May It Please The Court
Quote of the Day - It really was a hell of a motorcycle, ... It was arguably the first American motorcycle company, beating Harley by a year or so. Indian was the standard by which everything was gauged.
The Death of an Indian ChiefThe Indian Chief may once again ride off into the sunset. Yesterday, Indian Motorcyles halted production and laid off its entire workforce of 380 in Gilroy, California.
Initially started in 1913, the company folded in 1953, but rumbled slowly back to life in 1999, according to an Associated Press article. The article points out that just last year, Indian introduced its own motor, the Power Plus, which creates an exhaust sound different than the infamous Harley-Davidson sound. (Check out the "Sounds of Harley-Davidson" box. After you scroll down, look on the right.) For a short sample of the Indian sound, click on the "Feel the Power" link on the site's home page.
Now, the Indian company has 200 dealers across the country and had hoped to produce 4,500 bikes this year. Before WWI, Indian had produced as many as 20,000 bikes. Just recently, funds ran low, and the company's main investor backed out, leaving Indian high and dry.
Dozens of investors have called offering help, but the company is weighing bankruptcy options. This sad event may have been coming for some time. The job application section of the company's website notes that no jobs are available at this time
If you were ever thinking about owning an new Indian, now may be your last chance.
The KozinskiI'm watching CSPAN right now, and trying to watch/listen to the oral arguments on the California Recall. CSPAN's servers must be overloaded. Although the video is good, the sound is intermittent. We don't have a cable feed at the office yet.
Oh well, I'll just have to wait for the pundits to tell me what was said.
Circuit Judge Alex Kozinski may have given a surreptitous signal during the oral arguments while on TV. This post is pure speculation (right - like any good lawyer, I think I already know the answer).
During his first question, Judge Kozinski gave a noticeable "tug" on his ear, a la Carol Burnett. The "Tug" is generally known as Burnett's signal as a greeting to her Texas family.
Was Kozinski (born in Bucharest, Rumania, a long way from Texas) greeting anyone? Enquiring minds want to know. Any ideas out there?
P.S. Kozinski may have been one of the first judicial bloggers, having written a 10-day electronic journal for formerly MSN's Slate magazine.
USEPA Just Can't Get It Right - 17 Years LaterLast week, while it wasn't fielding California recall briefs, the 9th Circuit decided a little-known case with very little fanfare. It will, however, have lasting effects. In three consolidated cases, the Environmental Defense Center, Natural Resourses Defense counsel and the American Forest & Paper Association sued the USEPA. These actions were first filed in the Fifth, Ninth and D.C. Circuits, and then consolidated in the Ninth.
The import of the case boils down to two changes in the USEPA Phase II rule for storm water discharges. Previously, when a construction site between one and five acres or a MS4 (essentially a small municipality) applied for a NPDES stormwater permit, the USEPA did not require review of the notice of intent to comply. In a word, the USEPA rule allowed self-regulation.
Now, however, with this Ninth Circuit ruling, the Court required USEPA to go back to the drawing board and add in provisions for public notice and public hearings. As a consequence of this ruling, the USEPA will eventually require review and comment before approving the permits, which will make the permits harder to obtain and subject to challenge by environmental groups like the Plaintiffs in these cases, the EDC and the NRCD.
It only took the USEPA 13 years to promulgate this rule, and four years to wind its way through the court system. We'll see how long it takes this time.
Harvard, IndeedFellow blogger Phillip Greenspun reports that Miss America is indeed on her way to Harvard.
Harvard Law School Will Never Be The SameIt's the weekend, OK?
Although MIPTC has tackled some women's issues in recent entries, I couldn't resist one from last night's Miss America pageant. Apparently, this year's winner is Miss Florida.
Where's the legal news? Read on.
Apparently, Miss Florida now Miss America Erika Dunlap is attending the Univsersity of Central Florida and wants to become a lawyer. Not just any lawyer, though, she wants to become a Sports and Entertainment lawyer.
But, before then, she's going to take a year off to "tout her social program of cultural diversity and inclusiveness," according to this article. Reporter Laura Farr also gave us this tidbit: "She also succeeded in the evening gown competition wearing a luminous yellow strapless gown."
Kind of like Legally Blonde, except without the pink gown.
New Domestic Partner Law to Get Votes & ChallengeCalifornia Governor in Residence Gray Davis signed Assembly Bill 205 into law last night, guaranteeing two things:
1. A court challenge to the act, which grants certain domestic partner rights, a step closer to removing the differences between gay and married couples; and,
2. More votes to overcome the recall.
The bill applies as well to straight couples that live together who are not married, should they elect to take advantage of the law's benefits. One of those "advantages" inlcudes the obligation to be responsible for their domestic partner's debts. With rights come responsibilities.
Surprisingly, California's law does not go as far as Vermont law, which endorses civil unions.
The Left Coast got left behind on this one.
Blawg, Blawg, Blawg - One to NoteNot to steal any thunder from Bag and Baggage's earlier announcment back in late July, but there's an interesting new blog that's popped up into the news again today: Ms. Morality.
You may remember Michelle Quist Mumford, as this article points out. She's a former third-year associate at Millbank Tweed, which got into a row with Ms. [Mumford] Morality when she announced her pregnancy. Ms. Mumford says she was then "ignored, shunned, rejected."
She quit back in April and now completely gone from Millbank's website, she's nonetheless not done with Millbank.
The author of today's news article in American Lawyer, Vivia Chen, writes, "[Mumford] claims she was treated like a 'leper' the moment she announced her pregnancy at the firm." Chen also covered the story back in June, and has an interesting perspective on why some law firms succeed in converting female associates into partners.
I suspect Ms. Mumford would recommend that article to Millbank's managing partner.
Number One on the Google Search EngineSome use the Google search engine as the measure of success for web presence.
If that's the case, then MIPTC is doing pretty good. Run this search for this weblog, and we pop up as number one.
MIPTC has been up and running for just over two months, and you've been making it successful. Thanks!