The Split Second Life And Death Decisions LEOs Make Every Day

Via WiscoDave, A Faulkner sheriff deputy named Keenan Wallace was caught on camera shooting a small dog while investigating a neighborhood call reporting an aggressive dog.  Initially the County Sheriff was slow to respond to the outcry; then the video went viral on social media. The Faulkner County Sheriff’s Department said this. “We in law enforcement answer calls every day that require split second life and death decisions.” So what was the threat?  You’d think they were doing MOUT ...
Tags: Police, Military, Fallujah, FAULKNER, Keenan Wallace, Faulkner County Sheriff s Department

What the Fu** — Supreme Court agrees to hear Brunetti Trademark Dispute

by Dennis Crouch Erik Brunetti’s “FUCT” line of apparel doesn’t have much appeal to my sense of style, but the clothing certainly seem to make a statement.  The USPTO refused to grant Brunetti’s application to register the mark — finding that the mark “comprises immoral * * * or scandalous matter” and thus cannot be registered under Section 2(a) of the Lanham Act. On appeal, the Federal Circuit sided with Brunetti — holding the statute unconstitutional as contrary to the Free Speech provision ...
Tags: Supreme Court, Law, Uspto, Patent, Kennedy, Tam, Kavanaugh, Federal Circuit, Brunetti, Fu, Gorsuch, Matal, Dennis Crouch Erik Brunetti, Government Since Tam the Supreme Court

An Uber Decision on Arbitration Clauses

Rideshare companies like Uber have already completely transformed the transportation industry, but they are not without their detractors. As I first mentioned in 2017, a class action launched against the company, and has recently made its way to the Ontario Court of Appeal. The Superior Court motion decision, summarized on Slaw here, relied on the Arbitration Act, 1991, the International Commercial Arbitration Act, 2017, and case law such as Seidel v. TELUS Communications Inc., Wellman v. TELUS ...
Tags: Uber, Law, Court, US, Chicago, Esa, Philippines, Netherlands, Amsterdam, Union, Court of appeal, Ontario, Ministry, Wallace, Davidson, Davies

People For The American Way Want To Ban Rapid-Fire Ammunition

Yes, sadly, it’s true. Nevertheless, PFAW describes a ban on magazine capacity as a ban on “rapid-fire ammunition.” They do not explain what “rapid-fire ammunition” is–whether it is ammunition for a Glock 9mm, a Smith & Wesson .380, or a Rock Island Armory 10mm. The only clue they give is their emphasis on “assault weapons,” a moniker the left uses to describe semiautomatic rifles. I’m wondering if this means we won’t have access to that shoulder thing that goes up either? Prior: The Captain’s ...
Tags: Atlanta, Military, Gun Control, Smith Wesson, Mother Jones, Bob Owens, PFAW, Rapid Fire Ammunition, Ban Rapid Fire Ammunition

The Diminishing Of The Western Militaries

Beginning with the UK: … last year it launched its ‘Belonging’ recruitment campaign, which assured would-be soldiers that the army is an emotionally correct outfit that provides psychological validation to its recruits. One ad showed a tearful soldier in a jungle opening a letter from a loved one, while his comrades offered him a cup of tea. [ … ] And yet instead of learning from the failures of the ‘Belonging’ campaign, the army has decided to go even further down the road of presenting itself ...
Tags: UK, Department Of Defense, Colombia, Britain, Military, Marine Corps, Abc News, Justice Department, Corps, U S Marine Corps, United States Embassy, Special Forces Group, Army Green Berets, Parris Island South Carolina, Eglin Air Force Base Florida, Daniel Gould

Gun Control At Hot Air

By someone named Jazz Shaw. Personally, I’ve never been quite as upset about background checks when compared to actual gun bans because ferreting out dangerous criminals who may be attempting to purchase a gun from an authorized outlet is actually a good thing. I don’t know this person, but perhaps she could explain how such a thing would stop a criminal from getting firearms?  While she’s at it, perhaps she might write us an essay on how this system could be used as a gun registry, and thus as ...
Tags: Military, Gun Control, Hot Air, Jazz Shaw

Paul Harrell On 22tcm vs. 5.7×28 vs. 7.62×25

I think this is an informative video.  However, I know the FN 5.7 is an extremely reliable firearm.  I’d like to see this expanded to evaluate the Rock Island pistol shooting the 22tcm.  A review of the ammunition isn’t quite good enough to form an opinion.
Tags: Guns, Military, Firearms, FN, Rock Island, Ammunition, Paul Harrell

At the Sunday Night Café...

... you can talk all you want. [Author: [email protected] (Ann Althouse)]
Tags: Law, Ann Althouse

Two helpful reviews of the FIRST STEP Act and what it does (and does not do)

I have seen two recent reviews of the politics, policy, practicalities and potential of the FIRST STEP Act.  Here are links to the two helpful pieces, with a small excerpt from each: From the Brennan Center, "How the FIRST STEP Act Became Law — and What Happens Next" The FIRST STEP Act changes the conversation on mass incarceration The FIRST STEP Act is a critical win in the fight to reduce mass incarceration. While the bill is hardly a panacea, it’s the largest step the federal government has ...
Tags: Law, White House, Trump, Bureau of Prisons, Bop, Douglas A Berman, SRCA

Fdic and Drug Conviction

My question involves labor and employment law for the state of: New York Section 19 applies to drug crimes in which money laundering is an element. Whether a crime involving possession of drugs is covered by Section 19 will be determined by the nature of the crime as defined in the relevant criminal statute. All convictions for offenses concerning the illegal manufacture, sale, and distribution of or trafficking in controlled substances shall require an application, unless they fall within the ...
Tags: Law, Employment and Labor

Non Sequiturs: 01.06.19

* It's baaack: partisan gerrymandering returns to the Supreme Court -- and in the view of veteran SCOTUS watcher Amy Howe, it's unlikely that the justices will duck the merits this time around. [SCOTUSblog] * Article III standing and the Stored Communications Act: Orin Kerr argues that it should be viewed through the lens of property rather than privacy. [Volokh Conspiracy / Reason] * Carrie Severino calls out Senate Democrats for their persistent -- and in her view, unjustified -- questioning...
Tags: Supreme Court, Privacy, Law, Scotus, Senate, Religion, Gerrymandering, Federal Judges, Sentencing, Standing, John Roberts, Amy Howe, Orin Kerr, Non-Sequiturs, Election Law, Judicial Nominations

Sunday TV : Golden Globe Awards

As is usually the case, the Golden Globe Awards (Hollywood Foreign Press) tonight is so much better a production that the staid and unimaginative Oscars. Here is their website with well designed page for the nominees and winners. (The one... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
Tags: Law, Golden Globe Awards Hollywood Foreign Press

U.S. Military Confirms Death of Al-Qaida Operative Involved in USS Cole Attack

The man targeted was wanted for his role in the Oct. 12, 2000 attack
Tags: News, Uncategorized, Military, Onetime, U S Military Confirms Death of Al Qaida

Some New Year highlights from Marijuana Law, Policy & Reform

It has only been a few weeks since I did a round-up of posts of note from my blogging over at Marijuana Law, Policy & Reform, but a recent post round-up is timely given the interesting discussions that the end if 2018 and start of 2019 have engendered. So: Effective accounting of Top 5 marijuana reform developments in 2018 (with a couple extra added for emphasis) An informed accounting of those states "Most Likely To Legalize Marijuana In 2019" Will 2019 really be the "year of weed"? How c...
Tags: Law, Colorado, Washington, Douglas A Berman

Federal Taxes: Is a Donation to a Church, That is Not a Recognized Denomination, Deductible

My cousin is a pastor of an independent group of Christians who do not belong to any particular denomination even though he is an ordained Baptist pastor. He is looking to construct a building in which to conduct services (he is currently renting a public venue for that) and seeking donations for the building fund. I wanted to know if the donations are tax deductible since it is not a recognized religious denomination, just general Christian.
Tags: Law, Tax Law

Default Judgments: Motion to Reconsider Default Judgment Being Set Aside (Oregon)

My question involves court procedures for the state of: Oregon Some background: We have a small claims case against our former landlord, who we claim did not provide accounting for our security deposit and prepaid rent, nor returned the balances, within the 31 days provided by statute. We believe we have a strong case to support our claim. We attempted to first negotiate, and then filed the claim. The landlord was properly served. The landlord failed to respond to the service. We filed a mot...
Tags: Law, Oregon, Civil Procedure, Circuit Court, ORCP

Adverse Possession: Legal Theory Question - Abandonded Property

[All states] Legal theory question: EXAMPLE CASE #1: * At 12 noon, John parks his car in a 2-hour parking zone. * At 1PM John sells his car to Mary. Mary left the car in the same parking space and did not move it. * At 2:30PM, the car got a parking ticket. * QUESTION: Should the car be excused from the parking ticket since John sold the car to Mary half way through the 2-hour period, and Mary didn't get the benefit of a full 2 hours? ACTUAL CASE #2: * In the year 2000, John bought a ho...
Tags: Law, John, Real Estate Ownership And Title, Tom, Mary, Mary Mary

2H 2018 Quick Links, Part 3 (Keyword Advertising)

* St. George Executive Shuttle LLC v. Western Trails Charter & Tours LLC, 2018 WL 3350348 (D. Utah July 9, 2018). This is a competitive keyword advertising lawsuit involving the purported trademark “St. George Shuttle” (St. George is a city in Utah). The court denies the defendant’s motion to dismiss as premature. What are the odds the court will void the plaintiff’s “trademark” before this lawsuit is over? * LegalForce RAPC Worldwide v. Swyers,  3:17-cv-07318-MMC (ND Cal. July 17, 2018). Plain...
Tags: Google, Amazon, Utah, Law, Congress, Marketing, Search Engines, DMV, Bing, Trademark, George, Fla, Amazon com Inc, Multi Time Machine, Lasoff, St George Executive Shuttle LLC

This week at the court

The Supreme Court will release additional orders from the January 4 conference on Monday at 9:30 a.m. There is a possibility of opinions on Tuesday at 10 a.m. On Monday, the justices hear oral argument in Merck Sharp & Dohme Corp. v. Albrecht and Obduskey v. McCarthy & Holthus LLP. On Tuesday, the justices hear oral argument in Herrera v. Wyoming and Fourth Estate Public Benefit Corp. v. On Wednesday, the justices hear oral argument in Franchise Tax Board of California v. Hyatt....
Tags: Supreme Court, Law, Wyoming, Hyatt, Albrecht, Herrera, This Week at the Court, Franchise Tax Board of California, Merck Sharp Dohme Corp, Fourth Estate Public Benefit Corp, Obduskey, McCarthy Holthus LLP

Live in Hope, die in Caergwrle | Brief letters

Elderly magistracy | Hottest destinations | Seaborne Freight | Blue badges | CaergwrleI was a magistrate who had to retire on turning 70, and it is entirely right that I had to do so. A recruitment crisis may justify temporarily lifting this ban; but the principle that the bench should as nearly as possible reflect society at large is important. Defendants may have made unwise choices, but they should all feel that those judging them do understand their circumstances in life. Having an increasin...
Tags: Law, Wales, Climate Change, Environment, Society, UK News, Disability, Peter, Caergwrle, Peter BragginsFrittenden Kent

Citation and Warrant/Arrest for Same Offence

My question involves a traffic ticket from the state of: NC. A family member was involved in a minor traffic accident (struck another vehicle in the rear). The officer that responded to the accident wrote four citations, with a late February court date, for said FM; failure to reduce speed, causing an accident, too fast for conditions, no corrective lenses, and reckless driving. The officer said the reckless driving charge was from earlier that night; supposedly witnessed FM 30 mins earlier driv...
Tags: Law, Moving Violations, Parking And Traffic Tickets

Department of creative arguments

“A Knoxville woman was convicted of drunk driving after a jury disagreed with her claim that several parked cars struck her, instead of the other way around.” [WATE via Kevin Underhill, Lowering the Bar] Tags: blue-ribbon excuses, DUI
Tags: Law, Uncategorized, Dui, Knoxville, Kevin Underhill, Blue-ribbon Excuses

Protective Services: CPS Investigation

My ex has majority time sharing of my son. Over the holidays my ex needed an ambulance. The paramedics called CPS bc of the living conditions of the house. Do I have to return my son with this open investigation?
Tags: Law, Abuse and Neglect, Cps, CPS Investigation

Innocence Project Math 101: Why it's certain eyewitnesses are still sending innocent people to prison in Texas

Our friends at the prosecutor association want to pretend Texas has solved its problem with eyewitnesses falsely identifying innocent suspects after Texas passed non-binding guidelines for police lineups in 2011. Shannon Edmonds last night was crowing on Twitter that the last exoneration based a false ID in Texas was in 2010, and the state had solved the problem in 2011.This is such a disingenuous claim I thought I'd dissect it without the 140 character limitations.Texas hasn't seen more eyewitn...
Tags: Texas, Law, New York Times, The Times, Dallas, Houston, Times, Legislature, Shannon, Gritsforbreakfast, TDCAA, 14th Court of Appeals, Shannon Edmonds

WaPo's embarrassing indulgence in hyperbole describing the attendance at Democratic candidates rallies.

For years we've seen gigantic crowds at Trump rallies downplayed in the mainstream press, and that's the baseline against which I judge "Iowa Democrats fill events to the rafters with 13 months left before the 2020 caucuses."Even before reading the article, I'm thinking: 1. So everybody got into the room (no overflow room, no people left outside in the parking lot), 2. What size was the room (unless it was a big arena, what's the big deal about filling a room)? 3. Filling "to the rafters" is a m...
Tags: Law, Journalism, Iowa, Trump, Boone County, Sen Bernie Sanders, Des Moines, Iowa City, WaPo, Leonard, Cory Booker, Council Bluffs, Ankeny, Hyperbole, Ann Althouse, 2020 Elections

"I did not vote for Trump and have concerns about his behavior and policies, but I will not stand-up idly and condone what appears to be an effort to conduct a coup..."

"... and unseat a duly elected President. How so? I read and hear all the rhetoric about his misdeeds, but where is the meat? That he obviously lies. So? I recently read a study in which it was concluded that ALL presidents have lied to the public and knowingly did so. That Trump is more blatant in his lies and lies more often does not make him worse (or in need of impeachment) than his predecessors. Surely, you remember G.W. Bush and his justifications for invading Iraq and then blaming ...
Tags: Law, Iraq, Trump, Donald J Trump, G W Bush, David Leonhardt, Ann Althouse, Impeachment, Trump derangement syndrome

A mysterious Facebook phenomenon — some people get a left-handed thumb's-up emoji and others get a right-handed thumb's-up emoji.

Observed and commented on in a Facebook thread (started by my son John) about the likelihood of Presidents to be left-handed:What's going on at Facebook? Perhaps it's just an innocuous device to get people talking or to test if anyone notices, but I think it's very strange to have 2 different ways of displaying the most important emoji (the one used to signify a "like") and to have a right/left distinction (which is so meaningful in political analysis). I feel actively lured in conspiracy thinki...
Tags: Facebook, Law, John, Conspiracies, Emojis, Jaltcoh, Ann Althouse

Brain scans show social exclusion creates jihadists, say researchers

International studies of young Muslim men show that radicalisation follows a sense of isolation from societyFor years western policymakers have tried to establish what causes individuals to be radicalised. Now a pioneering study has used medical science to gain fresh insight into the process – in the brains of potential jihadists.University College London (UCL) researchers were part of an international team that used neuroimaging techniques to map how the brains of radicalised individuals respon...
Tags: Islamic State, Neuroscience, Society, UK News, UK security and counter-terrorism, University College London UCL

The money, job, marriage myth: are you happy yet?

The ‘success’ narrative is at the heart of our idea of wellbeing, but the evidence tells a different tale, argues behavioural scientist Paul Dolan in this extract from his new bookThere are countless stories about how we ought to live our lives. We are expected to be ambitious; to want to be wealthy, successful and well educated; to get married, be monogamous and have kids. These social narratives can make our lives easier, by providing guidelines for behaviour, and they might sometimes make us ...
Tags: Health, Books, Society, UK News, Culture, Health & wellbeing, Paul Dolan, Hay, Happiness indices, Wellbeing At Work

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