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	Comments on: &#8220;Where did you get that keychain?&#8221;	</title>
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	<link>https://www.overlawyered.com/2009/10/where-did-you-get-that-keychain/</link>
	<description>Chronicling the high cost of our legal system</description>
	<lastBuildDate>Tue, 20 Oct 2009 12:29:41 +0000</lastBuildDate>
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		<title>
		By: Shopfloor » Blog Archive &#187; How Do These FTC Regs Encourage Jobs, Economic Growth?		</title>
		<link>https://www.overlawyered.com/2009/10/where-did-you-get-that-keychain/comment-page-1/#comment-73947</link>

		<dc:creator><![CDATA[Shopfloor » Blog Archive &#187; How Do These FTC Regs Encourage Jobs, Economic Growth?]]></dc:creator>
		<pubDate>Tue, 20 Oct 2009 12:29:41 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=14251#comment-73947</guid>

					<description><![CDATA[[...] Walter Olson comments at Overlawyered.com, with a good roundup of links, as well. From &#8220;Where did you get that keychain?&#8221; Meanwhile, on Wednesday, the FTC held a conference call for reporters to dismiss concerns [...]]]></description>
			<content:encoded><![CDATA[<p>[&#8230;] Walter Olson comments at Overlawyered.com, with a good roundup of links, as well. From &#8220;Where did you get that keychain?&#8221; Meanwhile, on Wednesday, the FTC held a conference call for reporters to dismiss concerns [&#8230;]</p>
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		<title>
		By: John Burgess		</title>
		<link>https://www.overlawyered.com/2009/10/where-did-you-get-that-keychain/comment-page-1/#comment-73925</link>

		<dc:creator><![CDATA[John Burgess]]></dc:creator>
		<pubDate>Mon, 19 Oct 2009 23:51:37 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=14251#comment-73925</guid>

					<description><![CDATA[Craig: Reporters don&#039;t get (or get to keep) freebies anymore. It&#039;s been well over ten years since they could even have someone buy them lunch. At least at the major papers, taking a freebie is a firing offense, first time, no questions asked.

It may be different for TV, particularly cable TV, but I sincerely doubt it.]]></description>
			<content:encoded><![CDATA[<p>Craig: Reporters don&#8217;t get (or get to keep) freebies anymore. It&#8217;s been well over ten years since they could even have someone buy them lunch. At least at the major papers, taking a freebie is a firing offense, first time, no questions asked.</p>
<p>It may be different for TV, particularly cable TV, but I sincerely doubt it.</p>
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		<title>
		By: A.W.		</title>
		<link>https://www.overlawyered.com/2009/10/where-did-you-get-that-keychain/comment-page-1/#comment-73911</link>

		<dc:creator><![CDATA[A.W.]]></dc:creator>
		<pubDate>Mon, 19 Oct 2009 17:21:44 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=14251#comment-73911</guid>

					<description><![CDATA[Hey on a divergent point, can we use this law to get the baloon boy&#039;s parents in even deeper trouble.  i mean let&#039;s find some good in all of this.]]></description>
			<content:encoded><![CDATA[<p>Hey on a divergent point, can we use this law to get the baloon boy&#8217;s parents in even deeper trouble.  i mean let&#8217;s find some good in all of this.</p>
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		<title>
		By: Craig		</title>
		<link>https://www.overlawyered.com/2009/10/where-did-you-get-that-keychain/comment-page-1/#comment-73902</link>

		<dc:creator><![CDATA[Craig]]></dc:creator>
		<pubDate>Mon, 19 Oct 2009 15:32:53 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=14251#comment-73902</guid>

					<description><![CDATA[Are we going to get a disclaimer about product placement in movies (superman drinking a Coke)?  How about the way magazines place ads in their magazine?  Or that magazines that accept tobacco ads rarely run news items warning of smoking risks?  Or all the freebies that reporters get?  Or publicity stunts?]]></description>
			<content:encoded><![CDATA[<p>Are we going to get a disclaimer about product placement in movies (superman drinking a Coke)?  How about the way magazines place ads in their magazine?  Or that magazines that accept tobacco ads rarely run news items warning of smoking risks?  Or all the freebies that reporters get?  Or publicity stunts?</p>
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		<title>
		By: A.W.		</title>
		<link>https://www.overlawyered.com/2009/10/where-did-you-get-that-keychain/comment-page-1/#comment-73900</link>

		<dc:creator><![CDATA[A.W.]]></dc:creator>
		<pubDate>Mon, 19 Oct 2009 14:10:07 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=14251#comment-73900</guid>

					<description><![CDATA[Well, that reminds me of when I worked for a while in the Federal Public Defender’s office.  Down there the bane of that office is 18 USC 1326, if remember the cite right, unlawful entry into the United States.  Basically if we throw you out of the country and you come back, you are in a heap of trouble.  Especially if you are what is known as an aggravated felon, because then they can put you away up to 20 years.

Now look, I really want to see our immigration laws enforced.  But 20 years?  Seems a bit harsh to me.  And if you look into what counts as aggravated felony, the courts have gotten a bit too creative in that regard, covering activities that most wouldn’t consider to be violent crimes (the definition requires the crime to be either violent or drug related).  Like car theft.

Anyway, so I did some research and if you go back and look into the history of that law it is clear that the real purpose of the law was to get at the drug kingpins.  Basically they knew a lot of kingpins were illegal immigrants too and just as al capone was grabbed for tax evasion instead of being a gangster, they hoped United States Attorneys would grab these drug kingpins using this law.  They didn’t expect it to be against some poor schmuck who got in barfight and pled guilty to assault, failing to understand that it could cause him to be thrown from the country.

But guess who they usually enforce the rule against?  The drug kingpin who can afford the fancy lawyers?  Or the poor immigrants who can only get the public defenders?

So that makes me pretty leery of granting too much prosecutorial discretion.  And when we are talking about speech, the case law says that overbreadth is specifically a problem.  the chilling effect you are reporting is a problem.]]></description>
			<content:encoded><![CDATA[<p>Well, that reminds me of when I worked for a while in the Federal Public Defender’s office.  Down there the bane of that office is 18 USC 1326, if remember the cite right, unlawful entry into the United States.  Basically if we throw you out of the country and you come back, you are in a heap of trouble.  Especially if you are what is known as an aggravated felon, because then they can put you away up to 20 years.</p>
<p>Now look, I really want to see our immigration laws enforced.  But 20 years?  Seems a bit harsh to me.  And if you look into what counts as aggravated felony, the courts have gotten a bit too creative in that regard, covering activities that most wouldn’t consider to be violent crimes (the definition requires the crime to be either violent or drug related).  Like car theft.</p>
<p>Anyway, so I did some research and if you go back and look into the history of that law it is clear that the real purpose of the law was to get at the drug kingpins.  Basically they knew a lot of kingpins were illegal immigrants too and just as al capone was grabbed for tax evasion instead of being a gangster, they hoped United States Attorneys would grab these drug kingpins using this law.  They didn’t expect it to be against some poor schmuck who got in barfight and pled guilty to assault, failing to understand that it could cause him to be thrown from the country.</p>
<p>But guess who they usually enforce the rule against?  The drug kingpin who can afford the fancy lawyers?  Or the poor immigrants who can only get the public defenders?</p>
<p>So that makes me pretty leery of granting too much prosecutorial discretion.  And when we are talking about speech, the case law says that overbreadth is specifically a problem.  the chilling effect you are reporting is a problem.</p>
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		<title>
		By: Roy B		</title>
		<link>https://www.overlawyered.com/2009/10/where-did-you-get-that-keychain/comment-page-1/#comment-73899</link>

		<dc:creator><![CDATA[Roy B]]></dc:creator>
		<pubDate>Mon, 19 Oct 2009 13:59:12 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=14251#comment-73899</guid>

					<description><![CDATA[Why are they wasting our time?  They say these are not rules and they have no force in law, furthermore they will not be enforcing them.  So why were they written?  Sounds like staff have nothing to do...]]></description>
			<content:encoded><![CDATA[<p>Why are they wasting our time?  They say these are not rules and they have no force in law, furthermore they will not be enforcing them.  So why were they written?  Sounds like staff have nothing to do&#8230;</p>
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		<title>
		By: William Nuesslein		</title>
		<link>https://www.overlawyered.com/2009/10/where-did-you-get-that-keychain/comment-page-1/#comment-73864</link>

		<dc:creator><![CDATA[William Nuesslein]]></dc:creator>
		<pubDate>Sun, 18 Oct 2009 14:54:02 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=14251#comment-73864</guid>

					<description><![CDATA[Jim,

Reading bills is a catchy slogan that misses the point. Understanding the dynamics of legislation goes way beyond reading. CPSIA wonderfully will reduce lead exposure to children. Senator Murray is proud of her efforts to protect children. The problem is that incidental use of lead harms nobody. The case of the child in Minnesota smells to high heavens.

I doubt if Mrs Murray can actually understand that CPSIA has no benefit at great cost. If the legislation prohibited travel on Boeing Airplanes, her opinion might have been more rational.]]></description>
			<content:encoded><![CDATA[<p>Jim,</p>
<p>Reading bills is a catchy slogan that misses the point. Understanding the dynamics of legislation goes way beyond reading. CPSIA wonderfully will reduce lead exposure to children. Senator Murray is proud of her efforts to protect children. The problem is that incidental use of lead harms nobody. The case of the child in Minnesota smells to high heavens.</p>
<p>I doubt if Mrs Murray can actually understand that CPSIA has no benefit at great cost. If the legislation prohibited travel on Boeing Airplanes, her opinion might have been more rational.</p>
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		<title>
		By: Jim Collins		</title>
		<link>https://www.overlawyered.com/2009/10/where-did-you-get-that-keychain/comment-page-1/#comment-73810</link>

		<dc:creator><![CDATA[Jim Collins]]></dc:creator>
		<pubDate>Sat, 17 Oct 2009 13:35:43 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=14251#comment-73810</guid>

					<description><![CDATA[Intent means nothing.  It is the written law or regulattion and how it can be interpreted.   That is why the Health Reform debate is so scary.  It isn&#039;t what they intend, it is how the law is written.  This is why I can&#039;t see politicians passing legislation that they haven&#039;t read or they don&#039;t understand.]]></description>
			<content:encoded><![CDATA[<p>Intent means nothing.  It is the written law or regulattion and how it can be interpreted.   That is why the Health Reform debate is so scary.  It isn&#8217;t what they intend, it is how the law is written.  This is why I can&#8217;t see politicians passing legislation that they haven&#8217;t read or they don&#8217;t understand.</p>
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		<title>
		By: Kayak2U Blog &#187; Blog Archive &#187; &#8220;the show that never ends&#8221;		</title>
		<link>https://www.overlawyered.com/2009/10/where-did-you-get-that-keychain/comment-page-1/#comment-73797</link>

		<dc:creator><![CDATA[Kayak2U Blog &#187; Blog Archive &#187; &#8220;the show that never ends&#8221;]]></dc:creator>
		<pubDate>Sat, 17 Oct 2009 03:19:00 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=14251#comment-73797</guid>

					<description><![CDATA[[...] (You&#8217;d know the brand name in a heartbeat, but I don&#8217;t want to attract the attention of the fucking morons at the FTC) in a semi-likely spot, but will certainly have to pursue the matter further on some other day. [...]]]></description>
			<content:encoded><![CDATA[<p>[&#8230;] (You&#8217;d know the brand name in a heartbeat, but I don&#8217;t want to attract the attention of the fucking morons at the FTC) in a semi-likely spot, but will certainly have to pursue the matter further on some other day. [&#8230;]</p>
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		<title>
		By: Jane		</title>
		<link>https://www.overlawyered.com/2009/10/where-did-you-get-that-keychain/comment-page-1/#comment-73720</link>

		<dc:creator><![CDATA[Jane]]></dc:creator>
		<pubDate>Fri, 16 Oct 2009 22:26:49 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=14251#comment-73720</guid>

					<description><![CDATA[What was the f&#039;ing point of extending the language to cover bloggers if FTC had no intention of targeting bloggers. It would have been simple to phrase the revisions to include liability only for the advertisers if that was the goal.]]></description>
			<content:encoded><![CDATA[<p>What was the f&#8217;ing point of extending the language to cover bloggers if FTC had no intention of targeting bloggers. It would have been simple to phrase the revisions to include liability only for the advertisers if that was the goal.</p>
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