Spiderman Goes to the Supreme Court

December 22, 2014

The U.S. Supreme Court granted a writ of certiorari in Kimble et al. v. Marvel Enterprises, Inc., No. 13-720 on December 12, 2014, aka the Spiderman case. The plaintiffs are Tucson attorneys Steve Kimble and Bob Grabb; their involvement aside, however, the case offers a look inside the world of patent law.

Steve Kimble developed an add-on device for spraying Silly String, a la Spiderman. While he was obtaining a patent, he pitched his idea to Marvel. Its people passed, but said they would pay if they used the idea. Later, Marvel marketed what amounted to the same toy.  Litigation ensued, and there was a settlement, which included cash and royalty payments. (Bob Grabb acquired an interest in

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The Supreme Court: Secrecy and Extrajudicial Activities

December 15, 2014

Two weeks ago I read The Great Paper Caper, written for The New Yorker by Jill Lepore. Professor Lepore teaches history at Harvard, and is also a staff writer for the magazine.

The piece tells a great story about missing papers from the files of Justice Felix Frankfurter. Seemingly, through poor record-keeping and controls, someone walked the papers out the doors of the Library of Congress. (The article includes a “who’s who” of prominent men from the 1930s through the 1970s, and the story proves yet again that clerking at the U.S. Supreme Court advances careers.)

An over-arching theme of the story relates to document secrecy. The Presidential Papers Act of 1978 and the Federal Records Act of 1950

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The Court as an Echo Chamber, Etc.

December 8, 2014

“I’m taking this case all the way to the Supreme Court,” are words heard occasionally in hot contested matters, most often where the chances of that happening are nil. The words do, though, provide a jumping off place for discussing an interesting new study.

Cases get heard by the U.S. Supreme after a grant of certiorari. The word translates roughly to “to be more fully informed” and, here, being more fully informed means having the Court grant the writ, so that it can illuminate us with its wisdom.

I’m not delving into process here very much. The Court does take a limited category of cases by direct appeal (as opposed to cert), and does have original jurisdiction in

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The Very Best Gift You Can Give

December 4, 2014

‘Tis the gift-giving season, marked over the past few days by Black Friday (which starts on Thanksgiving, now), Small Business Saturday, Cyber Monday, and Giving Tuesday. Early reports say we haven’t spent adequately, at least on Black Friday. Read Black Friday Fizzles with Consumers as Sales Tumble 11% by Lauren Coleman-Lochner for Bloomberg for details.

Cyber Monday sales do continue to grow as a piece of the whole pie, and Ms. Coleman-Lochner’s piece posits that Friday spending has also fallen because consumers are confident enough to wait for better deals, and are no longer revved up by shopping on Friday. The spending/consumer confidence link is often made, though, and here’s this year’s take, in Consumers Flex Their Confidence by

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The Fish Case aka Grouper-Gate

December 1, 2014

I ran across Justices take the measure of fish case:  In Plain English for SCOTUSblog by Amy Howe, posted on November 5. (I was looking for something to write about, and while you can expect some posts about getting your estate planning in order by 12/31, that would be a snoozer for post #251.) So what’s this fish case aka Grouper-Gate about?

John Yates, a commercial fisherman, got caught with 72 little red groupers, found among 3000 or so other fish. The fish were too small to be legal. (Yes, while there are people who argue that no person is an “illegal,” a caught fish most definitely can be.) Mr. Yates only had 69 little fish when he reached

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Ferguson

November 29, 2014

The death in Ferguson was a tragedy! No matter where you stand on race, guns, law enforcement, etc., someone died.

Responsibility will not be determined in a state court criminal proceeding. The “no indictment” decision resolved that. Stay tuned, though, for a civil suit and, maybe, action in federal court under civil rights laws. Regardless, Michael Brown died, which is why Officer Darren Wilson’s answers to George Stephanopoulos’s questions bother me so much. Officer Wilson told Mr. Stephanopoulos, repeatedly, that there was nothing he would have done differently, and that the killing did not haunt him. Really? If I played a role in someone’s death I cannot imagine not questioning my options and actions forever. Forever!

I’m not discussing the

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Attorneys: A Positive Pitch

November 27, 2014

I took an oath on October 17, 1981 in Gammage Memorial Auditorium at Arizona State University, Frank Lloyd Wright’s last public building, and an amazing space. On that day, 12,904 days ago, I became a member of the State Bar of Arizona. (Quick aside:  Standing just ahead of me—and a stranger then—was future friend, law partner, and Tucson Mayor Jonathan Rothschild.)

The swearing-in ceremony was a big deal, like graduating from college and law school. Nice clothes, lots of hugs, and a good lunch at Oscar Taylor’s, back when a brick of onion rings seems like the height of haute cuisine.

What the ceremony really imparted, though, was a sense of professionalism. There were speakers and an oath-taking.

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Posner, Northwestern & Chabad

November 24, 2014

Judge Richard Posner, mentioned here before, is a Senior Judge on the 7th Circuit Court of Appeals, where he has served for almost 33 years. He still teaches at the University of Chicago, part-time, and he’s written almost 40 books and hundreds and hundreds of articles. The Journal of Legal Studies says he’s the most cited legal scholar of the 20th century.

Appellate court judges like Judge Posner are charged with making sure that in lower court proceedings, rules got followed. Months or a year or more later, they function as the instant replay. They check the trial judge, making sure he or she called things properly, and that any missed calls matter with respect

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