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One of These Days, To the Moon!
July 20, 1969: A Man walked on the Moon.
Let’s say that again: A man walked on the Moon.
President Kennedy challenged the country to be bold. We answered the challenge, doing what had only been the stuff of dreams since Mankind first looked up at the night sky.
In honor of this significant historic event, let’s celebrate with reviewing the legal issues of sending human beings to the Moon and “Lunar Litigation.”
If I were a NASA Lawyer in the 1960s…
Presidents Kennedy, Johnson & Nixon needed lawyers for many reasons. What would a 1960’s Era NASA lawyer be concerned about?
Government Contracts: Saturn V rockets, Apollo capsules, and Lunar Landers did not build themselves. The entire contract process probably rivaled the complexity of the technical requirements to get to the Moon.
Engineers have the right stuff to design space ships, but the process to order the construction of the ships required help from attorneys.
Assumption of Risk for the Astronauts: Make sure the Astronauts understand the risk they are engaged in doing. That means an employment contract that clearly stated the risks of space flight and going to the Moon. That could include anything from exploding on the launch pad, to being trapped on the Moon, to contracting a “space virus” that could destroy the human race if returned to Earth.
Provided the Original Seven and New Nine all had military or test pilot experience, they understood the that there were risks in flight.
Insurance for the Astronauts: Develop life insurance policies for those traveling from the Earth to the Moon on a rocket that makes slightly less noise than a nuclear bomb going off.
No Keepsakes from NASA: Make sure employees and astronauts understand that hardware developed for the mission belongs to the government.
Former Astronaut Edger Mitchell tried to sell a camera used on his Apollo 14 mission. NASA sued to get it back. United States v. Mitchell, 2011 U.S. Dist. LEXIS 125844 (S.D. Fla. Oct. 3, 2011).
Eminent Domain & Project Apollo
Trailblazing to the moon has made it necessary for the United States, exercising its power of eminent domain, to acquire large tracts of land here on earth. One such acquisition included 654.43 acres owned by appellant Colton, who received as just compensation for the taking an award fixed by a jury in the United States District Court for the Middle District of Florida. The principal issue on this appeal is whether the district court erred, as the appellant contends, in disallowing evidence of enhancement in the land’s value caused by the original establishment of a space facility to which the appellant’s land was later added. We hold that this evidentiary exclusion by the district court was improper and that the judgment must be reversed.
The record before us provides an interesting account of early developments in our nation’s manned lunar landing program, accelerated in May 1961 when President Kennedy called upon Congress and the country to send an American to the moon and back before the end of the decade. The President’s challenge was accepted and, as this opinion goes to the printer, two American astronauts prepare to depart from the moon after successfully landing there and exploring the lunar surface. An initial step in the implementation of this national goal was the selection of a launch site. Officials of the National Aeronautics and Space Administration, after considering various locations, selected Cape Canaveral, Florida, now Cape Kennedy. On August 24, 1961, the Justice Department, acting upon a request by NASA Administrator James Webb, filed in the district court a complaint in condemnation describing a 72,644-acre tract of land needed for the project.
United States v. 2353.28 Acres of Land, 414 F.2d 965, 966-967 (5th Cir. Fla. 1969).
Long Before eDiscovery Cases
The instant case demonstrates once again the paradoxes within the spectrum of the practical application of the computer sciences. At its best, the computer has enabled NASA to send men on lunar missions zooming 238,857 miles into outer space so that they may land softly on the moon and return safely with pinpoint landings despite reentry speeds of 25,000 miles per hour. For computer science application at its worst, Pennsylvania’s Department of Public Welfare (DPW) could not master the less dramatic task of assuring a proper disbursement of checks to 3,502 deserving recipients in the counties of Allegheny, Dauphin, Delaware and Philadelphia.
Brower v. Wohlgemuth, 371 F. Supp. 863, 864 (E.D. Pa. 1974) [Emphasis Added].
What About Those Moon Rocks?
There have been many cases involving Moon rocks. Here is one that even included dinosaurs:
According to the presentence investigation report (“PSI”), Roberts had participated in a criminal scheme, whereby he and several co-conspirators stole lunar samples and Martian meteorites from the National Aeronautics and Space Administration’s (“NASA’s”) Johnson Space Center in Houston and transported these items in interstate commerce for the purpose of selling them and using the sale proceeds for their own enrichment. During the course of the conspiracy, Roberts and some of his co-conspirators stole a 600-pound safe containing “lunar samples from every Apollo mission that landed on the moon, documentation authenticating the lunar samples, Martian meteorites, and other items from NASA/JSC.” After transporting the lunar samples and meteorites to Florida to sell them to purported buyers, Roberts was arrested by undercover FBI agents who had been posing as the buyers. Additionally, in an unrelated case, Roberts, while working as an intern for the paleontologist department of the Utah Museum of Natural History, had possessed in his residence several items of stolen U.S. property, including dinosaur remains and other vertebrate specimens that belonged to the U.S. Bureau of Land Management, the National Forest Service, and the National Park Service.
United States v. Roberts, 155 Fed. Appx. 501, 503 (11th Cir. Fla. 2005).
There and Back Again
I look forward for us to return to the Moon and ultimately Mars. I was technically alive for the final Apollo mission with the Soviet Union. I really wish that mission instead had been used to service Skylab, so our first space station would have still been in orbit by the time Space Shuttle Columbia was launched in 1981.
One of my earliest memories was the roll-out for the Space Shuttle Columbia. My father was in charge of installing the tiles.
I saw the last two Space Shuttle launches. I was glad I could take my father back for the grand finale of the shuttle program.
It is time to leave near Earth orbit and go beyond where we left off in 1972. The Space Program is a very American adventure. It inspires us to learn science, math and more importantly, dream. It creates jobs and improves technology. Without the Space Program of the 1960s, we would not have had the Computer Revolution of the 1970s.
Fundamentally, the Space Program brings us together as a country. It is time to take another step towards the future.
Freedom & The Guns of July 1863
I was a history geek long before I was a lawyer. I spent a substantial amount of time at UC Davis studying 19th Century United States History, the diary of John Quincy Adams and the US Civil War.
150 years ago, the very concept of liberty hinged in the month of July in 1863. Here is the breakdown of key events:
July 1-3: Gettysburg
July 4: The Union victory at Vicksburg, lead by Ulysses S Grant
July 11: First Draft in the Union
July 13-16: New York Draft Riots
July 18: The Massachusetts 54th Assault on Fort Wagner
The Civil War
If we were to honor all of the fallen in the Civil War with a monument of names it would be the size of 11 Vietnam Memorials.
The Civil War was caused by eleven states that committed mass treason to nullify a Presidential Election because of their self-proclaimed “right” to own other human beings.
The order of succession was in direct inverse proportion to the population of slaves within the state. With the exception of South Carolina, each state in rebellion had pro-Union troops, making the Civil War a war within each state.
The Civil War had been 80 years in the making since the Constitutional Convention, when slavery was thought to be on the path to extinction. The invention of the cotton gin perpetuated the national sin, leading to multiple crises, from the Compromise of 1820; to the Gag Rule in the 1830s; the 1844 election of James K Polk & the Mexican-American War, which lead to the Compromise of 1850; the Dred Scott opinion in 1857 followed by John Brown & Harper’s Ferry, and finally the war itself after the first shot at Fort Sumter.
For those who argue that the Civil War was about “State’s Rights,” let’s examine the Confederate Constitution. It was nearly identical to the US Constitution, with several key differences:
The President served one six-year term and could not run for re-election;
The President had a line item veto; and
The Confederate Constitution bluntly defended slavery in Section 9(I)(4) with “No bill of attainder, ex post facto law, or law denying or impairing the right of property in negro slaves shall be passed.”
The defense of slavery was driven home with Confederate Vice President Alexander Stephens’ “Cornerstone Speech.” Stephens flatly rejected Thomas Jefferson’s Declaration of Independence that all men are created equal with the haunting statement:
Our new Government is founded upon exactly the opposite ideas; its foundations are laid, its cornerstone rests, upon the great truth that the negro is not equal to the white man; that slavery, subordination to the superior race, is his natural and normal condition.
The only property right at issue in the Civil War was the “right” to own other human beings.
There is nothing more Un-American than such a twisted belief.
And that is why men and women lined up to fight to preserve the U.S. Constitution when eleven states decided they could break the country in two when they could no longer decide the Presidency.
The Hinge of Liberty
The Civil War had not gone well for the North, often due to the lack of audacious generals and bad command decisions. July 1863 was a tipping point.
The three-day battle of Gettysburg had the same number of casualties as the seven years of the Vietnam War. The Union victory at Gettysburg could have ended the war if the Union Army had crushed the retreating Confederate Army. That did not happen. However, the South would never invade a Northern State again.
Vicksburg was another significant loss for the South.
The city would not celebrate the 4th of July again until after World War II.
Vicksburg was one of the key battles that propelled General Grant to the command of the Union Army.
Grant was not afraid to fight and had done the math that the Union outnumbered the South 4 to 1. In a war of attrition, it was only a matter of time before the North would put down the rebellion.
The first Union draft launched the largest race riot in US History in New York City. The New York Herald published the names of everyone who died at Gettysburg, followed by the names of those who had been drafted. Each were several pages long.
The Irish population in New York City exploded in three days of rioting. Up until that point, African-Americans had been racially depicted in political cartoons and lithographs as tool-welding apes. The Irish who rioted went on a killing spree, including lynching people, burning them alive and beating the faces off of police officers. The exact number of dead is not known, because of the bodies that were dumped in the river.
President Lincoln had to send in troops who had been at Gettysburg to put down the rioting with cannon and bayonet.
While New York recovered from a horrific three days, something happened that changed pubic opinion on July 18 in South Carolina.
The Massachusetts 54 was a volunteer regiment of free northern African-Americans, lead by Robert Gould Shaw. The ranks of the 54th included the sons of Fredrick Douglas. Shaw himself was the son of Bostonian abolitionists.
Despite their depiction in the film Glory, the 54th was never deprived uniforms, boots, or supplies. No one deserted. No one was whipped. Moreover, when Shaw learned that his men were to be paid less than white soldiers, it was his idea for them all not to take pay.
Colonel Shaw volunteered the 54th to lead the frontal assault on Ft. Wagner in South Carolina. Those men marched straight into Hell. From sand dunes to an uphill battle under cannon fire, those soldiers faced bullets that would tear off limbs.
The 54th lost over half their numbers. Shaw was one of them. The Confederates broke the practice of returning dead officers after the battle. Shaw was stripped naked and buried with his men in a mass grave.
The Fort was never taken by force until the Confederates abandoned it months later.
The United States did a massive about face after Ft. Wagner. The story and images of a gallant battle replaced the racist lithographs from just a week before.
William Carney of the 54th would ultimately become the first African-American to be awarded the Medal of Honor for his heroics in carrying the regimental colors.
It is important to remember that in the years leading up to the Civil War many in the North believed that African-Americans should either be returned to Africa or colonized in South America. Those unrealistic ideas vanished after Fort Wagner, because people did not see the men of the 54th as African-Americans, but as fellow Americans.
President Lincoln was able to argue that those willing to fight for their country should be able to vote in it because of the sacrifice of the Massachusetts 54th.
We should all remember the Sesquicentennial of July 1863. Thousands of Americans were killed to preserve freedom in our country.
The key events of the first 18 days of July 1863 have to be analyzed together for their significance. All are connected. The sacrifices of many ultimately would give us the 13th, 14th and 15th Amendments and the country we know today.
Bloomberg Law on Superman's Legal Duty to Save Jonathan Kent
Great video with attorney James Daily’s analysis on Superman’s legal duty to save his father in Man of Steel.
I agree with Mr. Daily’s legal analysis that Clark Kent did not have a legal duty to save his father. While that sounds extremely harsh, part of the theme in Man of Steel shows both of Clark Kent/Kal El’s fathers sacrificing themselves for their son.
From the legal point of view, Jonathan Kent made the choice himself to go back to the car to save the dog. Clark at no point started to rescue his father or left his father in a worse position, such as the classic issue of the rescue swimmer who abandons a rescue.
Check out the video to see more of Daily’s analysis.
There are many other legal issues in the film. In a prior post, I addressed the issue of Clark Kent visiting his minister in Would Superman Be Protected By the Clergy Privilege? There also would be a significant legal battle rivaling Superman and General Zod’s over insurance coverage for the destruction in Metropolis.
Vote The Legal Geeks for the ABA Journal Blawg 100
Please nominate The Legal Geeks for the ABA Journal Blawg 100.
We have had a great first year and would appreciate your vote to put us on the ABA Journal Blawg 100.
For any lawyer who is a fan of Doctor Who, Buffy the Vampire Slayer, Star Trek or John Carter of Mars, we would appreciate your vote.
There are many excellent attorney bloggers who put in significant time to share their knowledge on the subject matter they are passionate about. You can nominate multiple blogs for the list, you just need to complete a separate nomination.
Voting Information:
Blog: The Legal Geeks www.thelegalgeeks.com
Twitter: @TheLegalGeeks
Nomination Link: http://www.abajournal.com/blawgs/blawg100_submit/
Anniversary Special: Judge Paul Grewal & Judge Matthew Sciarrino On Science Fiction
What tribbles are to the Starship Enterprise, Captain Kirk, and Mr. Spock, the parties’ ever-multiplying sealing and redaction requests are to this case, Judge Koh, and the undersigned.
Magistrate Judge Paul Grewal
Apple Inc. v. Samsung Elecs. Co., 2013 U.S. Dist. LEXIS 15072 (N.D. Cal. Feb. 1, 2013).
In fact, on August 1, 2012 your tweets will be sent across the universe to a galaxy far, far away.
Judge Matthew Sciarrino
People of the State of New York v. Malcolm Harris, Docket No. 2011NY080152 (N.Y. Crim. Ct. June 30, 2012).
Jessica and I were extremely honored to have Judge Paul Grewal and Judge Matthew Sciarrino join us for our first anniversary special.
Each took time to share their favorite science fiction story, what it meant to them and the impact science fiction has had upon them.
We hope you enjoy our anniversary special. Thank you Judge Grewal and Judge Sciarrino for sharing your thoughts on science fiction.
The Legal Geeks: Year One
Thank you everyone for a very successful first year of The Legal Geeks.
Our adventure began last year when Jessica Mederson and I met over Tweeting my Bow Tie Law post Cowboys & Lawyers: Spaghetti Western eDiscovery.
Since that time, we have had a wonderful adventure across the legal issues in science fiction, comic books and pop culture.
Needless to say, I also have had a blast in going action figure and t-shirt shopping for “research.”
Rise of the Geek Lawyers
I have learned there are a substantial number of geek attorneys and in the United States. I was first alerted to this when a partner at a Big Law firm asked over lunch, “Hey, do you have the lightsaber app for your iPhone?”
How did the number of “geek” lawyers come to be?
Today, we have a substantial number of attorneys and judges from Generation X and Generation Y. We grew up with Gene Roddenberry/George Lucas/Steven Spielberg enriched childhoods. The stories from our youth that made a significant impact, from “I have been and always will be your friend” to “Throw me the idol, I’ll throw you the whip,” were truly important to many of us. We spent countless hours in the backyard with space ships and action figures. These were defining happy moments. Those memories without question would echo throughout our lives and practice of law.
So for every attorney who has considered making a Battlestar Galactica or X Files references in a points and authority, you are not alone.
Geek Discovery
The Legal Geeks has allowed me to go boldly beyond blogging about eDiscovery. In the past year, I have been able to research prenuptial agreements and the 6th Amendment right to counsel. Some of my favorite posts this year have included:
Han’s Legal Justification for Shooting Greedo First
Doctor Who & The Effect of Regenerations on the Validity of a Will
Assumption of Risk & Red Shirts on Star Trek
Jabba the Hutt & Employee Safety
Firefly & Lessons in Contract Law
I especially want to thank io9 for picking up my Firefly post and Above the Law for sharing multiple posts. I appreciate all of the Tweets and Facebook shares.
No, There is Another
Jessica Mederson is a wonderful blogging partner. A smart lawyer who has read the classic science fiction books for the last century, she was also into vampires before they were sparkling moody teenagers. Her post on judges who quoted Star Trek in opinions was brilliant and picked up by io9.
Jess has been a very good sport about podcasting in Sci Fi t-shirts and debating the finer points of legal geekdom.
We had an excellent adventure at the Paraben Forensic Innovation Conference and got to work with many other talented attorneys.
You Be The Judge
One of the greatest highlights this year has been getting to know Judge Matthew Sciarrino. He is a true civil servant who puts in long hours for the people of New York. People know of the newsworthy criminal cases he has presided over.
What the Judge does not get credit for was checking on his courthouse after the damage caused by Hurricane Sandy and performing a marriage ceremony for a couple.
No power, people struggling to get back to normal after the storm and Judge Sciarrino took the time to do something kind: performed a wedding ceremony for two people trying to get married.
Judges across the country do similar quiet good works. I have seen many local judges volunteer for the county high school mock trial tournament. There are many other examples as well. Their contributions to society are usually done without fanfare, but are not be forgotten by those they help.
In the past year, I also had the good fortune to spend time with Magistrate Judge John Facciola, moderated a panel with District Judge David Nuffer and had a blast with our anniversary podcast with Magistrate Judge Paul Grewal this year. I really cannot state how much I respect our judges. They work hard to uphold the Constitution and their service to country is very appreciated.
Oh, The Places You’ll Go
I attended the Alternative Press Expo and Big Wow! Comics Convention this year. In my opinion, attorneys attend legal conferences because they have to; people attend comic/geek conventions because they want to. I would like to find how we can make legal conferences events lawyers want to attend.
Part of the answer lies in the type of panel discussions that are held at conferences. The “geek” shows offer big names on topics and “how to” panels. While a Clarance Darrow cosplay panel would not likely be useful, focusing on how to conduct expert depositions, how to propound discovery requests for social media, or even how to balance billable hours to raising a family might be good starting points for conference organizers.
I am not sure the exact answers, but hope to have a better idea how to improve educational events for attorneys for the future.
Perhaps lawyers would like bow tie tying panel.
Your Honor, Your Honor
With due regard for Caddyshack, we were very honored to have an honorable mention by The Geekie Awards for our “fireside chat” podcast with Judge Matthew Sciarrino. I will attend the awards show on August 18 and look forward to meeting the extremely talented geek nominees and judges.
Which brings us to the ABA Journal Blawg 100. Nominations are now open and close on August 9 at 700pm EST. If you enjoy our blog, please nominate us for the ABA Journal Blawg 100.
Again, thank you for a great Year One. I look forward to Year Two.