Talk about a wacky sticker. We’ve all seen the billboards and city benches and bumper stickers, etc., bearing advertisements from plaintiffs’ personal injury lawyers along the lines of: INJURED? You may be entitled to compensation. Call Tammy the Terminator today for a free consultation! But walking to a gym last week, I passed a car with this sticker on the rear window: INJURED? GOOD Yikes! Surely it’s a joke … I hope. If anyone recognizes the two dudes pictured, let me know. McClurg’s fifth novel, Funeral Daze, under his pen name Dorian Box, is out and getting terrific reviews. Check it out on Amazon. Praise For McClurg’s (aka Dorian Box) Latest Novel “FUNERAL DAZE by Dorian Box manages to be laugh-out-loud funny, heartwarmingly tender, and full of lively action and suspense, all at once—a thoroughly entertaining and engaging read.” — IndieReader (5 Stars; IR Seal of Approval) “Funeral Daze is a novel that takes both light and dark elements to present a fantastically engaging, emotionally resonant story in a deeply humorous and satirical fashion. Unmissable reading.” — 2023 Readers’ Favorite Silver Medal for Humor Fiction) “A hilarious page-turner that effortlessly blends 
When you come across a motion to file a box of crayons in a case seeking a writ of certiorari in the U.S. Court of Appeals for the Ninth Circuit, you just have to know more. Specifically, why are the lawyers asking “FOR LEAVE TO FILE ONE PACKET OF CRAYOLA COLORED PENCILS”? (I borrowed this from the Facebook page of a former student of mine at the Florida International University College of Law.) 
This effort to forge a license plate’s vehicle registration renewal sticker must have been art for art’s sake, because it surely had no chance of fooling anyone. Bartlett is an incorporated suburb of Memphis. The Bartlett police recently posted this picture on their Facebook feed. Give them credit for their sense of humor. “Nice try, but no,” they said. 
Help me figure out this wacky warning/instruction sign in a bed of stones that says “Do Not Mow.” Comes via a friend of a Facebook friend. Possibilities: The property owner recently redid the landscaping and replaced the grass with rocks. The property owner lacks confidence in the skill and judgment of the person or company responsible for maintaining the landscaping. The property owner’s lawyer is one of my former Torts students to whom I taught the adage, “Tort law is a world where everything that can go wrong does.” 
“Criminal,” the highly rated podcast of true crime stories run by former NPR reporters, interviewed me for its newest episode called “Mantrap.” It addresses civil liability for harm caused by deadly booby traps set to protect uninhabited property. Here’s a link to the website podcast and here’s a link to all of the links where the podcast can be heard (e.g., Spotify, Google Play, iTunes, etc.). My contribution involved one of my favorite tort law cases, Katko v. Briney, the infamous Iowa spring-gun case. Plaintiff Marvin Katko broke into Ed and Bertha Briney’s uninhabited farmhouse in Eddyville, Iowa, in search of old jars and bottles he considered to 
At lawhaha.com, we love what we call “rolling torts,” also known as “accidents waiting to happen.” A rolling tort consists of an effort to move large objects via a vehicle in a way that creates an unreasonable danger to other motorists. Courtesy of a former student, here we find a valiant effort to transport a full-size washer and dryer with a compact car. To the driver’s credit, the elaborate straps show a solid effort to arrive at the destination without disaster. More rolling torts can be found scattered through these pages, including here, here, and here. 
“Eminent domain” is the power of federal and state governments to “take” private property for public use. In 1879, the U.S. Supreme Court held that the power “requires no constitutional recognition” because it is an inherent power of sovereign governments. But governments can’t just take your property without paying for it. The Fifth Amendment to the United States Constitution provides that no private property can be taken for “without just compensation.” Here’s a good history of it. The Fifth Amendment eminent domain clause is often called “the taking clause,” for obvious reasons. While it only applies to federal actions, all states provide for the power of eminent domain in 
Can you figure out all the things this sign is trying to tell you? Pictorial or graphic warning and instruction signs and labels are intended to be universally understood. That’s why they exist. There are roughly 6,500 different languages on this planet and space limitations, among other concerns, limit the ability to use multiple languages to explain warnings and instructions. Many product makers and public space operators do use multiple languages in their warnings, but they generally stick to a few top choices, usually selected by anticipated regional audiences. Dual English and Spanish warnings, for example, are common in the U.S. The problem is that it’s difficult to 
I have a judge friend who’s a stickler for grammar. Today, she sent this little gem along: If you ever doubted the importance of the correct placement of prepositional phrases to the meaning of a sentence … The following is drawn from a motion sent to me today: “More significantly, the Husband attempted to drive a vehicle with the minor children in a clearly intoxicated state ….” Oh my, let’s hope not! 
An important rule for young lawyers to know is that it’s essential to counsel clients to wear appropriate attire to court hearings. Sometimes clients will come to court, for example, without wearing a suit or tie, but only in Zoom land, and possibly Florida, would a client show up bare-chested and wearing only a bathing suit. A Florida judge friend received an abject apology from an attorney after her client “showed up” for his final divorce hearing (via Zoom) so attired. The lawyer assured the judge that they always go over with clients the appropriate attire for court hearings. To her credit, the judge took it all in stride, responding 
We love wacky product warnings at lawhaha.com, but as a Torts and Products Liability professor, I’ve never been a fan of product sellers trying to be funny in their product warnings or instructions. See, for example, here, here, and here. But I concede that these “Guarantees” for a foam boogie board are pretty cute, including that it is guaranteed “to be unsafe in some way if you really work at it.” 
This is one of those warnings that may sound silly, but really isn’t. I wouldn’t be surprised if a whole lot of people have tried to use kitty litter as a traction aid for icy walkways: Do not use this product as a traction aid because product becomes slippery and slick when wet. I ding the seller one point for being redundant because “slippery” and “slick” are the same thing, but not a bad warning. I have a bigger problem with the instructional photos. Does people really need illustrations to show how to pour cat litter?
NOT Black’s Law Dictionary From the cold lands of Minnesota, comes lawyer Adam Johnson and his work-in-progress satirical legal dictionary found here, titled Deuce-Ace’s Law Dictionary.” It contains helpful definitions like this one: adultery. 1. to act upon instinct. 2. a proximate cause of manslaughter. Always happy to promote legal humor, I asked Adam to write an introduction to his work: When one contemplates the idea of a legal dictionary – which one probably is not in the habit of doing of a quiet evening, but whatever – Black’s invariably comes to mind. That profuse work by Henry Campbell Black continues to dominate the legal lexicographical field. 
Yesterday I taught my first Torts class of the year and, as always, we began with Garratt v. Dailey, 279 P.2d 1091 (Wash. 1955), where an elderly woman sued a five-year-old boy for battery for pulling a chair out from under her as she was (allegedly) trying to sit in it. The main issue was whether the Brian Dailey, the five-year-old, had what is called “belief intent” (aka “substantial certainty” intent) that the plaintiff would try to sit where the chair had been previously situated in the backyard. But an interesting side issue was whether a five-year-old is capable of forming the requisite “intent” to commit an intentional 
No surprise, I’m a fan of humor. One of my most reliable defense mechanisms to life’s dark moments is to find humor in the situation. I’m also a big proponent of using humor in the arena of public speaking, although I’ve written about the risks of doing so. (See Andrew J. McClurg, The Risks of Being Funny, GPSolo, Apr. 2003, at 60.) Humor in a court proceeding, however, is a different ballgame. Starting out my career as a law clerk to a federal district judge, I saw humor, usually unplanned and spontaneous, work well in court on several occasions. But in an excellent ABA Journal article, Texas attorney Available for the first time in one place, below is the complete inventory of McClurg’s Harmless Error humor column in the American Bar Association Journal, which ran monthly from October 1997-December 2001. Many of these columns have been reprinted elsewhere. Caroline Kennedy included Santa Suit (Jan. 2000) in her anthology, A Family Christmas, where it appears alongside works by the likes of Mark Twain, Robert Frost, and Shakespeare. (Use the Contact link for permissions requests.) Read Reader Praise for Harmless Error. All fifty columns appear below. Learn more about Harmless Error and get a clickable list of all fifty columns by title and date Read more… 
People frequently ask me, What makes for a good lawyer? “Problem-solving skills” is the first answer that comes to mind. Do you possess them? Take this test and see. Problem: A high school baseball game is scheduled. Unfortunately, the field is wet from heavy rain. How do you solve this problem? Answer choices: (a) Play the game on the wet field because what’s the big deal with that? (b) Recognizing that a wet field risks injury to players, make your best efforts to squeegee off or soak up the water. (c) Recognizing that (b) would be too much freaking work, cancel the game and reschedule it for when the 
That’s what you might be saying to your new “Mini Garment Steamer” if you read the User’s Manual and come across this one-day warranty: “If your product has a manufacture defect, we want to improve your using experience by giving you a replacement or refund. For a minimum of 1 day after the date purchase, we promise to cover any manufacture defects your product may have.” (Bold added.) There are some other warranties in the manual, so this appears to be more a case of poor drafting than an effort to limit consumer remedies. After all, it doesn’t say a “maximum” of one 
This is one of those head-scratchers that leaves you wondering whether it’s fake news because it just seems too bizarre, even by wacky warning standards. Let’s assume, probably justifiably, that there are indeed people who eat gum from urinals. Are there really enough of them to warrant a laminated “Caution” sign? And do people really need a warning not to do it? “Dang, I was going to eat that piece of gum someone spit out that maybe a hundred people have peed on. It’s a good thing I saw the sign in time!” The image appears to be real (that is, not photoshopped), but I don’t know where it 
After reading a rundown on the day’s latest depressing news, it was a true joy to come across this Vox article about this real article accepted for publication in an “academic journal.” In academia, it’s publish or perish. Good teaching is important, but it won’t get you promoted or tenured without publishing. To assist academics on their climb up the steps of the ivory tower, professors in all disciplines are constantly bombarded with email from dubiously credentialed sources offering to publish their books and articles. As the Vox article explains, this classic work, Get Me Off Your Fucking Mailing List, was actually accepted for publication by something 
Waive your rights to warm up your dinner. One of my students sent me this tweet from Morten Nielsen regarding a new oven requiring on the touch screen that, before using the product, the happy new appliance owner must waive their legal rights by agreeing to the “Terms of Service.” Even in just the snippet of text visible in the picture, the user is assuming risks and waiving legal claims. Stripping away the legalese, before you can warm up a pizza, you have to give up some legal rights. A “contract of adhesion” is a form contract where the party being asked to sign it has no 
I’ve always heard that folks in Virginia are nice, and here’s proof, a warning sign to criminals in the window of a Sonic restaurant near the Norfolk airport: Attention Robbers Time Delay Safe Have a nice Day. I take issue with the unnecessary capitalization of “Day,” and I suppose if they were super-nice, they could have put an exclamation point at the end instead of period. But this is quibbling. 
Like the old Certs commercial, “It’s two, two signs in one!” Were they trying to save money by combining these two unrelated instructions on one sign? Or maybe they really were telling people with diarrhea to keep the gate closed, especially the sphincter gate. (And do they really think people who have had diarrhea within the past two weeks are going to follow this instruction?) –Thanks to Randy Maniloff. 
As faculty advisor to a law review, I deliver opening remarks at the law review’s annual banquet. Mostly these consist of giving thanks to the graduating law review members for their dedication and hard work. They devote thousands of hours each year to painstakingly selecting, editing, formatting, proofing and–of course, cite-checking–scholarly articles. Cite-checking requires mastering The Bluebook: A Uniform System of Citation, a ridiculously-but-addictively complex 560-page manual of rules for referencing legal authorities. (See The World’s Greatest Law Review Article.) This year I tried to add levity to my remarks with some words of wisdom incorporating every “introductory signal” from Rule 1.2 of The Bluebook and throwing in 
Warning: Do Not Put Hands in Fire An age-old products liability dilemma for manufacturers: What will a court consider, in hindsight, to be an “obvious” product danger? Generally, under U.S. law, there is no legal duty for product makers or sellers to warn of product dangers that are obvious? Why? Because if they’re obvious, people will already know about them and the warning won’t accomplish anything. Google dictionary synonyms for obvious include plain to see, evident, apparent, conspicuous, prominent, noticeable,” even unmissable. But what’s obvious to most people may not be obvious to everyone, so why not go ahead and warn, even when it seems obvious, such 
A rolling tort doubling as a mobile movie theater. “Rolling Torts” is the label Lawhaha gives to overloaded vehicles presenting dangers on America’s roads and highways. They’re everywhere. On the one hand, you have to admire the ingenuity and ability of people to load moving-truck sized packages onto ordinary passenger vehicles. On the other hand, if one of these items breaks loose, especially on a highway, the risk to other drivers and passengers is severe. (Of course, technically speaking, “Spot the Tort” entries are actually potential torts. An actual tort doesn’t occur until the risk manifests itself in injury.) 
U.S. District Judge Steven “Not So” Merryday denied an Assistant U.S. Attorney’s (AUSA) motion to delay a trial because a witness employed by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) had prepaid for a trip to view the August 21, 2017 solar eclipse in totality. The court reasoned that the delay would “subordinate the time and resources of the court … to one person’s aspiration to view a ‘total’ solar eclipse for no more than two minutes and forty-two seconds.” Can’t take issue with the result, but instead of just saying that, the magistrate–perhaps seeking his own two minutes and forty-two seconds of fame–penned a silly too-cute-for-words 
From Madrid comes a new pictorial instruction sign (not technically a “warning sign”) on public buses prohibiting “manspreading.” I was not familiar with this term. I thought maybe it was something like this, which I wholeheartedly agree should be banned: But that’s not it. It’s this: Okay, this might be worse. Manspreading is the practice of some men to sit with their legs spread on a bus seat, crowding people around them, particularly women, apparently. Whether this is done to protect personal space or intentionally invade someone else’s is not clear from the article. But as the question always arises with pictorial communicative signs, does 
Pictorial or graphic warnings are designed to be interpretable by anyone, whatever language they speak and whatever their literacy level. The problem is it can be darn difficult to convey a product warning in a single image. This graphic warning sticker on a soda/water machine does a good job of getting one’s attention and clearly alerts people that they should not be sticking their hand in between grinding gears. Where those gears are remains a mystery, but I suppose it must be the exit path for the soda or water bottle. I have a bigger issue with the verbal warning: KEEP HANDS OUT OF VENDOR. Vendor? That sounds more 
Just as doctors need patients, lawyers need clients. One can surmise that local criminal defense lawyers got plenty of business during the largest mass arrest in U.S. history. How many people were arrested and where did it occur? 140 in Peoria, Illinois 1500 in Boston, Massachusetts 12,000 in Washington, D.C. 17,500 in Los Angeles, California ANSWER: In May 1971, more than 500,000 anti-Vietnam War protesters descended on Washington, D.C. with the intention of shutting down the federal government by blocking the streets. As of that date, 45,000 American soldiers had died in Vietnam and more than 250,000 troops were still stationed there. At least 12,000 protesters were arrested from 
Thanks to my Swiss friend for this link to a variety of wacky warning signs in Switzerland. The Swiss are very safe people, no doubt about it. Look closely at what this monstrous, overdone barrier and warning contraption is protecting: what looks to be about a four-inch deep road excavation. Compare the Swiss approach to how we handle this type of hazard in good old Memphis. –Thanks to Pat Crowell. 
A Zurich friend sent along this sign in Kleinbasler in Basel, intended to alert sex workers of new “tolerance zones,” designed to impose more control over prostitution, which is legal in Switzerland. According an article (link no longer available), “there has been a high turnover of prostitutes recently, mainly from EU countries in Eastern Europe, who are increasing competition, creating price falls and making it hard to convey the rules.” The competition led to demands by locals for more restrictions. There are currently 800 sex workers in Basel. Police made 120 arrests last year for working outside of designated zones. Thanks to Pat Crowell. 
Don’t point space heaters at cans of gasoline five inches away. Well, it’s not quite that bad, but this warning in a package of instructions for a small space heater (maybe 10 by 12 inches)seems almost as obvious. Not faulting the manufacturer. No doubt fires, probably a lot of them, have started because consumers unwisely placed heaters next to each of the listed flammable materials, probably including cans of gasoline. U.S. products liability law does not require warnings against “obvious dangers.” But what’s obvious? If people regularly suffer harm using a product in a dangerous way is it because the danger isn’t obvious or because product users 
Not surprisingly, the product warnings accompanying smoke detectors are extensive. Smoke detector manufacturers have been held liable in lawsuits when the detector failed to work properly and harm resulted to residents. I bought a replacement smoke detector last week at Home Depot and, as always, enjoyed reading the product warnings and instructions. They provided a lot of good advice, but surely the first item of “WHAT TO DO WHEN THE ALARM SOUNDS” could have been worded better: Alert small children in the home. Maybe I’m quibbling, but I have three issues with this instruction. First, the word “Alert” seems too unemphatic. “Hey kids, the house is on 
Grains such as barley and wheat used to make beer contain gluten (although gluten-free beer can be made from grains such as sorghum, buckwheat, rice, and millet). Can gluten be removed from traditional beer grains? During the middle of our products liability coverage in first-year Torts, a student sent this photo of a beer carton boasting in bold capital letters “CRAFTED TO REMOVE GLUTEN.” The beer was of interest to the student, who suffers from celiac disease. Persons with celiac disease, an autoimmune disorder, cannot consume gluten because their bodies will mistakenly react to gluten as if it were a poison. But then she came to 
Here’s another “rolling tort”; i.e., a dangerous condition on a road or highway. We look at these things lightly at Lawhaha.com, but large objects that come loose from a vehicle present a substantial risk of injury or death to those traveling behind. Other examples of Rolling Torts are here, here, and here. Or just sift through the entries under “Spot the Tort.” –Thanks to Larry Peters. 
This sign warning “Do Not Feed Hallucinogens to Alligators” would be amusing if it were real, but it’s not. Complicating life at Lawhaha.com, where we love to post interesting warning labels and signs, is the proliferation of fake, Photoshopped samples. Sometimes it’s hard to tell. University of Memphis first-year law student George Scoville sent me the alligators picture. It looked a bit sketchy. Research led to a Reddit post detailing indicators that the picture is fake, including, for example, a Shutterstock watermark on the mushroom. But George had also sent a second similar photo: “Do Not Give the Bison Psychoactive Substances.” This one 
Insurance law expert and all-around funny, clever guy Randy Maniloff has come up with a fun test for spelling out the names of 10 famous U.S. Supreme Court cases using only emoji. How did this come about? He explains in his latest issue of Coverage Opinions: The other night I was out to dinner with my 9 year old daughter. As we waited for her mac & cheese to arrive I decided to give her a lesson on the Supreme Court. I figured I’d start with the basic operation of the federal judiciary. From there move on to some landmark Supreme Court cases. 
I guess we’ll have to take this one lying down because no standing or sitting is allowed. From a former student comes this sign at a baseball field in Burns Park, North Little Rock, Arkansas. What is the sign really trying to convey? No loitering in this area? No people in this area? Under a strict construction, could you lie down in the area and be in compliance with the sign’s directive? –Thanks for Shayne Smith. Uh-oh, Christmas is over and the old man in the red suit decided to retaliate over the lawsuit filed against him by the children of the world. Originally appeared in the December 2001 issue of the ABA Journal. Santa Strikes Back BY ANDREW J. McCLURG Readers may recall that holiday cheer was dampened two years ago when the children of the world filed a class action against Santa Claus (Santa Suit, Jan. 2000). That action remains pending as thousands of judges who have received gifts from the defendant continue to recuse themselves. Now 
Low-clearance warnings can help avert unintentional head-banging (as opposed to purposeful head-banging to, say, Metallica). In the U.S., we shout these warnings (Danger! Watch Your Head!) like we shout everything. But the Brits take a more proper, refined approach, as shown by the sign on the right, taken in a London pub. The only thing missing is an “Old Chap” at the end, as in “Please Do Mind Your Head, Old Chap.” Thanks to Pat Crowell. 
I’ve seen pictures like this on Facebook that were Photoshopped jokes, but this sign warning “Danger: Do Not Touch, This Sign Has Sharp Edges” is the real deal, straight from Auckland, New Zealand. The friend who captured this image reports that she is not sure whether the sign is a joke or not because it’s attached to another large normal sign. Weird stuff. Thanks to Lina Lim. 
Free parenting advice – “Get rid of children” What to do with the kids? It’s an eternal problem for parents. Who knew the answer would be so simple and come, not from a parenting book, but from a product warning label on a Power Bank charger for electronic devices: Get rid of children We also see that it is unlikely the language of this warning will make it into the next edition of Strunk & White, Elements of Style: Do not break,dismantling, into the fire or placed in … What??? With all the money the goes into R & D for a new 
Yes, it may be hard to believe, but it’s true. This trail at the Razorback Regional Greenway in Northwest Arkansas–along with every other trail in the world–is dangerous when underwater. Trails are also dangerous when covered with poisonous snakes, loose sticks of dynamite, large rusty spikes, and giant spiders from the planet Xenon. Where are the warnings for those dangers? 
Adding to the ongoing battle for supremacy between the two dominant professions–law and medicine–Lawhaha.com seeks your input as to who does the best song parodies, law students or medical students? Many examples of each populate YouTube, so I just picked the two with the most views. They’re both impressive and hilarious in my view, but I give the nod to the med students in this particular Fight Club Doctor-Lawyer Parody Video Match-Up. Law Students (Law School parody of Payphone by Maroon 5) Medical Students (I Don’t Know parody of Let it Go from Frozen) I argued in a law review article that doctors 
Stock photo – Not the real guy. Leave it to insurance coverage guru/legal humorist Randy Maniloff to track down the most interesting cases for his monthly publication, Coverage Opinions. Among this month’s excellent articles (which include a mock interview with Tom Brady), Randy revisits his insurance Coverage for Dummies contest with the case of Blank-Greer v. Tannerite Sports, LLC, No. 13-1266 (N.D. Ohio Apr. 21, 2015). Here are the basic facts, borrowed from Randy’s excerpts from the court’s opinion: In May 2012, [James] Yaney’s friend, Jason Vantilburg, in anticipation of the birth of his first child, asked Yaney to host a party 
We love pictorial warnings at Lawhaha.com, as shown here, here, here, here, here, here, and several other places. Remember that the goal of a pictorial warning is to advise of risks or deliver instructions to persons who cannot read or understand the written warning. So in trying to figure them out, you have to set aside the textual versions that usually accompany pictorial 
From Texas comes this warning sign that: A farm animal professional is not liable for an injury to or the death of a participant in farm animal activities resulting from the inherent risk of farm animal activities. First, we notice the evolution of the term “professional” in modern society. Originally, there were only three professions: clergy, lawyers, and doctors. Over time, the number of groups laying claim to the title of a “professional” has expanded to include architects, engineers, pharmacists, et cetera. Add to that list “farm animal professionals.” Not sure of the history of the referenced statute, but it would be interesting to see if the 
Siskel and Kozinski? Judge Alex Kozinski, of the U.S. Court of Appeals for the Ninth Circuit, was well-known for his sparkling prose in writing opinions, but his most classic opinion was U.S. v. Syufy Enterprises, in which he weaved in more than 200 movie titles. In Syufy, the federal government sued Las Vegas movie-chain owner Syufy for antitrust violations. In affirming the trial court’s dismissal of the antitrust charges, rumor had it that Judge Kozinski wove more than 200 movie titles into the text of his fourteen-page opinion. But did it really happen? Was it urban legend? Bourbon legend? It really happened. Daniel Solzman of the Tarlton 
Triple Crown threat Funny Cide caught up in weird judicial opinion. The total weirdness of Florida Court of Appeals Judge Farmer’s opinion in Funny Cide Ventures, LLC v. Miami Herald Publ’g Co. gets the case into Lawhaha.com’s Strange Judicial Opinions Hall of Fame. Here’s a first in judicial writing: an appellate judge writes an opinion in an offbeat fiction-style based on a tune from Guys and Dolls, can’t get the other judges to go along with his approach, so decides to attach his creative opinion to the court’s per curiam opinion together with a lengthy preface explaining his unique approach to written adjudication. Confused? Let’s back up. The Rule in Murray’s Case. The Rule in Rolanda’s Case. Who remembers those? Probably just Murray and Rolanda, their lawyers and a few close friends. But everyone remembers the Rule in Shelley’s Case. This is because the rule is vitally important to every lawyer until five minutes after completing the bar exam. Who was Shelley and what made her so special? Warranty law has always been fraught with pitfalls for the unwary lawyer. Drafting warranties for modern consumers presents special problems because of their higher expectations. Follow these tips and sample warranty provisions to avoid legal tangles: 
Family friendly depiction of the injury. Doe v. Moe, a May 2005 Massachusetts appellate case, gives a whole new meaning to the idea of safe sex. A guy sued his long-time girlfriend (ex-girlfriend?) for negligence when an ill-advised change in position during consensual intercourse resulted in him suffering a fractured penis. (The opinion gives details about how the accident occurred.) In a case of first impression, the court struggled to arrive at an appropriate and workable standard of care to apply to private consensual sexual conduct. The court noted: There are no comprehensive legal rules to regulate consensual sexual behavior, and there are not commonly 
Lawhaha.com Hall of Fame Judge Robert Gardner U.S. Court of Appeals Judge Alex Kozinski, a Lawhaha.com Strange Judicial Opinions Hall-of-Famer, took time to send in his praise for another judge who dared to be different: California Court of Appeals Judge Robert Gardner. Judge K said Gardner is one of his heroes, and included his favorite Gardner quote, from People v. Benton. Although it involves profanity, as Judge Kozinski said, it’s for a good cause: Mrs. Barnhill and her daughter, Sainna Okeson, were seated at the kitchen table in Mrs. Barnhill’s apartment on Keel Street in Anaheim on the evening of August 2, 1976. Around midnight, |
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Books  1L of a Ride: A Well-Traveled Professor's Roadmap to Success in the First Year of Law School  The 'Companion Text' to Law School: Understanding and Surviving Life with a Law Student  Practical Global Tort Litigation: United States, Germany and Argentina  Gun Control and Gun Rights  The Law School Trip: The Insider's Guide to Law School  Amicus Humoriae: An Anthology of Legal Humor Selected  Preying on the Graying: A Statutory Presumption to Prosecute Elder Financial Exploitation  Fight Club: Doctors vs. Lawyers - A Peace Plan Grounded in Self Interest  Neurotic, Paranoid Wimps - Nothing has Changed  Kiss and Tell: Protecting Intimate Relationship Privacy Through Implied Contracts of Confidentiality  Dead Sorrow: A Story About Loss and A New Theory of Wrongful Death Damages  A Thousand Words are Worth a Picture: A Privacy Tort Response to Consumer Data Profiling  The Public Health Case for the Safe Storage of Firearms: Adolescent Suicides Add One More 'Smoking Gun'  Armed and Dangerous: Tort Liability for the Negligent Storage of Firearms  Good Cop, Bad Cop: Using Cognitive Dissonance Theory to Reduce Police Lying  Poetry in Commotion: Katko v. Briney and the Bards of First-Year Torts  The Tortious Marketing of Handguns: Strict Liability is Dead, Long Live Negligence  Bringing Privacy Law Out of the Closet: A Tort Theory of Liability for Intrusions in Public Places  The Rhetoric of Gun Control  It’s a Wonderful Life: The Case for Hedonic Damages in Wrongful Death Cases  Your Money or Your Life: Interpreting the Federal Act Against Patient Dumping  Logical Fallacies and the Supreme Court: A Critical Analysis of Justice Rehnquist's Decisions In Criminal Procedure Cases  |
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