Comments on: June 18 roundup

By: Supremecourtjester

Supremecourtjester — Tue, 19 Jun 2012 20:01:06 +0000

A P Herbert wrote humorous fictional law cases for Punch Magazine in the 1920s. He wrote about the jaywalking vs. motor car conflict in the case Haddock v Thwaile, where a pedestrian sues a motorist. If someone brings on to a public road a wild beast that escapes, Haddock contends, they must answer for all the damage “which is the natural consequence of its escape”.

The judge takes Haddock’s side. A motor car should in law, he pronounces, be regarded as a wild beast – a comparison made all the more apt by the size of the offending engine (45 horsepower).

What pedestrian could cope with 45 horses tethered together, galloping at full speed past a frequented crossroads? “The ordinary walking citizen cannot be expected to calculate to a nicety the speed, direction and future conduct of such monsters, for not even their own drivers can do that.”

By: Supremecourtjester

Supremecourtjester — Tue, 19 Jun 2012 19:50:58 +0000

The idea that Bush v Gore may not be a precedent that can be cited is discussed at length in this 35 page student note from Yale Law School:
http://digitalcommons.law.yale.edu/cgi/viewcontent.cgi?article=1036&context=student_papers

By: Bill Poser

Bill Poser — Tue, 19 Jun 2012 07:05:42 +0000

I’m trying to find the basis for federal authority over the sale of rabbits by a Missouri farm to a local Missouri pet shop. Another instance of the butterflies-in-Brazil interpretation of the Commerce Clause?

By: Bill Poser

Bill Poser — Tue, 19 Jun 2012 06:59:58 +0000

Let’s give credit where credit is due: the Ohio woman suing for $500 billion for her vehicle being towed is at least not asking for disproportionate punitive damages.

By: Robert

Robert — Mon, 18 Jun 2012 17:04:46 +0000

$90K fine for rabbit breeding?

Do you know you can be arrested for pimping and only face a $500 fine?

That’s then entire penalty for a TSA AGENT (!) who was caught running a prostitution ring!

Amazing that a family breeding rabbits illegally isn’t just told to “knock it off”, but a sworn federal agent who runs a prostitution ring does.

http://www.gazette.net/article/20120611/NEWS/706119952/1007/former-tsa-employee-fined-500-for-running-prostitution-ring&template=gazette

By: mojo

mojo — Mon, 18 Jun 2012 17:01:58 +0000

Boston: “Mumbles” Menino strikes again.

Sometimes I think the Mass. government suffers from “the secret fear that someone, somewhere may be enjoying themselves.”