bowlinger qua bowlinger

SCOTUS denied cert. today in Cavel International, Inc., v. Madigan (previously, Posner). The civil right to slaughter horses for human consumption continues to be denied in Illinois.

I apologize for my discontinuation of posts about food and the law. I will go back and update soon, especially what we had to eat. But right now I need some help! This week is the last meeting of food and the law, unless we can come up with some other topics for OB-S. I already sent him the Posner opinion about the horse meat, which he never responded to. What are some other food and the law issues? We’ve done taxing fat, tort liability, bio-engineered food, the problem with corn, and now we’re doing packaging and labeling. If you can  help suggest something and he agrees, I will try to get you into the meeting. Is that good incentive?

rougerouge on Flickr

Of interest is a recent appeals court decision in Wisconsin v. Hathaway. Here’s the opinion.

The appeals court ruled that by pleading out at the trial court level, he failed to preserve his appeal on the live/dead animal issue. I was worried about this kind of thing at the time, but a guilty plea was probably in the best interests of the defendant.

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… is Posner’s recent opinion in Cavel International, Inc v. Lisa Madigan. Posner reluctantly upheld Illinois’ recent law banning the slaughter of horses for human food purposes.

Some highlights to look forward to: (1) the picture of the lion eating a birthday cake on page 11, (2) Bo Derek on page 14.

PDF opinion here.

In my own ingroup of 16 judges (11 active members of my court, 4 senior members, and 1 nominee, who will replace an active member who will be taking senior status), only 2 are overweight (12.5 percent), compared to a nationwide average of 66 percent. Among my other friends, judicial and otherwise, the percentage who are overweight is probably no greater than 12.5 percent.

Social Obesity–Posner’s Comment

I’m really enjoying my mental image of the 7th circuit judges lining up for their monthly Posner weigh-in. Or maybe he’s got a mental checklist he’s constantly updating. I’m sort of hoping they’re all in training for some sort of relay race, which they’ll run in robes, with a writ of mandamus as the baton.

‘In thinking about the applicability of the rationale of the personal-name rule to the present case, we should notice first of all that camels, whether real or toy, do not go into business. Peaceable Planet’s appropriation of the name “Niles” for its camel is not preventing some hapless camel in the Sahara Desert who happens to be named “Niles” from going into the water-carrier business under its own name.’ Peaceable Planet, Inc. v. Ty, Inc. and H. Ty Warner, 362 F.3d 986, 70 U.S.P.Q. 2d 1386 (7th Cir. 2004).

 I can’t recommend this opinion enough to fans of camels, the name ”Niles”, or the town of Cassopolis, Michigan.

(in chronological order)

1. Apparently, two of Judge Posner’s favorite fonts are Century Schoolbook and Veranda. I was not really surprised by the first, but the second was a bit mind-blowing, especially since he used Veranda specifically for manuscripts about intelligence reform. Intelligence reform is no nonsense and brutish and whatnot. Veranda looks too fluffy for the subject.  The name even sounds wimpy - Veranda is more Gone With the Wind than Economic Analysis of Law.  Then I realized that all my typed notes for the last year were taken in that exact combination - Veranda for the header and Century Schoolbook for the text. Creepy.

2. Never, ever, ever assume anything. Just ask, even if it makes you seem stupid or pesky or whatever.

3. Don’t make chili while wearing a white shirt. This is self-explanatory.

I am sure I’ll learn more later this evening - the night is still young.