Monthly Archives: July 2004

Who Gets Custody of the Alligator?

Further to the law and animals theme, today's Herald has an interesting feature on what happens to pets in divorce: Divorcing couples fight like beasts over pets.

Given the number of childless people I know who call their pet “baby” or refer to their spouse as the pet's “mummy” or “daddy”—something I as a parent always find a bit startling—I bet this happens a lot.

It seems that, in Florida at least, pets are chattel property under law, so you cannot have court-ordered visitation: “Our courts are overwhelmed with the supervision of custody, visitation and support matters related to the protection of our children,'' a Florida appellate court ruled. “We cannot undertake the same responsibility as to animals.''

Update: The leading Florida case is Bennett v. Bennett, 655 So. 2d 109 (Fla. 1st DCA 1995), and as it's short and not on findlaw, I've put the text in the extended.

For commentary, see Who Gets Fluffy? Division of Pets in Divorce Cases (“a family pet is an item of personal property, and principles concerning the classification of this property apply. Once it is determined, however, that the family pet is marital property or that the court has the authority to award the family pet to one party or the other, then the court may consider who would better care for the pet and who has the greater attachment to the pet. This is really no different from the many cases that award a particular piece of property to the party who asserts a greater sentimental value to an item of property”).

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Posted in Law: Everything Else | 1 Comment

Exam Question: Is an Alligator a Deadly Weapon?

AP reports that a Port Orange Florida Man accused of hitting woman with gator:

A man hit his girlfriend [Nancy Monico, 39] with a 3-foot alligator and threw beer bottles at her during an argument in the couple's mobile home, authorities said.

David Havenner, 41, was scheduled for a bond hearing Saturday on misdemeanor charges of battery and possession of an alligator.

Note that Mr. Havenner is not charged with assault with a deadly weapon, and Ms. Monico only says the gator “hit” her not “bit” her. No, the biting comes later in the story:

Havenner's version of the story differed. He told investigators that Monico bit his hand because she was upset that they had run out of alcohol.

Posted in Florida | 3 Comments

Comments Bug Fixed

I misconfigured MT-Blacklist, and it blocked all comments for a day. It's fixed now. Sorry about that.

Posted in Discourse.net | Comments Off on Comments Bug Fixed

California Dreams. Not Pretty Ones.

Here's the problem. I don't think Wayne Madsen is a nut. I’ve met Wayne a few times over the years at privacy-oriented events. He’s sometimes rumpled, often a little intense, has a spook-like love for conspiracy theory (forgivable since he is a sometime spook himself). He’s definitely out there on the fringe where left meets right, and we’re not always on the same page politically, but I have found him to be very well informed.

So what to make of his latest effort, Terrorism and the Election: California is the Target!? Wayne, like the best intelligence analysts, has an eye for a threat model. But to take this one seriously, well, the cynicism being alleged is immense…

Here’s the scenario we must be all be prepared for:

If the pre-election internal tracking polls and public opinion polls show the Kerry-Edwards ticket leading in key battleground states, the Bush team will begin to implement their plan to announce an imminent terrorist alert for the West Coast for November 2 sometime during the mid afternoon Pacific Standard Time. At 2:00 PST, the polls in Kentucky and Indiana will be one hour from closing (5:00 PM EST – the polls close in Indiana and Kentucky at 6:00 PM EST). Exit polls in both states will be known to the Bush people by that time and if Kentucky (not likely Indiana) looks too close to call or leaning to Kerry-Edwards, the California plan will be implemented. A Bush problem in Kentucky at 6:00 PM EST would mean that problems could be expected in neighboring states and that plans to declare a state of emergency in California would begin in earnest at 3:00 PM PST.

The U.S. Northern Command, which has military jurisdiction over the United States, will, along with the Department of Homeland Security and Schwarzenegger’s police and homeland security officials in Sacramento, declare an “imminent” terrorist threat – a RED ALERT — affecting California’s major urban areas.

Although the polls in California will not be closed as a result of the declaration, the panic that sets in and the early rush hour will clog major traffic arteries and change the plans of many voters to cast their ballot after work.

That terrorist emergency declaration could be made around 5:00 PM PST and with only three hours left for voting throughout the state, a number of working class voters in urban centers will either be caught up in California’s infamous freeway traffic and be too late to get to their polling places or be more concerned about their families and avoid voting altogether.

In most cases I'd dismiss this as 200 proof tinfoil hat stuff and forget it. But I know this guy. Yes, he's over-alarmist sometimes. But sometimes he's right. And he's talking about the guys with the very suspiciously timed press conferences announcing vague terrorist threats.

Even so, can't helping thinking that at least here in Florida we have more to worry about old-fashioned, low-tech means of stuffing the ballot box now that Jeb Bush has forced through a law that allows unlimited unwitnessed absentee ballots.

(Note: If Marsden is too much for you, try fiore, which is sorta the same idea, but funny.)

Posted in Politics: US: 2004 Election | 8 Comments

Paging Lt. Kafka

It came via “Yuks,” a jokes mailing list run by Gene Spafford, so at first I didn't think it was for real:

It appears that the US navy spokesman put up to answer journalists' questions about the US detention centre at Guantanamo Bay, Cuba, is one Lieutenant Mike Kafka. As the article on The Register (www.theregister.co.uk) observes: “Yes, you're reading that correctly. A man named Kafka has been deployed to field questions about a prison where the criminals are only vaguely charged with crimes, can't speak to lawyers and likely will never get out.” Any resemblance this reality bears to an actual fiction is entirely coincidental.

But it's true. (The item is worth reading by the way for its account of how Photoshop got deployed at Guantanamo.)

Posted in Guantanamo | 3 Comments

I Want This

I need one of these.

Wishlist: the million monkeys at a million typewriters plugin | A Whole Lotta Nothing: I want a MT plugin that will let a select group of my closest, most trusted friends correct typos in text and URLs on my blog posts and republish their changes without my intervention. …

Ideally, I'd like an easy way to say that 4 or 5 people I trust could make edits. And I suppose the edits should be checked before and after, with a certain byte count limit, lest you allow your friends to completely rewrite your post. An email telling me what took place would be nice, but I'd like my friends to go ahead and save their changes, with a way for me to rescue the earlier pre-edit entry just in case.

Actually, maybe it wouldn't be such a bad idea to allow anyone to suggest an edit on the post, sending me an email, with a one-click way to approve or disapprove it. Maybe after a random stranger has properly corrected me half a dozen times, I could elevate their status to having republish rights on the edits so I wouldn't have to approve them anymore.

A plugin like this would basically wiki-ize the weblog world, allowing readers to participate and correct small mistakes.

Yes, please! (spotted via Boing Boing)

Posted in Discourse.net | Comments Off on I Want This