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Friday, May 27, 2011

Y! Alert: Legal Blog Watch


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With Patriot Act About to Expire, Traveling Obama Uses 'Autopen' to Beat the Clock Top
Late Thursday night, the Patriot Act was minutes away from expiring. Although disagreements in Congress led to some members attempting to hold up legislative efforts to prepare a bill extending the Act, a bill was finally ready for President Barack Obama's signature in the waning hours Thursday night. However, there was a logistical issue: Obama was attending an international summit in France and was not in a position to physically sign the bill presented by Congress. The Los Angeles Times reports that with minutes to spare, however, Obama found a way around this problem by directing that the bill be signed in Washington via an "autopen," thus beating the midnight Thursday deadline. The autopen is a "little-known and infrequently used device" that can hold a pen and sign a person's actual signature, the Associated Press notes. It may only be used with proper authorization of the president. Does the use of an autopen satisfy the "Presentment Clause" of Article I, Section 7 of the U.S. Constitution, which requires that before a bill becomes law it must be "presented to the President of the United States?" Yes, according to the Office of Legal Counsel. Odd Clauses Watch wrote last month that...
 
'Hangover II' Injunction Denied, but Tattoo Dispute Goes Forward Top
On Thursday, the blockbuster sequel "The Hangover Part II" opened in theaters around the world as planned, despite the efforts of artist Victor Whitmill. As discussed here previously, Whitmill filed a copyright infringement lawsuit against Warner Bros. alleging that he owns the rights to the well-known "Mike Tyson tattoo" and that it cannot be reproduced on anyone's body other than Mike Tyson without his permission. In "Hangover II," Ed Helms' character wakes up to find what appears to be the Tyson tattoo inked on his face. In his lawsuit, Whitmill sought damages and an injunction on the Memorial Day weekend release of "Hangover II." In a ruling on Tuesday, U.S. District Court Judge Catherine Perry held that while she would not grant an injunction, Whitmill did have a "strong likelihood of prevailing on the merits for copyright infringement," Media Decoder reports. Perry denied the injunction because she found that it was in "the public interest" for the film to go forward. She wrote that thousands of other non-party business people in the country would lose money if the opening was enjoined. She added, however, that Whitmill may get the last laugh, though, because "[a]lthough the intangibles he's losing can't be...
 

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