November 2012
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- The § Rulebase Team
October 2012
19 posts
3 tags
The Cuban Missile Crisis at 50: Declassification...
JOHN YARBROUGH
This week marks the 50th anniversary of the most critical events of the 13-day Cuban missile crisis, the event that brought the United States and Russia close to the brink of nuclear conflict. In recognition of the anniversary, the John F. Kennedy Library has made public more than 2,700 pages of Robert F. Kennedy’s files and notes related to the crisis. Those join numerous...
7 tags
Don't Get Tricked (or Treated) into Breaking the...
JOHN YARBROUGH
Have your costume picked out and ready for Halloween, including that killer mask you know will be the buzz of the party? Know what time your kids will be out trick-or-treating, and where? You may want to check your state and local laws before you head out. Even if the laws are on the books but never enforced, there are plenty of Halloween laws out there that you may not know...
3 tags
Electoral College Tie: A Legal Nightmare?
JOHN YARBROUGH
In a tight race, could the 2012 Presidential election end in a 269-269 tie – spurring an Electoral doomsday that would make the 2000 recount election look like a cakewalk? If it’s a very close race, the answer is a troubling, “yes.” Get ready for recounts, court battles, rogue electors who could switch their vote, dramatic votes in the House and Senate, and even one scenario that...
2 tags
The World Series is Almost Here? Time to Debate...
JOHN YARBROUGH
It may be the most heated debate over a single rule in all of sports. On one side are the purists who say it takes away from the integrity of the game. On the other are those who say the rule makes a great tradition all the greater.
It’s the Designated Hitter Rule – the Major League Baseball rule that allows a batter to bat in place of the pitcher – and you better be careful if...
2 tags
Rulespotting: And I Thought NYC was Dirty...
LEONARD BROOKS
This sign, rulespotted in a bathroom in Ithaca, NY, states that “all employees must wash hands after using the toilet, before preparing food, and when they are soiled.” (Note: photographer washed hands before taking this picture). Looks like New York is keeping its employees’ hands pretty clean. Here is the specific New York State Law:
“Employees are...
2 tags
NC-17: CENSORSHIP OR GOOD GUIDANCE?
JOHN YARBROUGH
How many films rated NC-17 have you seen at the movie theater? If you’re like most people, the answer is probably zero. The Motion Picture Association of America’s (MPAA) Classification and Rating Administration, the committee that rates films, came up with the designation in 1990. While created with good intentions, the rating has come under increasing criticism over the years....
1 tag
Nike’s De-Tour from Lance
JONATHAN BLUM
Nike announced today that the company is ending its endorsement of Lance Armstrong because of “seemingly insurmountable evidence” of doping.
Corporations frequently use celebrity endorsements to market products. But what happens when the star falls? Typically, the corporations protect themselves in endorsement agreements with what is called a “moral turpitude clause,” or...
1 tag
AUTOMAKERS v. AUTO REPAIR SHOPS: WHOSE RIGHT TO...
JOHN YARBROUGH
If there’s one thing all car owners complain about at least once, it’s driving your car to an auto shop and being taken by the auto repairman. “They can make up anything, nobody knows,” George Costanza once railed in an episode of Seinfeld. “‘By the way, you need a new Johnson rod in there.’ ‘Oh, a Johnson rod. Yeah, well, you better put one of those on.’” But now it’s the auto...
3 tags
§ Unlocking the Mystery of Presidential Debates -...
JOSH GOLDBERG
We posted John’s article on the terms and conditions of Presidential Debates on October 3rd, anticipating that, as in previous years, the actual Obama-Romney agreement would not be public until at least 2016. However, Mark Halperin of Time managed to get his hands on the agreement, and I wanted to flag a few of the highlights…it does not disappoint:
“For each...
2 tags
Rulespotting: Show me your plates
ANDREW GRIFFITH
Ever wondered about the placement of license plates in Texas? Does the law require a plate in the front and back? Well, the Texas Legislature recently changed the law. The old law stated that “A person commits an offense if the person operates… a passenger car or commercial motor vehicle that does not display two license plates at the front and rear of the vehicle.” The new...
3 tags
Alan Smithee: Hollywood’s Angriest Director?
JOHN YARBROUGH
If not a single Hollywood director is in a legal battle on any given day, you know there’s something wrong. Here’s a short list at the moment: Martin Scorsese is being sued for breach of contract, Jennifer Lopez’s ex-husband is accusing her of torpedoing one of his films, and the director of the original Steel Magnolias has gone to court over a TV remake.
But who is perhaps the...
2 tags
Hot Cheetos and Takis
JOSH GOLDBERG
Last week, my brother sent me a music video that changed my life. Okay, maybe it didn’t change my life, but it certainly provided me and many others with hours of entertainment and enjoyment.
I watched it. And then I watched it again. And again. I sent it to friends and my colleagues at Rulebase, and I asked everyone I came into contact with for days if they had seen it....
4 tags
Rulespotting: Seriously, are you smoking right...
LEONARD BROOKS
This sign from Ithaca, NY reminds the public that there is no smoking within 30-ft of any county building. The sign references a county administrative policy.
Here is the text from the policy:
“All Tompkins County facilities and property, whether owned or leased, shall be smoke-free as of November 1, 2011, with the following exceptions:
Airport Terminal and Adjacent...
2 tags
Christopher Columbus and the "Capitulations of...
JOHN YARBROUGH
This Columbus Day weekend, America celebrates the 520th anniversary of explorer Christopher Columbus’s arrival in the Americas in 1492. Though he was not the first European explorer to reach the Americas (having been preceded by the Norse expedition led by Leif Ericson in the 11th century), Columbus’s voyages led to the first lasting European contact with America. But...
2 tags
Thirty Years Later: The Legacy of the Chicago...
JOHN YARBROUGH
Thirty years ago today Johnson & Johnson initiated a nationwide product recall for all its Tylenol capsules after seven people died in Chicago when several bottles were found to have been laced with potassium cyanide.
The poisonings involved Extra-Strength Tylenol capsules, manufactured by J & J’s subsidiary McNeil Consumer Healthcare. The case remains unsolved...
8 tags
How Do You Know if They’re Faking It?
JOHN YARBROUGH
Like it or not, there’s plenty of cheating in sports that involves faking – from baseball players pretending to get hit by pitches to “flopping” in the NBA, from faking injuries (“diving”) in soccer to purposefully trying to lose in Olympic badminton.
Many are minor infractions, but that doesn’t mean sports leagues are turning a blind eye to them.
On Wednesday, the National...
3 tags
§ Unlocking the Mystery of Presidential Debates
JOHN YARBROUGH
Tonight marks the first of four debates in the 2012 presidential campaign, and the overall format of the presidential and vice presidential debates is already well known. That includes the focus of each debate, the general format of each debate, and the length of each debate – as well as the choice of the four journalists who will moderate the debates. All of those points have been...
5 tags
Fifty Years Ago: James Meredith Enters University...
JOHN YARBROUGH
Fifty years ago today – October 2, 1962 – 29-year-old James Meredith enrolled in the University of Mississippi as its first African American student, as federal troops quelled riots around him. The historic event came only after a prolonged legal battle that went to the U.S. Supreme Court – a battle that was necessary despite the court’s 1954 unanimous ruling in Brown v. Board of...
Rulespotting: Pedestrians in the (road)way
ANDREW GRIFFITH
This sign from Dallas, Texas says that it is “state law” to yield to pedestrians in the crosswalk. What about when there isn’t a crosswalk? Here’s the law, found in the Texas Transportation Code:
Here’s the law for pedestrians who aren’t in crosswalks:
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Notes
Pedestrian right-of-way at crosswalk: Tex. Transp. Code § 552.003
Crossing...
September 2012
23 posts
2 tags
Rulespotting: Valet parking liability
ANDREW GRIFFITH
I’ve noticed these “limit of liability” words on my valet parking receipts. Can valet companies limit their liability? Is that limit even effective? The relationship between a vehicle owner and the valet parking company is typically referred to as a bailment. While a number of states dont have statutes addressing this issue, they do have cases that speak to...
Starbucks caught with hand in tip jar?
JOHN YARBROUGH
The fight between Starbucks and its baristas keeps brewing – and the baristas say they’re the ones who are getting burned.
Both sides have served up arguments at the U.S. Court of Appeals for the First Circuit about whether a Massachusetts tip law allows shift supervisors to split tips with baristas. In March, 2011, a lower court ruled Starbucks shift supervisors are barred by...
2 tags
Weighty Issue for Employers
JOHN YARBROUGH
Can an employer discriminate against you because you’re obese? And do new federal rules offer greater protection against such discrimination?
Not only do some employers think they can make decisions based on weight – they are seeking to control appearance in the workplace by imposing weight restrictions on job applicants or employees as a condition of employment. Is it legal?...
2 tags
Rulespotting: Stay out of the fire lane!
ANDREW GRIFFITH
We’ve all seen the red-painted curbs marked “fire lane.” And we all know not to park there. But what exactly does the law say? The Texas Occupations Code states that you cannot leave a vehicle unattended in a fire lane that is marked either according to a government regulation or as “FIRE LANE—TOW AWAY ZONE” in 3-inch height or more white...
1 tag
Out of Step: Designer Louboutin Can Claim Shoe...
JOHN YARBROUGH
Designer Christian Louboutin may be seeing red, but when it comes to one of its high-end shoes, a federal ruling has partially stopped the company in its tracks.
The U.S. Court of Appeals for the Second Circuit has ruled the designer can claim trademark protection for the red outsole on its women’s shoes — but it can’t do so if the rest of the shoe is also red.
That...
2 tags
Rulespotting: Pick up after your pet, or else!
ANDREW GRIFFITH
Have you seen these signs around your city? This sign from Dallas, Texas says that “IT’S THE LAW!” to leash-curb and clean up after your pet. What exactly is the law? The Dallas City Code states that it’s an offense to allow a dog under your control to make waste on private property or property located in a public place. You’re in the clear if you...
Federal Justice Committee: Sorry Jurors, No...
JOHN YARBROUGH
Give your thumbs and fingers a rest.
That’s the basic gist of new federal guidelines for all jurors and potential jurors during their jury duty: No texting, blogging or posting about your jury service — anyplace, anywhere, anytime.
Seeking to catch up to 21st century technology, a federal judicial committee has created model guidelines for telling jurors not to use social...
Court: Homeless Have Property Rights
JOHN YARBROUGH
The government can’t destroy the possessions of homeless people left — but not abandoned — on sidewalks, the 9th Circuit Court of Appeals has ruled.
The court said the U.S. Constitution’s Fourth and Fourteenth Amendments protect the homeless from government seizure and the summary destruction of property left momentarily unattended.
“The City demonstrates that it...
1 tag
Status of Sanctions: When Can You Invest in...
JOSH GOLDBERG
The leader of Myanmar’s democracy movement, Aung San Suu Kyi, visited Washington yesterday, where she was honored with the Congressional Gold Medal and hosted by President Obama at the White House.
In response to a raft of changes made by Myanmar’s leader Thein Sein, the U.S. has relaxed some of the sanctions that have been in force for years. With a range of American...
2 tags
Rulespotting: Keep your hands off!
LEONARD BROOKS
Ever wondered why Chipotle workers wear gloves? In Texas, employees cannot handle ready-to-eat foods with their bare hands. To prevent cross-contamination, employees can wear single-use gloves, or they can use items like tissue paper, tongs, or spoons. Ready-to-eat foods are foods that are edible without any additional preparation, raw foods that come with warnings that the food...
2 tags
Rulespotting: Can I (tres)pass?
VICHI HO
The Texas Penal Code describes criminal trespass as entry without consent and with notice that entry is forbidden. Notice can be given by posting a sign, such as this one found in Dallas, TX. The sign references the criminal trespass section of the Texas Penal Code.
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Notes
Texas Penal Code § 30.05
1 tag
Made in the U.S.A.?
JOSH GOLDBERG
CNN.com has an interesting article summarizing the rules that govern when a product can be labeled “Made in the USA.” You can read the actual rules here as well as the FTC Enforcement Policy Statement, which provides clarification on how to follow the law.
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Notes:
See FTC Enforcement Policy Statement
Labels on Products: 15 U.S.C. § 45a
1 tag
Icy Relations: The NHL Lockout Begins
JOSH GOLDBERG
For the second time in seven years, the National Hockey League owners have locked out the players, as they work to resolve differences over revenue sharing and splitting. With most experts anticipating a lengthy delay in the puck dropping, we had a recommendation on how hockey fans can spend the lockout and prepare for the eventual start of the season. Study the rules of the...
2 tags
CEO pleads guilty to embezzlement, mail fraud, and...
ANDREW GRIFFITH
Russell Wasendort, Sr., pleaded guilty to embezzlement, mail fraud, and two counts of lying to federal regulators today in federal court in Iowa. He pleaded guilty to stealing more than $100 million from its customers. [Bloomberg]
View the United States Attorney charge here.
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Notes:
Mail Fraud: 18 U.S.C. § 1341
Embezzlement of Customer Funds: 7 U.S.C. §...
2 tags
U.S. vs. China in the World Trade Organization...
JOSH GOLDBERG
The Obama Administration announced today that it is filing a complaint against China for alleged subsidies to domestic auto and auto-part manufacturers. Consistent with the WTO dispute process, the request will initiate a maximum 60-day consultation period, governed by Article 4 of the Dispute Settlement Understanding (D.S.U.). The entire process is explained here.
China also...
1 tag
New York City Puts the Brakes Down on Taxi Apps --...
JOHN YARBROUGH
New York may be a city of fast-paced change, but when it comes to getting a taxi you’ll still have to do it the old-fashioned way: hand stretched out high, body leaning into the street, one eye always watching out for other pedestrians looking to steal your cab. Despite a recent announcement by Uber that a smartphone taxi app is already available in some cabs in the Big Apple, the...
1 tag
Legal Battle Squealing Over Michigan's New Swine...
JOHN YARBROUGH
When you fight with a pig you both get dirty — but hey, the pig likes it. That old proverb has proven true through the ages, but these days in Michigan there’s one fight nobody likes — not even the pig. Officials in the Wolverine State are locked in an escalating debate with pig farmers over new rules to outlaw wild boars — rules that some farmers say also target...
1 tag
Rulespotting: Contains Sulfites? Wine Labeling...
JOSH GOLDBERG
Federal regulations determine what the label on your wine bottle must say.
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Notes
Code of Federal Regulations Title 27 § 7.22 (b)(6) - Mandatory Label Information
2 tags
Mafia Boss Pleads Guilty to Racketeering...
ANDREW GRIFFITH
Anthony L. DiNunzio pleaded guilty to racketeering conspiracy in federal court in Rhode Island today in connection with a charge of “shaking down Rhode Island strip clubs for protection money.” DiNunzio also acknowledged he was head of the New England Mafia. [Huffington Post]
What exactly is “racketeering conspiracy?”
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Notes
Racketeering...
1 tag
Protecting Foreign Diplomats - What are a Host...
JOSH GOLDBERG
On the heels of the tragic news about the death of the U.S. Ambassador to Libya, it is worth understanding the legal responsibilities that each host country has toward foreign embassies and diplomats. According to Article 29 of the 1961 Vienna Convention on Diplomatic Relations, host countries are required to take all appropriate steps to protect diplomats from any attack on their...
2 tags
Back Pain or Head Ache: What Laws Govern the Messy...
JOSH GOLDBERG
After a tumultuous summer, the path towards the March 2013 confirmation of China’s next leaders remains unclear and uncertain.
The latest news out of Beijing is that the anticipated next leader, Xi Jinping, is AWOL, with rumors suggesting that he (a) suffered a heart attack, (b) pulled a muscle in his back or (c) was in a traffic accident. [The Guardian]
The leadership...
1 tag
Rulespotting: Regulations for Signage and the...
JOSH GOLDBERG
Sign at local athletic club governed by federal regulations.
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Notes
American with Disabilities Act Accessibility Guidelines § 4.30
1 tag
Rulespotting: Discipline and Guidance Regulations...
LEONARD BROOKS
Child-care orientation included a state mandated disclosure regarding the facility’s discipline policies.
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Notes:
Texas Administrative Code Rule §746.2809 - Must I have a written discipline and guidance policy?
June 2012
5 posts
1 tag
Wikipedia Ambassadors --> Rulebase Curators? →
LEONARD BROOKS
Commentary from Fast Company’s Neal Ungerleider:
Wikipedia is the current king of the encyclopedia world. Encyclopaedia Britannica, remember, announced they were ceasing print publication several weeks ago. Now Wikipedia—and their parent Wikimedia Foundation—want to conquer the final frontier: Academia.
The Wikipedia Education Program is an ambitious...
1 tag
Encouraged by State Law but Prohibited by City... →
LEONARD BROOKS
Jaime Medley operates a small bakery business called the Gluten Free Medley out of her home in Frisco, Texas. Her business operations apparently comply with Texas state law but are prohibited by the Frisco city ordinances.
Texas State Senator Jane Nelson sponsored The Texas Cottage Food Law to exempt home bakeries from certain inspections, fees, and public health requirements...
1 tag
Watch Your Words in Middleborough →
LEONARD BROOKS
At a town meeting on June 11, 2012, residents in Middleborough, Massachusettes voted 183-50 to approve a proposal from the police chief to impose a $20 fine on public profanity.
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Notes:
183 votes represents less than one percent of the town’s population.
Middleborough Town meeting notes can be found here.
2 tags
U.S. Trails High-Income Nations in Serving Civil... →
LEONARD BROOKS
Steven Seidenberg, reporting for ABA Journal:

Two recent studies provide news good and bad for the U.S. legal system. The good: The United States’ civil legal system is one of the best in the world, according to the results of the World Justice Project’s Rule of Law Index 2011.
And the bad? According to this same study, millions of Americans can’t use this fine system...
1 tag
WSJ Op-Ed: Crony Capitalism →
LEONARD BROOKS
Commentary by Luigi Zingales, a professor at the University of Chicago Booth School of Business and a contributing editor to City Journal.
The worst consequence of crony capitalism is political. The more a system is dominated by cronies, the more it generates resentment. To maintain consensus, the insiders must distribute privileges and subsidies—and the more they dole out, the...
May 2012
1 post
3 tags
NYT Op-Ed: How China Flouts Its Laws →
LEONARD BROOKS
Commentary by Chen Guangcheng, a student at the U.S.-Asia Law Institute at the New York University School of Law. He describes what was perceived as lawless punishment inflicted on his family by the Chinese government and his hope for the future.
The fundamental question the Chinese government must face is lawlessness. China does not lack laws, but the rule of law.
China’s...
