As one of the two resident attorney-bloggers, I thought I'd highlight two stories that made news today that might be of interest. (They're completely unrelated, but I'm keeping them in one post for those of you who wish lawyers would just crawl back under the rocks from whence we came.)
First, the Warren County grand jury indicted Michel Veillette, the French Canadian accused of killing his family in Mason, on murder charges that include death specifications. If the prosecution's theory is proven correct, and Mr. Veillette killed his wife and then set fire to his house--thus killing his children--in order to cover up the crime, then his conduct could warrant the death penalty under Ohio law. (Remember, though: an indictment is not proof of a crime. Mr. Veillette remains innocent until 12 Warren County residents unanimously agree otherwise.)
Cincinnati attorney Tim McKenna was appointed to represent Michel Veillette. I'm not sure, but I believe Mr. McKenna is qualified to handle death penalty cases (the Ohio Supreme Court has fairly strict standards governing the requisite qualifications to defend a death penalty case). But I believe the death specifications mean that there will be another attorney joining him at counsel table. Based on the stakes (life and death) and the complex analysis of the physical evidence that will be required for both sides, the trial will likely be one of the most expensive Warren County has seen in some time.
Second (and on a much lighter note), say what you will about Eric Deters (and people have said just about everything about him), he's a fearless, ingenious litigator. With Hugh Campbell (of Villa Hills, KY) and a New Orleans attorney, Mr. Deters has filed suit against the New England Patriots, asserting that they cheated during the 2002 Super Bowl. The lawyers want to represent two groups of people: the defeated St. Louis Rams, who each would have earned an additional $25,000 (plus a really nifty ring) had they won; and the nearly 73,000 fans who attended the game and who each paid $400 for a ticket.
The suit raises a number of interesting questions. First, for the players: don't they need to prove that they would have won if the Patriots hadn't cheated? If they can't prove that, then they can't prove they were "damaged" by the Pats' alleged misconduct. One of the player-plaintiffs now plays in the Arena Football League; can't he argue that if he were a Super Bowl winner, his NFL career would have been longer and his earnings higher?
Second, for the fans: assuming they're entitled to refunds because they thought they were paying to see a fair contest and instead saw a less-than-fair one (which also assumes Deters and friends can prove the cheating), are they entitled only to the face value of the ticket, or can people who bought in the secondary market (or "scalpers") recover what they actually paid? How about a class of fans who watched on TV, who wish to be compensated for the four hours they devoted to watching an unfair game? What about a class of St. Louis fans who suffered emotional distress when their beloved Rams lost?
If the Deters team survives a motion to dismiss, we should put them in the Lawyers Hall of Fame.
Friday, February 15, 2008
Michelle Obama in Over-the-Rhine
I'm just back from Music Hall. There are two lines from Ms. Obama's speech that stayed with me all the way home.
On the success (once unexpected) of the Obama campaign:
On public education:
For any of you there, what were your thoughts on the speech and the assembled crowd?
Could anyone tell: was there a teleprompter at the back of the room? I couldn't see one from my vantage point. If not, then Ms. Obama spoke for an hour from what looked like about a half-page of notes.
Also: if anyone was at Senator Clinton's invitation-only event today, please share your experience here.
On the success (once unexpected) of the Obama campaign:
I'm proud of America, because we have exceeded our own limited expectations
of ourselves. . . Hope is making an important comeback.
On public education:
When people look at me, I don't want them to see "the next First Lady of the
United States." I want them to see what an investment in public education
looks like.
For any of you there, what were your thoughts on the speech and the assembled crowd?
Could anyone tell: was there a teleprompter at the back of the room? I couldn't see one from my vantage point. If not, then Ms. Obama spoke for an hour from what looked like about a half-page of notes.
Also: if anyone was at Senator Clinton's invitation-only event today, please share your experience here.
Cincy Clear Channel Radio to be Sold?
Regulators have ruled that Clear Channel must sell all of its Cincinnati area radio stations in order for CC's sale to Bain Capital and Thomas H. Lee Partners.
What does this mean for local radio? Will a different media giant come in and start to rule the local airwaves? Will the set of stations that include heavy weights WLW, WEBN, the FOX, and 55KRC, be split up?
Is it possible that we might actually get more local radio programming, instead of the national tripe that rules most of our radio air waves?
For some insider radio debate, check here.
What does this mean for local radio? Will a different media giant come in and start to rule the local airwaves? Will the set of stations that include heavy weights WLW, WEBN, the FOX, and 55KRC, be split up?
Is it possible that we might actually get more local radio programming, instead of the national tripe that rules most of our radio air waves?
For some insider radio debate, check here.
Thursday, February 14, 2008
It's Just Us. Be Honest.
Now that the Ohio primary contest is in full gear (at least for the Democrats), are you:
a. thrilled that you will finally get to cast a meaningful vote in a presidential primary;
b. secretly annoyed that the longest presidential campaign ever just won't end, but pretending otherwise; or
c. openly indifferent to the election, since all politicians are liars anyhow?
a. thrilled that you will finally get to cast a meaningful vote in a presidential primary;
b. secretly annoyed that the longest presidential campaign ever just won't end, but pretending otherwise; or
c. openly indifferent to the election, since all politicians are liars anyhow?
Invaders at the Gate
Yesterday, Howard Wilkinson posted on the alleged support Hillary Clinton has among Republicans, on the theory that she'll be easier to beat in the general election than Barack Obama.
Assuming that's true and Republicans want Senator Clinton to be the Democratic nominee, has anyone thought about the impact that Republican voters might have in Ohio's "open" primary on the Democratic contest? In some parts of Ohio, of course, Republicans will have strong incentive to vote a Republican ballot (the Second Congressional District comes to mind, where there's a primary fight between Jean Schmidt and Tom Brinkman). In some places, though, there really won't be much going on in the way of local primaries (is the DeWine-King judicial primary really enough to keep Republican Hamilton County residents from crossing over to vote a Democratic ballot?). So what's to stop Republicans from voting a Democratic ballot in an effort to nominate Senator Clinton?
Any thoughts?
Full disclosure: I've previously noted my support--both figurative and financial--for the Obama campaign. I do not, believe, however, that "The Republicans hate Hillary" or "The Republicans think they'll beat Hillary" are reasons to vote for Obama.
Assuming that's true and Republicans want Senator Clinton to be the Democratic nominee, has anyone thought about the impact that Republican voters might have in Ohio's "open" primary on the Democratic contest? In some parts of Ohio, of course, Republicans will have strong incentive to vote a Republican ballot (the Second Congressional District comes to mind, where there's a primary fight between Jean Schmidt and Tom Brinkman). In some places, though, there really won't be much going on in the way of local primaries (is the DeWine-King judicial primary really enough to keep Republican Hamilton County residents from crossing over to vote a Democratic ballot?). So what's to stop Republicans from voting a Democratic ballot in an effort to nominate Senator Clinton?
Any thoughts?
Full disclosure: I've previously noted my support--both figurative and financial--for the Obama campaign. I do not, believe, however, that "The Republicans hate Hillary" or "The Republicans think they'll beat Hillary" are reasons to vote for Obama.
Goodbye Chelsea, Hello Michelle
Michelle Obama will attending a campaign rally on Friday, February 15, at 6:00 PM at Music Hall. Doors will open at 5:15.
The event is free.
Update: Howard Wilkinson has now posted this information on the Enquirer's Politics Extra Blog.
The event is free.
Update: Howard Wilkinson has now posted this information on the Enquirer's Politics Extra Blog.
Forgetfulness About History
Ricky Santorum today on the history of the Republican party and why John McCain is apparently a problem:
"The Republican Party was founded as the antislavery party. It was, thus, a regional party. After the Civil War, the North and Upper Midwest were Republican, the South and Southwest Democratic. With the exception of the solidly Democratic Catholic vote in the Northeast, the North was virtually a one-party region right up to the Great Depression.
All that changed after the 1960s. The Democratic Party embraced the '60s Cultural Revolution, with its hostility to the military and traditional values. The GOP pursued Richard Nixon's Southern Strategy to court Southern conservatives away from the Democratic Party. The Democratic Party became the party of George McGovern and Ted Kennedy. After some stiff resistance, the Republican Party became the party of Ronald Reagan. The upshot today: If you are a conservative, you are a Republican; if you're a liberal, you're a Democrat."
Now, what exactly was that Southern Strategy and isn't there something missing in Ricky's history lesson? I think I have found it. The Democratic Party's embrace of the "60s Cultural Revolution" included an embrace of the civil rights movement and led the GOP to pursue a racist strategy to to court white Southern conservatives away from the Democratic Party. A query for 2008 --- Will the current incarnation of the GOP employ a Southern Strategy against Barak Obama, if the Democratic Party (and this seems likely at the moment) nominates a multiracial (not that all of us are not multiracial) person of color -- a person of African descent -- to be its Presidential candidate? Will such a Southern Strategy be successful in 2008?
"The Republican Party was founded as the antislavery party. It was, thus, a regional party. After the Civil War, the North and Upper Midwest were Republican, the South and Southwest Democratic. With the exception of the solidly Democratic Catholic vote in the Northeast, the North was virtually a one-party region right up to the Great Depression.
All that changed after the 1960s. The Democratic Party embraced the '60s Cultural Revolution, with its hostility to the military and traditional values. The GOP pursued Richard Nixon's Southern Strategy to court Southern conservatives away from the Democratic Party. The Democratic Party became the party of George McGovern and Ted Kennedy. After some stiff resistance, the Republican Party became the party of Ronald Reagan. The upshot today: If you are a conservative, you are a Republican; if you're a liberal, you're a Democrat."
Now, what exactly was that Southern Strategy and isn't there something missing in Ricky's history lesson? I think I have found it. The Democratic Party's embrace of the "60s Cultural Revolution" included an embrace of the civil rights movement and led the GOP to pursue a racist strategy to to court white Southern conservatives away from the Democratic Party. A query for 2008 --- Will the current incarnation of the GOP employ a Southern Strategy against Barak Obama, if the Democratic Party (and this seems likely at the moment) nominates a multiracial (not that all of us are not multiracial) person of color -- a person of African descent -- to be its Presidential candidate? Will such a Southern Strategy be successful in 2008?
Subscribe to:
Posts (Atom)