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	Comments on: September 29 roundup	</title>
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	<link>https://www.overlawyered.com/2008/09/september-29-roundup/</link>
	<description>Chronicling the high cost of our legal system</description>
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		<title>
		By: No, they&#8217;re not &#8220;gambling devices&#8221;		</title>
		<link>https://www.overlawyered.com/2008/09/september-29-roundup/comment-page-1/#comment-39388</link>

		<dc:creator><![CDATA[No, they&#8217;re not &#8220;gambling devices&#8221;]]></dc:creator>
		<pubDate>Wed, 28 Jan 2009 11:00:29 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=7609#comment-39388</guid>

					<description><![CDATA[[...] Kentucky&#8217;s seizure of 141 offshore-casino domain names [Randazza, Citizen Media Law; earlier here, here, and [...]]]></description>
			<content:encoded><![CDATA[<p>[&#8230;] Kentucky&#8217;s seizure of 141 offshore-casino domain names [Randazza, Citizen Media Law; earlier here, here, and [&#8230;]</p>
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		<title>
		By: October 22 roundup		</title>
		<link>https://www.overlawyered.com/2008/09/september-29-roundup/comment-page-1/#comment-32785</link>

		<dc:creator><![CDATA[October 22 roundup]]></dc:creator>
		<pubDate>Wed, 22 Oct 2008 12:49:35 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=7609#comment-32785</guid>

					<description><![CDATA[[...] domains of online gambling sites, implications for everyone else [Balko, &quot;Hit and Run&quot;; earlier here and [...]]]></description>
			<content:encoded><![CDATA[<p>[&#8230;] domains of online gambling sites, implications for everyone else [Balko, &#8220;Hit and Run&#8221;; earlier here and [&#8230;]</p>
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		<title>
		By: Micah		</title>
		<link>https://www.overlawyered.com/2008/09/september-29-roundup/comment-page-1/#comment-29807</link>

		<dc:creator><![CDATA[Micah]]></dc:creator>
		<pubDate>Tue, 30 Sep 2008 15:26:38 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=7609#comment-29807</guid>

					<description><![CDATA[People backing out of real estate deals due to poltergeists is nothing new, nor is it a foreign phenomenon.  See Stambovsky v. Ackley, 169 A.D.2d 254, 572 N.Y.S.2d 672 (App. Div., 1st Dep&#039;t 1991).]]></description>
			<content:encoded><![CDATA[<p>People backing out of real estate deals due to poltergeists is nothing new, nor is it a foreign phenomenon.  See Stambovsky v. Ackley, 169 A.D.2d 254, 572 N.Y.S.2d 672 (App. Div., 1st Dep&#8217;t 1991).</p>
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		<title>
		By: Deoxy		</title>
		<link>https://www.overlawyered.com/2008/09/september-29-roundup/comment-page-1/#comment-29804</link>

		<dc:creator><![CDATA[Deoxy]]></dc:creator>
		<pubDate>Tue, 30 Sep 2008 15:03:27 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=7609#comment-29804</guid>

					<description><![CDATA[Please tell me Frank isn&#039;t being serious...  hard to tell on the internet, but I think he is.  Wow.]]></description>
			<content:encoded><![CDATA[<p>Please tell me Frank isn&#8217;t being serious&#8230;  hard to tell on the internet, but I think he is.  Wow.</p>
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		<title>
		By: Bill Poser		</title>
		<link>https://www.overlawyered.com/2008/09/september-29-roundup/comment-page-1/#comment-29748</link>

		<dc:creator><![CDATA[Bill Poser]]></dc:creator>
		<pubDate>Mon, 29 Sep 2008 16:39:29 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=7609#comment-29748</guid>

					<description><![CDATA[It is also possible that justice would be served in the Lori Drew case by private means. The parents of the girl who killed herself would seem to have a terrific case for intentional infliction of emotional distress.]]></description>
			<content:encoded><![CDATA[<p>It is also possible that justice would be served in the Lori Drew case by private means. The parents of the girl who killed herself would seem to have a terrific case for intentional infliction of emotional distress.</p>
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		<title>
		By: Bill Poser		</title>
		<link>https://www.overlawyered.com/2008/09/september-29-roundup/comment-page-1/#comment-29747</link>

		<dc:creator><![CDATA[Bill Poser]]></dc:creator>
		<pubDate>Mon, 29 Sep 2008 16:36:22 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=7609#comment-29747</guid>

					<description><![CDATA[Kentucky&#039;s attempt to seize the domain names of internet gambling sites raises a bunch of issues both of policy and of law, but there is one issue that I haven&#039;t seen discussed and therefore raised myself over at &lt;a href=&quot;http://languagelog.ldc.upenn.edu/nll/?p=641&quot; rel=&quot;nofollow&quot;&gt;Language Log&lt;/a&gt;, namely that the statute under whose authority the seizure was done appears to be inapplicable. It authorizes the seizure of &quot;gambling records&quot; and &quot;gambling devices&quot;, but domain names are neither. Can anyone explain why the court would not reject Kentucky&#039;s motion out of hand on these grounds?]]></description>
			<content:encoded><![CDATA[<p>Kentucky&#8217;s attempt to seize the domain names of internet gambling sites raises a bunch of issues both of policy and of law, but there is one issue that I haven&#8217;t seen discussed and therefore raised myself over at <a href="http://languagelog.ldc.upenn.edu/nll/?p=641" rel="nofollow">Language Log</a>, namely that the statute under whose authority the seizure was done appears to be inapplicable. It authorizes the seizure of &#8220;gambling records&#8221; and &#8220;gambling devices&#8221;, but domain names are neither. Can anyone explain why the court would not reject Kentucky&#8217;s motion out of hand on these grounds?</p>
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		<title>
		By: Xmas		</title>
		<link>https://www.overlawyered.com/2008/09/september-29-roundup/comment-page-1/#comment-29745</link>

		<dc:creator><![CDATA[Xmas]]></dc:creator>
		<pubDate>Mon, 29 Sep 2008 15:58:33 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=7609#comment-29745</guid>

					<description><![CDATA[I&#039;m still wondering if there was a better way to handle the Lori Drew case as a criminal case.  Deceitfully befriending and then publicly betraying a minor you know is suicidal just seems wrong.

It&#039;s like leaving a glassful of anti-freeze on a table after you&#039;ve been giving lime-drink to a kid for a week.  Sure, the kid should know better and not drink the anti-freeze, but who is responsible for the kid drinking it?

Jack McCoy would totally have Mrs. Drew up for 12 to 25 for depraved indifference.]]></description>
			<content:encoded><![CDATA[<p>I&#8217;m still wondering if there was a better way to handle the Lori Drew case as a criminal case.  Deceitfully befriending and then publicly betraying a minor you know is suicidal just seems wrong.</p>
<p>It&#8217;s like leaving a glassful of anti-freeze on a table after you&#8217;ve been giving lime-drink to a kid for a week.  Sure, the kid should know better and not drink the anti-freeze, but who is responsible for the kid drinking it?</p>
<p>Jack McCoy would totally have Mrs. Drew up for 12 to 25 for depraved indifference.</p>
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		<title>
		By: Todd Rogers		</title>
		<link>https://www.overlawyered.com/2008/09/september-29-roundup/comment-page-1/#comment-29743</link>

		<dc:creator><![CDATA[Todd Rogers]]></dc:creator>
		<pubDate>Mon, 29 Sep 2008 15:40:36 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=7609#comment-29743</guid>

					<description><![CDATA[Murtha Suit:
Someone remind me of the libel/slander standards again?
1)Spoke/wrote false information
2)Knew the information was false
3)Uttered false information with malice
4)Victim incurred injury as a result of utterance

Though I am one for highly liberal speech standards, I think Murtha was so grossly out of line that he needs to be sanctioned or punished in some way.]]></description>
			<content:encoded><![CDATA[<p>Murtha Suit:<br />
Someone remind me of the libel/slander standards again?<br />
1)Spoke/wrote false information<br />
2)Knew the information was false<br />
3)Uttered false information with malice<br />
4)Victim incurred injury as a result of utterance</p>
<p>Though I am one for highly liberal speech standards, I think Murtha was so grossly out of line that he needs to be sanctioned or punished in some way.</p>
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		<title>
		By: Frank		</title>
		<link>https://www.overlawyered.com/2008/09/september-29-roundup/comment-page-1/#comment-29739</link>

		<dc:creator><![CDATA[Frank]]></dc:creator>
		<pubDate>Mon, 29 Sep 2008 14:20:09 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=7609#comment-29739</guid>

					<description><![CDATA[Who even knew Hula Hoops were available to today&#039;s children?

Sorry, I can easily see the school&#039;s arguments as to potential dangers.

(The couple of rather severe injuries I received on playgrounds don&#039;t influence me, because in the long run they didn&#039;t really affect me and 45 years down the road I bear only one scar as a reminder)

First, can we all acknowledge that many, if not most schools have banned &#039;recreational running&#039; games on their playgrounds?  So running in connection with a Hula Hoop is no more than a &#039;restatement&#039; of anti-running regulations, to ensure that the children understand that running with the hoop is still running. (I think all of us likewise should acknowledge that an explanation of &#039;I wasn&#039;t running, I was chasing the hoop.&#039; is in the script and just waiting a cue.)

More dangerous indeed is the unintended use of a Hula hoop around the neck.  Sure, most of us will survive a &#039;clothesline&#039; injury without long term effect, but that&#039;s only most of us.  The temptation to grab and yank anything trailing or otherwise attached to and from a fellow student is strong in many lads.

I think this prohibition is fine and well-reasoned.]]></description>
			<content:encoded><![CDATA[<p>Who even knew Hula Hoops were available to today&#8217;s children?</p>
<p>Sorry, I can easily see the school&#8217;s arguments as to potential dangers.</p>
<p>(The couple of rather severe injuries I received on playgrounds don&#8217;t influence me, because in the long run they didn&#8217;t really affect me and 45 years down the road I bear only one scar as a reminder)</p>
<p>First, can we all acknowledge that many, if not most schools have banned &#8216;recreational running&#8217; games on their playgrounds?  So running in connection with a Hula Hoop is no more than a &#8216;restatement&#8217; of anti-running regulations, to ensure that the children understand that running with the hoop is still running. (I think all of us likewise should acknowledge that an explanation of &#8216;I wasn&#8217;t running, I was chasing the hoop.&#8217; is in the script and just waiting a cue.)</p>
<p>More dangerous indeed is the unintended use of a Hula hoop around the neck.  Sure, most of us will survive a &#8216;clothesline&#8217; injury without long term effect, but that&#8217;s only most of us.  The temptation to grab and yank anything trailing or otherwise attached to and from a fellow student is strong in many lads.</p>
<p>I think this prohibition is fine and well-reasoned.</p>
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