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Kevin
San Francisco
Full-time attorney, part-time . . . something.
Interests: bike riding, writing, litigating, conjugating, arguing about useless trivia, trans-atlantic rowing (solo), trans-atlantic rowing (as part of human pyramid), nude civil-war reenacting, team cite-checking (european summer league).
Recent Activity
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Many of you will be outside this weekend, so a little drone advice seems timely. Or maybe it's shotgun advice. Take your pick. Ars Technica reported recently that a drone operator in California had prevailed in a legal dispute with... Continue reading
Posted 3 days ago at Lowering the Bar
"Some" is probably the wrong word in that last sentence, because I'd be surprised if this has ever happened before. But it did happen recently in the federal District of Kansas, according to this order by Judge Eric Melgren (thanks,... Continue reading
Posted 4 days ago at Lowering the Bar
In last week's opinion in Obergefell v. Hodges, the U.S. Supreme Court again broke new ground and has taken an action that will be debated for years to come. It finally used the word "huh?" in an opinion. This of... Continue reading
Posted 6 days ago at Lowering the Bar
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As you likely know by now, the Supreme Court has voted 6-3 to reject a challenge to the Affordable Care Act a.k.a. Obamacare, over a strong dissent by Justice Scalia. The opinion in King v. Burwell involves important issues of... Continue reading
Posted Jun 25, 2015 at Lowering the Bar
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On Monday, the Supreme Court held in Kimble v. Marvel Entertainment that a patent holder can't charge royalties for using an invention after the patent term expires. More accurately, it established that rule in a 1964 case, and held Monday... Continue reading
Posted Jun 24, 2015 at Lowering the Bar
My friend Tim, who loves baseball and whose LinkedIn picture shows him pointing to an alligator, reports that a second jury has found the Kansas City Royals and their mascot Sluggerrr not liable for Sluggerrr hitting a fan in the... Continue reading
Posted Jun 24, 2015 at Lowering the Bar
We don't know whether the victim in this case was arguing for or against the value of higher education, but I will go ahead and speculate that it was the former. Not that I think more education makes people less... Continue reading
Posted Jun 23, 2015 at Lowering the Bar
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How many times does it have to be said? Lasers don't kill people, sharks with frickin' laser beams attached to their heads kill people. That doesn't make the laser evil. Only partly evil (Image: New Line Cinema) Wait, did someone... Continue reading
Posted Jun 22, 2015 at Lowering the Bar
Still frozen. Your next Frozen Guru Update will be in December, or sooner if he thaws out. Oh, look, Mr. (or Ms.) I Don't Remember Which Frozen Guru This Is Referring To has clicked for more details. Okay, let me... Continue reading
Posted Jun 18, 2015 at Lowering the Bar
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No California Republican has voted in favor of a state budget proposal in years, so it was a little startling when one did on Monday. He may have been the most startled of all, because he wasn't really paying attention,... Continue reading
Posted Jun 17, 2015 at Lowering the Bar
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According to the BBC's legal correspondent, Stephen Gough "almost certainly made legal history" by appearing in court "in his natural state" last week. I'm not so sure. It would certainly not have been the first time anyone has appeared naked... Continue reading
Posted Jun 16, 2015 at Lowering the Bar
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There are of course many towns that have declared themselves "nuclear-free zones," but Richmond, California, is the first one (to my knowledge) that has taken the time to call for a ban on space weapons. A minor disturbance in Richmond... Continue reading
Posted Jun 15, 2015 at Lowering the Bar
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Bring a toothbrush (Dana Gray/Caledonian Record) As a judge in Vermont warned this potential (but presumably unwilling) juror, doing this could get you a little jail time for contempt of court. That would most likely get you out of jury... Continue reading
Posted Jun 12, 2015 at Lowering the Bar
Here's one: Over dinner, CEO [redacted] directed an unwelcomed "joke" to Ms. [redacted]: "Would you rather have your female genitalia on your hand so everyone could see it, or would you rather your husband have his male genitalia on his... Continue reading
Posted Jun 10, 2015 at Lowering the Bar
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You think? The headline of this post is also the slightly understated title of this DHS Inspector General report, which notes that TSA failed to block someone on the terrorist watchlist from getting a job at an airport. And by... Continue reading
Posted Jun 9, 2015 at Lowering the Bar
The headline is "Rockland man attempts to seal court documents in domestic assault case," but the lesson is "think carefully before asking your mom to drive you to court." I'm just speculating that's what happened here, but I can't think... Continue reading
Posted Jun 8, 2015 at Lowering the Bar
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It's made with bits of real terrorist Was I being too negative the other day when I said that the TSA failed security tests 95.7% of the time? I should acknowledge that this was a 4.3% success rate. In other... Continue reading
Posted Jun 5, 2015 at Lowering the Bar
Quite a few developments lately in stories I have previously mentioned. These all deserve more words than they're getting below, but it's hard enough to keep up with the new material. The man who was charged in February with driving... Continue reading
Posted Jun 4, 2015 at Lowering the Bar
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The problem is that it was tested 70 times. Arguably, this graphic from the ABC News report is not entirely accurate, though, because failing 67 out of 70 times is actually a 95.7% failure rate, not 95%. Of course, the... Continue reading
Posted Jun 1, 2015 at Lowering the Bar
You barbarians out there who aren't hyphenating compound adjectives should take note: sometimes it makes a difference. The San Francisco Chronicle reported last week on what it called an "unusual twist" in the trial of a man charged with fraud:... Continue reading
Posted Jun 1, 2015 at Lowering the Bar
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After somehow losing a challenge to jurisdiction in Pennsylvania, of all places, the members of Led Zeppelin have now filed an answer to the complaint alleging that they stole the intro to "Stairway to Heaven." Most of the pleading is... Continue reading
Posted May 29, 2015 at Lowering the Bar
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No, it's The Onion that makes up fake news stories, not me. In this case, I barely even had to tweak the headline: Cleveland Plain Dealer Seriously. According to the report, officers of the Cleveland Division of Police (CDP) hit... Continue reading
Posted May 27, 2015 at Lowering the Bar
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Let's say you walk into a bank, go up to a teller and say something like, "Hi, I was just passing by your bank and thought I'd stop in and see if you'd be willing to give me some money.... Continue reading
Posted May 27, 2015 at Lowering the Bar
Here are some reading recommendations for the holiday weekend (this assumes, of course, that you have already read carefully and in full each of the 3,396 posts and one book that I have spewed forth to date): Former federal prosecutor... Continue reading
Posted May 22, 2015 at Lowering the Bar
You hopefully recall the case of Tamir Rice, the sixth-grader killed by a Cleveland police officer last November even though the 911 caller who reported that the boy had a gun told the dispatcher it was "probably fake." This is... Continue reading
Posted May 21, 2015 at Lowering the Bar