Happy Birthday, Muggle!

Happy birthday to my sister, Jennifer, who I've learned shares a birthday with none other than Harry Potter. During all those formative years we shared, I shouldn't have treated her like a house elf, but I suppose I'm just more Dursley than Dumbledore when you come right down to it.

I'd like to complain about all the complaining in this week's Blawg Review...

Blawg celebrity David Lat, currently of the Above the Law blog and formerly of Wonkette and Under Their Robes, hosts Blawg Review #119 this week. Whether it's lawyers complaining about other lawyers or about the media, legal academics complaining about politicians, legal bloggers complaining about their readers, or lawyers-to-be complaining about everything, there's probably something in there for everyone. There's even someone with "shy bladder syndrome" who's pissed-off about urinalysis testing. If you take a look and find that there's nothing in #119 that interests you, I'm sure you can complain about it. Professor Kingsfield will host next week's edition, so I've no complaints there.

TGIS: Thank God It's Schadenfreude! (125)

This week's joy in the misfortune of others comes courtesy of the Associated Press (from Thursday, July 26; link good at time of posting):

It must have startled Dwayne Love when police in Allentown knocked on his apartment door. They were helping a bail bondsman who was looking for another man.

But Love began throwing things out a second-story window - things like a 12-gauge shotgun, five shotgun shells and nine packets of heroin.

When police knocked again, Love answered the door - and police arrested him.

Love was arraigned on weapons, drug and evidence tampering charges. He's in the Lehigh County Prison today under 50-thousand dollars bail.

[Previous TGIS]

SUN Shines Again

Back in October last year, I praised SUN's efforts to convince the SEC that Reg FD, concerning disclosures of information, should be revised to permit disclosures on corporate blogs and websites. On his blog, SUN's General Counsel, Mike Dillon, reports that discussions with the SEC have since continued and that the company will soon take another step along that path:

On Monday, we will release our financial information first to the public via our website, RSS feeds and 8-K filing. Then, about 10 minutes later, we will release the information to the traditional private agencies and their paid subscribers.

This change may not seem major, but to be candid, it has some in our company a bit uncomfortable. After all, in the area of securities regulation, being "innovative" is not always considered positively. However, in this situation, our goal is very much aligned with the intent of Reg FD.

When is a breach of contract not a breach of contract?

When one of the parties is an airline.

Wall Street Journal columnist Scott McCartney reports that for the first time in 29 years, the Department of Transportation is considering raising the paltry sum airlines must pay when they bump passengers from flights due to overbooking:

The federal agency is asking travelers to weigh in on the issue and will take comments from the public until Sept. 10. After that, it will propose a new rule, which would likely be effective next year.

Airline bumping, when passengers with confirmed reservations get left behind because of overbooking, is on the rise. In the first quarter this year, 1.45 of every 10,000 passengers were involuntarily bumped from flights on U.S. airlines, up 11% from 2006. That's a higher rate than even the late 1990s when airline service deteriorated under crowded flights and long delays, and the increase caught the DOT's attention.

"This year things have really gone in a different direction, and this is one of several consumer issues we're dealing with," said Andrew Steinberg, the DOT's assistant secretary for aviation and international affairs. Among the issues under study: congestion, delays, and passengers kept on grounded planes for extended periods.

For the record, I'm not in favor of raising the mandated compensation -- I'm in favor of doing away with it altogether and letting bumped passengers claim for breaches of contract and the actual damages which flow therefrom. Absent a government license to unilaterally disavow a contractual commitment, a breach of contract is what passenger bumping really is.

While I think that a normalization of contracts in airline travel would be advisable, I don't believe for an instant that it would be without significant cost to travelers. By allowing the airlines an essentially cost-free option to abandon their passengers when it suits their business interests to do so, the airlines have been able to, in effect, increase the supply of airline seats beyond the actual constraints of their fleets. This increased supply is reflected in lower ticket prices. Take away that artificially-inflated supply of seats and the same level of demand for air travel will result in greatly-increased ticket prices.

Would it be worth it? The airlines know that they sell more tickets (not all of which will be traveled by passengers) because fares are historically low; consumers certainly don't want to pay more than they need to. The wonderful thing about a free market, even one where normal contract rules are enforced, is that parties can strike their own bargains, taking account of their subjective considerations.

Today's budget-conscious travelers are willing to absorb staggering levels of physical discomfort in exchange for cheaper fares; business travelers whose schedules change frequently are willing to pay much higher prices for fully-refundable tickets. Similarly, if the current rules were abandoned, some travelers would be willing to accept a "bumpable" ticket if the price were right. Left to its own devices, the market will find its own level.

Much of the frustration expressed by those commenting to the DOT concerning the proposed rule change (many are quoted in McCartney's column) is not directed at the practice of passenger bumping per se, but rather at the low value placed on that privilege by the current rules. In essence, much like other government-mandated pricing, this one gets it wrong; considering the high demand by airlines for the right to bump overbooked passengers, the government has set an artificially-low price.

To raise that price, as the DOT currently is considering, might ameliorate the discrepancy somewhat (and might even get the price right in the short term), but over time the underlying problems associated with government-set pricing would reassert themselves. It's better to give up the charade and let the market work.

A man walks into a bar (exam) with a duck on his head...

The best lawyer jokes aren't told to lawyers (or behind their backs) but by them.

It's long seemed to me that we tend to find more humor (including black and tragic humor, of course) in the workings of our profession than do outsiders. As such, an edition of Blawg Review dedicated to the funnier side of the law is a great showcase; Barry Barnett has produced such a showcase with Blawg Review #118, now hosted at his Blawgletter site. From stupid criminals who chose to burglarize a police dog training facility to a touching tribute to the "average Joe who always gets demoted to 'et al.' status on patents", there's much to see in #118.

Blawg celebrity David Lat, formerly an Article III Groupie at Under Their Robes and editor at Wonkette, will host next week's edition of the carnival at his Above the Law blog.

TGIS: Thank God It's Schadenfreude! (124)

This week's joy in the misfortune of others comes courtesy of The Register (from Tuesday, July 17; link good at time of posting):

In what appears to be the first known case of its kind, the RIAA has been ordered to pay a defendant nearly $70,000 in attorney fees and costs after unsuccessfully suing for copyright infringement.

. . . .

[T]he RIAA filed suit against Deborah Foster in November 2004. Her adult daughter Amanda was added to the complaint in July 2005 when it was indicated that she had access to the internet account. Because Amanda failed to defend herself against the complaint, the RIAA won the case against her by default.

The ruling against Deborah was then amended to allege she "contributorily and/or vicariously" infringed on copyrighted recordings.

. . . .

On July 13, 2006 the Oklahoma court ordered the RIAA's claims against Foster be dismissed with prejudice and ruled she was eligible to be awarded attorneys fees. The court was skeptical that "an internet-illiterate parent, who does not know Kazaa from a kazoo" could be liable for copyright infringement committed by someone else using her internet account.

. . . .

The court eventually whittled the award down to $68,685.23 in a 14-page document which itemized her expenses.

[Previous TGIS]

Boeing Boeing: A Company of Wonderful Things

Perhaps it's just Seattle nostalgia, but I seem to be becoming a bit of a Boeing fanboy of late. Today, via Slashdot, this item from the Stuff website in New Zealand caught my eye:

Air New Zealand and airliner manufacturer Boeing are secretly working with Blenheim-based biofuel developer Aquaflow Bionomic Corporation to create the world's first environmentally friendly aviation fuel, made of wild algae.

If the project pans out the small and relatively new New Zealand company could lead the world in environmentally sustainable aviation fuel.

. . . .

The fuel is essentially derived from bacterial pond scum created through the photosynthesis of sunlight and carbon dioxide on nutrient-rich water sources such as sewage ponds.

. . . .

Virgin Fuels announced in April it was working with Boeing to demonstrate biofuel in a 747-400. The focus is on testing algae-derived jet fuel, especially its freezing point.

Boeing's Dave Daggett was reported this year as saying algae ponds totalling 34,000 square kilometres could produce enough fuel to reduce the net CO2 footprint for all of aviation to zero.

I can imagine the pre-flight announcements now -- "In the event of a water landing, please remain in your seats; we're just refueling."

No, Not THAT Kind of Criminal Lawyer!

As Austin Criminal Defense Lawyer blogger Jaime Spencer points out in his introduction to Blawg Review #117, criminal law blogs have been criminally underrepresented thus far in the carnival's history. Spencer organizes his edition around the half-dozen amendments which figure most prominently into criminal defense; highlights include freedom of speech even when no one is listening, the "Defendant is a bad guy" exception to Miranda rules, and the overcriminalization of ordinary juvenile behavior.


For a defense attorney, Spencer is a glutton for punishment; he's already volunteered to host another Blawg Review at his Austin DWI Lawyer blog. For now, though, he'll have to wait his turn; Blawgletter has the honors next week.

TGIS: Thank God It's Schadenfreude! (123)

This week's joy in the misfortune of others comes courtesy of Reuters (from Wednesday, July 11; link good at time of posting):

Teacher Dave Barclay flew thousands of miles across the Atlantic to Wales to attend his friend's wedding, only to discover he was a year early.

Barclay, 34, was told about the wedding earlier in the year and assumed it was to take place in 2007.

It was only when he had flown into Cardiff from Toronto, Canada, and rang the bridegroom seeking details of the venue that he discovered the wedding was in 2008.

"I am a year early -- yeah, my mates are loving it, aren't they," he told BBC Radio Wales.

. . . .

"At least it's assured me a mention in the speech next year," he added.

[Previous TGIS]

No Place to Go But Up

In attempting to get my daughter to do something inconsequential before heading to bed, I made the mistake of trying to pull rank:

"Why? Because I'm in charge," I said, "that's why."

"No," she replied, giggling, "you're not."

"I'm not? Yes, I am!"

"No."

"Well, if I'm not, then who is?"

"Mommy. Then me, then Puggsley. You're the low man on the toilet pole, Daddy."

UPDATE: For those of you who asked whether she really said "toilet pole", yes she did. This tells me two things: first, that she is actually listening when I make throwaway comments like so-and-so being "the low man on the totem pole"; and second, that she doesn't have a clue what a "totem" is.

Is there such a thing as a disappointing inside-the-park home run?

There is, if your name is Ichiro Suzuki. It seems that Ichiro was not entirely satisfied with his history-making trip around the bases in last night's all-star game:

I thought it was going over the fence. When it didn't, I got kind of bummed out.

Well, it's been said that each of us is our own worst critic, so I'll just let you judge Ichiro's achievement for yourselves:

A Bullpen of Davids

In his book An Army of Davids, Instapundit blogger and podcaster Professor Glenn Reynolds suggested that technology could empower the common man to effect broad changes in the world around himself. Legions of rotisserie/fantasy league baseball players believe that they can manage big-leaguers. Put the two concepts together and you might just have something.

Felix Hernandez, the Seattle Mariners' phenom, has responded to pitching criticism from the outstanding U.S.S. Mariner blog with notable results. As reported by the Deadspin blog:

The blog U.S.S. Mariner wrote an open letter to Seattle Mariners pitching coach Rafael Chavez [sic], wherein he mentions how Felix Hernandez throws way too many fastballs, a chronic condition known as Farnsworth Syndrome. Well, Chavez [sic] showed the actual letter/report to Hernandez, who heeded the advice. And it worked.

Rather than establish his fastball by throwing it a ton, Hernandez mixed in a few breaking balls against the Oakland A's en route to an eight-inning, two-hit, zero-run effort. The A's [sic] won 4-0.

In response, the U.S.S. Mariner bloggers were somewhat more modest than I would probably have been:

Now, correlation is not causation. Maybe the A’s hitters just aren’t very good, and maybe Felix is just bound to dominate line-ups like this because his stuff is off the charts.

But you know, I love seeing Felix trying something new. Its extremely encouraging that he took some information made available to him and made adjustments to improve his approach.

That Chaves was able to use the the open letter from the blog to help drive home a point he’d already been making, well, that’s just the cherry on top. But Felix deserves all the credit in the world for this. He and Chaves did the work, and they’re the ones who tossed a shutout at the A’s today. We just get to enjoy the fruits of Good Felix.

As a blogger, I'm pleased at this public acknowledgement of the knowledge on regular display in the blogosphere; as a Mariners fan, I'm just happy that something worked for the M's. With a three-games winning streak heading into the All-Star break and only a narrow margin between them and the division lead, I'm looking forward to the second half for the first time in a few years.

Blawg Review of the Year/ Might Just Be Here

Corporate Law UK stakes a worthy claim for this December's "Blawg Review of the Year" award with Blawg Review #116. As always, there are many outstanding legal posts linked in this week's issue, including a survey of several excellent British blawgs, a better-than-reasonable consideration of "reasonable endeavors", and thoughts concerning blogging anonymity and visual identity.

Notwithstanding, the true highlight of #116 is the writing itself -- the entire edition is composed in rhyming couplets and begins with this sonnet:

As lawyers we swim through a sea of words
But most faced with a poem are set adrift
To fly through language like a flock of birds
Needs appreciation of Shakespeare's gift -
The iambic pentameter is no iamb itself
But central to inclusion in every great sonnet
It's the "dum-di-dum" of poetic health
That beats like your heart and keeps you on it!
With ceisures and breaks and cool rules and stuff
I wonder should poems be more oft in law?
I guess that lawyers don't decorate with fluff
But use highlighters, ribbons and typex galore.
This English Sonnet has worked better than most
And is the first flurry of this poetic post.

Jamie Spencer certainly has his work cut out for him when he hosts Blawg Review #117 next week at his Austin Criminal Defense Lawyer blog. As but a humble Blawg Review Sherpa, I generally confine myself to suggesting a few worthy links to each week's hosts; perhaps , however, considering the quality of this week's post, I should step up with a few format suggestions as well. Jamie, I'm thinking of a YouTube-based Blawg Review composed entirely in mime....

TGIS: Thank God It's Schadenfreude! (122)

This week's joy in the misfortune of others comes courtesy of The Register (from Thursday, July 5; link good at time of posting):

A grandmother whose Victoria Sponge was honoured with runner-up spot in a village fete cake-baking contest was rather disappointed to discover she'd actually been the only competitor, the BBC reports.

Jenny Brown, 62, recounted: "My friend came over to me at the fete and said I had come second. I asked her how many more entries there had been, but she just started laughing and said I was the only one."

In fact, Brown's concoction fell foul of Wimblington Sports Committee's judges who marked her effort down "because it had indentations from the oven rack". The committee's Julie Dent explained: "The judges had an expectation and I suppose they didn't feel as though it qualified for first place."

. . . .

In case you're thinking the judges may in this case have been just a little harsh, Dent bore witness to the ruthless judging standards of competitive cake-making. "About 11 years ago I entered a show with some fruit scones. I was the only entrant but I came third," she lamented.

[Previous TGIS]

And now, in honour of Independence Day, a word from the British...

London-based blogger Nearly Legal hosts Blawg Review #115 this week. Nearly starts with a wry observation about the recent car bomb attacks in Britain:

I’m a Londoner, home and work, and, while I generally prefer people not to try to blow up bits of the city, I was heartened to note the way in which the two London attempts were stopped. Britain, or at least England, is obsessed with traffic regulations and binge drinking, these being generally viewed as bad things. One bomb attempt was prevented as a result of inebriates staggering out of a nightclub, the other by the car being towed away for illegal parking. To the drunkards and parking wardens of London, I’m proud of you.

May those drunken Londoners never sober up and may the city's traffic wardens continue to bask in a public esteem they've not enjoyed since before Lock, Stock and Two Smoking Barrels was released!

Meanwhile, the rest of us can enjoy this week's Blawg Review coverage of a blogging British Foreign Secretary, public displays of judicial underpants, and speculation as to the official legal height threshhold for dwarves. Nearly Legal also reports on England's newly-effective ban on smoking in public places but wisely refrains from predicting whether one might now reasonably anticipate a new ban on smoking in parked cars filled with gas cylinders and nails.

On July 4, 1776, Americans officially declared themselves at a loss to understand the purpose of the British monarchy and, after seeing the "highlights" of Prince William's and Prince Harry's "Concert for Diana" last evening, I suspect that this morning the British might also be wondering why they keep the royals around. Perhaps next week, when Corporate Blawg UK hosts Blawg Review #116, we'll all learn the answer to the most burning legal question in Britain this week -- does anything in the Magna Carta bar the royal family from concert promotions in the future?