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Associate Accused Of Secretly Videotaping A Colleague Undressing Agrees To Discipline

He's been suspended from the practice of law.
Tags: Videos, Michael Thomas Herbst, Peeping Tom


Justices turn down mystery corporation in grand-jury dispute

Yesterday Attorney General William Barr sent a summary of the report by Special Counsel Robert Mueller to Congress. Today, the Supreme Court released orders from the justices’ private conference last week and turned down a petition that asked the justices to review a ruling by a lower court holding an unnamed foreign corporation in contempt for failing to provide information requested by a subpoena related to the Mueller investigation. The corporation, which is owned by an unidentified foreign c...
Tags: Featured, What's Happening Now


A Journey of Thirty Years May Not Be Close To An End

The web page of the Ohio Supreme Court has a summary of an oral argument scheduled tomorrow In re Application of Gillian Holzhauser-Graber, Case no. 2018-1425 Board of Commissioners on Character & Fitness The Board of Commissioners on Character &... [Author: Legal Profession Prof]
Tags: Bar Discipline & Process, Legal Profession Prof


More Than Disarming

A domestic violence conviction drew a three-month suspension of an attorney by the New Jersey Supreme Court. From the report of the Disciplinary Review Board Following two changes of venue, the simple assault charge was tried to verdict in the... [Author: Legal Profession Prof]
Tags: Bar Discipline & Process, Legal Profession Prof


Former Pennsylvania Attorney General Disbarred By Consent

The Pennsylvania Supreme Court has accepted the consent disbarment of former state Attorney General Kathleen Kane. The Morning Call reported After a jury trial, Kane was convicted on nine counts in August 2016 for leaking information about a grand jury... [Author: Legal Profession Prof]
Tags: Bar Discipline & Process, Legal Profession Prof


Trapped Squirrel Causing Electrical Arc Equals No Coverage

    The Supreme Court of Iowa agreed the city had no coverage for damage to its property after a squirrel triggered an electrical arc.  City of W. Liberty v. Employers Mut. Cas. Co. , 2019 Iowa Sup. LEXIS 6 (Feb. 1, 2019).      A squirrel climbed on to an electrical transformer at West Liberty's power plant. While touching a ground steel frame, the squirrel came into contact with a bare cable clamp that carried 7200 volts of electricity. This contact created a conductive path between the clamp a...
Tags: All-Risk Policy, First Party Insurance, Tred Eyerly


British Soldier Reprimanded for Virtual Killing Spree

After having spent two weeks in a virtual training simulator playing pretend, a British soldier made light of his situation by carrying out a “virtual killing spree”, resulting in a real-life punishment. During the virtual battlefield exercise, the Edinburgh rifleman virtually shot one of his comrades in cold blood before going insane and decimating vehicles […]
Tags: International, Bizarre, Crime, Military, Technology, UK


"This rethinking of disposability has an anti-capitalist appeal, as does thinking of oneself as someone who is not only, always, a consumer in search of the next purchase."

"But in the same way that making sustainable clothing purchases is a privilege many cannot afford, [visible mending] is a privilege to have the resources needed not only to mend something but also to take the time to make it beautiful. It is also a privilege to feel comfortable wearing clothes that are visibly worn, however beautiful the repair. We need to be careful not to romanticize the history of mending, a craft that has grown out of necessity. Miho Takeuchi, a traditional sashiko instructo...
Tags: Aesthetics, Capitalism, Fashion, Japan, Seen And Unseen


Ghost In The Machine: Why AI Faces An Uphill Battle For Copyright Authorship

If AI actually creates a work, is it copyrightable, and if so, who is the author?
Tags: Intellectual Property, Artificial Intelligence, Copyright, Technology, Tom Kulik


I'm avoiding reading the many pundits who seem to be straining to resist the reality of the Mueller report.

I read. I don't watch the news on TV. But if I wanted to laugh at these people in their ludicrous scrambling for dignity and a way to keep hating on Trump, I'd watch it on TV. I'd do what you can see Scott Adams doing in this video, watch them on TV and laugh at them. Look at their faces! They're so unhappy! But — maybe a bit like Trump himself, with his cheerful simple tweets this morning — I don't want to get bogged down in their dismal, entropic experience. It's too time-consuming. I watched ...
Tags: Fake News, Greenwald, Journalism, Language, Matt Taibbi, Mueller, Paul Farhi, Scott Adams, Trump troubles, TV, Unread Books, William Barr


Trump's tweets this morning — upbeat and circumspect.

The morning, so far (click to enlarge and clarify):He retweets his 2 tweets from yesterday morning, putting the delightful "Good Morning, Have A Great Day!" at the top. The other one is, "MAKE AMERICA GREAT AGAIN."He retweets his short and sweet reaction to Barr's letter, "No Collusion, No Obstruction, Complete and Total EXONERATION. KEEP AMERICA GREAT!"Then there's a quote from Brett Baier: "'No matter your ideologies or your loyalties, this is a good day for America. No American conspired to c...
Tags: Bret Baier, Mueller, Trump rhetoric


Time to Update Your Virginia Mechanic’s Lien Forms (July 1, 2019)

In a few of my recent posts here at Construction Law Musings, I’ve discussed a few bills that were considered and/or passed in the General Assembly this year.  One of the bills is one close to my heart and a subject much discussed here, namely mechanic’s liens. passed both houses of the General Assembly and has been signed by the Governor.  This bill reconciled the language found in Virginia Code Sec. 43-4 with the various forms for general contractor, subcontractor and sub-subcontractor/sup...
Tags: Construction, Construction Law, Mechanic's Liens, Construction Attorney, General Assembly, Virginia Construction Mediator, Virginia Mechanic's Lien


The Partner’s Continuing Lament

In Biglaw, you'll do good work, be in demand, and stay busy -- until you age.
Tags: Biglaw, Mark Herrmann, Partner Issues


"Iowa 2020: Biden and Sanders neck and neck in Democratic Field, Mayor Pete jumps to double digits."

It's Emerson’s second poll of the Iowa caucus.... former Vice President Joe Biden narrowly leads the Democratic field with 25%, followed by Vermont Senator Bernie Sanders at 24%. Mayor Pete Buttigieg of South Bend, Indiana has surged to 11%. Senator Kamala Harris of California follows with 10% - the only other candidate to clear double digits in Iowa....Buttigieg was at 0% in the previous Emerson poll, in January.Sanders maintains a lead among 18-29 year olds with 44%, followed by Buttigieg with...
Tags: 2020 Campaign, Kamala Harris, Names, Pete Buttigieg


Exclusive Survey Report: Small Firms See Many Challenges, But Do Little To Address Them

Solo and small law firms face many challenges — from getting paid to managing time to keeping up with technology — but they do little to address them, according to the 2019 State of U.S. Small Law Firms survey report being released today by Thomson Reuters. This is the third year TR has surveyed firms of 29 or fewer lawyers, and the results each year have been alarmingly consistent in showing that, while small firms recognize the challenges they face, they show surprisingly little movement in ta...
Tags: Uncategorized, Thomson Reuters, TR Small Firm Survey, Bob Ambrogi


Morning Docket: 03.25.19

* In case you somehow missed it, according to Attorney General Bill Barr's summary of special counsel Robert Mueller's investigation, there was no collusion with Russia and with regard to obstruction, "[w]hile this report does not conclude that the president committed a crime, it also does not exonerate him." And that's just fine, because AG Barr exonerated Trump himself. [New York Times] * Speaking of AG Barr, House Judiciary Committee Chairman Jerry Nadler says he wants to call Barr in to tes...
Tags: Morning Docket, Brett Kavanaugh, Cardi B, Collusion, Donald Trump, Electronic Privacy Information Center, Jerry Nadler, Law Professors, Law Schools, Obstruction, Robert Mueller, Rudy Giuliani, Russia Probe, Trademarks, William Barr


Class action roundup

Supreme Court remands Frank v. Gaos to lower court on standing issue, thus sidestepping cy pres question; dissenting from per curiam ruling, Justice Clarence Thomas writes that cy pres payments are “not a form of relief to the absent class members and should not be treated as such (including when calculating attorney’s fees)” [opinion; Ronald Mann, SCOTUSBlog] New Manhattan Institute report details problems with cy pres, including its use to support ideologically fraught groups and those advan...
Tags: Uncategorized, Class Action Fairness Act, Class Action Settlements, Class Actions, Cy Pres, Department of Justice


Monday round-up

This morning the court begins the second week of the March sitting with two oral arguments. First up is PDR Network, LLC v. Carlton & Harris Chiropractic Inc., which asks whether the Hobbs Act, a jurisdictional-channeling statute, requires courts to accept the Federal Communications Commission’s interpretation of a statute allowing recipients of “junk faxes” to sue the senders for damages. Christopher Walker previewed the case for this blog. Luís Lozada and Isaac Syed have a preview at Cornell L...
Tags: Round-up


Monday’s Mix

Each Monday we present brief excerpts of recent posts from five of Canada’s award­-winning legal blogs chosen at random* from more than 80 recent Clawbie winners. In this way we hope to promote their work, with their permission, to as wide an audience as possible. This week the randomly selected blogs are 1. Condo Adviser 2. Family LLB 3. Vancouver Immigration Law Blog 4. BC Injury Law Blog 5. First Reference Condo Adviser Must Condos Making Renovations Implement Accessibility Measures? Stayin...
Tags: Monday’s Mix


Eviction Process: How to Access Lanlord-Tenant Court Records Montgomery County Md

My question involves landlord-tenant law in the State of: Maryland I am a long distance landlord of a small property in Gaithersburg, Montgomery County, MD. I hired a property management company to manage the property in my absence. At one point, 2+ month ago a tenant did not pay his rent.There was some delay on my part with instructing the management company to file for non-payment, but it was filed Jan 2X. The court date was set to Feb2X, and according to the property management company the h...
Tags: Landlord-Tenant Law


Pretrial Motions: Do D.a's Subpoena People They Haven't Spoken Too

My question involves criminal law for the state of: ok I sent an email back in January to the county court clerk concerning a domestic violence case involving an ex. The court is located 100 miles away from where I live. I asked to remain anonymous and described some of the things he had done 20yrs ago. I have never heard back from them, which was exactly what I wanted. However, just recently, I looked it up online, and noticed subpoenas had been issued on March 18. One of the subpoenas did...
Tags: Criminal Procedure


Squalor, glamour, wealth and cruelty: the Britain Van Gogh saw and loved

He painted prisoners, devoured Dickens and worshipped the London News … ahead of a major show, our writer reveals how Britain changed Van Gogh – and how he transformed its artVincent van Gogh was the most European of artists. His brief, intense life, before he killed himself aged 37, saw him moving between his native Netherlands, Belgium, England and France. He spent two years in London from 1873 to 1875, employed by an art dealer; in 1876, for shorter periods, he worked as a teacher in Ramsgate...
Tags: Van Gogh, Art, Art and design, Culture, Tate Britain, Exhibitions, Painting, UK news, Social history, Society


851.91 Will Sealing a Record Remove It from the Fbi Background Check

My question involves criminal records for the state of: California Will a successfully granted PC 851.91 order to "Seal" a record remove it from the FBI background check? Or would it need to be granted via PC 851.8 "Seal and Destroy"? Thank you in advance for your time and advice.
Tags: Criminal Records


At the Sunday Night Cafe...

... raise whatever topics you like.I’m moderating comments, so you might not see much in real time during the night, but it’s a great way to communicate with me on Monday morning as I’m looking for things to blog.And here’s a place where you can talk about the new comments policy, which I edit out in threads on posts that have specific subject matter. [Author: [email protected] (Ann Althouse)]


"Attorney General William P. Barr delivered to Congress on Sunday afternoon the main findings of the inquiry by Robert S. Mueller III, a House Democrat said..."

"Lawmakers received the four-page letter, Representative Jerrold Nadler of New York, the chairman of the House Judiciary Committee, said on Twitter."The NYT reports.UPDATE: The headline (at the same link) is now updated to: "Mueller Finds No Trump-Russia Conspiracy but Stops Shorts of Exonerating President on Obstruction of Justice" (NYT). From the article:The investigation led by Robert S. Mueller III found that neither President Trump nor any of his aides conspired or coordinated with the Russ...
Tags: Mueller


Using Artificial Intelligence for Demeanour Evidence

Demeanour evidence holds a controversial role in evidence law. Centuries of common law have allowed trial judges to assess the behaviour, conduct, and mannerisms to make findings of credibility. Often these findings can be useful to judges, especially when the only evidence available on crucial determinations of fact is viva voce testimony from each side. In “Relying on Demeanour Evidence to Assess Credibility during Trial – A Critical Examination,” Amna Qureshi provides some background on the u...
Tags: Justice Issues, Technology


Bolt Action Assault Rifles Are “Insane”

So says Salon. Take a minute and look at all the military-speak gun-culture nomenclature babble they slap down: “match-grade” and “muzzle brake” and “infinitely adjustable folding stock” and all the rest of that crap. That’s the way they market guns like the “Scorpion,” and you know what it is? It’s insane. OK, their use of “insane” is a kind of gun-lover-hipster-speak, and the Scorpio isn’t a semiautomatic assault rifle like the ones used to kill 20 children and six teachers at Sandy Hook, or t...
Tags: Gun Control


The Pillars Of Gun Confiscations

From someone who has studied it. “Registration is a pillar of gun control and has been in 150 countries for a century and a half,” he said. “The first pillar is licensing … then you register the object … and then you make it clear that ownership of a firearm is a conditional privilege, which can be taken away.” He said all three pillars were absent in the US, in NZ two pillars existed – strong licensing and a definite rejection of the right to bear arms. “The middle pillar, the third leg on the ...
Tags: Gun Control


Why Is The ATF Making Secret Rules For The Firearms Industry?

Ted Bromund: The Sessions memo was backed up in January 2018 by a new Department of Justice policy that “prohibits the use of agency guidance documents in affirmative civil litigation in a manner that would convert such guidance into binding rules of conduct.” The ATF understood these directives to mean that it had to stop issuing public, industry-wide guidance or opinions—the very documents that could ensure uniform compliance in industry with existing regulations. When this author reached out ...
Tags: Gun Control


Little Rock Police Serve Every Search Warrant With A SWAT Team

Radley Balko: Last fall, I published an investigation into the way the Little Rock Police Department has been serving its drug warrants. The piece explored three general allegations: First, the LRPD has been serving drugs warrants with extraordinarily powerful explosives that other SWAT veterans told me are wholly inappropriate. Second, there’s irrefutable video evidence that one LRPD informant and his police handlers were misleading about their investigation into a man named Roderick Talley. T...
Tags: Police



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