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Hot price com

Опубликовано в Lagnam spintex ipo | Октябрь 2, 2012

hot price com

Holo's price today is US$, with a hour trading volume of $ M. HOT is % in the last 24 hours. It is currently % from its 7-day. Today's Holo price is $, which is down 6% over the last 24 hours. Holo's market cap is $M. 24 hour HOT volume is $M. It has a market cap rank. View the Holo (HOT) price live in US dollar (USD). Today's value and price history. Discover info about market cap, trading volume and supply. WHAT IS A CROSS FOREX COURSE Placing a even servers 16th generation of the. To tell know how in Sign. Some users can: Access concern that for all window, you Android needs, Songs, Music allows Citrix.

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It has a market cap rank of with a circulating supply of ,,, and max supply of ,,, Holo is traded on exchanges. Fueled by a native utility token HOT, Holochain develops a hosting platform that enables decentralized Holochain applications or hApps to serve mainstream internet users. Holochain focuses on delivering scalable crypto-accounting infrastructure that allows hosting and maintaining these applications. The key problem of the two most popular blockchain platforms Bitcoin and Ethereum that Holochain aims to resolve is scalability.

The architecture of these two platforms allows processing a pretty small number of transactions per second which prevents them from being adopted by mass audiences. In order to achieve scalability and process enormous numbers of users in a unit of time, Holochain replaces the global consensus with private forks that are maintained by separate agents with their own secure ledgers. These forks are stored on the public blockchain with a distributed hash table allowing all the participants of the network to function in an independent way.

The data gets synchronized only when users deem that this is necessary. At the same time, participants of the network do not remain in the vacuum and can still interact with each other. The use cases for the Holochain are aplenty. With the help of this platform, developers can create applications for collaboration and governance, social networks, sharing economy, supply chain and much more.

Users of these apps will stay in control of their own data and identity. Another big issue associated with cryptocurrencies based on the Proof-of-Work consensus algorithm such as Bitcoin is excessive energy consumption. Holochain offers a solution to this problem, too, claiming to be a green and environmentally friendly project.

No mining is needed for new nodes to be added to Holochain, and thus the electricity usage remains at the minimal level. Holochain is a good option for creating dApps with the potential to handle thousands of user transactions per second. Holochain puts forward social networks as one of the top use cases for their platform on their website. Holochain is based on the programming language Go which is pretty similar to C.

This makes it much easier to learn and implement than Solidity and all other new languages invented for creating dApps. Holochain launched the public token sale on March 29th, , and finished it on April 28th having raised about 20 million USD in Ether. During the token sale, 25 billion HOT tokens were released initially with new tokens being added to the system via minting after that.

Once the mainnet goes live, new tokens named HoloFuel will come into the light and HOT holders will be able to exchange their coins at a ratio. HoloFuel will be used as a primary means of payment on the platform as developers who want to host their applications on Holochain will have to obtain computing resources from HoloHosts paying with the native token of the platform.

This project represents a multi-currency platform with a broad range of features for different currency solutions and it served as a foundation of the Holochain project itself. His experience in software development has its roots back in when he founded Glass Bead Software, a cross-platform p2p communication company that is still afloat.

Update tracking preferences Terms Privacy. Advertise API Key. Select a Quote Currency. Home Holo. Holo HOT. Market Cap 24H. Volume 24H.

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Scalability is an issue with bitcoin BTC and ethereum ETH , but there are plenty of other scalable projects today," he said. In my humble opinion, at the moment Holochain solves a problem which doesn't exist on the market.

Although that doesn't stop it being promising and may find its place in the industry, I wouldn't focus on hype and possible token growth in the near future. Keep an eye on the development of the project and invest in the fundamentals. As such, analysts and online forecasting sites can get these HOT predictions wrong. We recommend that you always do your own research, and consider the latest market trends, news, technical and fundamental analysis, and expert opinion before making any investment decisions.

Never invest more than you can afford to lose. The Holochain platform positions itself as an alternative to traditional blockchains. In essence, Holochain allows dApps to do more with fewer resources. Holochain also solves the scalability issue by removing the need for each validator node on the network to have an entire copy of the blockchain.

The key to its future will finding applications that solve real world challenges. Some popular analytical sources, including Coinpedia, TradingBeasts, and DigitalCoin, believed Holo could be a Buy within a one-year period and beyond.

You should always conduct your own technical and fundamental analysis before making a decision to include HOT or any other cryptocurrency in your investment portfolio. The week ahead update on major market events in your inbox every week. Indices Forex Commodities Cryptocurrencies Shares 30m 1h 4h 1d 1w. CFD trading Charges and fees. Analysis Insights Explainers Data journalism. Market updates. Webinars Economic calendar Capital. The basics of trading. Glossary Courses.

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Whitepaper Viktor Prokopenya Capital. Our Global Offices Is Capital. Compliance Careers Media Centre Anti-money laundering. Partner with us. Referral programme Partnership Programme. Support center. Capital System status. Get the app. Log In Trade Now. My account. Why does patent approval make HOT really hot? France recognises Holochain as emerging technology What is Holochain?

Holochain price prediction: is HOT token cooling off? Share this article Tweet Share Post. Have a confidential tip for our reporters? Get In Touch. So what is a realistic future target price for HOT? What is driving that price? In our case this patent is intended to protect the Holochain open-source project from trolls who could file patents on our technical innovation and then use them to prevent us from implementing it.

The patent is also a critical component of the Cryptographic Autonomy License. Licenses are only powerful as they relate to the IP laws they are based on. GME Swap Short:. Trade now. AAPL GOOG TSLA Does Holochain have a future? Outlaw jumped on top of a freezer in mortal fear of a tiny weiner dog puppy.

Given this fact pattern, Penny Pincher and Ms. Scott decided an appeal was in order. Outlaw: Did the presence of the four-month-old Dachshund puppy create an unreasonably dangerous condition at Penny Pinchers that day? The court noted that the Mississippi Supreme Court had held that dogs are not dangerous per se.

The Magnolias State's dog-loving supreme court held in Poy v. Grayson that to impose liability on a dog owner for personal injuries, a plaintiff must show the dog had a propensity for violence and that the owner knew it. The court in Penny Pinchers noted that the four-month-old, four-pound bundle of love, Sophie the Weiner Dog, had a clean record. Darnell, the court went on to hold that a premises does not have to be completely safe from any hazardonly reasonable safeand that the plaintiffs own actions can be a factor.

However, we cannot say that it was reasonable for Penny Pinchers to anticipate that anyone, even someone with a great fear of dogs, would have such a reaction to Sophie's presence in the store," Judge Thomas Griffis wrote for the court. Thus, we feel confident in saying, if you hurt yourself jumping on top of a freezer to escape a four-pound Dachshund puppy, don't bother suing anyone because its probably your own fault.

Dirtbag'What does it really take to slander or libel someone? The law of defamation can be complex, but a New York state court recently tried to sort out this weighty issue: What is a "dirtbag," and is the term defamatory? The issue arose after a man named William Schumacher penned comments that another man, John Acheson, was "the biggest dirtbag" he had ever met in his life.

Acheson sued Schumacher before Westchester City Court in what, amusingly, could become a seminal case of black letter law. Apparently, no other U. Court has ever issued a reported decision on the issue of whether it is defamatory to call someone a "dirtbag. Schumacher said libel or defamation was "a writing or broadcast that tends to expose the plaintiff to public hatred, contempt, ridicule, or disgrace.

Without offering any citation, the court defined "dirtbag" as "an informal term" meaning "a dirty, grimy, sleazy, or disreputable person. Schumacher's allegedly defamatory statement. Did Schumacher mean that Acheson was the physically largest of the dirtbags he had known?

Or perhaps just one of the most powerful? The court surmised also that Schumacher may have believed Acheson to be "just a tad worse" than the other dirtbags he had known. The point the court was making was that -- in any case -- these statements would all be opinions. Citing the case of Gilliam v. Richard M. Greenspan, P. In Gilliam, one lawyer penned a nastygram, saying unflattering things about another lawyer. The court held it was opinion and threw out the case.

But don't take these court decisions as a license to spew any insult you please. In Lund v. Chicago and Northwest Transp. In National Recruiters Inc. Cashman, the Minnesota Supreme Court found it slander when a plaintiff was called "a no-good loser; a no-good son of a bitch" in the context of an employment reference. Other courts are more hostile toward such lawsuits. When ESPN posted a photo of daredevil Evel Knievel and his wife with the caption, "Evel Knievel proves you're never too old to be a pimp," the Knievels sued the network for defamation.

They lost on the grounds that a reasonable person would not have taken the photo and caption to mean Evel was literally a pimp and Krystal his prostitute, despite their year age difference and his rose-tinted glasses in the photo. And Florida courts have held that even such insults as "cockroach" and "mega-scumbag" do not constitute defamation, nor do references to a woman's "poor feminine hygiene.

If you can't say something nice, at least don't say anything that will get you sued. There was once a professor who reminded his students that the bubonic plague was all natural. Various merchants--from sellers of cereal to purveyors of popcorn--claim their products are "all natural. So, we can attempt to discover once and for all just what all natural means, the tale of Chubby Hubby, Chunky Monkey, and Cherry Garcia defending their honor gets to be this week's Case of the Week.

Activist ice creamIn the s, childhood friends Ben Cohen and Jerry Greenfield took a correspondence course in ice cream making. Then they scraped up 12,, opened an ice cream shop in an old Vermont gas station, and delivered dairy products in a station wagon. Was born, and, as they say, the rest is history. In , Ben and Jerry sold the company to Unilever. Although they are now very rich dudes, Messrs. Cohen and Greenfield and their ice cream operation still conjure up images of granola, Birkenstocks, peace signs, and Some people didn't think it was natural enough.

Dutch chocolateAlthough Amsterdam may be more famous for Rembrandt, the Rijksmuseum, and reefers, some people believe the Netherlands is also famous for Dutch chocolate. But, does anyone really know what Dutch chocolate is? Hint: it's a little more complicated than just being made near The Hague. Chocolate is produced when seeds from cocoa beans are fermented and dried and mixed with fat and powdered sugar.

Cocoa powder can be made in two forms: unalkalized cocoa or Dutch-process alkalized cocoa. The unalkalized cocoa is made by merely pressing the beans. The process produces a light brown, very acidic powder. Dutch-process cocoa, on the other hand, is produced by cocoa nibs with a mild alkali solution to raise the pH and thus, lower the acidity.

This process improves taste, color and solubility, but it also destroys many of the flavonols, which are believed to have health benefits. All Natural? Breyers did not. They alleged violation of both federal and California law in the labeling of the ice cream as all natural even though its cocoa contained potassium carbonate from the alkanization process. The ice cream makers argued that "all natural" was a term of art under FDA and U. Astiana was merely an ice cream lover and not a federal regulatory expert.

The court wasn't buying it--at least not for now. The only FDA guidance appears to be a distinction between natural and synthetic in the policy, but that definition in the Federal Register is qualified as meaning something that would not normally be expected to be in food. Surely, that characterization raises multiple linguistic and philosophical questions, not to mention factual questions," U.

District Judge Phyllis Hamilton wrote for the court. What have we learned this week? Well, according to the U. District Court for the Northern District of California, there really isn't any definition of "all natural" It seems to be a simple question. Get a bunch of lawyers and judges involved, and it becomes anything but. Although alleged drunk driving cases are where this question is asked most often, this week's "Case of the Week" asks it in a different setting.

What about when that motor vehicle is attacked by a swarm of bees? It seems he was having a bit of a problem with a beehive. Corpus asked Officer Mata to accompany him to the hive with the swarming army of displeased bees. Possibly remembering what happened to the fools who tried to go into a hotel room with Mike Tyson's tiger, Officer Mata said something along the lines of: "I don't think so; Homey don't play that," and refused.

Officer Mata insisted Mr. Corpus accompany him to the hive. So the two gentlemen entered Officer Mata's animal control vehicle, equipped with animal protection equipment. Officer Mata donned protective gear and approached the hive of danger, but he instructed Mr. Corpus to remain safely in the animal control vessel as the engine remained running. Things would have been just fine and dandy had Officer Mata not done something that may have been somewhat unwise.

Insects Attack! Not unlike a Saturday Morning Super Hero decked out in protective gear as he makes Saturday mornings safe for kiddie sales of sugary cereal and overpriced toys, Officer Mata approached the hive in his protective animal control gear. Then, the swashbuckling hero of animal protection began spraying the bees. Guess what happened next? Shockingly, the bees attacked. But, no worries. Officer Mata was protected by his animal control gear.

The problem was what Officer Mata did next. To escape the mighty swarm, Officer Mata ran to the truck, opened the door, and hopped in. The only problem, of course, was that, when he opened the door to the animal control truck, he let in a bunch of very angry bees--who proceeded to have a field day biting the [expletive deleted] out of the unprotected corpus of Mr.

Corpus was not amused. What do unamused people do in this column? They sue. The Law of Bees and CarsMr. Corpus sued the city of McAllen, alleging Officer Mata's negligent operation of his city-owned vehicle cased serious injuries to Mr. Operating a motor vehicle? What about spraying the bee hive and opening the truck door so the bees could turn Mr. Corpus into a walking, talking pin cushion. Actually, Mr. Corpus had a smart lawyer.

You see, government entities are usually only liable in civil suits if they waive what lawyers call sovereign immunity, the government's immunity from legal actions. Governments waive sovereign immunity for certain activities. Basically, you can sue the government only if the government says you can sue the government. One of the exceptions to sovereign immunity in Texas is for operation of motor vehicles. If Mr. Corpus' lawyer could show Officer Mata was operating the animal control truck, then he would have a case under the exception to sovereign immunity.

So just what does it take to be operating a motor vehicle? If you asked a bunch of convicted drunk drivers, they would probably tell you Officer Mata was operating the animal control truck. That's because courts have held that, to be guilty of drunk driving, all one must do is sit in the drivers seat with the key in the ignition. Bud or Bees? For instance, in People v.

Wood, Andrew Wood had a very unfortunate night at McDonald's. When he pulled up to the drive-up window in his van, he passed out--with his car running--and, giving new meaning to the phrase, "This Bud's for you," he had a can of Budweiser between his legs. At least it wasn't hot coffee. Oh yeah, he also had a cooler full of marijuana on the front seat. The legal story from the bad night at the Golden Arches wasn't so bad for Mr.

Wood at first. Both a trial court and an intermediate state appellate court threw out the evidence against him, holding he was not operating his van at the time of the arrest and search. However, the Michigan Supreme Court reversed both courts and held Mr. Wood was operating the motor vehicle even though his van wasn't moving, and he had his foot on the brake.

Noting that his van was running and in drive, the state's high court held he was operating the vehicle because he had put the vehicle in motion, was still in control of it, and the vehicle still posed a danger to the public. In doing so, the court reversed two previous Michigan cases that held one could not be sleeping and operating a motor vehicle at the same time.

Actual physical control of the vehicle is the standard used by many jurisdictions, and in Illinois, Michigan, Minnesota, and Nevada, that control can be maintained while sleeping. Putting the key in the ignition will get you in some states, including Vermont. In the Vermont Supreme Court case, State v. Helton, one hapless, inebriated fellow was convicted of DUI for merely putting his keys in the ignition to roll up his car windows--after he had gone to retrieve his vodka from the car. Note to self: appoint a designated sober window operator.

So what about Officer Mata, was he in control of the vehicle and thus operating it for purposes of Mr. Corpus bee attack case? Departing from the case law of other states, both the trial court and the Texas Thirteenth Court of Appeals said "no.

Corpus was injured when the bees entered the cab of the truck where he happened to be sitting. Although we do not condone Mata opening the truck door and exposing a passenger not wearing protective gear to agitated bees, we nonetheless cannot conclude that Corpus's injuries resulted from the operation or the use of the truck," Judge Nelda Rodriguez wrote for the court.

So for this week, we've established that you are operating a vehicle in Michigan if you're asleep at the wheel in the McDonald's drive-through with weed on the seat and Budweiser between your legs, but that you're not operating a running vehicle in Texas with a swarm of bees on the seat and between your legs.

Either way, its not a Happy Meal. As a public service to help our readers remain free from bondage, we will, from time to time, present our Case of the Week: Fourth Amendment Follies edition. This weeks helpful hint: Don't use too much air freshener.

Druggies from CharlotteRobert Little was traveling through the pleasant North Carolina hamlet of Thomasville early one August morning in It might not have been any big deal, but it was in the morning, and Mr. Little was driving an old Buick with a malfunctioning headlight. Bonus reader helpful hint! If you're carrying contraband, don't drive through a small Southern town at in the morning in an old Buick with a busted headlight.

Bad things will happen. At least wait until when the first batch of doughnuts comes off the conveyor belt at the local Krispy Kreme. Because Mr. Little didn't get the memo on suspicious vehicles lurking through the Bible Belt during the wee hours of the morning, he got to meet Officer Adam Kallfelz of the Thomasville Police Dept.

Officer Kallfelz observed three things that made him decide it was time for back-up. First was Mr. Little's nervous and agitated demeanor. Second, Mr. Little said he was traveling from Charlotte. Finally, Mr. Little had approximately 10 tree air fresheners hanging from the rear-view mirror. Before we get to those pesky air fresheners, please allow us to defend the good people of Charlotte, North Carolina.

You're a fine city with an economy built on good barbecue and Bank of America overdraft fees, and--unlike Office Kallfetz--we don't think you're a bunch of druggies. We don't think people should be stopped by the cops just because they're coming from Charlotte.

But, back to those tree air fresheners. Rambo RaidA nervous dude driving from Charlotte with 10 air fresheners made Officer Kallfelz realize he needed a crime deterrent. It was time for Rambo. Not unlike Sylvester Stallone searching swamps for sadistic Viet Kong alumni, Rambo, a drug dog, went over that old Buick like a frat boy going through sofa cushions looking for that lost last joint. Rambo signaled for the presence of narcotics in the Buick's door, and Mr.

Little was arrested for being a felon in possession of a firearm. Little moved to suppress the evidence, arguing the search was illegal, but a trial court denied the motion, holding that the stop and the search were lawful. Little appealed. Little argued in State v. Little that the search was improper because the cornucopia of air fresheners did not provide reasonable suspicion for extending the stop until Rambo arrived.

Unfortunately for Mr. Little, North Carolina has a proud tradition of air freshener jurisprudence. They even go after Santa Claus if there's air freshener involved. In State v. Hernandez, the North Carolina Court of Appeals held a stop was proper when it was based, at least in part, on Christmas tree air fresheners. Not unlike with Mr. Little's arrest, air fresheners would help lead to Mr. Hernandez's undoing.

I noticed a strong odor coming from the vehicle," Trooper Whitley testified in defending his actions. Christmas tree air fresheners as a basis for detaining a motorists? Well, the court upheld the stop, and the court in Little followed the court in Hernandez.

And, if you think North Carolina is the only state fighting the war on air freshener, you would be wrong. In Commonwealth v. Watts, the Massachusetts Appeals Court held reasonable suspicion could be based, in part, on the presence of fabric softener drier sheets. The federal courts have joined this attack on pleasant aromas as well.

In United States v. West, the Tenth Circuit proclaimed, "The Tenth Circuit has consistently held that the scent of air freshener is properly considered as a factor in the probable cause analysis, and in the Eleventh Circuit held in United States v. Wright that evidence of a drug conspiracy existed based partially on the fact that two persons entered the Winn-Dixie together to purchase carpet freshener and fabric softener; materials known to be used to mask the odor of cocaine.

Many other federal circuits, including the Third, Fifth, Seventh, Eighth, and Ninth, have upheld convictions based, in part, on the presence of fabric softener, and in United States v. Edmonds, the Third Circuit upheld a trial court's refusal to believe a drug mule was a mere unsuspecting courier. She brought along a box of Bounce fabric softener sheets. So, the lesson from this week's Case of the Week: with a Mountain Fresh scent filling the air, your dorm hall monitor in college didn't believe you then, and the cops don't believe you now.

If you have contraband and notice Rambo sniffing your car, ditch the fabric softener Bounce can get you busted. And let's not even get started with deciphering the cryptic hieroglyphics known as the cable bill. But what if your employer hoisted a sign informing customers there would be a two-dollar charge for your services?

Would that payment be your tip? Would posting that sign get somebody sued? Of course, it would. This is the Case of the Week. Air a la carteOur story begins in Sept. Before this policy began, curbside check-in was free, but customers tipped the skycaps--usually a dollar per bag--for curbside service.

Until American went and messed up things, most skycaps earned most of their earnings from tips. As the airline industry faced significant financial problems, airlines began charging for many services that had been free. This a la carte fee system affected everything from headphones to handbags. Want to watch the in-flight movie? No problem. That's free. Want to hear it? Two dollars for headphones, please. Want to eat? Pay up.

Pay2Pee, the world's first aircraft pay toilet, can't be far away. At the moment, we can add curbside check-in to our non-complimentary airline a la carte menu. American--and its subcontractor actually employing the skycaps--made out like Tijuana bandits. The charge was designed to defray the cost of curbside service in a dark and dreary economy, but it actually became a profitable business venture for all Many passengers thought American's 2.

Others felt 2. The end result was the same: the skycaps lost a significant amount of their income as tips plummeted. Suing SkycapsTwo skycaps at Boston Logan International Airport sued American and the contractor, seeking class certification and arguing that American's curbside fee violated the Massachusetts statute governing tips, Mass. Laws, ch. The skycaps' employer was dismissed due to an arbitration agreement, and American removed the case from a Massachusetts commonwealth court to federal court.

The skycaps argued Massachusetts law prohibited American from charging the curbside baggage fee because the fee qualified as a service charge under the commonwealth law because it was a fee that a consumer would reasonably expect to be given to the skycap. American countered that the skycaps suit was preempted by the federal Airline Deregulation Act of When a federal law preempts a state law on an issue, the federal statute has sole jurisdiction, and the state statute is preempted and nullified for purposes of that dispute.

The District Court held for American on several grounds, but held for the skycaps on the preemption argument. Thus, the claims under the Massachusetts tips law and for tortious interference were tried to a jury. Big TippersIt turned out the jury was a bunch of big tippers. The jury found for the skycaps in April and awarded damages in the amount of 2. Thus, the jury awarded the nine prevailing plaintiff skycaps approximately , in damages plus interest and attorney fees.

One plaintiff skycap from the St. Louis airport did not get to share in the bounty because--as a citizen of Missouri--he was not covered by the Massachusetts tip law. But, our story is not over. Cheap tippers can rejoice. American appealed, and the First U. Circuit Court of Appeals handed down a decision bound to make Parisian tourists do a happy dance.

American Airlines, Inc. Although the appellate court conceded there was conflicting case law, it relied on three U. Supreme Court cases, Morales v. Trans World Airlines, Inc. Wolens, and Rowe v. New Hampshire Motor Transport Assn, in holding that the federal law preempted the Massachusetts tip statute vis--vis the skycaps tips.

The court held the commonwealth's law was preempted when applied to Ameircan because it was related to a price, route, or service, noting that related to and service were statutorily broad terms. The First Circuit rejected the skycaps' argument that the tip law's connection to airline price, route, or service was so tenuous, remote, or peripheral as to not trigger preemption under Morales or Rowe.

When the Supreme Court invoked the rubric "tenuous, remote, or peripheral", it used as examples limitations on gambling, prostitution, or smoking in public places--state regulation comparatively remote to the transportation function," the court said. So, next time you go to the airport, please remember that--because a federal court has ruled that curbside check-in is not like betting on ponies, retaining the services of a hooker, or smoking a joint at baggage claim--these guys aren't protected by the Massachusetts tip statute.

Even if you pay an airline curbside baggage fee, please, folks, tip your skycap. It keeps colonial constables out of our tea, J. Edgar Hoover and the FBI out of our mothers underwear drawers, and seizure-hungry sheriffs out of our Chevys. Yet, as with anything, the Fourth Amendment is not absolute. The Fourth Amendment prohibits only unreasonable searches.

Thus, if police have probable cause for a search, its not unreasonable, and the Fourth Amendment won't stop it. In fact, the Fourth Amendment has a specific clause allowing searches with probable cause. A recent Massachusetts case gets to be our Case of the Week because it addresses the novel legal question: Does the presence of a bong and Baggies constitute probable cause for a search for marijuana?

Speeding and SeizingWhen Shawn Smith decided to do some urban drag racing with friends, he probably should have left his bong at home. For readers who may be unfamiliar with the household appliance known as the bong, it is a water pipe--used by some to smoke marijuana. The speeding Mr. Smith was attempting to outduel a fellow motorist when police clocked him traveling 67 miles per hour in a 40 mile per hour zone.

When police stopped the Smithmoblie, they noticed a bong and an open box of plastic sandwich bags in the car. The police testified that, based on their experience, a bong and Baggies usually meant one thing Yes, police thought they were dealing with that plague on humanity: marijuana. Having spotting the offending bong and Baggies, law enforcement swung into action.

Police ordered Mr. Smith from the car, and frisked him. They asked him if there were any marijuana in the car, and he said there was not. Smith admitted he had some herbal enjoyment in his pocket. Police seized it, arrested Mr. Smith, and impounded his speedy car. Shockingly, they found more marijuana. However, in a development that will be significant legally later in our story, police did not detect any marijuana smoke or residue in the bong.

Evidence Up in Smoke? Sure, police get to do an inventory when they seize a car. In this week's case, police were arresting Mr. Smith for his weed, so they got to go through his car and inventory everything. However, when police misbehave, there is a judicial remedy known as suppression of the evidence. For those who never have time to watch Law and Order, that means the evidence is thrown out because the cops got it illegally. In this case, because the police failed to give Mr. Smith his Miranda warnings before giving him the Spanish Inquisition, Mr.

Smith moved to suppress evidence of the search. However, Massachusetts prosecutors argued the bong and Baggies sitting in the car in plain sight gave the police all the probable cause they needed to search the carMiranda or not.

In essence, the Commonwealth argued, it was the probable cause supplied by the bong and Baggiesnot the Mirandaless utterances of Mr. Smith that gave police the pot. Both a trial court and the Massachusetts Appeals Court, the commonwealths intermediate appellate court, rejected prosecutors' arguments and threw out the evidence--and thus, the case.

Citing Massachusetts case law, the court held that bongs and Baggies--and nothing more--do not give the police probably case for a search. Smith's case from two previous Massachusetts Appeals Court decisions where bongs did lead to probable cause for a search: Commonwealth v. Dolby from , and Commonwealth v. Correia in It is true the facts in all three cases were somewhat similar: cops stop car, cops see bong, cops arrest driver.

However, Smith differed from Dolby and Correia in one, key respect. Unlike in Dolby and Correia, in Smith, there was neither marijuana smoke nor residue present in the bong. The Appeals Court said that distinction was critical. In Dolby and Correia, the evidence was not suppressed, but it was because there was residue in the bong--not because police spotted an innocent bong just hanging out, minding its own business, with no nefarious residue or smoke.

Baggies get the same constitutional protections. Citing its decision in Commonwealth v. Garcia, the court held, the observation of two lawful items--the bong and the box of sandwich bags--did not supply probably cause. The court articulated its rationale in Garcia:"The trooper's experience, coupled with his observation of an apparently empty baggie, is not enough to provide probable cause to conduct a warrantless search of the automobile. Benign objects such as spoons, mirrors, and straws are often used in the narcotic trade.

To allow police officers, experienced in narcotics investigations, to conduct a warrantless search whenever they observe one of the above items, and nothing more, would permit random searches, which are condemned by the Fourth Amendment and the Declaration of Rights," the court said. So, Mr. Smith got off: the evidence was suppressed, and the charges were dropped.

The moral of this week's Case of the Week: if you're going to go drag racing with your bong in the back seat, at least make sure it is clean. This week's Case of the Week examines that issue in a case involving breast implants, bungee cords, a surgeon's eyesight, and the jurisprudence of cow bone implants Manmade ChassisDenise Dalien decided she wanted to augment the chassis God gave her, so she consulted plastic surgeon Stanley Jackson of Puyallup, Wash.

Jackson performed breast augmentation on Ms. Dalien in , using saline implants. After a diet and exercise regimen caused her to lose weight, Ms. Dalien noticed some indentation and rippling on what was once her soft and supple upper left bosom.

Jackson went in again, removed the saline implants, and replaced them with gel implants. Turns out there was a problem. Dalien was not happy with her new gel bosoms, so under the surgical theory of more is more, Dr. Jackson performed additional revision procedures on Ms. Dalien during and Blinding BungeeJust before all this happened, and--importantly for our story--unbeknownst to Ms. Dalien, Dr. Jackson was having issues with a bungee cord.

Jackson went into mortal combat with the killer cord in July The bungee cord won. Jackson received surgery on his eye, and took over a month off from his practice. In July , Dr. Jackson reported additional changes in his vision. He retired in October after unsuccessful surgery. Citing her allegedly unsuccessful surgeries, Ms. Dalien sued the good doctor twice. In one suit, Ms. Dalien argued negligent medical malpractice in the botched boob job.

In her second civil action, Ms. Dalien argued, among other things, that Dr. Jackson violated the law by failing to disclose his eye injury. Cow Bone LawDr. Jackson argued that the nondisclosure of his eye condition did not occur in trade or commerce and that any alleged professional malpractice or negligence was exempt from the CPA. Dalien countered that the nondisclosure of the eye condition was, in fact, done in trade or commerce because Dr. Jackson solicited and retained patients by failing to disclose this condition.

In siding with Dr. Jackson, Washington State's Court of Appeals cited the Evergreen State's jurisprudence on cow bone disclosure and the case of Michel v. Dental, Inc. Michel needed a bone graft. When completing her pre-procedure paperwork, Ms. Michel was given the choice of human bone, cow bone, or synthetic bone for her graft.

Stating she could not fathom the thought of having animal parts in her body, Ms. Michel declined the opportunity to get authentic cow bone. Well, unfortunately for Ms. Michel, supplies were running low in the dental office that day.

When Dr. Mosquera-Lacy ran out of human bone, she finished the job with cow bone. Although the dentist claimed she merely finished up with cow bone--and that cow constituted no more than 10 percent of the graft--Ms. Michel said she now had a McImplant with the doctor having implanted a cow bone in her mouth. Whatever damages or urges to graze on her front lawn Ms. Michel may have experienced, her case wasn't actionable under the Consumer Protection Act, the Washington Supreme Court held, because the use of cow bone was not an entrepreneurial activity in trade or commerce.

Mosquera-Lacy's use of cow bone is entrepreneurial. It does not relate to billing or obtaining and retaining patients. It simply relates to Dr. Mosquera-Lacy's judgment and treatment of a patient. There is no evidence that cow bone was used to increase profits or the number of patients. When the supply of human bone ran out during the procedure, Dr.

Mosquera-Lacy used her judgment and skills as a periodontist to finish the procedure. This is not actionable under the CPA," the court said. Jackson that Dr. Jackson's nondisclosure of his eye condition was also an activity that fell outside the scope of Washington's Consumer Protection Act. Thus, the court declined to certify her class action, and it affirmed a trial court's dismissal of her case.

Jackson's nondisclosure of his eye injury is entrepreneurial. Jackson's nondisclosure does not relate to Dr. Jackson's billing or obtaining and retaining patients. Dalien has presented no evidence that Dr. Jackson represented that he had better vision than his competitors or somehow relied on his vision to promote his business," Judge Russell Hartman wrote for the court.

However, the court didn't say Ms. Dalien didn't have a case--just that she didnt have a case under the CPA. Referencing her other suit, the court said, "To the extent that Dr. Jackson's eye injury may have affected his ability to examine, diagnose, treat, or care for his patients, that question is actionable under the negligence theory, which Dalien is pursuing in her original lawsuit. If you want to sue under Washington's Consumer Protection Act, make sure they advertise their excellent vision allows them to see your head before they implant a cow bone in it.

Murrow, William F. Buckley Jr. As the old Sesame Street song said, it would appear that one of these things just doesn't belong here. Well, that's not what the producers of the television show, Bait Car, say. They argue their show is real journalism, and--in an attempt to avoid producing evidence in a California court proceeding--they say their photographers are journalists.

In recognition of this creative legal argument, their case gets to be our Case of the Week. What is a Journalist? The proliferation of new media sources has created a novel question: Just what is a journalist? Must one possess government-issued press credentials, sending shivers down the spines of First Amendment advocates? How about a requirement that you earn your living from journalism? Perhaps there should be a requirement that at least your Aunt Betsy actually read what you write?

This question has taken on real legal significance as the U. Congress and many states have tried to implement so-called reporters' shield laws. These laws attempt to protect reporters and their confidential sources by shielding confidential information from disclosure to courts and third parties. Although there has been substantial progress, a federal shield law has not yet passed. However, 40 states and the District of Columbia have shield laws, with many states enacting them after what some argued were Bush administration abuses, prosecutorial attacks on the press, and the prosecution of New York Times reporter Judith Miller.

Some Republican lawmakers cited national security concerns with reporters' shield legislation, and others had a more fundamental issue: How do you go about deciding which writers get to be journalists in a New Media world vs. Old Media world? Many hipsters sipping lattes at Starbucks like to bash so-called Old Media. As they iPad away their afternoons, bowing before the altar of New Media, they mock institutions such as The Wall Street Journal as the old media of their grandparents, and--bless their little black turtlenecks and Birkenstocks--they weren't fooled by Rupert Murdoch's purchase of Myspace.

Silly, Rupert, New Media is for hip kids. But, the beautiful world of blogging Brown alumni opining on global warming and Maya Angelous contributions to literature while their conservative brethren blog on banks and hedge funds may be in for a shock to its modern sensibilities.

There may be unwanted guests at this post-modern, online clambake, and it may be a sign of things to come. In Bait Car, the producers work with local police to place an unlocked car with keys in the ignition out on the street. Its the bait for would-be car thieves. Get it, bait, car? Many unsuspecting citizens, including Joseph Bullard, took the bait.

Or did he? In the case of People v. Bullard argued that he was merely being a good citizen, moving the Bait Car out of its illegal parking spot. He also argued selective prosecution. Bullard, a gentleman who enjoys cross-dressing, argued it was no coincidence that the unholy trinity of producers, police, and prosecutors arranged for the Bait Car to be placed outside Divas, a well-known, somewhat risque San Francisco transgendered club. Police countered that they just picked an area known for car theft.

To prove Mr. Not so fast, said KKI. Arguing that Bait Car was journalism and that the intrepid Bait Car photographers were, in fact, journalists and so under California's reporters shield law, KKI refused. Judge Sandoval wasn't buying it. He rejected KKI's reporters shield argument, and demanded the tapes.

Funny thing. You may have laughed at Mr. Bullard's "I was only helping by moving the car" argument, but prosecutors dropped the charges against Mr. Future of Journalism? Bait Car's producers were working with prosecutors, turning over their tapes to the district attorney's office, and that cooperation with cops was fatal to their legal argument, according to Judge Sandoval and legal journalism experts. Dalglish added. People v. Bullard does not decide the law on the contentious issue of who gets to be a reporter in the eyes of the law--although it does put Californians on notice that, if youre in cahoots with the cops, you probably don't get to be one, at least for reporters shield purposes.

The case also illustrates that the cozy little blogging world at Starbucks and beyond is also in the midst of a culture shift. Yes, the Fourth Estate is becoming a very big tent in every respect imaginable Combine the two - the theory went - and you would have what one of those MBA-types might call, synergy.

Activision and Ms. Stefani thought so This week's Case of the Week illustrates the legal principle of the right of publicity. It also puts us on notice with the following legal poetry: Make Gwen Stefani a dude, and you're gonna get sued. Stefani and her Orange County band, No Doubt, achieved critical and commercial success, including Grammy nominations and huge recording contracts, while hitting the top of the charts with their single, Don't Speak.

They also made some money off a game series based on the adventures of skateboarder Tony Hawk. Entering the 21st Century, one of Activision's biggest games was its Guitar Hero series, which basically allows players to engage in computer-assisted air guitar.

Band Hero was a similar, spin-off production. One of Band Hero's features allowed players to create avatars based on real life rockers. Thinking it would be just nifty to have No Doubt avatars in the game - or at least thinking that it would be just nifty to have some of Activision's cash -- No Doubt executed its Professional Services and Character Licensing Agreement with Activision, allowing the gamemaker to create avatars -- or computerized characters -- based on the band, and use them in Band Hero.

Gwen is not a dudeMuch to their horror, the members of No Doubt learned about a special feature of Band Hero shortly before the product's launch -- it was a special feature No Doubt may have worried pubescent punksters might manipulate. In their Agreement, Activision and No Doubt agreed Activision would license only a limited number of No Doubt songs for use in the game.

However, that provision failed to consider another potential use of Band Hero. When players reached a certain level of the game, Band Hero allowed them to unlock their avatars, changing their song selection and personal characteristics. For instance, Activision licensed only a few No Doubt songs, but if Little Johnny were proficient enough in Band Hero to get his avatar -- say, perhaps, a lasciviously alluring Ms. Stefani -- to reach Level Nine of Band Hero, he could unlock her and free her from the bondage of her current condition, in every way, including gender.

No Doubt was most displeased to discover that, once your Gwen Stafani avatar were unlocked, not only could Avatar Gwen be singing Janet Jackson, she could also be singing Tito Jackson. You see, once unlocked, an avatar's voice could be changed from male to female. Not surprisingly, Ms. Stefani and her bandmates were not excited about the prospect of having their voices replaced with the manly sounds of Boy George.

Ska vs. SuitsCould Activision really use the twisted avatars without No Doubt's permission? No Doubt didn't think so, and the band sued Activision in California state court. In No Doubt v. Activision Publg, Inc.

The band sued on several grounds, including Activision's alleged violation of No Doubt's right of publicity. The right of publicity gives an individual control over the commercial use of her name or likeness. About half the states have a statutory right of publicity and others protect the right of publicity as part of their right of privacy laws.

There has been a movement to extend the right of publicity beyond death. Not surprisingly, this movement is led by the heirs of some very famous dead people, including the heirs of Marilyn Monroe. California is one of those states with a codified right to publicity, contained in section of the California Civil Code. However, Activision countered that No Doubt's right of publicity claim was barred as a matter of law because Activision's actions on the avatars constituted constitutionally protected activity under the First Amendment.

Gary Saderup, Inc. The appellate court sided with No Doubt and the trial court. The court ruled that a transgendered avatar did not qualify as a transformative use. Thus, the appellate court held, the First Amendment did not excuse Activision's alleged violation of its right to publicity. Thus, the trial court did not err in denying Activision's motion to strike the right of publicity claim based on Activision's assertion of a First Amendment defense," Judge Thomas Willhite Jr. Stefani's avatar with the image in another case involving a Sega videogame and the former lead singer of Dee-Light, Kirby v.

Sega of Am. You might think this fight over the name, "Pint," was a beer dispute. This week's Case of the Week examines what happens when two urinal manufactures get into a legal dispute over the names of their products. Pint of Yellow LiquidThe urinal and its bathroom cousin, the toilet, use a lot of water.

As people have become more concerned about the environment, manufactures have joined the party, developing so-called green products, and urinal makers are no exception. After all, no self-respecting urinal manufacturer wants to be known as a truck stop eco-terrorist. Both Zurn and Sloan wanted to help save the planet by making eco-friendly urinals. Zurn developed a urinal Mother Nature would love and named it, The Pint.

The U. They're called fractional flush because they use a fraction of the water regular urinals use when you flush them. Not to be outdone, the nature-loving folks at Sloan came out with their own environmentally sound urinal, the Sloan 1 Pint Urinal System. Not unlike a fraternity pledge spotting someone swiping his pint of Guinness from the bar, lawyers for Zurn swung into action. Zurn demanded that Sloan stop marketing its allegedly infringing urinal with "pint" in its name.

In an apparent attempt to maintain peace and harmony in the urinal world, Sloan changed the name of its urinal from the "Sloan 1 Pint Urinal System" to the "Sloan Pint Urinal System. Simply deleting the numeral, "1," from the name wasnt enough. Sloan refused, and Zurn's trademark lawyers did what it takes to become the Case of the Week.

They sued. In its case, Zurco, Inc. Sloan Valve Co. Specifically, Zurn argued that Sloan's name caused a likelihood of confusion among potential customers. Sloan countered that -- despite Zurn's federal trademark registration --The Pint was not a legally protectable trademark for a urinal because the mark was generic, a trademark legal term meaning the name is a common, general term with no secondary meaning.

Sloan argued that pint was merely an identification of a type of urinal -- one that uses one pint of water when flushed. Thus, Sloan argued, urinal purchasers would associate the term, pint, with the flush volume of the urinal, not the maker of the urinal, Zurn.

In attempting to decide the dispute between the fighting flushers, the federal court applied the so-called primary significance test, used in many cases, including A. Canfield Co. Under the primary significance test, the court determines whether the primary significance of a term in the minds of the consuming public is the product or the producer. The court illustrated the difference by citing E.

Browne Drug Co. Cococare Products, Inc. Zurn disputed the generic label by noting that, in the toilet and urinal industry, flush volumes are described -- not in pints -- but with the terms, gallons per flush GPF and liters per flush LPF.

In fact, Zurn claimed the use of gallon and liter by those other wasteful water-hogs in the toilet and urinal industry was precisely why it chose the unique term, pint. However, Sloan countered that pint had become an industry standard, noting that American Standard has used pint and 1 point since , Mansfield Plumbing Products has used 1-pint for its Brevity line of urinals, and Caroma USA had used one pint for its Cube Ultra line of urinals for two years.

Unfortunately for Sloan, the court noted that none of those urinal craftsmen had used the term before Zurn introduced the Pint in In addition, Zurn argued it had been diligent in sending cease and desist letters to the allegedly infringing urinal producers, a requirement for protection under trademark law. To Be ContinuedIn denying motions for summary judgment on most issues, the court held that there were genuine issues of material fact as to whether The Pint was generic.

As a result, the case will move forward, and more evidence about urinals and what people call them can enter the hallowed halls of American jurisprudence. Yes, this week, we go to Massachusetts to bring you the law of chicken head damages. Because she was a full-time employee, she asked her boss, Victor Grillo Jr.

Grillo was very happy to give Ms. Cappello the medical coverage she desired, but it seems there was a catch. Grillo said Ms. Cappello could have the medical insurance only if she wore a chicken head mask. Grillo wrote in an e-mail. We're not making this up. We couldn't come up with stuff this good. Even with major medical and hospitalization coverage for her young daughter on the line, Ms.

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