#alex wex

[kwexster]

°°°·.°·..·°¯°·._.·ɪɴᴛʀᴏᴅᴜᴄᴛɪᴏɴ·°°°·.°·..·°¯°·..·

HIHI HELLO my name is allen mostly prefer Alex or kwex(kuh-wex)

14

idk for prns(he/him maybe)

gendefluid/omni/asexual

i have many people but most ones r Jonny from gotham,Alex from elephant

i have dyslexia and possible autism and ADHD

im mentally ill and deranged

i went thru hell and back when I was five👍

hispanic

[chrancecriber]

Radio NET Bulgaria (December 28, 2022)

23:56 NORMAN BROWN - It Keeps Coming Back 23:52 KEN NAVARRO - Walking Each Other Home 23:49 VINCENT INGALA - Snap, Crackle, Pop 23:45 BE'NE MUSIC - Missing You 23:41 PAUL DOZIER - No Ordinary Love 23:37 JEFFERY SMITH - Groove You Tonight 23:33 JEANETTE HARRIS - You Can Dance 23:29 KOOL&KLEAN - Cruise 23:24 JAZZ FUNK SOUL - Fall Departs 23:20 BRIAN SIMPSON - Here with You 23:15 NICHOLAS COLE - Between Us (feat. Michael Stever) 23:11 BLAIR BRYANT - Red Tiger 23:06 NILS - Hey Ya 23:00 MARCUS ANDERSON - Clean Heart 22:55 ROGER SANCHEZ - Another Chance (Afterlife Mix) 22:49 R.I.B - I Look At Sea Horizon 22:45 FILIPE NARCISO - Forbidden Love (Original Mix) 22:41 JENS BUCHERT - Polaris (feat. Shine) 22:37 LOWLAND - Seven Cities 22:32 SEXY LIYA, DEEMA - Chemistry Of Love (DJ Shved Remix) 22:26 DEEP SECTOR - Rainbows (Original Mix) 22:21 DJ SHAH, ADRINA THORPE - Who Will Find Me (Acoustic Version) 22:18 SWEET EUPHONY - After We Close Our Eyes (Chillout Version) 22:13 ANN GRACE - Moon In Love 22:08 ABOVE & BEYOND, OCEANLAB - I Am What I Am (Original Mix) 22:05 ZARA, SNATT & VIX - No Angel (Zetandel Chill Out Mix) 22:01 DUBDIVER - Desert Land (Eternal Calling Mix) 21:58 SCUBBA, IVETTE MORAES, RONAN - The Sweetest Taboo (Remix) 21:55 SENSPROOF - Starflight (Alex Atmospheric Chillout Remix) 21:52 ACTIVA, JULIE HARRINGTON - You Are Here (Ambient Mix) 21:49 ASHLEY WALLBRIDGE, ELLEAH - These Walls (Album Mix) 21:43 SHERRIE LEA - No Ordinary Love (Arnold T Chill Mix) 21:37 ADELE - Skyfall (Skerdi M & Angelo DownTempo) 21:33 BLANK & JONES, ELLES - Mind Of The Wonderful (Acoustic Version) 21:28 YIRUMA - River Flows In You (N-Drew Fate Remix) 21:24 SYLVERING - Strangelove 21:21 LEO ROJAS - Flying Heart 21:15 MILA - Impation 21:11 FOR FOUND FUTURE - Time Is Moving (Chillout Lounge Mix) 21:07 GARBAGE - Milk 21:02 MEDINA - You & I (DJ Petroff Remix) 20:58 TYDI, TANIA ZYGAR - The Moment It Breaks (Original Mix) 20:52 JOHN DAHLBACK - Everywhere (D.O.N.S. vs. Tranquillo chill mix) 20:48 ZAZA, JORGE NAVA - Broken (Chill Mix) 20:43 DINKA - Hotel Summerville (Original Mix) 20:39 SOLID SESSIONS - Janeiro (Chiller Twist Blue Line Remix) 20:33 VIVIAN LACOSTE - Clair Del Mar 20:28 ALBERT ST. BARTH - Sabor Do Lounge 20:22 20SABANCI - As Faces Fade (Domenico Cascarino & Luca Lombardi Chill Out Remix) 20:15 AUROSONIC, KATTY HEATH - My Good Place (Mark Otten Downtempo Remix) 20:12 DJ PAULBASS, DJ GORODNEV & P.KOLVINKOVSKY - Call Me (Lounge Mix) 20:08 HEAVN - Bright Lights 20:01 TORNIKE - Night Steps (Original Mix) 19:55 GREEN POINT ORCHESTRA - Miriam Dub 19:50 GARY B - Time To Slow It Down 19:47 LOST FREQUENCIES, FLYNN - Recognise (Acoustic Version) 19:42 ATB - Let U Go (Schiller Remix) 19:38 MICHAEL E - People Watching (Rubber Neck Mix) 19:32 351 LAKE SHORE DRIVE - Soiree Rouge (feat. Blueberry) 19:28 KIRSTY HAWKSHAW, TENISHIA - Reason To Forgive (Piano Mix) 19:23 ANDAIN - Much Too Much (Zetandel Chill Remix) 19:19 EMMA HEWITT - These Days Are Ours (Zetandel Chill Out Mix) 19:13 CHRISTIAN HORNBOSTEL - Waiting At Potsdamer Chaussee 19:08 SUNLOUNGER, ZARA TAYLOR - Lost (Chill Version) 19:04 ALY & FILA, JWAYDAN - We Control The Sunlight (Chill Out Mix) 19:00 MICHAEL ANGELO, MELISSA LORETTA - Hearts Unspoken (Christopher Breeze Chillout Mix) 18:53 KITARO - Matsuri 18:49 THOMAS ANDERS - You're My Heart, You're My Soul (Acoustic Version) 18:44 SAGI REI - Fall Again 18:39 RHEINGOLD ENSEMBLE - Deja Bo 18:35 SUPER8 & TAB, JAN BURTON - Free Love 18:31 PIANOCHOCOLATE - Les Souvenirs (Original Mix) 18:27 AREA CODE 51 - Chillout In Paris 18:22 BISSEN, THE CROSSOVER - Washout (Piano Mix) 18:19 CJ STONE, ANNA TURSKA, SHERLOCK - Believe Me (Chill Out Classic Mix) 18:16 HOUSE MASSIVE, J. GOLUBEVA - Apologize 18:10 GAZEEBO - Shiny Lust 18:05 IT'S DIFFERENT - Tell Me 18:01 PELARI, COLLIN WEX, DOMINIQUE FRICOT - Oasis (CollinWex Chill Mix) 17:56 BLUE STAHLI - Corner (Ad Astra Remix) 17:53 MARIUS NEDELCU, RED HEAD - Rain (Acoustic Version) 17:48 ZETANDEL, TIFF LACEY - Cosmos (Original Mix) 17:44 NURKO, AUTREY - So Far Gone 17:41 LEMON ICE - Hello 17:34 LA NUIT DEL MAR - Everybody (Luxury Lounge Cafe Mix) 17:29 JOSEPHINE SINCLAR - Paradise Deluxe 17:25 GORDON GECO - Fade In Away 17:20 HARD GREY, HOUSE REPUBLIC - Music Sounds Better With You (Eat More Cake Remix) 17:15 HESS IS MORE - Yes Boss 17:11 GABRIELA MENDEZ FUENTE - Romance In Ibiza (Orchester Lite Edit) 17:06 ATB - Still Here 17:00 LUSTRAL - Someone (Original Mix) 16:55 NAJEE - Center of the Heart 16:51 UNDER THE LAKE - Can't Believe It's True 16:47 MARION MEADOWS - Miami 16:42 PETER WHITE - Bittersweet 16:38 BLAIR BRYANT - Smooth Sailing Tonight 16:34 WALTER BEASLEY - Expressway 16:29 DREW DAVIDSEN - Double or Nothin' 16:25 BLAKE AARON - Shine 16:21 WAYMAN TISDALE - Way Up 16:17 ROD BEST - A Moment In Time 16:12 CHILLAXONIC - Quintessence 16:08 JACOB WEBB - Near the Amazon 16:04 PIECES OF A DREAM - Gettin' Through It 16:00 VERNON LOUIS HICKS - Je'anne (feat. Austin Jay) 15:55 BRAD ALEXANDER - Through the Fire (feat. Andrew Gouche) 15:51 PAUL DOZIER - Myrtle Beach 15:46 BRIAN CULBERTSON - Later Tonight 15:42 ACOUSTIC ALCHEMY - Catalina Kiss 15:38 SEAN U - Xlr8 15:34 PAUL BROWN - Softly, as in a Morning Sunrise 15:30 NILS - The Hump 15:25 MICHAEL LEMMO - Nobody Knows 15:22 PEET PROJECT - Bring Me To Life 15:18 PHIL DENNY - Ride With Me 15:14 NORMAN BROWN - Spirit Power 15:09 JAZZ FUNK SOUL - Keep Holding On 15:05 LOUIE FITZGERALD - Surviving the Storm 15:00 NICHOLAS COLE - Feelings 14:56 AL DEGREGORIS - Mauritius 14:53 DAVE SERENY - Talk To Me 14:48 JOE MCBRIDE, THE TEXAS RHYTHM CLUB - Morning In A Distant Land 14:43 PAUL HARDCASTLE - Domino Effect 14:39 RAINFOREST BAND - Annisa 14:35 KENNY NIGHTINGALE - My Saxophone 14:31 RICK HABANA - Eclipse 14:27 BENNETT B - MIdnight Passion 14:22 KIM WATERS - Go 14:18 GREGG KARUKAS - Show Me The Way 14:14 KEN NAVARRO - Into The Light 14:10 JAREZ - Take My Time 14:05 BRANDON WILLIS - Bring It On 14:00 PETER WHITE - Our Dance 13:56 DEON YATES - Suit and Tie 13:52 CAROL ALBERT - Sometime 13:47 JAY KING - Soulful Bossa Nova 13:43 THREESTYLE - Prime Time (feat. Magdalena Chovancova & Robert Fertl) 13:39 CHRIS STANDRING - Snowfall 13:34 LIN ROUNTREE - Fluid 13:30 DANIEL DOMENGE - Always to Run 13:26 NILS - Waiting on Hold 13:21 LARRY CARLTON, PAUL BROWN - Miles And Miles To Go 13:17 JEANETTE HARRIS - Thankful (feat. Joel Bowers) 13:13 STEVE OLIVER - Chips And Salsa 13:09 RICHARD ELLIOT - Ricochet 13:04 EUGE GROOVE - Tango in Rio 13:00 ANDRE DELANO - Vocalistic 12:56 OLI SILK - the Limit's the Sky 12:52 NILS - My Friends 12:48 JACKIEM JOYNER - Trinity 12:44 PIECES OF A DREAM - One for the Money 12:39 NELSON RANGELL - Welcome Home 12:35 NORMAN BROWN - Up 'N' At 'Em 12:30 GERRY SMOOTH - Let's Dance 12:27 DEAN JAMES - Georgia On My Mind (feat. Salio) 12:24 WALTER BEASLEY - Be Thankful 12:19 QUINTIN GERARD W. - Attitude Indicator 12:16 NICHOLAS COLE - It Ain't Over 12:11 KEN POWE - Wish You Were Here 12:08 VINCENT INGALA - Personal Touch 12:03 JEREMY HECTOR - Islander 12:00 MARK JAIMES - ABC 11:56 BENNETT B - Buenos Aires 11:51 MICHAEL LINGTON - Til the Morning Light 11:47 MARCUS ANDERSON - Hazelnut 11:42 JAWANZA KOBIE - Let Me Lead 11:37 KEN NAVARRO - By My Side 11:32 GEORGE JINDA - Beautiful Gold 11:29 DAVID BENOIT - @Home 11:24 JULIAN VAUGHN - Ecstasy 11:20 RICK BRAUN - Love Will Find a Way 11:17 DEON YATES - Wiseguys 11:12 ALTHEA RENE - Inner Circle 11:09 JAY KING - I Once Had Your Love 11:04 ROB TARDIK - You Know What I Mean 11:00 BOBBY LYLE - Living In The Flow 10:55 TONY LINDSAY - Soul Soldier 10:51 LES SABLER - Tranquility 10:47 ADAM HAWLEY - Just A Friend Of Mine 10:42 DOMINIC CAMARDELLA - Carmelita 10:38 LEBRON - Red Hook 10:34 JOHN E. LAWRENCE - Wake up the Groove 10:30 JOY RIDE - Joy Ride 10:25 EUGE GROOVE - Of Course 10:21 PAUL BROWN - The Rhythm Method 10:17 NILS - Don't Hold Back 10:13 FOSTINA DIXON - More 10:09 JACKIEM JOYNER - Europa (feat. Keiko Matsui) 10:04 STEVE OLIVER - Long Road 10:00 NORMAN BROWN - West Coast Coolin' 09:55 RAGAN WHITESIDE - Gonna Fly 09:51 MARCIN NOWAKOWSKI - Huggy Bear 09:46 DAVE KOZ - Surrender 09:42 PAUL JACKSON JR. - B.F.A.M. (Brothers from Another Mother) 09:38 FREDDIE FOX - No U Turn 09:34 SAM BASSMAN JENKINS - That Moment 09:30 VINCENT INGALA - Sexy Mama 09:25 JOYCE COOLING - Jelly on My Jacket 09:21 CHAN HALL, TONY CRADDOCK - Stay Awhile 09:17 BRIAN CULBERTSON - Your Smile 09:12 PIECES OF A DREAM - Just Do It! 09:09 JESSY J - Mr. Prince 09:05 BRANDON WILLIS - Next Friday 09:00 KEN NAVARRO - Stoned Soul Picnic 08:57 ERIC DARIUS - Heaven Sent 08:52 RICHARD ELLIOT - Ain't Nothing Like The Real Thing 08:48 JULIAN VAUGHN - Loving You 08:44 RICK BRAUN - Me And You 08:39 ANDY SNITZER - She Loves Me 08:34 DREAMING IN COLOUR - Yearbook 08:29 AL DEGREGORIS - Odyssey 08:24 BOB BALDWIN - It's a New Day 08:20 MARION MEADOWS - Consequences 08:17 PHILLIP DOC MARTIN - Pocket Love 08:13 PETER HEROLD - Something About The Name Jesus 08:09 CRAIG SHARMAT - Outside In 08:04 PETER WHITE - Walk On By 08:00 JAY KING - Baby Lets Dance Tonight 07:56 KONSTANTIN KLASHTORNI - If I Told You 07:50 CINDY BRADLEY - Sonny's Home 07:45 PAUL BROWN - Las Vegas 07:41 PHIL DENNY - Kinda Wanna 07:36 JAREZ - All Night 07:31 JACKIEM JOYNER - In Love Again 07:27 MICHAEL ROSS - On the Beach with You 07:22 CHRIS GODBER - Energy 07:16 MARCUS ANDERSON - I Surrender All 07:12 RAGAN WHITESIDE - How Do You Know (vocal) 07:08 DAVE KOZ - Together Again 07:04 BE'NE MUSIC - Journey 07:00 LUKAS LEUTHOLD - When I See The Sunshine In You 06:56 BLUEY - You Are the One 06:51 GERALD ALBRIGHT - So Amazing 06:47 DEE BROWN - Deep Secrets (feat. Blair Bryant) 06:44 KENNY PORE - Love Crossover 06:39 BLAKE AARON - Groovers and Shakers (feat. Darren Rahn) 06:35 PATRICK YANDALL - Down at the Shell 06:31 NILS - Let's Bounce 06:27 DREW DAVIDSEN - I'm Into You (feat. Ron Tyson) 06:23 ERIC DARIUS - Jean Maries Groove (Dedication for Prvcy Jeans) 06:19 PETER WHITE - Stormfront 06:15 REGGIE CORDINGTON - Waterfalls 06:10 VINCENT IOIA - Caribbean Nights 06:04 OLI SILK - This Was Then, That Is Now 06:00 DAN SIEGEL - A World Away 05:56 GREGORY GOODLOE - All the Way 05:51 ROBERTO RESTUCCIA - That's It For Tonight 05:47 MARCIN NOWAKOWSKI - I Love Your Smile 05:42 RICHARD ELLIOT - Moomba 05:38 PHILLIP DOC MARTIN - Beautiful 05:34 VINCENT INGALA - Baby I'm Hooked (Right Into Your Love) 05:30 TONY SAUNDERS - Celebrate You 05:26 FREDDIE FOX - Southern Ways 05:22 MARCUS ANDERSON - Paisley Red 05:18 KIM WATERS - Hidden Treasure 05:13 LOUIE FITZGERALD - Plantation Key 05:09 ROB TARDIK - Flip Flop 05:05 AL DEGREGORIS - Connect the Dots 05:00 MEKIEL REUBEN - Stop Stalling 04:56 JAREZ - Driving Force (feat. Willie Bradley) 04:52 NORMAN BROWN - Won't You Stay 04:48 JAKOB MAGNUSSON - Hook, Line & Sinker 04:44 JIM ADKINS - Into the Storm 04:40 CHUCK LOEB - Springs 04:36 BONEY JAMES - Solid 04:33 MILES GILDERDALE - Where I'm Going 04:29 EDGARDO CINTRON - Together Again 04:25 MARK ETHEREDGE - Resonance (Remastered) 04:21 DEE LUCAS - Zimbabwe 04:17 PETER WHITE - Life Story 04:12 KEITH MASON - He's Holy 04:08 THE SMOOTH JAZZ ALLEY - Let's Ride 04:04 MARCUS JOHNSON - Sunday @ Sequoia 04:00 DAVE BAKER - California Dreaming (feat. Rich Kurtz & Walter Runge) 03:56 MARC ANTOINE - Groovin' High 03:52 JEANETTE HARRIS - People Make The World Go Round 03:47 ANDRE CAVOR - Heaven 03:43 FUNKTASTIC PLAYERS - Second Date 03:38 ERIC MARIENTHAL - Flower Child 03:34 GARY MEGGS - Life's Little Changes 03:30 DON VINO - Worried (Feat. Tye Platinum) 03:27 WADE C. LONG - Happy Go Lucky 03:23 TERENCE YOUNG - Love Ballad 03:19 JAZMIN GHENT - Kickin It Up 03:14 REZA KHAN - Painted Stories 03:11 BENNETT B - Together We Stand 03:08 ADAM HAWLEY - Dance With Me (Feat. Gerald Albright) 03:04 PHILLIP DOC MARTIN - Sexy Love 03:00 CHRIS STANDRING - Whatever She Wants 02:57 VINCENT INGALA - Look At Me (I'm In Love) 02:52 JOHN E. LAWRENCE - Photo Shoot 02:48 RONALD BOO HINKSON - Simply Beautiful St. Lucia 02:44 CAROL ALBERT - Fly Away Butterfly 02:40 GIL - You & Me 02:35 GINO ROSARIA - Island Life 02:31 ROB TARDIK - That's a Strut 02:26 AL DEGREGORIS - East 86th 02:22 DAVE KOZ - Can't Let You Go (The Sha La Song) (feat. Luther Vandross) 02:18 JAREZ - All Of Me 02:15 PEET PROJECT - Down to the Lake 02:11 DEE BROWN - Love You Too 02:07 EUGE GROOVE - Hey Boo 02:03 2UNES - Rock Steady 02:00 RICK HABANA - LA to KC (feat. Blair Bryant) 01:55 DEE LUCAS - Dollar Bill 01:51 JACKIEM JOYNER - Close 2 You 01:45 DEE LUCAS - Take The L 01:41 PETER WHITE - Venice Beach 01:36 NELSON RANGELL - That's the Way of the World 01:32 THE SMOOTH JAZZ ALLEY - Night Out 01:28 KENNEY POLSON - Love on a Two Way Street 01:23 MARC ANTOINE - Follow Your Bliss 01:18 MADOCA - Surrender 01:13 AMANDUS - Chrome Improvement 01:09 MICHAEL HAGGINS - Gift To The World 01:05 PETER HEROLD - The Way You Are 01:00 RANDY SCOTT - Intimacy 00:56 SONIX - Cloud 9 00:52 KONSTANTIN KLASHTORNI - Chica Timida 00:47 DAVID DAVIS - If Your Girl Only Knew 00:42 ACOUSTIC ALCHEMY - Now I'm on My Way 00:38 GREGG KARUKAS - Fly Away (Thinking of You) 00:35 BEN TANKARD - Afternoon Nap 00:31 J. WHITE - Just Ride 00:27 PHILLIP DOC MARTIN - Flowin' with It 00:21 NICK COLIONNE - Whatcha Gonna Do 00:18 DANNY LERMAN - Saxsultan 00:14 JOYCE COOLING - Take Me There 00:09 LOWELL HOPPER - Night Song 00:04 CHRIS GODBER - Soul Searchin 00:00 GABRIEL MARK HASSELBACH - Hang On To Your Love

[lilacskyent-blog]

Breakfast with Alex Wex

People have a million opinions and false facts about the digital world we live in today, and even more about social media. For a lot of people, they use platforms like Instagram and Twitter to follow celebrities, and some use it to bully celebrities. Most forget that that connection can also be used for good. We live in a world of amazing accessibility and, when used properly, could foster a wonderful connection between people. A prime example of this is the Will Smith Jump event that took the internet by storm, that all started with a video message. It’s incredible what can happen when you reach out to people. That was the main thought in my mind before sitting down with Alex Wex yesterday. Alex Wex is an amazing Twitch streamer, and until recently, was a producer for FBE and REACT on Youtube. As of this interview, Alex Wex has fostered a wonderful community through Twitch and Discord known as the Jank Squad, and recently broke his view count record at 210 viewers for his birthday stream, also hitting close to 600 subscribers. Given that I was in Atlanta and he was in LA we couldn’t actually meet for breakfast like I usually do so we had an amazing video chat instead.

So for starters, I just want to thank you for sitting down with me. I’ve been following your work since I first saw you on FBE and I think you’re an awesome dude so thanks. I wanna start at the very beginning because I’m really interested in your story. So, I know you went to high school in Atlanta, GA. What can you tell me about that?

I was actually born in Manhattan, my family moved to Atlanta around pre-K and I lived there up until I graduated from Riverwood High School. All my friends wanted to go to UGA or Georgia Tech but I was really interested in traveling and branching out, so I went to Ohio for college, and now I live in L.A. I made some truly amazing friends in Atlanta, and having this kind of east coast, south culture mixture has made life pretty interesting.

When did you know you wanted to work in entertainment, and what led to you becoming a producer?

When I was a kid, my family liked to record family videos, and I always wanted to see the recording. I had the eye for production pretty early. Once I started high school I got involved in performing, did Grease, The Wiz, and a few other school plays that got me interested in the performance aspect as well. In college, I majored in video production with a minor in film and sociology so I gained real knowledge of the art that happens behind the camera.

How does one go from school in Atlanta to working at FBE?

As I mentioned before I went to college at Ohio University, what got me was their video production department. I actually still work with the head of the department and speak to the alumni when they come here, advising them on some dos and don'ts. As a graduation gift, my Dad gave me an all expense paid trip to anywhere I wanted to go in the U.S for a few days and I chose L.A. So I was here, hanging out with my current roommate Johnny and we just decided to come out here permanently and live the dream. So I packed up my car and drove from Atlanta to LA and started looking for internships while working at Chipotle.I first joined FBE as an intern, then got hired as a PA and eventually was a writer for some of their scripted shows, and I worked my way up until I was offered the producer position. I loved producing because that involved every aspect of working behind the camera, from writing to filming to editing and seeing the baby from birth to fully grown. Being in front of the camera came back when FBE launched the community team and started streaming on Twitch.

Watching Alex grow on YouTube, putting reactors in hilarious challenges, eat crazy concoctions and brave some insane hot sauces that would make Sean Evans proud, his personality radiates through the screen. His passion for both sides of the camera is clear in the quality of every video he makes. However, taking part in one of his Twitch streams gives you an even more full experience. It’s like the difference between a teaser trailer and a full film.

Freddy or Jason?

Freddy is my favorite in Dead By Daylight but I love Jason, in fact, Friday the 13th was the first game I ever streamed. I’d have to say, Jason.

So, we were in high school in the baby years of YouTube, I mostly used it for music videos and anime, I think back then I only followed Phil Defranco and Timothy Delaghetto consistently. Back then, did you ever look at YouTube and think “this is going to revolutionize the world and turn traditional media on its head?”

Yeah, it’s changed everything. Almost every network has a YouTube channel now. Late night shows and things like SNL upload segments that get massive amounts of views. YouTube is still growing, testing out its premium service and channel enrollment and things like that, but it’s exciting to see where it’s going to end up.

It’s even crazier when you think about how much Twitch has already changed the game.

Definitely, I mean we’ve seen what happens when some of the top YouTube creators come over to Twitch and realize that it’s completely different from what they’re used to. It’s more like an improv radio show, you have to be on for two or three hours and avoid dead air, rather than being able to edit something together. It’s hard to be constantly entertaining when you're used to delivering a finished edit rather than a live audience. For example, Logan Paul had over 100,000 people in his first stream but after that, the numbers dropped just cause that’s not his world. Live Streaming is a constant conversation. It’s the opposite of YouTube.

I remember seeing YouTubers flood to Twitch after the adpocalypse and feeling like it made no sense. A lot of vloggers and creators who never expressed any interest in video games were all suddenly obsessed with Fortnite. However, when people like Alex Wex came to Twitch they brought genuine love of gaming, skill, and a great sense of community.

What insight can you give into the world of a producer? Especially on the internet, how to figure out what videos are gonna get views or go viral?

It’s a case by case basis depending on what you make. With Challenge Chalice, we made it during the high point of internet challenges and we had consistent challenges to make content with constantly, but this past year challenges have kinda quieted down so that got more difficult. We revisited and revised a lot of earlier challenges to make them more interesting, and that has to do with being present during every step of the process. You can’t slack off on anything, from script to editing. Being organized is key, and definitely take on the ideas and criticisms of the people working with you. Be flexible and open-minded. It’s not about balance, it’s about harmony.

3 Breakfast must haves?

Bacon

Grits

Belgian Waffles are incredible

Hack-n-slash? RPG? Or FPS? And why?

That’s complicated. Overwatch is one of my favorite games but it doesn’t play exactly like an FPS. For me, hack-n-slash for games like Dead Cells, Rogue Lights, I love games with massive replay value. I’m playing Diablo 3 on switch right now and I love it.

What games are best for streaming? Does the game you play matter?

A little, but it shouldn’t be everything. You want your audience to gravitate towards your personality. Never play something you don’t enjoy playing. I love Overwatch and it’s not one of the current hot stream games but I love playing it. Story games are complicated. If people miss parts of story mode games they tune it out cause they won’t know what’s going on. More than anything put your own spin on what you’re doing. For example, when I do Dead By Daylight I do stream vs chat where my chat helps the survivors escape if I’m playing the killer. In fact, chatting streams are starting to really blow up. It’s more about the person playing than the game they play.

What game has you hype for 2019?

That’s tough, but probably Kingdom Hearts 3. I’m excited for Smash Bros for my last game of 2018 too.

What led you to Twitch?

I’d seen some of it, but Tom had been doing it for 6 months and kept suggesting it until one day I finally did. I had a decent setup with an ultra-wide monitor and Tom’s old video capture device and I started streaming Dead by Daylight. We actually came into the name Jank Squad because of how janky the streams were in the beginning.

What led you to leave FBE and what are you working on now?

I wanted to focus more on my Twitch, and it was exhausting streaming at work on the days when I’m also streaming at home. I wanted to give my audience the most energy I could and be more involved with them as a community. I’m creating new ways to interact with my audience, more active in my Discord, and after working there for 5 years I felt stuck. There wasn’t any new learning experience and things felt a little sour and monotonous with the new direction things were going in. I’m actually getting a new camera and a green screen to upgrade the stream quality. I’d love to make partner with Twitch.

What’s the dream?

I take things to step by step. I’m definitely in a transition right now. I’m looking for another good full-time job at the moment. I’d love to be a full-time streamer but I’d also love to produce my own stuff and then stream after work. Streaming is probably one of the most consistent things I’ve ever done. Funny enough, that’s part of what got me into it cause Tom knew my leisure activity was video games, and streaming just takes that to another level. It definitely takes work, but the community you foster on this platform is unlike any other with the rating system and how everything is set up.

Alright so the zombie apocalypse is upon us and you can have 1 mortal character, one god tier video game character, and one Reactor in your survival squad, who you got?

Kratos from God of War 2 causes his chain blades would tear through everything, my regular would be Leon from Resident Evil 4 cause his aim is amazing and he’s used to zombies, and my Reactor would be Chelsea cause she knows so much about The Walking Dead. That’s my squad.

East Coast or West Coast

East, it’s where I was born and bred.

Top 10 songs or artists on your playlist right now?

Meek Mill- Intro with the amazing Phil Collins sample

Tyler the Creator’s Grinch is great for the holidays

The Cool-Lupe Fiasco

Chance The Rapper’s new songs

Paramore- Ain’t It Fun

You come from the same city I did with only a two year age difference, and you’re the first brown face I saw in relation to FBE and now you’re killing it on Twitch. Do you know how dope you are?

I appreciate that. I like to think I’m dope in some ways but I also do my best to keep it real, keep myself humble, and not letting the numbers get to my head. I hope everyone thinks they’re fucking awesome, cause they are. I have my good and bad days but I like to look at what has been built and keep grinding. Everyone is on a different time stream. I don’t want to rush things, I’m on my own path, and right now I just wanna build this community.

I for one, am excited to see what comes next from Alex Wex, including his stream later this week. You can find him @ItsMrWex

-Strawberry Smirk of Lilac Sky Entertainment

[wisconsinprelawland-blog]

Limitations Of The Right To Counsel And Impacts

By Alex Pagel, University of Wisconsin-La Crosse Class of 2021

June 19, 2020

Ratified as part of the Bill of Rights in 1791, the Sixth Amendment addresses the rights of American citizens when facing criminal prosecution. There are many rights afforded to citizens in the Sixth Amendment including the right to public trial by an impartial jury of the state and district wherein the crime shall have been committed; the right to be informed of the nature and cause of the accusation; to be confronted with the witnesses opposing him; to have the ability to obtain witnesses in his favor, and to have the assistance of counsel for his defense1. For the last two and a half centuries, this legislation has been a cornerstone of proper adjudication in America. The Sixth Amendment's right to counsel guarantee is particularly important to Americans and has been subject to significant interpretational modification over time. The provision’s original wording granted each citizen the right to the ‘assistance of counsel’, but did not clarify what constitutes such assistance. Over the course of the 20th century, though, this uncertainty has become more clear.

In one of the first cases surrounding the matter, the 1942 case of Betts v. Brady, the Supreme Court held that defendants who were unable to afford an attorney did not have the right to one appointed by the state under the Sixth Amendment2.  However, this was overturned in Gideon v. Wainwright (1963) which asserted that state-appointed counsel must be provided to defendants if they can’t afford private representation in all cases facing felony charges3. Having clarified who the Sixth Amendment protected,  the Court then addressed what exactly constitutes effective counsel. In Strickland v. Washington (1984), a two-part test was established to determine if a defendant’s counsel adequately represented the defendant. This test requires that in order to prove ineffective counsel, a defendant must show (1) that their trial lawyer's performance fell below an objective standard of reasonableness and (2) a reasonable probability that if not for the counsel's unprofessional errors, the result of the proceeding would have been different4. The Court then utilized Brewer v. Williams (1997) to specify when counsel becomes guaranteed. Here, it was declared that the right to counsel is earned “at or after the time that judicial proceedings have been initiated against him (the defendant), whether by formal charge, preliminary hearing, indictment, information, or arraignment”5. These limitations do not ensure the defendant counsel at any time before an arrest has been made and provide some clarity as to what constitutes legitimate assistance of counsel under the Sixth Amendment.  

As the litany of changes in the interpretation of the right to counsel shows, it’s understanding has drastically changed over time. What was once a right afforded to those who could only afford private representation is now one which is guaranteed to any person facing criminal prosecution. Yet, this right to state-appointed representation is not afforded to defendants to the same extent in civil cases. While multiple Supreme Court rulings have found that the right to counsel may apply to civil cases under certain circumstances, the extent to its application is determined largely on a case-by-case basis. The Court’s ruling in In Lassiter v. Department of Social Services (1981) effectively determined that the Court would only recognize an indigent person’s right to appointed counsel in civil cases when the litigant could lose his or her physical liberty if he/she lost the litigation6. However, this situation is far less common in civil cases than criminal suits. Therefore, cases involving personal injury, contracts, divorce, property and other civil law areas, generally are not afforded the right to state-appointed counsel.  

The limitation of the right to counsel in civil cases is significant because it greatly affects who is more likely to win a case. According to a recent Pepperdine Law Review study which measured the rate of success in cases brought by parties with an attorney versus those in which no attorney was present, legal representation is correlated with better outcomes for litigants in numerous areas of civil law, including small claims, bankruptcy, housing and family law7. This finding was substantially reinforced by a University of Colorado Center on Law and Policy study on the effect of litigation in eviction courts. In reviewing 93,000 eviction cases, the Center found that renters without legal representation were evicted 68% of the time from private housing and 43% of the time from public housing. But, in contrast, those who were represented by counsel were not evicted from their private and public housing at rates of 94% and 80% respectively8. These findings highlight the substantial difference having an attorney in civil cases has on their outcomes. These differences are likely the result of legal knowledge, training, and experience that an attorney provides in litigation that an individual representing him or herself simply does not have.  

 This lack of representation is typically not a choice for litigants; they commonly act without an attorney because they can’t afford one. With civil attorney fees often ranging from $100 to $500 per hour, or being based on other expensive contingency charges, it's no surprise many people can’t afford private representation. The inability for these people to afford a private attorney requires litigants to self-represent in trial. According to the Self-Represented Litigation Network, an estimated one out of six Americans is a self-represented litigant each year in a newly filed case, and three out of five people in a civil case represent themselves in court9. While this plight is prevalent in all areas of civil law, the most common case-types in which litigants self-represent are small claims (91.1%), civil infractions (83.1%), and cases of unlawful detaining (81.1%)10; the outcomes of which can affect your finances, permanent record, and/or future employment prospects. 

As the right to counsel has been continually interpreted by 20th century courts, our guarantees under its provisions  have become much more clear. However, our better understanding of this right has not suppressed the causal impacts it has had on civil court proceedings. Limiting the right to counsel to criminal trials has forced many civil litigants to self-represent in cases involving eviction, family, small claims, and more, all while realizing that doing so without having counsel gives them a lesser chance to win their case. As the interpretation of this right is unlikely to change in the foreseeable future and costs of private representation remain high, it appears self-representation in civil cases will remain common. This may be bad news for indigent litigants in the courtroom, especially when their physical liberty is not at risk and therefore, no right to counsel will be guaranteed.  

________________________________________________________________

[1] U.S. Department of Justice. (n.d.). Protection of Constitutional Rights Under the Sixth Amendment. Retrieved May 18, 2020, from https://bja.ojp.gov/program/sixthamendment/sixth-amendment 

[2] Justia. (n.d.-a). Betts v. Brady, 316 U.S. 455 (1942). Retrieved May 18, 2020, from https://supreme.justia.com/cases/federal/us/316/455/ 

[3] Justia. (n.d.-b). Gideon v. Wainwright, 372 U.S. 335 (1963). Retrieved May 18, 2020, from https://supreme.justia.com/cases/federal/us/372/335/ 

[4] Cornell Law School Legal Information Institute. (n.d.-a). Ineffective Assistance of Counsel. Retrieved May 18, 2020, from https://www.law.cornell.edu/wex/ineffective_assistance_of_counsel 

[5] Cornell Law School Legal Information Institute. (n.d.-b). Right to counsel. Retrieved May 18, 2020, from https://www.law.cornell.edu/wex/right_to_counsel 

[6] Oyez. (n.d.). Lassiter v. Department of Social Services. Retrieved May 18, 2020, from https://www.oyez.org/cases/1980/79-6423 

[7] Poppe, E., & Rachlinski, J. (2016). Do Lawyers Matter? The Effect of Legal Representation in Civil Disputes. Pepperdine Law Review, 43, 1–64. Retrieved from http://pepperdinelawreview.com/wp-content/uploads/2016/06/Rachlinski%E2%80%93Final-v2-no-ICR.pdf 

[8] Hasvold, A., & Regenbogen, R. (2017). Facing Eviction Alone. Retrieved from https://cclponline.org/wp-content/uploads/2017/10/Facing-Eviction-Alone-9-11-17_revised.pdf 

[9] Self-Represented Litigation Network. (n.d.). SRLN. Retrieved May 18, 2020, from https://www.srln.org/ 

[10] Greacen, J. (2014). SELF-REPRESENTED LITIGANTS, THE COURTS, AND THE LEGAL PROFESSION: MYTHS AND REALITIES. Family Court Review, 52(4), 1–8. Retrieved from https://iaals.du.edu/sites/default/files/documents/publications/5_fcr_srls_courts_profession_greacen.pdf 

[11] (photo) National Coalition for a Civil Right to Counsel. (n.d.). About | Civil Right to Counsel | NCCRC. Retrieved May 18, 2020, from http://civilrighttocounsel.org/about 

[pennsylvaniaprelawland-blog]

The Return Of College Sports In Gaming

By Lou Kettering, University of Pittsburgh Class of 2020

February 16, 2021

A major question that has been on many sports gaming fans’ minds for years is “what ever happened to the NCAA Football and Basketball games that I used to play?” These games were very popular for over a decade, and a number of big gaming studios made college sports games, including EA Sports and 2k Gaming.  The last NCAA football game released was NCAA Football 14 by EA Sports, released in 2013, which now sells for quite a bit of money on eBay and other sites due to its rarity.  In 2014, a class action lawsuit was brought against the NCAA for violating Antitrust laws through these games, which will be discussed more in depth in the next paragraph. With EA’s recent announcement that they will continue their popular college football franchise on next gen consoles, this lawsuit helps explain why these games were stopped, and how they are able to return in the future.

The lawsuit that questioned the legality of these games using players’ likenesses was O’Bannon v NCAA.  Ed O’Bannon was a former UCLA basketball player that brought this suit to court due to his likeness being used in the NCAA Basketball games by EA Sports. He sued on behalf of himself and a group of former collegiate athletes.  Players were never named in these games, but their numbers, skills and likeness were used. Schools individually licensed their logos, uniforms and stadiums for use in the games to create an authentic college gaming experience.  However, players had no way to license or profit from their likenesses which were major attractions to playing the game.  The Antitrust class action against the NCAA and EA challenged rules restricting compensation for athletes beyond the value of their scholarships. The NCAA argued that their rules are reasonable because they preserve the tradition of amateurism for the players. [1]

The legal Act that was the main point of content in this case is section 1 of the Sherman Antitrust Act of 1890. This Act is a Federal statute that prohibits activities that restrict interstate commerce and competition in the marketplace. These issues are typically instituted by U.S. attorneys, and Federal district courts have jurisdiction to enjoin actions in violation of this Act. [2] Basically, this Act makes it illegal to form any contract in restraint of trade or commerce among states. The test that the court used in this dispute has 3 parts, which include: (1) was there a contract, (2) did it unreasonably restrain trade and (3) did it affect interstate commerce.  The burden is on the plaintiff to prove these 3 points to the court. The reason for this analysis is to weigh if the harm the contract does to commerce outweigh its possible benefits. As stated earlier, the NCAA’s main defense was the amateurism justification. However, the court ruled that the NCAA rules that prohibited athletes from being paid for their names, images and likeness were an unreasonable restraint of trade in violation of the Sherman Act. It was also stated by the court that it is within the power of the NCAA to fix these issues in their rules and regulations. [3] The court ordered the defendants to cure the specific violations of this case and pay compensation to the defendants. They also stated that this issue could be better remedied as a policy matter reform done by Congress or the NCAA. [4]  

After this case, the plaintiffs were given compensation by the NCAA and the sports games were no longer released. This court did not say that college sports games could not be made ever again no matter what. Games like this could be made again without using the likeness of players, however this could hinder the immersion experience for players quite heavily and possibly affect sales numbers negatively. There is also the remedy of allowing players to profit from their likenesses being used beyond their tuition scholarships. Recently Daryl Holt, EA’s Vice President and General Manager, announced that their college football series will be returning in the coming years. There is no return date yet, but many fans of these games are already rejoicing over its return. This time around, EA has partnered with the Collegiate Licensing Company in order to obtain the licenses of schools, traditions and uniforms.  In the past games, EA gained these licenses directly with the NCAA, hence the name NCAA football insert year. This means the new games will not be called NCAA Football, but rather College Football. There are also trends toward players soon being allowed to profit from their names and likenesses in the coming seasons. EA has stated that they are monitoring the situation and want gamers to have an “immersive experience.” [5] If players are allowed to profit, then EA could get licenses from players to use their names and likenesses in the game, who in turn would receive compensation. This could possibly cost a lot to EA to compensate many players, however this could create possibly the greatest and most immersive college football game to date.

______________________________________________________________

[1] Kirshner, Alex. “Blame the NCAA, Not Ed O'Bannon.” Banner Society, Vox Media, 15 Aug. 2019, www.bannersociety.com/2019/8/15/20708592/ed-obannon-ncaa-football-video-games.

[2] “Sherman Antitrust Act.” Legal Information Institute, Legal Information Institute, www.law.cornell.edu/wex/sherman_antitrust_act.

[3] Wolohan, John. “A Full Review of the O'Bannon v. NCAA Judgment.” LawInSport, www.lawinsport.com/topics/item/your-full-review-of-the-o-bannon-v-ncaa-judgment.

[4] https://www.lawinsport.com/pdf/OBannon_Transcript_of_Judgement.pdf

[5]  Rothstein, Michael. “EA Sports to Do College Football Video Game.” ESPN, ESPN Internet Ventures, 2 Feb. 2021, www.espn.com/college-football/story/_/id/30821045/school-plan-ea-sports-do-college-football.

[anilatac]

Here is the "plain" text version:

Slide 1:

First Amendment:

"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."

https://constitution.congress.gov/constitution/amendment-1/

Slide 2:

What Happened?

Tulsa police arrested Shiela Buck after she refused to leave the area near a Trump rally. Shiela Buck was wearing an “I Can’t Breathe” shirt.The police claims she was tresspassing. She claims to have had a ticket to Trump’s rally. Report says she was not impeding access to the event and was pulled out from the crowd of patrons. Tulsa Police Department said in a statement that it does not matter if Ms. Buck had a ticket to attend because it is a private event and the Trump campaign did not want her there.

https://www.msnbc.com/weekends-with-alex-witt/watch/police-arrest-protester-outside-trump-rally-arena-in-tulsa-

85505093751https://www.washingtontimes.com/news/2020/jun/20/tulsa-police-arrest-woman-in-i-cant-breathe-shirt-/

Slide 3:

Legal Definition of Tresspassing:

Entering or remaining without authorization in the building or property of another.

In regards to public property: 

"A ban should not be based on a person’s decision to engage in conduct protected by the First Amendment, such as advocating for a particular point of view. "

https://www.law.cornell.edu/wex/trespasshttps://nccriminallaw.sog.unc.edu/trespass-and-public-buildings/

https://www.wirthlawoffice.com/oklahoma-criminal-law/oklahoma-trespassing-laws.html

Slide 4:

Definition of Private Event

“"Private event" means a social gathering or event attended by invited guests who share a common cause, membership, business or task and have a prior established relationship. For purposes of this definition, advertisement for general public attendance or sales of tickets to the general public shall not constitute a private event;”

2017 Oklahoma Statutes Title 37A. Alcoholic Beverage §37A-1-103.

https://law.justia.com/codes/oklahoma/2017/title-37a/section-37a-1-103/

Slide 5:

Additional Food For Thought

In 1969, the Supreme Court protected a Ku Klux Klan member’s hateful and disparaging speech directed towards African-Americans, holding that such speech could only be limited if it posed an “imminent danger” of inciting violence. The court ruled in Brandenburg v. Ohio that a state could only forbid or proscribe advocacy that is “directed to inciting imminent lawless action and is likely to incite or produce such action."

In 1978, the Supreme Court upheld an appellate court decision that allowed a group of neo-Nazis to march on the streets of an Illinois suburb housing a substantial Jewish population that included Holocaust survivors. (Collin v. Smith, 1978).

http://www.ala.org/advocacy/intfreedom/hate 

Slide 6:

Disclaimer:

I am not a lawyer.I did this in my own time of my own free will.See description for full text version with links to sources.

Photo credits:

Shiela Buck: 

Mike Simons/Tulsa World via AP 

https://www.washingtontimes.com/multimedia/image/ap_trump_84372jpg/

Arena:

Photographer Colton Simmons: 

https://unsplash.com/photos/pUaIsToD-8w

Do Not Enter:

Photographer Kyle Glenn: 

https://unsplash.com/photos/dGk-qYBk4OA

Door:

Photographer Dima Pechurin 

https://unsplash.com/photos/JUbjYFvCv00

Apple:

Photographer Priscilla Du Preez 

https://unsplash.com/photos/CoqJGsFVJtM

Images are either marked as Creative Commons or are being used for educational purposes under Fair Use.

This 5 Slide Infograph was created by Anila Taç

[tennesseeprelawland]

The Role of Public Law In Personal Tragedy: Vanessa Bryant’s Legal Claim Over Kobe Bryant Photos

By Teresa Xu, Vanderbilt University Class of 2023

May 14, 2020

Vanessa Bryant, the wife of late basketball star Kobe Bryant, has filed a legal claim seeking emotional distress damages over several unauthorized photos of her husband and daughter’s deaths taken by Los Angeles County Sheriff’s Department officials.

Kobe and his 13-year-old daughter Gianna Bryant died in a helicopter crash on January 26, 2020, along with seven others.On the morning of the crash, Vanessa personally spoke to Sheriff Alex Villanueva to request the site be secured for privacy. Villanueva confirmed that only the county coroner’s office and investigators with the National Transportation Safety Board were permitted to photograph the scene, and anyone outside of that would be unauthorized. However, contrary to Vanessa’s explicit request, “no fewer than eight sheriff’s deputies” and two L.A. firefighters were at the scene taking cell-phone photos of the deceased[1]. The Department itself later admitted that “there was no investigative purpose” for deputies to take photos at the helicopter crash site[1, 2, 3].

“When a family suffers the loss of loved ones, they have the right to expect that they will be treated with dignity and respect.The Deputies in this case betrayed that sacred trust,” a spokesperson for the Bryant family argued[1].

Vanessa’s claim also criticizes the Department’s handling of the situation. Department leadership reportedly told deputies that they would face no discipline if they simply deleted the photos, rather than formally investigating the allegations and further acting to contain the spread of the photos. The Department did not launch a formal investigation until February 28, after the Los Angeles Times wrote about the story. The claim further alleges that when Vanessa’s attorneys requested information about the Department’s investigation, including the steps taken to find those who had taken the photos and anyone else who may have viewed them, the Department said it was “unable to assist” with the request[1, 2, 3].

Ultimately, the lingering threat of the photos becoming public has “compounded” Vanessa’s grief, as she worries that she or her daughters will inevitably encounter the graphic photos on the Internet[1]. Vanessa’s attorneys conclude that those involved in taking and sharing the photos are liable for charges of negligence, intentional infliction of emotional distress, and invasion of the right to privacy[1].

Negligence is a failure to behave with the level of care that a reasonable person would have taken under the same circumstances[4]. The following conditions are necessary to establish a case of negligence: the existence of a legal duty that the defendant owed to the plaintiff, the defendant’s breach of that duty, the plaintiff’s sufferance of an injury, and proof that defendant’s breach caused the injury[4]. It appears that these conditions will have been met if Vanessa’s attorneys can produce solid evidence that the unauthorized photographers had a duty to respect Vanessa’s privacy and wishes, breached that duty by taking and sharing photos anyway, and that Vanessa suffered because of the leaked photos.

Intentional infliction of emotional distress (IIED) is a tort that occurs when one acts outrageously with intent to cause another to suffer severe emotional distress[5]. A tort is an act or omission that leads to the violation of any legal right or individual harm to another, amounting to a civil wrong for which courts impose liability[6]. In a case of IIED, the defendant acts, the defendant’s conduct is outrageous, the defendant acts for the purpose of causing the victim emotional distress severe enough to adversely affect mental health, and the defendant’s conduct causes such distress[5]. There are, however, First Amendment limits on IIED liability: certain intentional actions that meet the aforementioned conditions may not qualify for tort liability as an IIED, depending on the people involved[5]. A defendant who speaks harmfully about public figures is not typically liable. In Vanessa’s case, however, the defendants did not speak; rather, their actions of taking photos had physical manifestations. Based on current knowledge, there does seem to be a case that defendant committed outrageous actions, violating Vanessa’s request and right to privacy, and caused distress to Vanessa, but it is unclear what evidence there may be to suggest that the deputies specifically intended to cause Vanessa harm.

Invasion of another’s privacy is a tort that occurs when a person or entity breaches the duty to leave another person alone[7]. Privacy as a tort concept embraces at least four branches of protected interests: “protection from unreasonable intrusion upon one’s seclusion, from appropriation of one’s name or likeness, from unreasonable publicity given to one’s private life, and from publicity which unreasonably places one in a false light before the public” [7]. This tort isdistinct from the constitutional right to privacy, which protects against invasions by the government, and the constitutional right is not at stake in Vanessa’s case[7]. Instead, intrusion upon seclusion and unreasonable publicity of private facts appear to be the most pertinent to this case. Intrusion claims occur when one intentionally intrudes and the intrusion would be highly offensive to a reasonable person—which seems likely in this case, given that the intrusion was upon the deaths of Vanessa’s loved ones—and they arise even if no photos or other work are published; intrusion can occur as soon as the image is taken[8]. Unreasonable publicity of private facts occurs when one’s publicization of a private matter would be highly offensive to a reasonable person and is not of legitimate concern to the public[8]. This aspect of the privacy tort may not apply to Vanessa’s case, however, because photos of crimes, arrests and accidents are typically of legitimate public concern[8].

Although privacy laws are often unclear and vary by state, California recognizes the four privacy torts and has a misappropriation statute[8]. Sanders v. American Broadcasting Companies  (1999) set a precedent concerning when an expectation of privacy is legitimate: “in an office or other workplace to which the general public does not have unfettered access, employees may enjoy a limited, but legitimate, expectation that their conversations and other interactions will not be secretly videotaped by undercover television reporters, even though those conversations may not have been completely private from…coworkers” [9].

In fact, California may pass a new privacy regulation, concerning first responders specifically rather than journalists. State Assembly Mike Gipson (D-Carson), a California lawmaker outraged by the scandal,has introduced legislation that would make it a misdemeanor for law enforcement officers responding to the scene of an accident or crime to take photos for any purpose outside of official law enforcement or a “genuine public interest” [3, 10]. This misdemeanor would be punishable by up to a year in jail and $5,000 in fines[3]. If passed, the bill would impose a state-mandated local program[3].

________________________________________________________________

[1] https://people.com/sports/vanessa-bryant-files-legal-claim-release-kobe-crash-scene-photos/

[2] https://pagesix.com/2020/05/08/vanessa-bryant-files-legal-claim-over-kobe-bryant-helicopter-crash-photos/

[3]https://www.latimes.com/california/story/2020-05-08/vanessa-bryant-kobe-crash-photos-claim-sheriffs-department

[4] https://www.law.cornell.edu/wex/negligence

[5] https://www.law.cornell.edu/wex/intentional_infliction_of_emotional_distress

[6] https://www.law.cornell.edu/wex/tort

[7] https://www.law.cornell.edu/constitution-conan/amendment-1/invasion-of-privacy

[8] https://www.rcfp.org/wp-content/uploads/imported/PHOTOG.pdf

[9] https://law.justia.com/cases/california/supreme-court/4th/20/907.html

[10] https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200AB2655

[currencyspeaks]

炸弹威胁要求在俄罗斯各地撤离比特币部队

有人一直在向俄罗斯各地发送炸弹威胁，要求从已经倒闭的加密货币交易所WEX盗取价值87万美元的比特币。

近一个月来，匿名勒索者一直扬言要炸毁法院，学校，购物中心，交通枢纽和电视台，除非有人将“ 120比特币从WEX交易所窃取”发送到他们的地址。

没有人受伤，也没有炸弹爆炸，但是自从11月28日威胁开始以来，已有750,000人撤离了建筑物，俄罗斯通讯社Interfax 报告 ]。莫斯科和圣彼得堡的法院大楼是第一个受到威胁的建筑物。

到目前为止，只有一笔微不足道的比特币，约合0.48美元，已通过一次交易发送到了该地址。 12月9日。

这位匿名演员指责俄罗斯寡头Konstantin Malofeev和俄罗斯联邦安全局（FSB）的前官员安东·内姆金（Anton Nemkin），指称涉嫌盗窃比特币英国广播公司在11月发布的报告。这个故事引用了据称是WEX管理员Alex…

[kyxgrey]

Ugh a streamer I watch named Alex Wex has his birthday on Monday and I didn't know until late last night and I was wanting to finish a drawing of him by Monday and I just don't think it's possible not with me writing for a Christmas prompt list and doing both him and the Rhett drawing.

[chrancecriber]

Radio NET Bulgaria (December 18, 2022)

23:56 WAYMAN TISDALE - Front Runna 23:51 CHRISTMAS CAROLS - Happy Christmas 23:47 PATRICK YANDALL - I See You 23:43 DANNY LERMAN - You Take My Breath Away 23:39 JACKIEM JOYNER - Journey of Passion 23:34 EVERETT B WALTERS - Mom's Biscuits 23:30 DAVE KOZ - This Christmas (feat. Eric Benet) 23:25 REI NARITA - Monsoon in Crimson 23:21 NORMAN BROWN - Heart To Heart 23:17 NILS - Step Into the Beat 23:13 PETER WHITE - Bright 23:09 RONNY SMITH - Have Yourself a Merry Little Christmas 23:04 KIM WATERS - Reaching Out 23:00 KONSTANTIN KLASHTORNI - I Need You 22:59 MO'JARDO - Sonador 22:55 SUPER8 & TAB, JAN BURTON - Free Love 22:50 GARY B - Easier (Marga Sol Sunset Remix) 22:45 SAGI REI - Fall Again 22:41 ELLES DE GRAAF, MOONNIGHT - Sunset Kindness (Chill Out Mix) 22:38 IDENLINE - At Sunset (Original Mix) 22:31 DEEP SECTOR - Rainbows (Original Mix) 22:28 LOST FREQUENCIES, FLYNN - Recognise (Acoustic Version) 22:24 VELVET DREAMER - Summer Breeze 22:18 DENIS SERGEEV, 4ONE - Merging Of Two Destiny 22:12 R.I.B - I Look At Sea Horizon 22:07 THOMAS LEMMER - Through My Father's Eyes 22:02 VIVIAN LACOSTE - Ibiza Magica 21:58 PRIME CIRCLE - As Long As I Am Here (Cafe D'Afrique Mix) 21:53 ABOVE & BEYOND, OCEANLAB - I Am What I Am (Original Mix) 21:48 MATT DAREY, KATE LOUISE SMITH - See The Sun (Original Mix) 21:43 BISCAINE - Sunrise At Paradise Beach (Original Mix) 21:38 LUSTRAL - Raven (Album Mix) 21:32 SYNTHETICSAX - Beach (DJ Rostej Remix) 21:28 ARMIN VAN BUUREN, FIORA - Waiting For The Night (Zetandel Chill Out Mix) 21:21 MENZI - Aufbruch 21:14 FLAER SMIN - Alone In The Dark 21:11 SCUBBA, IVETTE MORAES, RONAN - The Sweetest Taboo (Remix) 21:06 ADELE - Skyfall (Skerdi M & Angelo DownTempo) 21:02 MODJO - Lady (Acoustic Version) 20:59 SENSPROOF - Starflight (Alex Atmospheric Chillout Remix) 20:56 AUDIO BULLYS - Take You There 20:50 NO HORIZONS, SHEEMA - Summer Son 20:46 DARK MATTERS, ANA CRIADO - The Quest Of A Dream (Original Mix) 20:42 MARIUS NEDELCU, RED HEAD - Rain (Acoustic Version) 20:39 GORDON GECO - Fade In Away 20:33 DINKA - Hotel Summerville (Original Mix) 20:28 HESS IS MORE - Yes Boss 20:24 DT8 PROJECT - Hold Me Till The End (Unplugged Mix Lounge Edit) 20:17 LERRY MULLER, ANETTA GRANT - Dreaming (Original) 20:14 KYLIE MINOGUE - Wonderful Life (Acoustic Version) 20:11 ASSMONKEYS, LYCK - Embrace My Heart (Bassmonkeys & Jenna Donnelly Moonlight Mix) 20:07 EL SEGUNDO - Blue Marlin (Juan Padilla Serve Chilled Remix) 20:03 NURKO, AUTREY - So Far Gone 20:00 LEMON ICE - Hello 19:56 TYDI, AUDREY GALLAGHER - World's Apart (Album Mix) 19:53 TYDI, TANIA ZYGAR - The Moment It Breaks (Original Mix) 19:47 ATB - Let U Go (Schiller Remix) 19:43 LEO ROJAS - Flying Heart 19:38 D-PULSE - Velocity Of Love (Original) 19:35 RUTH ANN - Beautiful 19:31 KRONO, CIMO FRANKEL - Sweet Goodbye 19:27 SWEET EUPHONY - After We Close Our Eyes (Chillout Version) 19:22 BLANK & JONES, CATHY BATTISTESSA - Miracle Man (Afterlife Remix) 19:18 PIANOCHOCOLATE - Les Souvenirs (Original Mix) 19:14 ZETANDEL, TIFF LACEY - Cosmos (Original Mix) 19:09 IT'S DIFFERENT - Tell Me 19:06 AREA CODE 51 - Chillout In Paris 19:01 MARIE THERESE - Gin And Tonic (Pier-o Bossa Chill Mix) 18:55 SIMON LE GREC, DENISE GUTTENBACH - Touch Me (Original Mix) 18:51 LIZ KAY - Castles In The Sky (Kenny Hayes Nitelite Mix) 18:47 AHY O - Shine On 18:43 SYLVERING - Strangelove 18:40 LOWLAND - Seven Cities 18:36 EMMA HEWITT - These Days Are Ours (Zetandel Chill Out Mix) 18:31 THE PROJECT PARADISE - We Love You Moscow (D.A.W. Remix) 18:27 DAN BALAN - Chica Bomb (DJ Dan Karim Chill Mix) 18:22 GOLD LOUNGE - She's Arriving 18:17 TRIANGLE SUN - White Song 18:13 ANDAIN - Much Too Much (Zetandel Chill Remix) 18:07 SHERRIE LEA - No Ordinary Love (Arnold T Chill Mix) 18:03 ZAZA, JORGE NAVA - Broken (Chill Mix) 17:59 SOLID SESSIONS - Janeiro (Chiller Twist Blue Line Remix) 17:56 ZARA, SNATT & VIX - No Angel (Zetandel Chill Out Mix) 17:52 PELARI, COLLIN WEX, DOMINIQUE FRICOT - Oasis (CollinWex Chill Mix) 17:48 ALY & FILA, JWAYDAN - We Control The Sunlight (Chill Out Mix) 17:39 EUPHONIC TRAVELLER - Crescent Bay (Original Mix) 17:35 THOMAS ANDERS - You're My Heart, You're My Soul (Acoustic Version) 17:29 YIRUMA - River Flows In You (N-Drew Fate Remix) 17:26 DJ PAULBASS, DJ GORODNEV & P.KOLVINKOVSKY - Call Me (Lounge Mix) 17:22 DJ SHAH, ADRINA THORPE - Who Will Find Me (Acoustic Version) 17:17 MATT DAREY FEAT. TIFF LACEY - Always 17:13 DJ A - Let Me Love You (Andreas Agiannitopoulos Remix) 17:08 LEMONGRASS - Pacific 17:04 LEO ROJAS - The last ot the Mohicans 17:00 METAHARMONIKS - Star 16:56 BK JACKSON - Wait For You 16:52 DREW DAVIDSEN - Sweet Spot (feat. Eric Marienthal) 16:47 DEAN JAMES - When I See You Smile 16:43 JEANETTE HARRIS - Angels We Have Heard On High 16:39 DEE BROWN - Tie The Knot (feat. Lin Rountree) 16:35 STEVE OLIVER - Up Front 16:29 BRIAN LENAIR - What Child Is This 16:25 MARION MEADOWS - Pandora 16:20 EUGE GROOVE - Faithful Central 16:16 VINCENT INGALA - What Does It Take (Vinnie's Take) 16:12 DARREN MOTAMEDY - Ascension 16:08 JUSTIN YOUNG - Silent Night 16:04 ZOLBERT - One 16:00 ROCCO VENTRELLA - Swagger 15:56 GREGG KARUKAS - My Favorite Season 15:51 ROBERTO RESTUCCIA - With Every Turn 15:46 ELAN TROTMAN - Brighter Days Ahead (feat. Adam Hawley) 15:43 DAVE KOZ - Eight Candles 15:39 PAOLO RUSTICHELLI - Romamor (Smooth mix) 15:35 MARCUS ANDERSON - Let's Groove 15:30 DR. SAXLOVE - Greensleeves 15:25 TERRENCE RICHBURG - Treasures 15:21 NICK COLIONNE - Still Connected 15:17 U-NAM - Groove Paradise 15:12 PETER WHITE - Bullseye 15:07 BRADLEY LEIGHTON - Little Drummer Boy 15:03 JAMES LLOYD - Here We Go 15:00 JAZMIN GHENT - Amends 14:56 BRAD ALEXANDER - It's About Time (feat. Dee Lucas) 14:51 KIM WATERS - Stay Together 14:47 KONSTANTIN KLASHTORNI - Just Feels Right 14:44 MICHAEL MCDONALD - This Christmas 14:39 RYAN LA VALETTE - No Limits 14:36 ED CALLE - What You Won't Do for Love 14:31 AARON BING - Have Yourself A Merry Little Christmas 14:27 ERIC DARIUS - That's My Jam 14:23 DAN ALAN LEVINE - Our Kind Of Love (feat. Kim Scott & Jeanette Harris) 14:19 TONY SAUNDERS - Best Part 14:13 TOM BRAXTON - How Do I Live 14:09 TONY CRADDOCK JR. - God Rest Ye Merry Gentlemen 14:04 CINDY BRADLEY - Wind Chill Factor 14:00 SHAWN RAIFORD - I Like It 13:56 VINCENT INGALA - Nasty 13:52 DONALD HAYES - Front Ground 13:48 RONNY SMITH - Smooth 13:44 LARRY CARLTON, PAUL BROWN - Soul Searchin' 13:41 HERB ALPERT - Let It Snow - Rudolph The Red Nosed Reindeer 13:36 DARREN MOTAMEDY - All About Love 13:28 RONNY JORDAN - Silent Night 13:24 WAKANA - Saxcess Story (feat. Greg Manning) 13:19 AL DEGREGORIS - The Other Night 13:15 ALEXANDER ZONJIC - Rolling in the Deep 13:11 KAYLA WATERS - Apogee 13:08 SHARMOND SMITH - Hark The Herald Angels Sing 13:05 SAM BASSMAN JENKINS - After Hours 13:00 GREGG KARUKAS - Barracude Bob 12:56 AL DEGREGORIS - JD's Groove 12:52 NICK COLIONNE - Nico's Ride 12:47 MARION MEADOWS - Mother Earth 12:43 NILS - Above the Clouds 12:40 SHIN GIWON CHRISTMAS CAROL COLLECTION - Winter Wonderland 12:36 MARCUS ANDERSON - Vanilla Mocha 12:32 ROD TATE - Dinner and a Movie 12:28 JOYCE COOLING - Christmas, Christmas 12:24 NORMAN BROWN - Just Groovin' 12:20 ROCCO VENTRELLA - Love 12:16 BRAD ALEXANDER - Because of Who You Are 12:11 KIM WATERS - This Is It 12:08 ART MORRIS - White Christmas 12:04 KONSTANTIN KLASHTORNI - Lovely Day 12:00 VANN BURCHFIELD - That's the Way Love Goes 11:56 ED CALLE - River of Dreams 11:53 JAREZ - Lil Jazzy 11:48 ERIC DARIUS - Nu Trane Of Thought 11:42 SAM LEVINE - Have Yourself A Merry Little Christmas 11:38 ANDY SNITZER - Only With You 11:33 NELSON RANGELL - Like No Tomorrow 11:29 FANTASIA - This Christmas 11:25 ROB TARDIK - Bounce 11:21 DR. DAVE, THE HOUSECALL BAND - Cecil's Groove 11:16 LOWELL HOPPER - You've Got to Get It (feat. G. Vernon Burrell, Jr.) 11:11 TERENCE YOUNG - Island Love 11:07 SHAKATAK - Jingle Bells 11:04 NICHOLAS COLE - Whodat 11:00 DEMETRIUS NABORS - Shine (feat. Randy Scott) 10:56 DARREN RAHN - Sonic Boom (feat. Jonathan Fritzen) 10:52 RICK HABANA - Smooth It Out (feat. Paul Brown) 10:47 PAUL BROWN - Let Me Love You 10:43 DAVE KOZ - It's Beginning To Look A Lot Like Christmas (Feat. Jonathan Butler) 10:39 GINO ROSARIA - Pool Party 10:35 DANNY LERMAN - Gotcha! 10:31 DR. SAXLOVE - Silent Night 10:27 PATRICK BRADLEY - Sip' n the Breeze 10:22 MARCIN NOWAKOWSKI - Wake up! 10:18 3RD FORCE - Compassion Passion 10:13 MARCUS ANDERSON - For Your Glory 10:07 MARION MEADOWS - God Rest Ye Merry Gentlemen 10:04 NILS - Tangie 10:00 NICK COLIONNE - Just Being Me 09:56 JODY MAYFIELD - Epiphany 09:52 PETER WHITE - Pedro Blanco 09:48 NORMAN BROWN - I Miss Your Groove 09:43 REZA KHAN - December 09:39 AL GOMEZ - Paragon 09:35 KIM WATERS - Morning Star 09:31 HERB ALPERT - White Christmas 09:26 KONSTANTIN KLASHTORNI - One Call Away 09:22 NATE HARASIM - Iridescence (feat. Cindy Bradley) 09:17 GERALD ALBRIGHT - Split Decision 09:13 TONY SAUNDERS - All About Love 09:08 DANIEL D. - Have Yourself a Merry Little Christmas 09:03 NOTEWORTHY BAND - Surf to Smooth 09:00 PAUL TUVMAN - Here Comes the Sun 08:56 JEFF RYAN - Versace on the Floor 08:52 PETER HEROLD - Better One 08:48 JACKIEM JOYNER - Kineen 08:43 LOWELL HOPPER - Unconditional 08:40 SYLVIA BENNETT - Winter Wonderland 08:36 ZOLBERT - Ocean Breeze 08:31 NICHOLAS COLE - Let's Play 08:28 DAMIEN ESCOBAR - Do You Hear What I Hear 08:25 PATRICK YANDALL - The Beat Generation 08:21 NAJEE - Bottom To The Top 08:16 KEN NAVARRO - Wake Up Call 08:13 CHRIS BIG DOG DAVIS - It's All Love 08:09 MARIEA ANTOINETTE - My Favorite Things 08:04 HIROSHIMA - Daydreamer 08:00 ROB SABADO - Spice Of Life 07:56 PAUL BROWN, EUGE GROOVE - From the Ground Up 07:51 JEREMY HECTOR - Spray Bay 07:47 BONEY JAMES - Drumline 07:44 DR. SAXLOVE - O Come All Ye Faithful 07:40 PETER WHITE - In The Rain 07:36 MARCUS ANDERSON - 2.0 07:32 CASTELLA - Sleigh Ride 07:27 NILS - Georgy Porgy 07:22 CHIELI MINUCCI - Come As You Are 07:18 ROB MALETICK - In My Arms 07:14 MICHAEL SILVERMAN, ERIC MARIENTHAL - Clearwater 07:09 STEVE OLIVER - The Christmas Song 07:05 ERIC MARIENTHAL - I Believe In You 07:00 CRAIG SHARMAT - Nite Moves 06:57 ACOUSTIC ALCHEMY - Stealing Hearts 06:53 JOHN NOVELLO - Give You My World 06:48 KONSTANTIN KLASHTORNI - Drive Me Home 06:43 LISA ADDEO - Touch Me In The Night 06:40 THE JT PROJECT - This Christmas 06:36 JEFF RYAN - Dusk To Dawn 06:32 JEFF LORBER FUSION - Curiosity 06:28 K.VIO, TIM TONIC - The First Noel 06:25 TOM BRAXTON - The J Factor 06:20 KENNEY POLSON - Innocence 06:16 MARCUS JOHNSON - Holding Back The Years 06:12 DEE BROWN - Surrender 06:09 VINCENT INGALA - Have Yourself A Merry Little Christmas 06:04 DIRK K - It's On 06:00 DARREN RAHN - D-Luxe 05:55 DOMINIC CAMARDELLA - Shine 05:51 JIM ADKINS - Thinking out Loud 05:47 TIM BOWMAN - Tan Hermosa (So Beautiful) 05:43 SHAKATAK - Christmas Eve 05:39 ALTHEA RENE - Seven Years of Good Luck 05:35 RICHARD ELLIOT - Slam 05:30 BRIAN LENAIR - My Favorite Things 05:26 JODY MAYFIELD - Summer Rain (feat. Michael Tarpley) 05:21 JOYCE COOLING - Little Five Points 05:16 DARREN MOTAMEDY - Candleglow 05:12 ANDRE CAVOR - Without a Doubt 05:09 DAVE KOZ - Last Christmas 05:04 JULIAN VAUGHN - A Feeling 05:00 HIROSHIMA - Always Tomorrow 04:56 MARCUS JOHNSON - The Journey 04:52 BRIAN SIMPSON - Daybreak 04:48 MICHAEL BROENING - Summer In Blue 04:44 MICHAEL SILVERMAN, ERIC MARIENTHAL - Clearwater 04:39 DRIVETIME - Christmas Time Is Here 04:35 PETER WHITE - Play Your Guitar For Me 04:32 STEVE OLIVER - Watching the World 04:28 BEN TANKARD - Christmas Love 04:24 RAGAN WHITESIDE - In Love 04:20 KIM WATERS - Secret Romance 04:16 JOHN NOVELLO - I Can't Stop My Heart 04:12 KONSTANTIN KLASHTORNI - You Look Good 04:08 GERALD ALBRIGHT - O Little Town Of Bethlehem 04:04 LISA ADDEO - She Closed Her Eyes In Paris 04:00 ERIC MARIENTHAL - Just Around The Corner 03:56 JEFF LORBER FUSION - Day One 03:53 KEITH ANDREW - Little Sierra 03:49 ROD TATE - Kool 03:45 MARQUEAL JORDAN - What Key 03:40 SMOOTH SOUL HOLIDAY - Angel's Serenade 03:36 MARC ANTOINE - Groovy Sunday 03:33 JACKIEM JOYNER - This Time Around 03:29 ANDRE DELANO - O Come All Ye Faithful 03:25 JAREZ - Its Over 03:21 VINCENT INGALA - Love On Hold 03:17 NICHOLAS COLE - Please Don't Say No (feat. Tim Bowman) 03:13 DARRIUS JAMAR - Heaven 03:09 AARON BING - Silver Bells 03:05 NORTH 2UNES WOODALL - I Want Her 03:00 JAZZ FUNK SOUL - You'll Know When You Know 02:56 RICHARD ELLIOT - Secrets 02:52 DOMINIC CAMARDELLA - Life Goes On 02:48 JODY MAYFIELD - Manhattan Cafe 02:44 MARCIN NOWAKOWSKI - Give And Take 02:42 ART MORRIS - Let It Snow 02:37 GREGG KARUKAS - Isabella 02:33 NICK COLIONNE - Circles 02:30 JOYCE COOLING - It's Feeling Like Christmas 02:25 JULIAN VAUGHN - All to Myself 02:21 ZOLBERT - Free 02:17 MARCUS ANDERSON - He Lives 02:12 QUINTIN GERARD W. - He Loves to Play for Yahweh (Bonus Track) 02:09 DAVE KOZ - Beneath The Moonlit Sky 02:05 BLAKE AARON - Sunday Strut (feat. Najee) 02:00 OLI SILK - Take Me Away 01:56 STEVE OLIVER - Global Kiss 01:52 JEFF GOLUB - Here Comes Santa Claus 01:48 ZOLBERT - On My Way 01:43 KIM WATERS - Bring It 01:39 KONSTANTIN KLASHTORNI - Forever In Love 01:34 RJC (Rhythm & Jazz Coalition) - Best Part 01:29 GERALD ALBRIGHT - O Holy Night 01:24 SPECIAL EFX - Another Day, Another Smile 01:19 JOE MCBRIDE, THE TEXAS RHYTHM CLUB - Lakewood 01:15 J. WHITE - Reborn 01:11 ROBERTO VALLY - Just Say Yes 01:08 SYLVIA BENNETT - Wrap You Up For Christmas 01:04 MARCIA MIGET - Moonbeams 01:00 MARION MEADOWS - Magic Men 00:55 SERGIO SALVATORE - (There's No Place Like) Home For The Holidays 00:51 TONY SAUNDERS - Theme for Ellen 00:47 JACKIEM JOYNER - That Good Thing 00:43 ADAM HAWLEY - I Don't Mind (Feat. Euge Groove) 00:38 JEFF KASHIWA - Free Flyer 00:34 ROBERT HARRIS - Standing by a Friend 00:29 AARON BING - The Christmas Song 00:25 KENNY PORE - The Road Chosen 00:20 KOOL&KLEAN - Begin Again 00:17 NICHOLAS COLE - Secrets of the Heart 00:12 JODY MAYFIELD - Doing The Do (feat. Jacques Lesure) 00:08 ANDRE DELANO - It Came Upon a Midnight Clear 00:04 DOCTOR X - Magneto 00:00 BLAIR BRYANT - Footsteps in the Dark

[chrancecriber]

Radio NET Bulgaria (October 13, 2022)

23:58 MARK HARRIS II - Pocket Change (feat. Bernard Harris) 23:53 OLI SILK - Didn't Know About Love 23:48 RHYTHM LOGIC - Rhythm Method 23:43 J. WHITE - 90's Kinda Love 23:39 WAYMAN TISDALE - The Turnaround 23:35 ROB TARDIK - Get Up 23:30 ACOUSTIC ALCHEMY - So Kylie 23:26 JONATHAN FRITZEN - Lullaby (feat. Darren Rahn) 23:22 ERIC RARIUS - Soulful Stride 23:18 PAUL HARDCASTLE - Amber Skies 23:14 RICHARD ELLIOT - Elegant People 23:09 MIKAEL - Trippin Over You 23:05 RICK HABANA - All That I Need 23:00 DAVID PETROSYAN - Feeling Of Breath 22:59 LOWLAND - Children (Orchestral Version) 22:51 LERRY MULLER, ANETTA GRANT - Dreaming (Original) 22:47 LIVING ROOM - Teneriffe 07 22:44 MODJO - Lady (Acoustic Version) 22:40 MIGUEL LARA - Oblivion 22:36 MR. SPECIAL - Aren't You Clever (CJ Alex Chillout Remix) 22:32 MARIUS NEDELCU, RED HEAD - Rain (Acoustic Version) 22:29 MANDEL TURNER - Come Into My Life 22:23 LOUNGAHOLIC - Careless Whisper 22:19 MOBY - Porcelain 22:14 LUIGI LUSINI - I'll Be Home (Original Mix) 22:10 MAX MILLION - Do You Believe (Original Mix) 22:06 MARCELA MANGABEIRA - Don't Stop The Music (Lounge Version) 22:03 JOEL HIRSCH, ROXANNE EMERY - Neon Dreams (Cinematic Version) 22:00 MAKIS ABLIANITIS - Love Secret 21:56 LIULA - Sweet Dreams 21:52 MARIO BASANOV VIDIS, JAZZU - Give It A Try 21:48 MIA LEMAR - Colourful Life (Photo In Lounge Remix) 21:43 MARC PUIG, MARIA COLLADO - To Forget Me 21:37 SIMON LE GREC - Decisions (Delor Mix) 21:33 MEHMET CEMAL YESILCAY - You And I 21:29 MAZELONOSTRA - Twilight Room (Spanish Edit) 21:23 MARGA SOL - Prayer For Love (Soul Avenue's Balearic Blues Mix) 21:20 NIK LLOYD - Number 1 (Acoustic Cover) 21:16 SIMON G - Crazy (Original Mix) 21:12 NURKO, AUTREY - So Far Gone 21:09 LOST FREQUENCIES, FLYNN - Recognise (Acoustic Version) 21:04 LUSTRAL - Raven (Album Mix) 21:01 MOONY - Dove (I'll Be Loving You) (Sisco Lounge Mix) 20:58 DASH BERLIN, ROXANNE EMERY - Shelter 20:55 KIDNAP, LEO STANNARD - Grow (Submotion Orchestra Remix) 20:52 REN, TREVOR GUTHRIE - This Is What It Feels Like (John Ewbank Classical Remix) 20:48 ALY & FILA - Rosaires (Chill Out Mix) 20:43 SEVEN24 - Rescue Me (Original Mix) 20:40 ALY & FILA, JWAYDAN - We Control The Sunlight (Chill Out Mix) 20:37 DISCO FRIES, NIKO THE KID - The Light (Acoustic Version) 20:33 KRONO, CIMO FRANKEL - Sweet Goodbye 20:28 PELARI, COLLIN WEX, DOMINIQUE FRICOT - Oasis (CollinWex Chill Mix) 20:25 SAJE - Lost Tonight 20:21 MATHIEU & FLORZINHO - Life Is Just a Dream (Levitation Remix) 20:16 NOMOSK, ROMAN MESSER, CHRISTINA NOVELLI - Lost Soul (Zetandel Chillout Remix) 20:11 SANGRE DE LA TIERRA - Antigua 20:05 BAGHIRA - A Thrill Of Anticipation 20:01 BROCKMAN - Live Your Life (Free Your Mind) 19:56 SEXY LIYA, DEEMA - Chemistry Of Love (DJ Shved Remix) 19:51 SEBA - Painted Sky (Imagine Chill Out remix) 19:48 SAMANTHA JADE - Everytime 19:41 GAZEEBO - Shiny Lust 19:38 SEVEN24, VLADIMIR LOBOV - Fable 19:35 SEPTEMBER - Cry For You (Candlelight Remix) 19:31 SAMI COVER - Love You Like A Love Song (DjR Remix) 19:27 POCHILL - Constanta 78 19:24 SKYE - Feel Good Inc 19:20 SMOMA - Secret 19:14 SUNLOUNGER, KYLER ENGLAND - Change Your Mind (Chill Version) 19:10 T.A.T.U - Show me love (Zetandel Chill Remix) 19:06 SMOOTH STAB, AELYN - These Words Between Us (Incognet Chill Out Version) 19:00 SOARSWEEP - Losing Rays (Original Mix) 18:56 RADIO KILLER - Lonely Heart (Kenny Hayes Nitelite Mix) 18:52 SUNLESS - Love A Touch (K.S. Project Remix) 18:48 SOTY - Circle (Original Mix) 18:44 UNCLUBBED, JUSTINE SUISSA - Missing 18:38 LOUNGE DELUXE - Beautiful Man feat Jeela (Sunset Session Edit) 18:33 MARIE THERESE - Gin And Tonic (pier 18:29 SUPER8 & TAB, JAN BURTON - Free Love 18:25 NICOLA HITCHCOCK - Surrender 18:17 PROJECT BLUE SUN - Naked 18:12 KITARO - Caravansary 18:06 R.I.B - I Look At Sea Horizon 18:01 SUPER8 TAB, ALYNA - Perfect Day (Original Mix) 17:55 RHEINGOLD ENSEMBLE - Deja Bo 17:52 MARKUS GARDEWEG, MICHAEL FEINER - Fairplay (Let There Be Love) (Ambient Mix) 17:47 MATT DAREY, TIFF LACEY - Always 17:43 ROMAN MESSER, LJ AYRTEN - Break The Ice (UltraNova Chillout Remix) 17:40 20HOUSE MAFIA, JOHN MARTIN - Save The World (Matias Lehtola Unplugged Cover Mix) 17:34 RUSLAN-SET, POWERMS, V.RAY - Aspiration (Vocal Mix) 17:29 MARK WATSON - Submission 17:25 SUPERTANGOX - Last Tango In Paris 17:19 MENZI - Aufbruch 17:16 ROB NUNJES - Smells Like Teen Spirit 17:10 NO HORIZONS, SHEEMA - Summer Son 17:03 SYNTHETICSAX - Here Workin' (DJ Rostej Original Remix) 17:00 SEAL - Ooh Baby Baby 16:57 PAUL BROWN - Blues For Jeff 16:53 PEET PROJECT - Bring Me To Life 16:49 BONEY JAMES - Kicks 16:43 OLI SILK - L.A. To London 16:38 BLAIR BRYANT - Lift Off 16:33 BOB BALDWIN - She's Single, Ready to Mingle 16:29 ROB TARDIK - Shakin' the House (feat. Darren Rahn) 16:24 SOFT JAZZ SEXY MUSIC BAND - Let's Get It On 16:20 WAYMAN TISDALE - One on One 16:16 JONATHAN FRITZEN - Turn Back Time 16:11 ROBERT HARRIS - New Day 16:08 DEON YATES - In The Moment (feat. Nathan Mitchell) 16:04 BRIAN SIMPSON - What Cha Gonna Do 16:00 NICK COLIONNE - Here's to You 15:57 JULIAN VAUGHN - Loving You 15:52 PIECES OF A DREAM - All In 15:48 RICHARD ELLIOT - Living Inside Myself 15:43 GINO ROSARIA - Gentle Touch 15:37 OLI SILK - Lay Back and Think of England 15:33 PETER HEROLD - The Way You Are 15:30 NORMAN BROWN - I Miss Your Groove 15:25 JWHITE - Listen Up 15:21 DARREN RAHN - Free To Be Me 15:17 ROB TARDIK - Flip Flop 15:13 PHILLIP DOC MARTIN - Flowin' with It 15:09 PAUL BROWN - My Funny Valentine 15:04 JIM ADKINS - Into The Storm 15:00 WAYMAN TISDALE - Rebound (feat. Dave Koz) 14:55 SOFT JAZZ SEXY MUSIC BAND - Laid Back Baby 14:51 JAREZ - Taken Off 14:46 PATRICK LAMB - I See it in Your Eyes 14:42 DREAMING IN COLOUR - Back in the Day (feat. Michael Scherer) 14:37 PAUL HARDCASTLE - Wavelength 14:32 OLI SILK - Tokyo 14:28 JULIAN VAUGHN - Amore 14:25 ROCCO VENTRELLA - Where is The Love 14:20 BRIAN SIMPSON - Fiona's Song (feat. Dave Koz & Wayman Tisdale) 14:15 RICHARD ELLIOT - Boogie 14:11 PATRICK YANDALL - Law St. Locals 14:04 KEITH MASON - A Little Talk 14:00 ROB TARDIK - Bounce 13:59 JOEL DEL ROSARIO - Delicious Vinyl 13:55 PETER WHITE - How Does It Feel 13:50 JACKIEM JOYNER - Main Street 13:47 RICK HABANA - Cheers 13:43 NILS - I Like the Way You Do It 13:39 WAYMAN TISDALE - In Love 13:34 NATE WHITE - Kupenda 13:30 DARREN RAHN - Revelation 13:27 DEON YATES - Step By Step 13:22 JULIAN VAUGHN - A Feeling 13:17 SOFT JAZZ SEXY MUSIC BAND - Leonardo's Saxophone 13:13 MEKIEL REUBEN - Zoraida (A Feel for Hope) 13:09 RICHARD ELLIOT - Right On Time 13:04 BRIAN SIMPSON - Take It Up 13:00 KIM SCOTT - No Worries (Feat. James K. Lloyd) 12:57 ROB TARDIK - Smoothy (feat. Davor Jordanovski) 12:52 ADAM HAWLEY - Shake 12:48 CHRIS STANDRING - Shake You Up 12:44 BRAD ALEXANDER - Because of Who You Are 12:40 BONEY JAMES - Powerhouse 12:36 AL DEGREGORIS - Absolute 12:32 WAYMAN TISDALE - Throwin' It Down (feat. Darren Rahn) 12:28 CHRIS GODBER - Momentum 12:24 3RD FORCE - Compassion Passion 12:19 KOOL&KLEAN - Dream Weaver 12:15 ALEXANDER ZONJIC - Night Crawler 12:10 JULIAN VAUGHN - Romance The Rain 12:05 GREGG KARUKAS - Blue Touch 12:00 KIM WATERS - Midnight At The Oasis 11:59 RICHARD ELLIOT - Moon Gazer 11:55 SOFT JAZZ SEXY MUSIC BAND - Let's Stay Together 11:51 ROB TARDIK - East Meets Wes (feat. Paul Brown) 11:46 AMANDUS - Hey Man 11:41 BRIAN SIMPSON - Irresistible 11:38 DEE LUCAS - Tried and True (feat. David P. Stevens) 11:33 EUGE GROOVE - Another Sad Love Song 11:29 STEVE COLE - She's The One 11:25 WAYMAN TISDALE - Never, Never Gonna Give Ya Up (feat. Toby Keith) 11:20 KENNY NIGHTINGALE - Never Let You Go 11:16 KOOL&KLEAN - Cruise 11:12 JACOB WEDD - Belmont Ave 11:08 RONALD BOO HINKSON - Making It Easy 11:04 JULIAN VAUGHN - Sway 11:00 EJAZZ ARTISTRY - Never Too Much 10:59 JAMES SAXSMO GATES - Airwaves (feat. Fabian Lance & Carl Lester 10:55 NICHOLAS COLE - Pillow Talk 10:52 WADE C. LONG - Mr. Jones 10:47 PHIL DENNY - Switch Up 10:43 CHILLAXING JAZZ KOLLEKTION - Speak Life 10:39 RICHARD ELLIOT - Move Ahead 10:35 ROB TARDIK - B Positive (feat. Dave Koz) 10:31 GREG MANNING - Elegant Lady 10:27 NICK COLIONNE - On the Move 10:22 SOFT JAZZ SEXY MUSIC BAND - You Are My Lady 10:17 JEREMY HECTOR - Spray Bay 10:13 KOOL&KLEAN - Beautiful Surprise 10:09 BRIAN SIMPSON - All I Want is You 10:05 BRETTINA - Simple Pleasures 10:00 LEBRON - Say You Will 09:58 WAYMAN TISDALE - I'll Do the Driving (feat. Brian Simpson) 09:53 JEFF RYAN - Blue Wave 09:49 CRAIG SHARMAT - Something About You 09:45 EJAZZ ARTISTRY - We Belong Together 09:41 JULIAN VAUGHN - Someone To Love 09:37 BRIAN BROMBERG - Lazy Afternoon 09:34 WADE C. LONG - GodChildren 09:29 CINDY BRADLEY - Grey Area 09:25 CHILLAXING JAZZ KOLLEKTION - Send My Love 09:21 PAUL BROWN - Chill Out 09:17 THREESTYLE - From the Coast 09:13 CHILLAXONIC - Quintessence 09:09 KOOL&KLEAN - Begin Again 09:04 ROB TARDIK - You Know What I Mean 09:00 THE SMOOTH JAZZ ALLEY - Livin' In NYC 08:56 RHYTHM LOGIC - Tuesdays Love 08:52 RICHARD ELLIOT - Secrets 08:48 BRIAN SIMPSON - D'Groove 08:43 GEREY JOHNSON - Silk Dress 08:39 EJAZZ ARTISTRY - To Love You More 08:36 KEITH ANDREW - Little Sierra 08:31 BRETTINA - Bop Baiye 08:27 GINO ROSARIA - Island Life 08:24 SAM RUCKER - Be True 2 Who U R 08:19 CHILLAXING JAZZ KOLLEKTION - My Story 08:13 AVENUE H - Straight Up the Middle 08:08 CHILLAXONIC - Mellifluous 08:04 KOOL&KLEAN - Amazing 08:00 WAYMAN TISDALE - I Hope You Feel It To 07:57 JULIAN VAUGHN - Her Peace 07:52 SOFT JAZZ SEXY MUSIC BAND - Where Is the Love 07:47 JEFF RYAN - Edge of Tomorrow 07:44 WADE C. LONG - Happy Go Lucky 07:39 JEREMY HECTOR - Flow 07:35 CHIELI MINUCCI - Shine 07:31 EJAZZ ARTISTRY - Need You Now 07:27 JESSY J - Tropical Rain 07:22 JEFF KASHIWA - Back In The Day 07:18 BRETTINA - New Day 07:13 KONSTANTIN KLASHTORNI - Look Around 07:09 CHILLAXING JAZZ KOLLEKTION - Wherever I Go 07:04 CHILLAXONIC - Other Side Of Jupiter 07:00 KOOL&KLEAN - Feel Again 06:57 RICHARD ELLIOT - Walk With Me 06:50 DARREN MOTAMEDY - Makes Me Feel Young 06:46 THE SAX PACK - Like Old Times 06:42 BONEY JAMES - A Little Attitude 06:38 PETER HEROLD - Seabreeze 06:33 JULIAN VAUGHN - Hotel Lover 06:29 ROB MALETICK - Backwards Talkin' 06:25 WAYMAN TISDALE - Comin' Home 06:21 JAREZ - In Too Deep 06:17 AVENUE H - Careless Whisper 06:12 JWHITE - I Like It 06:09 JIM RICHTER - Peace III (feat. Michael Cornett & Jack Jones) 06:04 LOUIE FITZGERALD - Peace I Leave with You 06:00 JEREMY HECTOR - Clarity 05:59 BRETTINA - Low 05:55 JACKIEM JOYNER - Generation Next 05:51 JIM ADKINS - Highway 12 05:46 SOLEX - Full Moon 05:42 RICHARD ELLIOT - Slam 05:38 ROCCO VENTRELLA - Sensuality 05:34 JEFF RYAN - Tenderly 05:29 JULIAN VAUGHN - Over & Over 05:24 KEITH MASON - Arisen 05:20 WAYMAN TISDALE - Watch Me Play Again (feat. Robert Wilson from The Gap Band) 05:16 BONEY JAMES - Drumline 05:11 ANDY SNITZER - And again 05:03 AVENUE H - Silk To Sand 05:00 NORMAN BROWN - Heading Wes 05:00 PHILLIP DOC MARTIN - Her Touch 04:55 JEREMY HECTOR - Islander 04:51 MARCUS ANDERSON - With All My Heart 04:47 MAX HIGHSTEIN - The Ship Hail Mary 04:43 PATRICK YANDALL - Yearning for Your Love 04:39 SOLEX - Flying High (feat. Jonathan Dubose, Jr.) 04:35 DREAMING IN COLOUR - State & Main 04:31 J. WHITE - Spirit Walk 04:27 PAUL BROWN - The Funky Joint 04:24 CHICO MARIO - Need You In My Life (feat Konstantin Klashtorni) (Smooth Mix) 04:19 JULIAN VAUGHN - Waiting For You 04:15 JEFF RYAN - Up and Up 04:11 PETER WHITE - Perfect Moment 04:06 KAREN DEVROOP - Sunset in Koh Samui 04:00 JOEL DEL ROSARIO - Coastside 03:58 RICK HABANA - Island Hopping 03:54 ANDRE CAVOR - You Brought the Sunshine 03:50 NILS - Stratmosphere 03:45 JEREMY HECTOR - Ascension 03:41 NATE WHITE - Migration 03:36 EUGE GROOVE - The Last Song 03:31 DANNY LERMAN - The First Time 03:27 ANDREW NICHOLS - I Love the Way You Love Me 03:22 DARREN RAHN - One Step Ahead 03:18 DEON YATES - Suit and Tie 03:14 JEFF RYAN - Dusk To Dawn 03:09 KIM SCOTT - What You Stank About This 03:04 ADAM HAWLEY - Party People (Feat. Jeff Lorber) 03:00 PAUL HARDCASTLE - Echoes Rising 02:58 CHRIS STANDRING - Ain't Mad Atcha 02:53 BRAD ALEXANDER - You Are My Lady 02:49 BONEY JAMES - Tonic 02:45 ANDRE CAVOR - Road Trip 02:42 JEREMY HECTOR - I'll Remember 02:38 AL DEGREGORIS - Mauritius 02:34 CHRIS GODBER - Downtown Shuffle 02:28 EUGE GROOVE - From The Top 02:23 3RD FORCE - Follow Me Home 02:17 ACOUSTIC ALCHEMY - Oceans Apart 02:13 JEFF RYAN - Embrace 02:09 AVENUE BLUE - Stockholm (feat. Jeff Golub) 02:05 ALEXANDER ZONJIC - Hipster 02:00 GREGG KARUKAS - I Mean What I Said 01:59 AMANDUS - One Day for a Lifetime 01:54 DEE LUCAS - To Be Continued 01:49 KENNY NIGHTINGALE - Coltrane to Montgomery 01:46 DOMINIC CAMARDELLA - Life Goes On 01:41 STEVE COLE - Minty Fresh 01:37 ANDRE CAVOR - Say Somethin' 01:33 JEREMY HECTOR - African Lady 01:29 KEN NAVARRO - When We Dance (from the album Into The Light) 01:25 JACOB WEDD - Dancing For You 01:21 EUGE GROOVE - Belle Mania 01:17 RONALD BOO HINKSON - She's Mine (The Girl Is Mine) 01:13 NELSON RANGELL - All 'n All 01:09 JEFF RYAN - J-Factor 01:04 JAMES SAXSMO GATES - Together We Can Make It (feat. Freddie Fox) 01:00 BRIAN SIMPSON - Persuasion (feat. Boney James) 00:58 CHRIS STANDRING - Too Close for Comfort 00:52 PAUL HARDCASTLE - Eyes Closed 00:48 NICHOLAS COLE - Turning It Up 00:43 MEZZOFORTE - Angel Town 00:39 PHIL DENNY - Playin' Coy 00:35 CHRIS GODBER - Meant 2 Be (feat. Hawc Griffin) 00:30 OLI SILK - Ooh Baby! 00:26 BRIAN BROMBERG - Snuggle Up 00:22 ANDRE CAVOR - Without a Doubt 00:18 JEREMY HECTOR - Chandelle 00:13 GREG MANNING - For The Love Of You 00:09 LEBRON - Issa Party 00:04 EUGE GROOVE - Vinyl 00:00 CRAIG SHARMAT - The Back Nine

[wisconsinprelawland-blog]

Hawkins V. McGee (1929)

By Alex Pagel, Mitchell Hamline School of Law Class of 2024  

September 12, 2021 

As a first-year law student, you will inevitably take a course dedicated to the study of contracts. Certainly, the course will mandate that you read scores of cases which have impacted contract law over hundreds of years. However, few contract law cases have been as impactful in shaping contracts as we know them today as Hawkins v. McGee. The now infamous “Hairy Hand” case has been as influential as it is notorious in the study of contract law.

The landmark ruling in this case was made by the New Hampshire Supreme Court in 1929. As a result of touching an electrical wire, plaintiff George A. Hawkins had scars on his hand. To remedy his injury, Hawkins sought medical treatment from defendant and medical doctor Edward McGee. McGee guaranteed Hawkins that he would be able to fully repair his damages such that he would once again have a “one hundred percent good hand”. However, after conducting the procedure, a thick patch of hair began growing on Hawkins’s hand.[1] Clearly, McGree did not follow through with his guarantee.

Following the imperfect procedure, Hawkins sued McGee for breach of contract. Not only did his hand grow thick hair, but the recovery time from the procedure was also longer than promised. In his lawsuit, Hawkins alleged that McGee had, in making his promise, provided Hawkins a warranty that his hand would be perfect.[2] The court of first instance in the Hawkins case ruled that McGee was required to pay damages to Hawkins not only for the pain and suffering he received during the operation, but also for tangible negative side effects he received from the surgery (hair growth).[3]

Finding this ruling unjust, McGee appealed the court’s decision. McGee appealed on account that he should not be required to compensate Hawkins for the pain and suffering he endured during the surgery in addition to having to compensate him for the imperfect hand he received. The New Hampshire Supreme Court accepted his appeal and ordered a new trial be had.

After conducting the new trial the New Hampshire Supreme Court ruled that McGee was not required to compensate Hawkins for the additional pain and suffering he received from the surgery. The Court instead found that the amount in damages the plaintiff was entitled to as a result of Hawkins’s breach of contract was the difference in value between what Hawkins would have received had the surgeon given him the perfect hand he was guaranteed and the value of the hand that the plaintiff actually received.[4] Thus, Hawkins was not entitled to damages for additional pain and suffering because, as the Court reasoned, he would have endured said discomforts even if the procedure went perfectly. In other words, Hawkins was only entitled to “expectation damages”, which equal the difference in value of the hand he received and the hand he was promised.

This ruling, which essentially defined what expectation damages are, has had a lasting effect on contract law in America. As was granted in the Hawkins case, expectation damages are damages awarded when a party breaches a contract that are intended to put the injured party in as good a position as if the breaching party entirely fulfilled its duties as they were outlined in the contract.[5] Every law school in the country teaches students about expectation damages and many, if not all of them, do so via the Hawkins case. In addition to being consistently utilized in the classroom, the “Hairy Hand” case has also been mentioned in subsequent court cases and films. While the parties and judges involved in Hawkins v. McGee may not have realized that it would be so influential while the case was being tried, it certainly has become one of high notoriety across our country.

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[1] https://blog.cambridgecoaching.com/6-essential-law-school-cases-a-1ls-guide

[2] https://www.lexisnexis.com/community/casebrief/p/casebrief-hawkins-v-mcgee-862747383

[3] https://lawaspect.com/hawkins-v-mcgee-case-brief/

[4] https://vellalundlaw.com/article/4/hawkins-v-mcgee-the-hairy-hand-case

[5] https://www.law.cornell.edu/wex/expectation_damages

[wisconsinprelawland-blog]

Torts: Types, Compensation and Relationship to Criminal Law

By Alex Pagel, University of Wisconsin-La Crosse Class of 2021

July 2, 2020 

You may have first heard the word “tort” used in 1992 after Stella Liebeck was burned by her McDonald’s coffee, or perhaps in the 1970’s when numerous Ford Pinto’s infamously burst into flames after being involved in car accidents. While those torts cases garnered mass media attention and concern from the public, there are thousands of such cases each year that gain much less notoriety. Torts cases occur everyday across the country, ranging from relatively minor offenses such as trespassing on private property to more serious actions such as assault and false imprisonment. According to a recent New York Law School publication, torts cases represent 7% of all civil cases heard in state courts, representing a dramatic decrease over the past 40 years.

This decline cannot be linked to one causal factor. Instead, there are many reasons that tort cases being heard in the courts have dropped so sharply. These include states imposing restrictions on tort litigation, rising costs of hiring attorneys and pursuing litigation, as well as improved automobile and product safety in recent years. And for these reasons, many people who are able to pursue a tort case in court instead attempt to reach a settlement with the other party involved rather than going to trial. This trend has been well displayed in the Badger State, where the percentage of tort cases going to jury trial has remained very steady over the past decade, ranging annually between 3 and 4 percent.

    Yet as tort cases going to trial become more and more infrequent, torts themselves occur every day and thus remain worthy of discussion. While the term is difficult to define due to the vast array of actions and occurrences it encompasses, a tort can be understood as 

any act or omission that leads to injury or harm to another and amounts to a civil wrong for which courts may hold a party liable. In the context of torts cases, "injury" describes the invasion of any legal right, whereas "harm" refers to a loss or detriment that a party has suffered. Torts cases are heard by courts in an attempt to hold violating parties responsible for righting the wrongs they have imposed on violated parties and to prevent future illegal and harmful acts from being committed. Most often, torts cases are heard and ruled upon based on individual state laws, which may be rather similar or greatly different depending on the jurisdictions in consideration. 

Though there are scores of different offenses labeled under torts, torts are generally separated into three distinct categories: intentional torts, negligence, and strict liability. An intentional tort occurs when an individual or entity purposely causes injury or damage to another, such as striking someone in a fist fight; negligence cases do not involve deliberate actions, but instead arise when an individual or entity fails to provide a duty owed to another person or entity, as happens in many medical malpractices cases; and strict liability torts cases pertain to when responsibility for an injury can be imposed on a wrongdoer without proof of negligence or direct fault in the matter, which is often the situation in defective product lawsuits. Of the three types of tort cases, those falling under the category of negligence occur most frequently. This is largely due to vehicle and pedestrian violations being included in this classification.

Injured parties in situations falling under any of the three categories of torts may use the court system to sue another party for the civil wrong(s) and damages that have been imposed upon them. A court may rule that a violating party owes an injured party monetary compensation or an injunction, which compels said party from doing a specified activity. If monetary compensation is awarded, it often will be awarded to cover compensatory damages (those loses already incurred and expected to be incurred by the violated party), but may also come in the form of punitive damages (additional damage charges to the violating party beyond compensatory damages), which the courts may impose upon a violating party to discourage them from acting in violation of any laws again in the future. If an injured party is seeking an injunction against a violating party, it will have to prove to the court it would suffer considerable or irreparable harm without the court granting that which is requested.

While torts cases and criminal law cases may be similar, torts and criminal law are two different, distinct sets of laws. Torts disputes are handled in civil court, with one party seeking compensation from another; violations or criminal laws, (“crimes”) are dealt with in criminal courts and handle the punishing of actions committed against society which a local, state or federal government have deemed illegal. Moreover, a crime must be an intentional act, while a tort case may involve an intentional or unintentional action. Thus, crimes and torts are, by definition, distinct from each other.

Nevertheless, an action may be both a crime and a tort. Indeed, most crimes committed by people which harm another person or his/her property are both criminal acts and torts against the violated person. An example of such an occurrence may arise from an assault, which generally requires an offensive touching. If someone assaults you, a state may decide to prosecute your assaulter under criminal law. If the state proves its case in court, the person may be subject to criminal charges. In addition, though, the violated individual could file a civil tort lawsuit against the assaulter. This suit would be separate from the criminal suit, and if you prove in court that you have received damages from the assault, you may receive compensation for the assault in addition to the assaulter being handed a criminal punishment. However, many people criminally wronged in similar instances do not choose to pursue civil suits against the wrongdoing party and many torts are not crimes, as there are many torts which a person cannot be fined or imprisoned for committing. 

Thus, torts and torts law makeup a unique portion of our legal system which is distinct from criminal law. Torts, which are divided into the subcategories of intentional torts, negligence, and strict liability, include actions of varying degrees of intention and severity. Unlike criminal violations, torts are not considered to be actions against society, but instead are actions against an individual or party which may be remedied via compensatory damages, punitive damages, and/or injunctions in civil courts. While the portion of torts cases being brought to court relative to all cases being heard before a judge has decreased in recent years, thousands of settlements are made each year regarding them, seeing the parties in the would-be case reaching an agreement on proper damage awards before appearing before a judge becomes necessary. It is unclear whether torts will continue to see their portion of the caseload in civil courts continue to decline in the future, but it is certain that torts will continue to occur and need to be resolved. Hence, regardless of the sizes of their respective roles, torts and torts law are here to stay as long term players in our nation’s justice system. 

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Blackburn & Green. (2020, February 24). A Wrongful Act May Be Both a Crime and a Tort. Retrieved June 29, 2021, from https://www.blackburnandgreen.com/wrongful-act-may-crime-tort/

Cornell Law School Legal Information Institute. (n.d.). Tort. Retrieved June 29, 2021, from https://www.law.cornell.edu/wex/tort

New York Law School. (2016). Briefing Book: Tort Litigation by the Numbers. Center for Justice and Democracy. New York Law School Faculty Scholarship. Published. Retrieved from https://digitalcommons.nyls.edu/cgi/viewcontent.cgi?article=1016&context=fac_other_pubs

The Babcock Law Firm. (n.d.). Types of Torts and Examples of Tort Cases. Retrieved June 29, 2021, from https://www.injurylawcolorado.com/legal-library/tort-law-types.htm

lThe Babcock Law Firm L.L.C. (2017, December 21). Distinguishing Torts Lawsuits from Crimes. Retrieved June 29, 2021, from https://www.injurylawcolorado.com/legal-news/personal-injury-2/tort-or-crime.htm

The University of New Mexico Judicial Education Center. (n.d.). Overview of Torts — Judicial Education Center. Retrieved June 29, 2021, from http://jec.unm.edu/education/online-training/torts-tutorial

Weiss, D. C. (2017, July 26). Tort suits in state courts are “down sharply” as contract claims grow. Retrieved June 29, 2021, from https://www.abajournal.com/news/article/tort_suits_in_state_courts_are_down_sharply_as_contract_claims_grow#:%7E:text=%E2%80%9CA%20host%20of%20factors%20are,against%20plaintiffs%20and%20their%20lawyers.%E2%80%9DWisconsin 

Civil Justice Council. (2019, June 24). Tort Filings in Wisconsin Increase in 2018. Retrieved June 29, 2021, from https://www.wisciviljusticecouncil.org/2019/06/24/tort-filings-in-wisconsin-increase-in-2018/

[wisconsinprelawland-blog]

Pleading Insanity

By Alex Pagel, University of Wisconsin-La Crosse Class of 2021

August 15, 2020

Perhaps it was John Hinckley Jr.’s attempted assassination of then President Ronald Reagan or the gruesome murders and dismemberments carried out by Ed Gein that first drew your attention to the role of insanity in criminal actions and defense. Or maybe you’ve only become acquainted with the topic from briefly hearing about it on the local news. Regardless, it appears that, in general, Americans are familiar with the insanity defense that is occasionally used by defendants and are able to visualize a notorious criminal that appeared to have been insane at the time they committed their crime. However, far fewer Americans are aware of the history of the insanity plea and how it is utilized in our nation’s court rooms. 

Mens rea, or criminal intent, is a requirement in the American legal system to convict an individual on criminal charges. Since the ruling in Staples v. United states (1994), government prosecutors typically must prove beyond reasonable doubt that the charged defendant has committed the offense which he or she is charged with while possessing a guilty state of mind and acting with awareness of his or her misconduct1. The insanity plea defense, according to scholars of law and psychology, was birthed from the idea that some mental illnesses or defects may interfere with one’s ability to form the intent and state of mind requirements of mens rea. Without proving that an individual charged with a crime has met these requirements, the prosecution is unable to convict him or her of a charged crime. Therefore, the insanity plea defense creates the possibility that one can be found to have, beyond reasonable doubt, physically committed a crime, but be considered not guilty of said crime for lack of mental awareness of misconduct. This is known as being not guilty by reason of insanity2. 

The first use of insanity as a defense to criminal charges took place in an English court in 1581, in which the court ruled that "If a madman or a natural fool, or a lunatic in the time of his lunacy" kills someone, they cannot be held accountable for the killing. This later evolved into the 18th century “wild beast” test, in which defendants in British courts could not be convicted for a crime if they understood the crime no further than "an infant, a brute, or a wild beast" would3. The first federal legislation recognizing the insanity defense in America, however, was not ratified until the late 1900’s. In 1984, the Insanity Defense Reform Act was passed, making the plea of insanity a legitimate legal defense when the defendant, resulting from mental disease or defect, lacked the ability to understand the nature and quality of the committed act or lacked the ability to distinguish wrong from right in regards to the actions that brought about the legal charges4. The Act also requires courts to send individuals who have pled insane to a mental hospital or other similar facility and to have a hearing with the facility director before the insane person is released to ensure that he or she has recovered and will no longer be a danger to society.  

While the Insanity Defense Reform Act was passed at the federal level, there are some significant differences in how the states handle the insanity plea within their own borders. In most states (thirty-five), including Wisconsin, the burden of proving insanity is placed on the defendant. This requires that a defendant charged with a crime must prove beyond reasonable doubt that he or she was not sane when charges brought against him or her were committed. In contrast, eleven states place the burden of proof in insanity cases on the state itself, meaning the prosecution must prove the defendant was not sane at the time of the crime5. The remaining four states of Kansas, Montana, Idaho, and Utah do not allow the insanity plea defense to be used in their respective jurisdictions6. 

In the states that allow insanity pleas, there are three different legal standards, often used in combination with one another, to determine if the defendant was truly insane at the time he or she committed a crime. Used by a majority of states, the M’Naghten Rule holds that a defendant be deemed insane if he or she was unable to distinguish between right and wrong or didn't understand the illegality of their actions because of a ‘disease of the mind’7. In situations in which the defendant was aware of the illegality of their action but was unable to stop him or herself from committing said action, the Irresistible Impulse Test is often used. This Test allows for a defendant to be found not guilty by reason of insanity if despite understanding the wrongfulness of their actions, he or she was driven to commit the illegal action by some irresistible impulse that he or she could not control. The most up to date legal standard for determining insanity is The Model Penal Code Test. The Model Penal Code Test requires that an individual pleading insanity have their mental disease/defect diagnosed by an appropriately licensed mental health professional and does not allow psychopaths and sociopaths to use the insanity plea defense89. 

If found not guilty by reason of insanity, the insane person will have a much different experience with the correctional system than does the average convict. These individuals are rarely set free and are commonly sent to mental health institutions where they will stay until a judge is convinced that he or she is no longer insane and not posing a threat to the public. In some ways, the confinement and lack of social interaction that persons found not guilty by reason of insanity face are worse than the conditions that criminals found guilty in a court of law endure while in jail. While it may be in the literal sense, pleading insanity is not a legitimate get out of jail free card.  

Despite this, there remains many misconceptions among the public that the insanity plea is an overly abused loophole out of legitimate legal punishment. On the contrary, research has found that the insanity plea defense is used in less than 1% of felony cases and it is only successful in roughly ¼ of those trials; defendants found not guilty by reason of insanity frequently are held in mental institutions for the same amount of time or longer than the length of imprisonment they would’ve endured had they been found guilty; and that the majority of people who use the insanity defense have a history of mental illnesses and hospitalizations, suggesting that they are not ‘faking’ insanity10. While the insanity defense may be used as a tactic to avoid lengthy imprisonment, it is clearly not as frequently used or successful as many people believe it to be.  

Thus, while the insanity plea is handled differently among the states and often has a bad reputation of being used as a last resort defense by criminals with a strong case against them, it plays a very small part in our country’s system of jurisprudence and does not function as a way for criminals to happily avoid jail time. Thanks to the strict requirements of proving insanity set forth by the M’Naghten Rule, the Irresistible Impulse Test, and The Model Penal Code Test, one is very unlikely to be found not guilty by reason of insanity unless they are legitimately insane. Furthermore, the social isolation, uncertain stay lengths, and other undesirable conditions that any defendant found not guilty by reason of insanity will face act as a deterrent for non-ill criminals from pleading insane. While there are many defense strategies to use in any case; the insanity plea is one that is used very infrequently, successful even more seldom, and can lead to a future in a mental health institution that may be as undesirable as a prison cell.  

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[1] Cornell Law School Legal Information Institute. (n.d.). Mens Rea. Retrieved June 29, 2020, from https://www.law.cornell.edu/wex/mens_rea 

[2] Psychiatry MMC. (2005, September 2). The Insanity Defense. Retrieved from https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2993532/ 

[3] FindLaw. (2019, January 18). Insanity Defense. Retrieved from https://criminal.findlaw.com/criminal-procedure/insanity-defense.html 

[4] Congress.gov. (n.d.). H.R.3771 - 98th Congress (1983-1984): Insanity Defense Reform Act of 1983. Retrieved June 29, 2020, from https://www.congress.gov/bill/98th-congress/house-bill/3771?s=1&r=99 

[5] Ray, K. (2015, May 22). Burden of proof: Colorado’s insanity plea rules and the James Holmes Trial. Retrieved from https://www.colorado.edu/initiative/newscorps/2015/05/22/burden-proof-colorados-insanity-plea-rules-and-james-holmes-trial 

[6] US Legal, Inc. (n.d.). The Insanity Defense Among the States – Criminal Law. Retrieved June 29, 2020, from https://criminallaw.uslegal.com/defense-of-insanity/the-insanity-defense-among-the-states/ 

[7] FindLaw. (2019b, January 23). The Insanity Defense Among the States. Retrieved from https://criminal.findlaw.com/criminal-procedure/the-insanity-defense-among-the-states.html#:~:text=Texas-,The%20state%20uses%20the%20M’Naghten%20Rule%20with%20the%20Irresistible,proof%20is%20on%20the%20defendant.&text=The%20state%20has%20abolished%20the%20insanity%20defense%2C%20but%20guilty,mentally%20ill%20verdicts%20are%20allowed. 

[8] FindLaw. (2019c, February 20). The “Model Penal Code” Test for Legal Insanity. Retrieved from https://criminal.findlaw.com/criminal-procedure/the-model-penal-code-test-for-legal-insanity.html 

[9] The Law Dictionary. (n.d.). The Four Tests Used for Determining Legal Insanity. Retrieved June 29, 2020, from https://thelawdictionary.org/article/four-tests-used-determining-legal-insanity/ 

[10] https://www.criminaldefenselawyer.com/resources/criminal-defense/criminal-defense-case/pleading-insanity-a-criminal-defense-case

[wisconsinprelawland-blog]

Bush v. Gore: Ripeness, Justiciability And Repercussions

By Alex Pagel, University of Wisconsin-La Crosse Class of 2021

May 29, 2020

The 2000 presidential election, contested between Democratic nominee, Al Gore, and Republican nominee, George W. Bush, was to be decided by the twenty-five electoral college votes from the state of Florida. After the popular vote was tallied in the Sunshine State, Bush was deemed to have won more votes than Gore. However, his margin of victory in the state was less than 0.5% of the entire votes cast which, according to a Florida statute, mandated a machine recount of the entire state’s votes. After said recount, it was determined that Bush had won the state by only 327 votes; roughly 1,400 less than was recorded by the first counting. This change made the narrow difference in votes even tighter and prompted the Florida Supreme Court to mandate a hand recount of all votes in four Florida counties where many ‘undervotes’ (those which were recorded as not selecting or not clearly selecting a candidate for the presidency) were abundant. These four counties had traditionally voted in favor of Democratic candidates, and because of the extremely close nature of the election, Bush became worried that he would be beaten after the hand recount was had. Thus, Bush petitioned the mandated recount to the U.S. Supreme Court on the grounds that it was unconstitutional, which halted the hand recount and began the Bush v. Gore case. 

After hearing the case, the nation’s High Court ruled in a 5-4 decision split along ideological lines that the Florida Supreme Court had mandated a recount which had violated Equal Protection and Due Process requirements necessary to maintain the fairness and validity required in collecting election votes. In its majority opinion, the Supreme Court stated that Florida’s “standards for accepting or rejecting contested ballots might vary not only from county to county but indeed within a single county from one recount team to another”, and “In addition, the recounts in these counties were not limited to so-called undervotes but extended to all of the ballots”1. The Court concluded from these findings that Florida had not shown that its mandated recount procedures included the necessary safeguards required in order to conduct a fair recount election. 

While the Court had legal justifications for making its decision, it clearly violated Constitutional provisions which dictate which cases it may review. One such provision is that of ripeness. A case is "ripe" for review when the facts of the case have matured into an existing substantial controversy warranting judicial intervention and in which the plaintiff in the case has already been harmed2. However, the mandated recount in Florida had not taken place when Bush filed suit and therefore it was impossible that he had been harmed by it at that time. The Court’s holding was that the Equal Protection clause would be violated if similar ballots in the recount were treated differently, but it could not be known if this violation had occurred until the ballots were counted, which at that time, they had not been3. Therefore, by hearing this case, the Supreme Court violated the Constitutional provision of ripeness and heard a case which it did not have the legal grounds to rule over. 

Additionally, by accepting the Bush case, the Court set a new standard for determining what cases it will consider justiciable and which ones it will not. As it is commonly referred to, the justiciability doctrine summarizes that federal courts will refuse to hear a case if they find that it presents an overtly political question. This doctrine suggests that some cases are so politically charged that federal courts, which are supposed to be the apolitical branch of government, should not hear the issue4. Per this understanding, it would’ve been well within the Court’s grasp to rule that a case involving the outcome of a presidential election, such as in the Bush case, was too politically charged to be considered justiciable. However, by choosing to rule over this case, the Court willingly ignored another of its own constitutional limitations. According to the Florida Bar journal, the Court willingly taking this case “undercut the notion that federal courts do not immerse themselves in the rough-and-tumble world of politics” and referred to this as “an amazing holding, and one likely to cause great mischief” moving forward5. In our judicial case law system, this decision set an extremely dangerous political precedent for future Courts to follow. By unconstitutionally ruling over an overtly political case, the Supreme Court violated the justiciability doctrine and may have opened the door for its further political involvement in the future.  

Moreover, by hearing this case and violating the constitutional provisions of ripeness and justiciability, the Supreme Court raised attention to the influence politics has on its decision making and hence has weakened its credibility as being apolitical. In describing this case, the University of Minnesota Law Review stated that “Bush v. Gore is the prime example of a politically-motivated court” and that “It is hard to argue that the case is anything other than political”6. While the Judicial Branch was intended to be a bipartisan check on the unmistakably political other branches of government, it seems, at times, to fall short of this goal. In the aftermath of Bush v. Gore, election litigation has greatly expanded as candidates have become increasingly comfortable using lawsuits to contest election outcomes and often expect to do so before the conclusion of their respective elections. This has resulted in state courts, which often consist of judges who are themselves selected through partisan elections, playing a progressively greater role in deciding who will win these elections7. As judges' political leanings seem to be impacting their decision making in cases more often, Americans must wonder whether the judicial branch is truly apolitical. This uncertainty surrounding the interplay between politics and the courts has undoubtedly increased since the Bush v Gore case and continues to weaken the court’s legitimacy in the eyes of the American public today. 

Perhaps the most damaging implication of this case was that it was entirely unnecessary in determining the election’s outcome. Regardless of the variations in counting methods and potential shortcoming of necessary election safeguards, the results of the proposed Florida recount would’ve almost inevitably found Bush the winner of the election. In a study which simulated the most likely ways in which a recount would’ve been conducted, Bush was still found to be the winner by 537, 884, and 1,665 votes, respectively8. This suggests that even if the recount mandated by the Florida Supreme Court had occurred, the results of the 2000 presidential election would not have changed. 

Considering the constitutional infringements it willingly engaged in by accepting this case and the fact that its ruling didn’t change the outcome of the election, the Supreme Court harmed its public image and damaged its apolitical reputation by making an unnecessary ruling in Bush v. Gore. Had the Court followed its institutional limitations and accepted the case as unripe and nonjusticiable, it would’ve avoided these implications and set a much more appropriate precedent for future courts. Unfortunately, the example displayed by the Bush case is that the Court is not apolitical and is willing to go beyond its constitutional restraints when it feels necessary to do so. As the appearance of legitimacy for the Supreme Court in the public eye is essential, the Court must be more prudent when deciding to accept similar cases in the future. In more closely abiding my it’s constitutional restraints and more vigilantly considering the implications of its decisions moving forward, the Court can avoid the consequences it brought upon itself in the Bush case and set a better example for jurisprudence in America moving forward. If it fails to do so, as Hamilton wrote in Federalist 81, “the errors and usurpations of the Supreme Court of the United States will be uncontrollable and remediless”9, leading to unknown legal catastrophes and consequences. However, only time will tell if the Court will act more sagaciously in the future.  

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[1] Bush v. Gore, 531 U.S. 98 (2000). (n.d.). Retrieved May 11, 2020, from https://supreme.justia.com/cases/federal/us/531/98/ 

[2] Cornell Law School Legal Information Institute. (n.d.). Ripe. Retrieved May 11, 2020, from https://www.law.cornell.edu/wex/ripe 

[3] Chemerinsky, E., & American Constitution Society. (2015, December 11). Thinking Back on Bush v. Gore | ACS. Retrieved from https://www.acslaw.org/expertforum/thinking-back-on-bush-v-gore/?utm_content=buffer0491b&utm_medium=social&utm_source=twitter.com&utm_campaign=buffer 

[4] Cornell Law School Legal Information Institute. (n.d.-a). Political Question Doctrine. Retrieved May 11, 2020, from https://www.law.cornell.edu/wex/political_question_doctrine 

[5] The Florida Bar. (2002). BUSH V. GORE: IMPLICATIONS FOR FUTURE FEDERAL COURT PRACTICE. The Florida Bar Journal, 76(10), 36. Retrieved from https://www.floridabar.org/the-florida-bar-journal/bush-v-gore-implications-for-future-federal-court-practice/ 

[6] Brecheisen, J. (2018, April 1). Bush v. Gore. Retrieved from https://minnesotalawreview.org/2018/04/01/bush-v-gore/ 

[7] Shepherd, J., & Kang, M. (2018, August 21). Partisan Justice | ACS. Retrieved from https://www.acslaw.org/analysis/reports/partisan-justice/ 

[8] Ashland University. (2001, April 1). And the Winner Is...Still George Bush. Retrieved from https://ashbrook.org/publications/oped-alt-01-recount/ 

[9] Lillian Goldman Law Library. (n.d.). The Avalon Project : Federalist No 81. Retrieved May 1, 2020, from https://avalon.law.yale.edu/18th_century/fed81.asp 

[10] (Image) Rappeport, A., & The New York Times. (2014, December 13). On This Day: A Recount Ends. Retrieved from https://www.nytimes.com/politics/first-draft/2014/12/12/on-this-day-a-recount-ends/