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Giant Houses: Impermissible?
Bill McKibben has a new essay on climate change in National Geographic, and while I have some quibbles (it may be a disservice to our forebears to sweepingly assert that global warming is "the greatest test we humans have yet faced"), it's a good overview of the problem. One line jumped out at me: "We build ever bigger homes even as our family sizes shrink..."
Because you see, yesterday I went for a walk and eventually found myself on a street where the homes skew very large. Most of them are not ostentatious, but they're big, solid houses. But there's one house under construction along that street that makes all the other homes look like shotgun shacks.
I'm guessing it's upwards of 8,000 square feet, maybe 10,000. (What's really astounding is that there's no place left on the lot to grow tomatoes.) Out front there's a construction sign with all the building permits on display. There are at least 10 permits.
The owners have paid a fee to get a permit to build a retaining wall. They've paid the fee for the permit to bulldoze a vacant lot. They've got two permits for tree removal, and a permit for keeping a dumpster on the street in front of the construction site. There is a permit for the plumbing: 10 "water closets," 6 bathtubs, 2 showers, etc.
So in principle we have a government that says that you can't alter your environment without getting permission, and that permission costs money. But -- correct me if I'm wrong -- we don't require people to get a permit to be a carbon pig.
For some people, energy costs aren't much of a factor compared to the more expensive items in daily life (jetting to the Riviera, buying art at auction, expanding the ranch at Jackson Hole, etc.). But if someone wants a Godzilla of a carbon footprint (while cutting down trees to make room for their mansion), they should have to pay for it.
Though of course this makes me realize I'm not exactly the greenest guy on the block. Excuse me while I dash out to the hardware store for some more of those compact fluorescents.
--
What to make of Sally Field last night at the Emmys? I thought she was trying to outdo her infamous "You like me!" Oscar speech. In the category, that is, of Worst Acceptance Speech Ever. She lost her train of thought for longer than it takes the Acela to go from DC to New York.
And then she got bleeped:
'Sally Field praised mothers when she won an Emmy for lead actress in a drama series but also let her anti-war sentiments surface with a God-related swear word.
'"And, let's face it, if the mothers ruled the war, there would be no (expletive) wars in the first place," Field said.'
Um, is a God-related swear word in the category of something that can't be spoken on broadcast TV? I've lost track. At some level it's kind of ludicrous for the FCC to police broadcast TV while, on cable, they're romping around buck nekkid and saying words that are extraordinarily indecorous. Have you seen "Tell Me You Love Me"? Heavens to Betsy! That's a whole different ballgame, there.
But in any case, Field should have been bleeped not for the vulgarity but for being such a space cadet.
--
Here's what I don't get about the O.J. arrest: He was in Vegas to attend the wedding of a friend. But who invites O.J. Simpson to his or her wedding? Or was this at a little roadside chapel?
I'm not saying I think he's a bad apple or anything. No. Won't go out on that limb. But I'd say his presence would be just something of a bad omen. Same way I feel about playing golf with him: You know he uses the foot wedge when no one's looking. And can't you just see him demanding all those Mulligans?
[more to come...I am going to search my O.J. file for any stories predicting that he'd wind up in the slammer on an armed robbery charge...]
--
This is where I was this weekend. And in the little town next door.
--
Here's today's water cooler story .
Lerach to Plead Guilty, Serve 1 to 2 Years
It took seven years, but prosecutors are finally on the verge of putting famed plaintiffs lawyer William Lerach in federal prison. Several people briefed on the case said Monday that Lerach and the prosecutors had agreed on a binding deal in which Lerach's lawyers would ask for a sentence of 12 months and prosecutors would seek 24 months. The agreement, said people familiar with the case, would have Lerach pay a fine of $8 million, and would get his former firm out from under the investigation.
Mukasey's Selection Seen as a Shift for White House
In naming Michael Mukasey as his third attorney general in six years, President Bush on Monday picked an outsider to run the beleaguered Justice Department for a little more than a year. The White House made that point clear in a fact sheet on Mukasey, stating that he brings to the AG position "a fresh perspective and a non-political background." In stark contrast to Alberto Gonzales, who was criticized for being too close to the president, the former New York federal judge is not a Bush confidante.
Denial of Funds to Yale Law School Upheld Over Military Recruiter Ban
Citing a 2006 U.S. Supreme Court decision finding that a government policy of withholding money to schools that bar military recruiters does not violate the First Amendment, the 2nd Circuit on Monday reversed a Connecticut federal court judge's contrary opinion and found that Yale Law School can be denied certain federal funding. The Solomon Amendment denies some federal funding to an academic institution if even one part of the institution does not allow military recruiters access to its campus.
Securities Case Before Supreme Court Has Law Firms on Edge
The hundreds of pages of arguments in the more than 30 briefs filed in what many call the most important securities case in a generation boil down to one question: Who, besides the chief actor in a securities fraud, can be sued in private securities litigation? The answer from the U.S. Supreme Court in could have major ramifications, in particular for law firms and accounting firms, but also for bankers and vendors. The Court will hear arguments in the case on Oct. 9.
With the Loss of One Laptop
Consider how you would handle one of your worst nightmares. You receive a call early in the morning and are told that the personal information of 26.5 million of your customers has been lost and potentially compromised. Cyveillance general counsel Adam Palmer and Tim McClain -- who served as GC of the Department of Veterans Affairs during a data loss crisis -- discuss some invaluable in-house counsel lessons learned from just such a crisis.
Federal Judge Tosses California's Global Warming Suit
A federal judge has dismissed California's global warming lawsuit against six automakers, saying the issues raised in the nuisance claim should be addressed by lawmakers and not the court. The state's first-of-its-kind lawsuit, filed by then-California Attorney General Bill Lockyer a year ago, sought to hold Chrysler, Ford, General Motors, Honda, Nissan and Toyota liable for the environmental harm their cars and trucks produce.
Chemerinsky's Back In as UC Irvine Law Dean
Duke Law School professor Erwin Chemerinsky has accepted an offer to become the new dean of UC Irvine's law school six days after Chancellor Michael Drake abruptly rescinded a similar offer amid political sensitivities. About 60 UCLA faculty had sent Drake an open letter criticizing his decision to rescind the offer, saying they were "deeply disturbed at the implication that outside political pressure" caused Drake to reverse his "considered decision to choose an extraordinary and well-qualified candidate."
Perkins Coie Agrees to Pay $19 Million in Malpractice Suit
A printing press maker announced last month it would receive $19 million to settle a malpractice suit arising from an anti-dumping case. Tokyo Kikai Seisakusho didn't name a law firm in its press release, but two Perkins Coie partners were named as co-defendants in the malpractice complaint. TKS filed its claim after losing a suit that forced the company to pay $31 million in damages to a competitor. The company claims it lost the case when a privileged document was negligently given to the competitor.
McCarter & English Hikes Starting Pay for First-Years to $135,000
Starting in January, first-year associates at McCarter & English will earn $135,000, an 8 percent increase over their current salary. The raise will put the firm in the company of others in northern New Jersey that have recently boosted starting salaries. McCarter usually adjusts salaries once a year but decided a midseason bump up from its $125,000 scale was needed to keep pace with high salaries at competing firms.
Squire Sanders Scores Coup in Luring Greenberg Lawyers
The chairman of Greenberg Traurig's international litigation group and another partner have bolted to the Miami office of Squire Sanders & Dempsey, the Cleveland-based firm confirms. The moves mark a watershed for Squire Sanders, which suffered an exodus in high-level attorneys when it lost five shareholders in the wake of its merger with Steel Hector & Davis. Squire Sanders attorneys view the personnel shift as a sign that its turbulence in Miami is over and disciplined expansion is on the horizon.
Federal Prosecutors Want to Shutter Public Access to Plea Agreements
The Department of Justice has asked the federal judiciary to eliminate public Internet access to plea agreements in criminal case files and all related docket notations. The judiciary currently provides public Internet access to all nonsealed plea agreements in electronic case files. This policy has been in effect since November 2004, but most courts did not implement it until they adopted an electronic case file system, typically at some point between 2005 and 2007.
Legal Malpractice Verdict Not Reduced by Firm's Contingent Fee
In an issue of first impression, Dallas' 5th Court of Appeal ruled that law firm Akin Gump could not reduce a $922,631 legal malpractice verdict against it by a 10 percent contingent fee because that "would reward its wrongdoing." However, the court held that the award should be reduced by $216,590, because attorney fees the former client paid to Akin Gump "are not recoverable as an element of damages" in a legal malpractice suit. That fees issue, according to one attorney, is "a mess in Texas."
N.Y. Judge's 'Excessive Interference' Leads Panel to Upset Verdict
For at least the 10th time, a New York court has rebuked a Manhattan Supreme Court justice for excessively interfering with the examination of witnesses during a criminal trial. In the present case, a unanimous panel of the Appellate Division, 1st Department ruled that Justice Arlene R. Silverman's "almost continuous interference" during both the defense's and the prosecution's questioning constituted reversible error, requiring the panel to throw out a guilty verdict in a felony drug-possession trial.
Bid to Unseal Files in Steroid Scandal Rejected
A federal judge has denied a motion filed by the Hearst Corp. seeking to unseal an affidavit that would reveal the names of "dozens" of professional baseball players who allegedly purchased steroids from former New York Mets batboy Kirk Radomski. "There is no tradition of public access to the names of unindicted third-parties and to specific personal identifying information where disclosure of this information is sought by the public," Eastern District of New York Judge Thomas C. Platt held.
Sprague & Sprague Asks to Quit Fumo Corruption Case; Hearing Planned
In a shocking move that could delay the corruption trial of Pennsylvania state Sen. Vincent Fumo by several months, lawyers at Sprague & Sprague on Monday sought permission to withdraw from the case. The move comes less than three weeks after the firm successfully defended its right to remain on the case in a protracted battle sparked by prosecutors' demand that Sprague & Sprague be disqualified. Sprague & Sprague attorneys offered no details in their motion as to why they are seeking to quit the case.
Nebraska State Senator Sues God
Nebraska state Sen. Ernie Chambers has filed suit against God, saying that God has made terroristic threats against him and his constituents, inspired fear and caused "widespread death, destruction and terrorization of millions upon millions of the Earth's inhabitants." Chambers, who skips morning prayers during the legislative session and often criticizes Christians, said he filed the lawsuit to show that anybody can file a lawsuit against anybody.
Name: SyroBro