New York Political Consultant Gerry O’Brien and I are big fans of Agents of SHIELD. Both of us share our thoughts on whether Grant Ward’s brother is alive and if they are setting Senator Christian Ward up to be the new President of the United States in the Marvel Cinematic Universe (after defeating President Ellis in a general election).
We also discuss the original Kree Captain Marvel at length and how the Mar-Vell and Colonel Yon-Rogg could be on future seasons of Agents of SHIELD.
Shopping for lawyers is hard. Many “normal” people think we lawyers want a leather bound collection of John Grisham books for Christmas.
Moreover, many Judges to this day are still getting copies of The Brethren by Bob Woodward as gifts.
Please do not give such gifts unless asked. Lawyers really do not read Latin for fun.
This might surprise many, but lawyers are just like “normal” people with hobbies. I encourage anyone shopping for a lawyer to think in terms of in arguendo, “Hey, Sarah likes sailing, I will get her a new lifejacket and gloves, because I want her safe on a boat.”
Like with anyone, think of that person’s interests. One of my favorite childhood Christmas gifts was a Star Wars AT-AT. A very meaningful recent gift was a bust of John Quincy Adams.
Here are some ideas that I think would be great Christmas Gifts for a geek lawyer:
Watches are a wonderful gift, because the wearer always associates the watch with whoever gave them the gift.
The Polaroid Z2300 Digital & Instant Camera
We live in the most photographed age in human history, but probably have the least printed photos then any other era. It is important to print, so memories are not lost when data storage changes. This camera is a nice mix that can save photos electronically and instantly print pictures.
Plus, I loved my Polaroid camera as a kid.
Hey, photographers have cool toys.
Han Solo Frozen in Carbonite Cufflinks or the Classic “I Love You,” “I Know” Set
Jelly Babies are required for any Doctor Who fan and excellent for taking the tension out of settlement negotiations or depositions.
The original Legal Geek
Socks. Lawyers need nice ones too.
Dress Shirts, because we wear them out.
Bow Ties, because Bow Ties Are Cool.
Gift giving always requires thought about the individual. Plus, lawyers can be complicated people. I hope this list gives you some ideas if your Nice List includes a lawyer.
Rogue spy agencies commit acts of vigilantism, illegally conduct foreign operations in Canada, and obviously lack a human resources department. We also learned on Agents of SHIELD that no one had read the OSHA regulations before entering an alien city in Puerto Rico that had been sealed for centuries.
Does Mack have a cause of action against Director Phil Coulson for his workplace injuries in Attilan? Would a Court find such failures to follow OSHA regulations inhuman?
Let’s examine the basic facts: Mack is lowered into a confined space that has no windows or ventilation for hundreds, if not thousands, of years. Mack did not wear any protective clothing or wear an oxygen mask while entering the unsealed and unventilated confined space. Furthermore, there was no evidence of testing the air quality of the secret city entrance, other then the mini-drones called Dwarves becoming non-operational.
Employers are to “furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees.” 29 USC 654. Ensuring that a work area has an acceptable air quality for human habitation is part of these requirements ensuring employee safety.
OSHA recognizes that “Airborne contaminants can present a significant threat to worker health and safety.” As such, testing for airborne contaminants and determining what protective equipment is necessary to ensure the safety of employees is not one to be ignored, especially in ancient alien civilizations that destroy human tissue upon the touch.
If a work environment has “substances with a high degree of hazard to the skin are known or suspected to be present, and skin contact is possible,” then an employee should be protected by wearing the following:
Pressure-demand, full-face-piece SCBA or pressure-demand supplied air respirator with escape SCBA.
Fully encapsulating, chemical resistant suit.
Inner chemical-resistant gloves.
Chemical-resistant safety boots/shoes.
Two-way radio communications.
OSHA, Air Quality, Table 8-6, Sample Protective Ensembles
Mack did not have any such protection while being lowered into Attilan.
Upon coming in contact with the floor of the alien room, Mack immediately went into physical distress, developing alien markings upon his arm, his eyes changing color, and becoming physically violent to his coworkers.
It is noble that Director Coulson had a acceptable loss rate of zero for the operation in San Juan, however, providing Mack with proper protective clothing would have helped achieve that goal.
Mack might have assumed the risk of entering Attilan, given what was known about the Diviner and its destructive power on human beings. However, that knowledge should have been a warning to the SHIELD Agents to wear the proper protective clothing before entering a confined space of alien origin with unknown air quality. A Court finding otherwise would simply be Inhuman.
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.
It’s that time of the year again, where we all think about what we’re thankful for (before we start thinking about what we want next!), so I’m here to say thanks for a great year!
Thanks to Josh, who is an awesome blogging partner whose great work on Guardians of the Galaxy (among other posts, like those on Captain America and Agents of S.H.I.E.L.D.) got us named to the ABA Journal Blawg 100 for the second year in a row (thanks, ABA Journal!).
Thanks to the geek world, which is getting better and better about giving us stories with great women. My favorite, Wonder Woman, has been around for years, but I love her as the God of War. And the new Goddess of Thunder is awesome! Even the news for future years – like the Agent Carter show and Captain Marvel movie – was exciting news this year.
And, finally, thanks to all of the family, friends, and fellow geeks out there. You make life brighter and I hope you all have a happy Thanksgiving and a wonderful holiday season!
Nothing expresses a season of thankfulness, love, and giving, like people waiting overnight in line to buy things. “Black Friday” videos of shoppers rushing into stores can look like the Normandy landing in a fight to the death for the best deal.
You almost expect people to pin letters home on their backs in case they do not survive, just like Union soldiers before Cold Harbor.
Corporate counsel at every major store probably have already issued litigation hold instructions to their records managers to save security video.
To not get me wrong, I love holiday shopping. The Stanford Shopping Center always has pretty decorations. Christmas in the Park in downtown San Jose is also fun. There is just no way on God’s Green Earth that I will go shopping on Black Friday.
How long was “Black Friday” been around? The first case with the term “Black Friday” was in 1874.
The case did not pertain to holiday shopping, but a stock market crash where parties tried to corner the market in gold in 1869, “for purposes of speculation and plunder.” Cameron v Durkheim, 55 NY 425, 438-439 [1874].
A stockbroker who was alleged to have been part of the “Black Friday” conspiracy that caused the panic of 1869 sued on defamation over the accusation. Willard v. Sun Printing & Pub. Co., 106 F. 636, 636 (C.C.D.N.Y. 1901).
The first mention in a lawsuit that “Black Friday” was a major shopping event the day after Thanksgiving was not until 2001 during a deposition. Gray v Press Communications, LLC, 342 NJ Super 1, 5-6, 775 A2d 678, 681 [Super Ct App Div 2001].
Tort cases involving Black Friday have included injuries from stepping on a skateboard; claims of excessive force by police by someone attempting to get a shopping cart; and even trademark infringement between online retailers. Doyle v. Wal-Mart Stores, Inc., 2014 U.S. Dist. LEXIS 128624, 6-7 (N.D. Okla. Sept. 15, 2014); Bannan v. City of Philadelphia, 2012 U.S. Dist. LEXIS 16353, 10 (E.D. Pa. Feb. 9, 2012); Overstock.com, Inc. v. Nomorerack.com, Inc., 2014 U.S. Dist. LEXIS 89620, 2 (D. Utah June 30, 2014).
“Black Friday” has been around for decades with people going shopping. Personally, I prefer to celebrate the day after Thanksgiving by avoiding crowds.
However, if you must go shopping, or off to enjoy a movie to see the Star Wars The Force Awakens teaser trailer, be safe in parking lots, and remember the spirit of the holiday. Having up-to-date insurance and your lawyer’s number might also be handy.
Let’s start with Alfred is awesome. The ultimate butler who can fight off three assassins and put one in the ground. The world needs more marksmen butlers.
The Gotham mid-season finale focused on three assassins hired to kill Selnia Kyle (AKA Cat) at Wayne Manor. This small “league of assassins” killed a groundskeeper at Wayne Manor, shot Alfred (just a flesh wound), murdered Dick Lovecraft, and had a gunfight with the police.
“Murder-for-hire” assassins would violate both Federal and New York. Federal law specifically states:
(a) Whoever travels in or causes another (including the intended victim) to travel in interstate or foreign commerce, or uses or causes another (including the intended victim) to use the mail or any facility of interstate or foreign commerce, with intent that a murder be committed in violation of the laws of any State or the United States as consideration for the receipt of, or as consideration for a promise or agreement to pay, anything of pecuniary value, or who conspires to do so, shall be fined under this title or imprisoned for not more than ten years, or both; and if personal injury results, shall be fined under this title or imprisoned for not more than twenty years, or both; and if death results, shall be punished by death or life imprisonment, or shall be fined not more than $ 250,000, or both.
(b) As used in this section and section 1959 [18 USCS § 1959]–
(1) “anything of pecuniary value” means anything of value in the form of money, a negotiable instrument, a commercial interest, or anything else the primary significance of which is economic advantage;
(2) “facility of interstate or foreign commerce” includes means of transportation and communication; and
(3) “State” includes a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States.
18 USCS § 1958.
The murder of Dick Lovercraft was a completed murder-for-fire and could be prosecuted under Federal and New York law.
New York law specifically prohibits conspiracy to commit murder under NY CLS Penal § 105.15. Murdering a witness to a crime with the intent to prevent the witness from testifying in a trial is first-degree murder. NY CLS Penal § 125.27(1)(a)v).
The three assassins could be prosecuted under both Federal and State law for their conspiracy to kill Selina Kyle (thus attempted murder), because there was 1) a contract to kill the minor; 2) the intent to kill Kyle was to prevent her from testifying in the Wayne murder; and 3) interstate commerce was used in someway to give Federal jurisdiction, whether it was by communication or travel.
The death of the groundskeeper would qualify as a “death” under both statutes, as the groundskeeper was murder in the furtherance of the conspiracy. His death would carry a life sentence for all of the conspirators. Alternatively, if somehow the groundskeeper’s death and body mutilation was only second degree murder viewed separate from the conspiracy, the fact an assassin shot Alfred in the arm would qualify as an injury, thus carry a 20-year sentence.