no diversity, because it was joined with copyright claims that had a common nucleus of facts. As such, claims can be joined if “one would ordinarily be expected to try them all in one judicial proceeding.” Astor–Honor, Inc. v Grosset & Dunlap, Inc. (1971, CA2 NY) 441 F2d 627, 170 USPQ 65, 14 FR Serv 2d 1502.

In a case with copyright and contract claims where the contract claim did not meet the amount in controversy to provide diversity jurisdiction, the Federal Court could hear the contract claims because the copyright claims gave the court jurisdiction based on a Federal Question (copyright) and pendent jurisdiction over the contract claim under 28 USCS § 1338(a). Powell v Green Hill Publishers, Inc. (1989, ND Ill) 719 F Supp 743, 14 USPQ2d 1760.

Based on the above, there is a strong chance the Invincible Iron Man would be able to sue the Astonishing Ant-Man in Federal Court, in Florida, with both copyright claims and seeking relief over using Iron Man’s likeness in advertising without Tony Stark’s permission.

There are many unanswered questions regarding Ant-Man’s new business. Did he incorporate in Florida? If so, what kind of corporate entity? What kind of business insurance does a security firm require? Does Ant-Man have the required OSHA postings for his single employee? How does the Affordable Care Act impact Ant-Man’s new business? Does Ant-Man get a tax break for hiring an ex-con?

Regardless of those answers, keep up the great work Nick Spencer.

Vice Presidential Charm School for Agent Carter

By

Josh Gilliland

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February 5, 2015

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The Agent Carter episode “The Iron Ceiling,” was a joyride of a Cold War spy story. Let’s fire up the spy typewriter to decode the legal issues.

The SSR Does Law Enforcement

Agent Carter declared to Jarvis, “I am a Federal Agent.”

This statement was very important, because it demonstrated that the SSR is conducting law enforcement in the United States. While we have not seen the SSR’s post-war charter from Congress, this statement supports what we have seen so far in the series: SSR Agents responding to cases beyond the scope of the FBI.

Who Was Agent Dooley Talking To?

Chief Dooley claimed the Vice President of the United States was calling him and demanding answers on Howard Stark. One very big problem with this part of the story: the United States did NOT have a Vice President in 1946.

Harry Truman assumed the Presidency upon President Franklin Roosevelt’s death in April 1945. At that time, there was no mechanism to install a new Vice President. As such, pursuant to the Presidential Succession Act of 1886, Secretary of State James F. Byrnes would become the President, in the event of President Harry Truman’s demise. Upon President Truman’s re-election in 1948, Alben W. Barkley would become Truman’s only Vice President on Inauguration Day 1949.

The United States would have to endure the loss of President Kennedy before the 25th Amendment was ratified, allowing a President to nominate someone to hold the office of Vice President in the event of a vacancy, which then requires a majority vote in Congress to confirm that individual.

The Soviet Charm School

Agent Carter, the SSR, and the Howling Commandos, led an incursion into the Soviet Union in their pursuant of Leviathan.

The SSR found the equivalent of a spy school for little girls. It was very reminiscent of Nelson DeMille’s book “The Charm School,” where US POW’s from Vietnam were used to train Soviet spies to be Americans. The school had the same theme, except instead of using US POW’s, the girls were forced to watch and repeat Snow White.

This should serve as a warning about women who speak like Snow White.

No one likes the idea of going to boarding school, but this place would violate so many child protection laws it is not funny. You cannot 1) handcuff children to beds or 2) teach the children to snap a classmate’s neck. Definitely sent the message, “In Mother Russia, Boarding School Boards You.”

The operation in the Soviet Union was not exactly “legal.” Sending the US military into a foreign country would be an act of war. This kind of mission would royally tick off Joseph Stalin. However, given this is a spy story, this sort of “black op” mission that risks starting a war in order to avoid starting a war is truly the stuff of Cold War spy stories.

Which brings us to a graduate of the Soviet Charm School for Black Widows: Is Dottie “Fatal Attraction” Crazy? Is Dottie a rogue spy? Is Dottie working for Levithan? How did she get rid of that dude’s body under her bed?

No Mining Rights on Lothal

By

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.