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#TBT: Buffy is back (from the dead)!

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I’ve been listening to the songs from Once More with Feeling a lot lately. [I’m glad La La Land helped spread some new love for musicals in Hollywood but it doesn’t hold a candle to the greatness that is Buffy’s musical episode.] And then I learned that it was twenty years ago this month that Buffy the Vampire Slayer, the TV show, began. So the signs were clear: it was time for me to write a post about my favorite geek TV show of all time.

I missed the beginning of the Buffy phenomenon, turned off both by the name (a problem I had with Jane the Virgin and My Crazy Ex-Girlfriend too, shows I’m now obsessed with) and the movie. I only caught on to the Buffy phenomenon a few years later, when I was in law school and FX started broadcasting reruns back to back. Back then–pre-DVRs, Hulu, and Netflix–reruns were the only way to catch up on a show you had otherwise missed. Once I caught up on the old ones I started watching the new episodes. And if I missed one of the new episodes, I had to go to Television Without Pity to find out what I missed. [Wow, how did we ever manage before all of these awesome new technologies that let us watch our shows whenever and wherever we want?]

Season five ended with one of the most amazing cliffhangers ever (spoiler alert!): Buffy realizes what her gift is and sacrifices herself to save her sister and the world. It was also the 100th episode of the show and the last episode on the WB so the wait to see what happened the next year on the UPN was excruciating.

Season six was criticized by many for being too dark, but I loved it. And the fact that Buffy’s death and resurrection brought us one of the most amazing Hollywood musicals ever only proves how amazing that season was. [I was just temporarily distracted by a review of the season six and it reminded me of how much I loved that season and its finale as well—Big Bad Willow was awesome! I’m also pleasantly surprised at what a true superstar Jonathon became. I loved Danny Strong’s acting on both Buffy and Gilmore Girls but I guess he’s even stronger as a writer!]

Season six was obviously about the entire Scooby Gang dealing with the ramifications of bringing Buffy back from the dead. Bringing her back was an impressive act of witchcraft by Willow, but as a legal geek, I was more interested in the logistics: What kind of paperwork does that involve?

The answer: A lot. It’s a painful process without a guaranteed solution so try to avoid this situation if at all possible (a good rule for hellmouths as well).

The usual reason a non-dead person has to deal with coming back from the dead is because their “death” was the result of a typographical error or they were declared dead in absentia. Buffy, of course, doesn’t fall into either of these categories–she actually came back from the dead and had to bust out of her own gravesite. Can’t blame her for falling into a destructive relationship with Spike after that trauma.

So what happens when you die?

“For three days after death, hair and fingernails continue to grow,
but phone calls taper off.” 
-Johnny Carson

More importantly, you get entered in the Social Security Administration’s Death Master File. Creepy as it sounds, that’s where the Social Security Administration has been keeping track of the Social Security numbers of everyone who’s died since 1980. Unfortunately, those numbers are still entered into the file by humans and sometimes errors occur, leading to people who are very much alive and well being told they are, in fact, dead.

And if your Social Security number comes up as “dead,” then you’re going to be treated like a zombie: no tax filings or refunds, no new driver’s license, rejections of any application where you’re required to provide a Social Security number. For some, it’s a brutal, years-long process that leaves them impoverished and depressed.

In addition, there can be other legal ramifications for being declared dead, especially if you were declared dead by a court in absentia. That means your estate has been disbursed, life insurance benefits paid, and Social Security disbursements made to dependents. California Probate Code Section 12408 addresses this in a section entitled “Reappearance of missing person; recovery of property; limitations of actions; order for final distribution conclusive as to parties; disputed identity of reappearing missing person.” Under that section, if you reappear you can recover assets (minus fees and costs) that are still in the possession of your estate’s personal representative. §12408(a)(1). You might be able to recover assets that have already been given to your beneficiaries, if that recovery is deemed “equitable in view of all of the circumstances.” §12408(a)(2). And if you reappear more than five years after your assets have been distributed, you’re out of luck. Id.

That’s not as bad as what happened to Donald Miller in Ohio. Declared dead by a court at the request of his ex-wife (he wasn’t paying his child support and couldn’t be found), he showed up years later and tried to be officially declared alive again. The court refused, however, explaining that under Ohio law he could only challenge a finding of death within three years of the order being entered. Miller had waited longer than that so the court told him he had to stay dead!

Presumably, the Scooby Gang was too busy fighting monsters in Sunnydale to notify the Social Security Administration about Buffy’s death – or distribute her meager assets. So all Buffy had to deal with was settling back into her old life, going through the motions as best she could:

Ah, Buffy and the Scooby Gang. It wasn’t a perfect show but it was a great show and many of its alum have gone on to make other great TV shows and movies. But there will never be another Buffy–she can only come back from the dead so many times! Next time, I’ll have to figure out what happens when a vampire regains his soul. Is there anyone tracking that?

S.H.I.E.L.D. and First Impressions

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Holy fudge!  I’m not surprised but I am thrilled that Marvel’s Agents of S.H.I.E.L.D. was so freakin’ awesome.  My first impressions (because I know y’all have been waiting for them!) are as follows:

  • I thought the premiere was a ton of fun and a great translation of the Marvel universe to the small screen.  I don’t care what the New York Times says!
  • I love that Gunn is the first guy (and first superhero) we see.  I guess he’s only guest starring (and I’ve been avoiding all spoilers so I don’t know what the long-term plan is) but I hope to see more of him.
  • Speaking of Gunn, it’s great how much Joss uses his actors again.  I was a big fan of Ron Glass in Firefly and really loved him (and his fashions) in Barney Miller, so I was thrilled to see him show up in the premiere.
  • And, finally, the ending’s homage to Back to the Future (we’re big fans of that around here) was great.  They might as well have said, “Roads?  Where we’re going, we don’t need roads.”

Bottom line: I thought the premiere was great and I can’t wait to see how the show develops.  My only question is, if Agent Coulson is still alive, is there a chance Anya is too?  I still miss her.

 

The Legal Geeks’ First Year: Oh what a year!

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Close-up of a vampire zombie in mid attack.

I can’t believe I’ve been a Legal Geek for a year already (I’ve been a dork for decades more)!  I wasn’t sure what to expect when Josh and I started this adventure last summer but I have to say it’s been more exciting than I could have anticipated.  While it’s all been great, below are some of my personal highlights from my first year as a Legal Geek:

Josh_Reading_Countdown

Meeting and working with my geeky partner, Josh.  Josh is a ton of fun and I’ve learned more from him about US Presidents than I learned in high school.  Plus, he’s one of the most creative attorneys I know (certainly far more creative than I am), so I always enjoy reading his posts!

io9!  I still remember where I was when I found out io9 was going to publish my piece on judicial opinions with Star Trek references (I was at the Dells with my little girl, who wasn’t impressed).  I’ve been a fan of io9 for a long time so it was a personal highlight to have something I wrote on that website.  Plus, I was very impressed by the judges’ creativity.

Gavel

And speaking of creative judges, I’m so glad I’ve had the opportunity to meet and talk with some great judges through this blog, especially Judge Sciarrino.  I met him at a conference in Park City and we’ve done some fun video posts together.  He’s creative, clever, and I’ve never met anyone else who knows as much about Star Wars.

Close-up of a vampire zombie in mid attack.

 

Letting my geek colors fly!  Having the opportunity to talk about some of my favorite shows, books, and movies is awesome.  I’m a huge fan of Buffy, Veronica Mars, Robert Heinlein, John Carter, Terry Pratchett, Star Trek, and many more sci-fi authors and shows.  And I know this may be hard to believe, but I don’t get to talk about this stuff much in my ordinary life.

Finally, as my friends and family know, I’m obsessed with Howard Stern and his show.  So when one of my favorite Stern Show producers actually retweeted my post – and then I got to have a brief Twitter conversation with him – I was over the moon with excitement.  Even my kids were excited for me that time!

Dr. Horrible – Gun Manufacturer

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As already established, I love Joss Whedon.  While Buffy will always be my first love, I think everything he does is great, each in its own special way.  Dr. Horrible’s Sing-Along Blog is fantastic for so many reasons, including: (1) its inspiration in the 2007-08 Writers Guild Strike; (2) its music; (3) its use of Neil Patrick Harris; and (4) Joss’s classic move of turning convetion on its head, in this case, by making the hero an insufferable stuffed shirt. (Nathan Fillion is great as Captain Hammer but he’ll always be Johnny from Two Guys, a Girl, and a Pizza Place to me, while Ryan Reynolds will always be Berg.)

Goggles

In addition to a reputation for excellence, Joss also has a well-deserved rep for killing off beloved characters.  In Dr. Horrible, of course, [SPOILER ALERT!] he killed the adorable, sweet, much loved Penny.  And while he killed her by impalement (a possible MO, per Josh, my partner in geekdom), it was as a result of the misfire of the Death Ray created by Dr. Horrible, although it was Captain Hammer who pulled the trigger.  Nevertheless, Dr. Horrible got the credit, in the eyes of the Evil League of Evil, for murdering Penny.  The question for The Legal Geeks, however, is what would the courts say about Dr. Horrible’s liability for Penny’s death?

In this situation, Dr. Horrible’s role would be similar to that of a gun manufacturer.  He created the Death Ray but he didn’t pull the trigger.  Indeed, he didn’t want Captain Hammer to pull the trigger, probably because the Death Ray was pointed directly at him at the time.  (Captain Hammer’s willingness to fire on a clearly-vanquished enemy can be compared to Captain Mal Reynold’s shooting of unarmed opponents.  This unusual willingness to have heroes act in morally grey ways is another Joss trademark, and one Josh and I discussed in comparison to George Lucas’s redo of Han Solo’s cantina gun shot.)

Death Ray

Dr. Horrible could argue that, as a gun manufacturer, he’s covered under the Protection of Lawful Commerce in Arms Act (the “PLCAA”), enacted by Congress in 2005.  This Act was passed in part to prevent lawsuits against manufactures of firearms “for the harm solely caused by the criminal or unlawful misuse of firearm products or ammunition products by others when the product functioned as designed or intended.”  This statute, which exempts manufacturers of legal, nondefective firearms from liability in products liability actions for criminal use of the firearms, would presumably not apply here for two reasons.  First, while semiautomatic assault weapons may be legal, a “death ray” is probably not a legal firearm.  Second, the death ray was presumably defective, as it misfired dramatically after a mere drop to the floor (Dr. Horrible wasn’t the best at making these weapons – the Freeze Ray didn’t work consistently either).

Assuming the PLCAA doesn’t protect him from liability, the question is whether Dr. Horrible can be held liable for the product he created.  Dr. Horrible lives in California, where the general rule is that a manufacturer can be held liable for dangerous products, although there is no duty to warn of a product’s known risks or obvious dangers.  With regard to the Death Ray, the dangers of firing it are obvious, although death by impalement would not be an obvious danger, so Dr. Horrible couldn’t use that general rule to protect him from a suit by Penny’s family.

A key question for the jury in a case brought against Dr. Horrible by Penny’s family would be whether the Death Ray failed to perform as safely as an ordinary consumer would expect when the product is used in an intended or reasonably foreseeable manner.  Firing the weapon at a bad guy (by a hero, no less) is arguably a reasonably foreseeable use of the death ray.  That same gun exploding into deadly shrapenel, however, would not be an example of a gun performing as safely as an ordinary consumer would expect, thereby making Dr. Horrible liable.

If a negligence claim was brought in addition to a products liability test, the issues would be the same, although Penny’s family would also have to prove that the defect in the death ray was caused by Dr. Horrible’s negligence.  Again, a death ray that explodes after being dropped once is a poorly designed death ray and Penny’s family would have a strong argument that Dr. Horrible was negligent in designing the death ray.

Of course, this entire discussion may be moot because, as a result of Penny’s death, Dr. Horrible became a powerful evil leader.  Captain Hammer, meanwhile, was reduced to many hours in intensive therapy and was unable to stop Dr. Horrible.  So the courts may not have the capability to impose a judgment against Dr. Horrible — making him truly judgment-proof.

The Legal Geeks Analyze Buffy the Vampire Slayer

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Attorneys Jessica Mederson and Joshua Gilliland discuss Buffy the Vampire Slayer and the possible legal issues for the fictional Sunnydale High School and highlight the creative genius of Joss Whedon. Josh also pays tribute to the geek history of his hometown, Sunnyvale, California.

High school is hell, but can Sunnydale be sued for building on top of a hellmouth?

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“From beneath you, it devours.”

High school is a rough time for most of us.  Joss Whedon took this basic truth and turned it into brilliance in  Buffy the Vampire Slayer, where high school’s metaphorical terrors turn literal.  And given that high school is hell, where better to locate a hellmouth then directly under Sunnydale High?

Big deal.  So there’s a hellmouth under Sunnydale High, so what?  Well, for parents considering sending their children there, they should know that, while Buffy attended Sunnydale High, the hellmouth was located directly under the library and even when the school was rebuilt they decided to put the hellmouth directly under the principal’s office.  And this hellmouth is not for the faint of heart.  At times there were large, octupi-like demons that would reach up into the libary out of the hellmouth (for example, in The Zeppo, one of my favorite Buffy episodes ever).  Later, under the rebuilt high school, the First Evil stocked up on uber-vampires known as Turok-Hans inside the hellmouth, preparing to take over the world.

Having such a hellmouth under the high school obviously has an impact on the safety (even the life expectancy) of students attending the school.  The question is – can somebody be held responsible for this poor design plan?  And the answer is – yes.

In California, the state in which the fictional Sunnydale High is set, a public entity such as a school can be held responsible for an injury caused by a dangerous condition of its property if you can show that: (1) the property was in a dangerous condition at the time of the injury; (2) the injury was proximately caused by the dangerous condition; (3) the dangerous condition created a reasonably foreseeable risk of the kind of injury that was incurred; (4) and either (a) a negligent or wrongful act or omission of an employee of the school created the dangerous condition within the scope of his employment , or (b) the school had actual or constructive notice of the dangerous condition a sufficient time prior to the injury to have taken measures to protect against the dangerous condition.

All of the above can certainly be established for students and staff at Sunnydale High.  The Hellmouth is certainly a dangerous condition that caused physical harm and/or death to many students and staff (for example, the great psychologist Mr. Platt).  As for the type of risk suffered (e.g., killed by werewolves, turned into sea monsters), the law does not require that the precise nature of the accident be foreseeable – just that the general character of the event should be foreseeable.  Demonic activity and bizarre metamorpheses are certainly the general types of events that could be foreseen when your school is built on top of a hellmouth.  Finally, while the residents of Sunnydale were willing to turn a blind eye to dangerous conditions that existed in the entire town, an objective outsider would argue that, at least by the end of the first season, the school had active or constructive notice of the hellmouth’s existence.

In sum, Sunnydale High turns on its head the general belief held by courts that “schools are not considered to be dangerous places per se.”  The matriculation rate at Sunnydale High had to be shockingly low, with many sad losses of students, staff, and faculty (although Harmony actually improved after death).  And a good lawyer could have made the school pay for that…assuming, of course, that Mayor Wilkins didn’t kill her first.