The music to Guardians of the Galaxy is out of this world. What songs would you take to outer space?
Here is my list for The Legal Geeks, Vol 1.
Please share your playlist in the comments.
The Collector’s Collection of Crimes
The Collector in Guardians of the Galaxy held living beings on display in his “collection.” These beings appeared to be in a conscious stasis, because they could move around in their chambers, but were not aging. Moreover, there was no food or bathroom facilities, which implied they would not need to eat while in the chambers.
The prime evidence that those in the chambers were not aging was a Soviet space dog on display. The Soviet space dog program was conducted in the 1950s and 1960s, meaning Cosmo the space dog had been on display for 50 to 60 years.
That is a long time to wait for someone to throw a tennis ball.
The Collector did not just have a 60 year old dog who could have played fetch with Khrushchev on in his collection, but living beings. These individuals effectively would become ageless, but held in a small cell like a museum exhibit.
The Collector could be subject to the cosmic equivalent of false imprisonment, kidnapping, and torture. Given the fact the Nova Corps had similar legal definitions for theft and murder, universal laws are not limited to gravity.
False imprisonment is when a person confines a person to stay; the confided person did not consent to being retained; and the confinement was accomplished through violence or menace. CALJIC 9.60.
The Collector could be charged and convicted of false imprisonment, because those locked in the display cases were by their very nature confined. It is highly unlikely anyone consented to being on display, as evidenced by the former assistant imprisoned as an example. This is also evidence of the Collector committed acts of violence, given the condition of the former assistant. Moreover, the second assistant stated she was a “slave.”
Kidnapping under common law is the act of forcibly abducting a person from their own country and sending them to another. Black’s Law Dictionary iPad App, 9th Edition.
Living life forms who are abducted from their planet and held within the decapitated head of a Celestial would meet the common law definition of kidnapping, because they had to be removed from their planet and taken in space to the Collector’s base.
There is a strong argument that the life forms held by the Collector were “tortured” in the exhibit chambers. One legal definition of torture is causing suffering for any sadistic purpose. Cal Pen Code § 206. The Collector held “people” in glass chambers without food or any external stimuli for potentially decades or centuries. There was no way for any of them to leave their chambers. This imprisonment could be considered torture, because they were held for the Collector’s extreme obsessive compulsion to collect “people” and imprisonment them beyond their natural lifespan with no chance of escape.
The only way that kidnapping, false imprisonment, and torture could be worse would be forcing all of the prisoners to watch Howard the Duck.
The Legality of Animal Experimentation on Rocket Raccoon
Rocket Raccoon. The harsh, emotionally scarred raccoon, who just wants to be petted. Rocket was an ordinary raccoon who was experimented until he had greatly enhanced intelligence, could walk upright, and talk. No wonder he likes making weapons and inflicting pain.
Would it be legal (assuming the aliens who performed the experiments have law similar to any state in the United States) to experiment on Rocket until he was no longer an ordinary raccoon? Does giving a raccoon intelligence, speech, and bipedal movement amount to animal cruelty?
Virtually all states prohibit animal abuse and cruelty. The state of New Jersey specifically prohibits many forms of animal abuse. N.J. Stat. § 4:22-26(a)(2) specifically states that it is illegal to “Torment, torture, maim, hang, poison, unnecessarily or cruelly beat, cruelly abuse, or needlessly mutilate a living animal or creature, or cause or procure, by any direct or indirect means, including but not limited to through the use of another living animal or creature, any such acts to be done.”
As a preliminary matter, statutes prohibiting cruelty to animals that state “any living animal” have included “raccoons and any dumb living creature.” People v. Thomason, 84 Cal. App. 4th 1064, 1067 (Cal. App. 2d Dist. 2000), citing Wilkerson v. State (Fla. 1981) 401 So.2d 1110, 1111).
No cruelty of animal case with animal experimentation addresses enhancing intelligence, giving the ability to speak a human language, or opposable thumbs. The cases do speak to torture or medical tests.
In a case where a high school student performed cancer-inducing experiments conducted on live chickens, the Court held the law was NOT violated, because “whatever discomfort was experienced by the animals was only of a transitory, temporary nature and not cruelty prohibited by the statute.” New Jersey Soc. for Prevention of Cruelty to Animals v. Board of Education, 91 N.J. Super. 81, 219 A.2d 200, 1966 N.J. Super. LEXIS 581 (Cty. Ct. 1966), affirmed by 49 N.J. 15, 227 A.2d 506, 1967 N.J. LEXIS 201 (1967).
If the experiments on Rocket for simply for the sake of cruelty, thus lacking scientific value, the scientists who enhanced him would have broken the law in the United States. If however, the experiments were done in the name of science (perhaps looking for a cure for Dementia or those suffering from paraplegic injuries), the tests might be legal. The test would turn on whether Rocket’s discomfort was “transitory, temporary nature and not cruelty prohibited by the statute.” Id. However, the film Guardians of the Galaxy noted that the experiments were illegal, but not why illegal. The law could have been designed to avoid a Rise of the Planet of the Raccoons scenario and not prohibiting animal cruelty.
It is legally untested whether giving a raccoon bipedal movement and opposable thumbs would be “mutilation.” While Rocket was fundamentally altered with bionics, he went from being a wild animal to being able to function with creatures of vastly higher brain functions and abilities. However, his enhancements could be considered “mutilation,” as he was surgically altered beyond his natural state. By way of comparison, if a mad scientist give a human being duck feathers, webbed feet, a bionic duck call, and the ability to float, there is no question a Court would find that person “mutilated.”
The issue with Rocket is returning him to his natural state would effectively require lobotomizing him. Putting him through another horrific procedure would leave him in a worse condition, since he would lose the ability to speak and function in society.
The experiments on Rocket have a slight chance of being legal, however, much would depend on the nature of the experiments and whether Rocket’s suffering was transitory and temporary in nature.
Gerry O'Brien & Theodore Roosevelt, Robot Fighter
Gerry O’Brien, a New York political consultant, sat down with me to discuss his book 1901: Theodore Roosevelt, Robot Fighter.
Being a huge fan of Theodore Roosevelt, robots, and United States history, it is very hard not to love 1901 where President Lincoln picked General Benjamin Butler to be his second Vice President and a very different United States exists in the 20th Century.
Gerry walks us through the alternate history in 1901, where women control both the new film industry and finance, Cuba is a state, and President George Armstrong Custer built a transatlantic railroad.
To learn more about 1901: Theodore Roosevelt, Robot Fighter, please visit www.1901robotfighter.com
Did Nick Fury Commit Any Original Sins on His Satellite?
Marvel’s Original Sin #6 revealed an elderly Nick Fury had been killing monsters below the surface of the Earth, dangerous creatures between dimensions, and even a living planet. Fury had used Gamma enriched bullets to kill these potential (or actual) “threats.” What we do not know is whether Fury killed the Watcher.
The Secret Warrior’s Secret War
Nick Fury apparently had spent years, if not decades, conducting “black ops” well outside the normal spy craft. Moreover, Fury was operating on space station (called a satellite in the story) that was launched at an unknown date.
Spies carrying out assassinations on national threats is nothing new. Nations have used everything from exploding cigars to poison to snipers for years. Today Drones are used on Presidential “Kill Lists” to eliminate threats to United States.
What is different in Fury’s case is whether he is carrying out his “secret war” on his own or acting under someone’s orders. Ironically, Fury could have been a “secret warrior” since Franklin Roosevelt was President.
If Fury had been acting on Presidential orders dating back even to Roosevelt, or Truman, or Eisenhower, or Kennedy, his actions would be an extension of US foreign policy. If Fury was acting on his own, things get very complicated. While the nations of Earth would have plausible deniability on Fury committing potential acts of war in another plane of reality, an alien government might retaliate against Earth for Fury’s actions if caught.
Unless Fury kept Earth safe by eliminating threats.
How Did Fury’s Satellite Get in Orbit?
Nick Fury’s space station was of unknown design and origin. The big question is how did it get in orbit?
The United States has looked to space exploration since the Eisenhower years. Private space flight is a national goal for low Earth orbit. Congress has stated that “the peaceful uses of outer space continue to be of great value and to offer benefits to all mankind.” 51 USCS § 50901. Granted, using a space station to launch black ops might maintain peace, but by its very nature is not “peaceful.”
Both the United States and the former Soviet Union have deployed military assets in space. The Soviets had a military space station program, plus the traditional “spy satellites.” The US also used spy satellites, plus the various tests for the Strategic Defense Initiative, and now the X-37B for long duration surveillance from space.
Fury’s space station had to be launched at some point. The station could be built in space, but that would still require sections being launched into space.
Space flight is highly regulated, even with commercial space flight. US law gives the Secretary of Transportation the authority to “prohibit, suspend, or end immediately the launch of a launch vehicle or the operation of a launch site or reentry site, or reentry of a reentry vehicle, licensed under this chapter [51 USCS §§ 50901 et seq.] if the Secretary decides the launch or operation or reentry is detrimental to the public health and safety, the safety of property, or a national security or foreign policy interest of the United States.” 51 USCS § 50909.
It would be extremely difficult for Nick Fury to have had his space station launched in secret. Others would have to been involved with the project from construction to orbital deployment. Moreover, the United States government would have been involved in the launch of the space station, even if it was under the guise of a non-military program.
If Fury’s satellite was launched by the US government with knowledge of its mission, Fury’s black ops were likely approved by the United States. If that is the case, Fury’s mission was carried out under orders from at least one US President and followed by subsequent Presidents. This would mean Fury’s actions were conducted under the authority of the US government, thus not a crime as an extension of foreign policy or police power.
I need a lawyer…I'm going hiking.
See, I told you there were legal issues tied up in hiking. In fact, hiking and hiking trails can bring up all kinds of legal disputes. For example, lawsuits can actually be brought on behalf of the trails themselves, like one suit brought on behalf of the Appalachian Trail itself, by environmental groups trying to stop power lines from being built near the trail.
For hikers themselves, potential trespass onto private lands is often a possible risk. And it’s not just a risk for those walking along trails but those who like to kayak or canoe as part of their expeditions.
But there are lots of other legal issues that hikers need to be aware of, from what to do with wildlife and plants they encounter along the way to possible vagrancy charges, alcohol violations, and nudity restrictions (before you bath in that beautiful pond!).
Finally, it’s somehow comforting to know that the rich and famous can fight over hiking issues too. Just a few months ago, one of Oprah’s neighbors in Telluride, Colorado sued Oprah, claiming that when she brought the property this spring (for almost $11 million!) erased easements that previously existed that allowed neighbors to access the trails that cut across her property. This same neighbor was responsible for creating the easements back in 1989 so the odds are high that he will continue to fight for his right to access the trails as they cross Oprah’s property. But can anyone take down Oprah?
So have fun hiking out there, but watch out for “no trespass” signs and Oprah!
The Original Sin of Gamma Bombs & Proximate Cause
Marvel’s Original Sin limited series Hulk vs Iron Man has a simple premise: Tony Stark was paid $500,000 (Stark’s Daily Rate) and 2 Bottles of 25 year-old Scotch to conduct a “supervisory examination” of Bruce Banner’s Gamma Bomb to make it more lethal. Because of Stark’s interference, the bomb turned Bruce Banner into the Hulk (plus Rick Jones going into the test area which arguably was a superseding event).
As one can imagine, finding this out rather upset Bruce Banner. And you do not like him when he is angry. However, instead of calling his lawyer cousin Jennifer, he plotted revenge on Tony Stark.
Tony Stark’s sabotage of the bomb creates a huge issue of proximate cause on whether he (and General Ross) are responsible for creating the Hulk and thus enough damage costs to bankrupt Tony Stark.
“Proximate cause” is an act that is “legally sufficient to result in liability.” Black’s Law Dictionary App, 9th Edition. The cause must directly produce an event and would not have occurred “but for” that event. Id. Legal responsibility cannot exist in the air and “must be limited to those causes which are so closely connected with the result and of such significance that the law is justified in imposing liability.” Id., citing W. Page Keeton et al., Prosser and Keeton on Torts § 41, at 264 (5th ed. 1984).
One element of establishing liability is whether or not the harm was foreseeable. In a case where a plaintiff walked through a Navy test bombing range that was open to the public when not in use, found an unexploded bomb, took it home, struck it on the ground, which caused it to explode, the Court found liability against the Government. Duvall v. United States, 312 F. Supp. 625, 633 (E.D.N.C. 1970). The reasons for liability included that the Navy knew unexploded bombs could be carried off by those who walked through the area and a state law imposed a duty to control explosives from unauthorized possession (the case was brought under the Federal Tort Claims Act which is how the state claim was allowed against the Federal Government). Id. Moreover, New Mexico law imposes absolute liability for any damages proximately caused by explosives, which is where the Gamma Bomb was detonated. N.M. U.J.I. Civ. 13-1627.
If Tony Stark, who acted as an independent contractor hired by General Ross for the the US Government, was the proximate cause for creating the Hulk, both Stark and the US Government could be responsible for Banner’s condition AND all the damage the Hulk had created. The issue would turn on whether or not the Gamma Bomb turning Banner into the “smashing” Hulk was foreseeable. As no one had ever turned into a rampaging grey, green, or red Hulk before from Gamma Radiation, it would be very difficult to argue that Banner’s transformation was reasonably foreseeable from altering the Gamma Bomb.
Bruce Banner was employed by the US Government to build a bomb. While Banner did not want to build a a “continent killer,” General Ross was very interested in Tony Stark’s claim the bomb could be more powerful. Establishing liability for the General retaining Stark to enhance the bomb could be problematic, based on the cases barring property owners from recovering damages against the Federal government for testing nuclear weapons. See, Bartholomae Corp. v. United States, 253 F.2d 716, 718 (9th Cir. Cal. 1957). Moreover, Stark was a $500,000 a day consultant and one of the best weapons designers in the world who did his job: make the bomb more lethal. Federal law would trump any possible state law claims for Tony Stark conducting the work he was hired to perform, barring any Federal statute allowing for claims to be brought against the Government for weapons testing.
However, since Stark’s work was done without Banner’s knowledge, and if Stark’s job was to sabotage the bomb instead of improving it, these facts may negate the nuclear bomb case precedents, because those were controlled tests. If the lead scientist does not know changes had been made, addition risk is created by those altering the bomb. The fact that testing a Gamma Bomb was already an ultra-dangerous activity, making changes in secret could impose absolute liability on Tony Stark and the United States Government.
Now, the unanswered question is how General Ross could retain someone with a $500,000 daily rate without following government bidding requirements.