Category Archives: Uncategorized

Seaton: A Guide To Dollywood’s Roller Coasters For Middle Aged Men

Make sure you sit in the middle of the roller coaster when possible. This avoids the “oh shit” views from the front of the roller coaster and spares you the “whiplash effect” one notices when sitting in the back of the coaster.

Expect to wait around 30-45 minutes in line for about a 2-2:30 minute experience. It’s a theme park; what did you expect? Yes, you can buy one of those stupid “Time saver” passes if you want to be a complete douchebag about your trip.

Wooden coasters are loud and fast. Metal coasters are quieter but come with the added “benefits” of loops and steeper drops. Assess your tolerance level for such experiences before riding. Continue reading

All Rise For Judge AI

When I was asked to beta test its AI research bot, I informed a major legal research provider that it worse than sucked. It was dangerous. Not only did it hallucinate, which could be ascertained with minimal fact checking, but it conflated almost all the critical distinctions that make law work. It failed to distinguish between jurisdictions, both states and state and federal, as well as majority, concurrences and dissents. To AI, it was all the same, words about law, all of which melded into one amorphous mass of misbegotten but seemingly accurate “law.”

It will improve, I was told. Perhaps, but enough that it can be relied upon to tell us who wins and loses? Continue reading

Retaliatory Counter-Protesters Were Criminally Wrong

In anticipation of the police coming to eject their encampment, pro-Palestinian protesters put up barricades. Then, pro-Israel counter-protesters, wielding bats, pipes and boards, attacked.

Just before midnight, a large group, wearing black outfits and white masks, arrived on campus and tried to tear down the barricades surrounding the encampment.

Campers, some holding lumber and wearing goggles and helmets, rallied to defend the site’s perimeter.

Over several hours, counterdemonstrators hurled objects, including wood and a metal barrier, at the camp and those inside. Fights repeatedly broke out. Some tried to force their way into the camp, and the pro-Palestinian side used pepper spray to defend themselves. Fireworks were also launched into the camp.

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Making Trump Comply

To no one’s surprise, Justice Juan Merchan found Trump in contempt of his gag order.

This Court rejects Defendant’s arguments and finds that the People have established the elements of criminal contempt beyond a reasonable doubt as to Exhibits 2-10. This Court’s Expanded Order is lawful and unambiguous. Defendant violated the Order by making social  media posts about known witnesses pertaining to their participation in this criminal  proceeding and by making public statements about jurors in this criminal proceeding.

“Reposting,” as the court characterized it, or “Retruthing” as Trump would prefer since that will trick everyone into believing that makes it truthy, is no different than saying it sui generis. Continue reading

Tuesday Talk*: The Alternative To Bad?

After the 2 pm deadline for students to leave the Columbia University encampment passed, not much happened. President Shafik’s negotiations over the previous few days (since the last deadline) came to naught. Eventually, Columbia began suspending some students who refused to abide the university’s rules.

The alternative to bad is not necessarily good. It can always get worse.

–Scott Greenfield

You’ll never guess what happened next. Continue reading

Can PEN America Remain “Neutral”?

There was a time when an organization was formed for a purpose, usually one that transcended partisanship and stood for a principle. Think ACLU, the one that backed the right of neo-Nazis marching in Skokie despite deploring what they stood for, before it became the ACLU that supported only free speech when it supported the content of the speech. Or think PEN America.

PEN America stands at the intersection of literature and human rights to protect free expression in the United States and worldwide. We champion the freedom to write, recognizing the power of the word to transform the world. Our mission is to unite writers and their allies to celebrate creative expression and defend the liberties that make it possible.

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The Smoke of Propensity Evidence In Sex Crimes

There was an infamous line employed by the terminally insipid Nancy Grace, “where there’s smoke, there’s fire.” It was her way of saying that evidence of wrongdoing wasn’t necessary when the smell was bad.  In the New York Times, gender columnist Jessica Bennett does Grace one better.

Until Thursday, it seemed that we had entered a new age of accountability, legal and social, not just for Mr. Weinstein but also for the abusers who’d come after him. Even as the #MeToo movement fell short in some ways, the Weinstein case felt like a cultural marker — an Arthur’s sword in the stone moment, in which something irreversible happened. The monster of #MeToo had been vanquished, and it changed something about the way we understood vulnerability and power. Continue reading

Without Non-Competes, There Will Be Issues

Lina Khan was a controversial choice to head the Federal Trade Commission, and she’s shown that the controversy was justified. While the historical role of the FTC was to police the marketplace, she’s now taken the affirmative step, by a 3-2 vote of the commissioners, to ban essentially all non-compete clauses. There are two rationales for this action.

The easy prong of the ban for the F.T.C. to justify is the one that applies to nurses, hairdressers, truck drivers — actually, every kind of worker except for senior executives. For 99 percent of the American work force, the F.T.C. said, requiring workers to sign noncompete agreements as a condition of employment is “coercive and exploitative conduct.”The agency’s 570-page ruling cites articles in The Times and The Wall Street Journal in which workers came forward to say, in the F.T.C.’s words, that noncompete agreements “derailed their careers, destroyed their finances, and upended their lives.”

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Seaton: Sheriff Roy and The Mostly Peaceful Protesters

Mostly peaceful protests had come to Driftwood County. At least that’s what the six o’ clock news called them. Sheriff Roy Templeton, the highest ranking law enforcement officer in the county, wasn’t sure he agreed with that assessment.

It started when Shelly Silverberg got into an argument with Fatima Brooks during a lecture on “Ethnic hairstyles of the Middle East” at the Kendall Jenner School of Cosmetology. The simple spat over whether split ends were “halal” quickly escalated into name calling and reached a crescendo when Fatima started yelling obscenities at Shelly in Farsi.

One word Fatima uttered set the entire campus off in a fit. Continue reading

Weinstein Reversed, But Barely

In a 4-3 split, the New York conviction of Harvey Weinstein was reversed based on the trial court’s allowance of promiscuous propensity evidence against him under the guise of Molineux exceptions. Much as Weinstein was one of the most despised targets of #MeToo, four judges of the Court of Appeals, in an opinion written by Judge Jenny Rivera, held that smearing a defendant with collateral accusations bearing no relevance to the crimes with which the defendant was charged went too far. No serious criminal defense lawyer was surprised.

Under our system of justice, the accused has a right to be held to account only for the crime charged and, thus, allegations of prior bad acts may not be admitted against them for the sole purpose of establishing their propensity for criminality (see People v Molineux, 168 NY 264 [1901 ]). Nor may the prosecution use “prior convictions or proof of the prior commission of specific, criminal, vicious or immoral acts” other than to impeach the accused’s credibility (People v Sandoval, 34 NY2d 371 , 374 [ 1974]). It is our solemn duty to diligently guard these rights regardless of the crime charged, the reputation of the accused, or the pressure to convict (see Boyd v United States, 116 US 616, 635 [1886] [“It is the duty of courts to be watchful for the constitutional rights of the citizen, and against any stealthy encroachments thereon”]).

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