Ohio Hears Bar Discipline Matters

Two bar discipline matters are scheduled for (remote) oral argument before the Ohio Supreme Court. For tomorrow Toledo Bar Association v. Thomas A. Yoder, Case No. 2020-0228 Lucas County The Board of Professional Conduct suggests a Lucas County attorney receive... [Author: Legal Profession Prof]
Tags: Law, Thomas, Lucas County, Legal Profession Prof, Bar Discipline & Process, Ohio Supreme Court For, Toledo Bar Association, Lucas County The Board of Professional Conduct

When Words Fail, Listen to Others

Words normally come easy on this blog. Today I should be writing a simple post about a new Executive Order that will make it easier for people to file for unemployment claims if they believe their workplace is unsafe. But I can’t.  Not right now. There’s too much pain in the United States today.  And any words that I can offer beyond  “I hear you. I’m here for you. And I will fight hard for you.” seem trivial and forced. I have lived my life with a different experience. Yes, it’s been in the fac...
Tags: Law, America, Racism, United States, Ferguson, Michael Brown, Ferguson Missouri, Kim, Norwood, St Louis, Black Lives Matter, Jim Crow, Black, Professor, Austin Texas, St Louis County

Know your rights while demanding justice for George Floyd #BlackLivesMatter

Protests and violent attacks by police continue across the country today, in response to the apparent killing of George Floyd at the hands of Minneapolis police officers. The murders of David McAtee today and Tony McDade last week at the hands of law enforcement officers have further fueled Black Americans' grief and rage. The ACLU recently sent out a notice to activists “taking to the streets to express their pain, their outrage, and their demands for racial justice and an end to police vio...
Tags: Video, Technology, News, Justice, Law, Minneapolis, New York City, US news, Tech News, Aclu, Protests, Know Your Rights, Blacklivesmatter, Civil Liberties, Picks, David McAtee

At the Sunrise Café...

... you can talk 'til dawn. And because those are 2 views of a Type #6 sunrise, you may find you'd like to use the Althouse Portal to Amazon, an incredibly easy way to show appreciation for this blog.The photos were taken at 5:22 and 5:24, this morning — a day when the "actual" sunrise time was 5:20. The curfew was only off at 5 a.m., so the city was putting pressure on us sunrise runners. [Author: [email protected] (Ann Althouse)]
Tags: Amazon, Photography, Law, Sunrise, Lake Mendota, Ann Althouse

Opinion analysis: Supreme Court protects defined-benefit plan fiduciaries from lawsuits

In a 5-4 decision, the Supreme Court held in Thole v. U.S. Bank that participants and beneficiaries in defined-benefit plans do not have the legal right, known as standing, to assert fiduciary breach claims, at least in the absence of catastrophic plan and sponsor failure. James Thole and Sherry Smith, retirees from U.S. Bank, alleged that plan fiduciaries breached their duties of loyalty and care, which caused the plan to lose more than $748 million. After the district court held that Thole and...
Tags: Featured, Supreme Court, Law, Labor, Smith, Thomas, Sonia Sotomayor, Antonin Scalia, John Roberts, U S Bank, ERISA, U S Court of Appeals, Elena Kagan, Department of Labor, Sandra Day O'Connor, Gorsuch

Opinion analysis: Federal courts can review factual findings of a Convention Against Torture claim raised as a defense to crime-based removal

In a narrow, textualist decision, the Supreme Court today agreed with Nidal Khalid Nasrallah that a federal court of appeals has jurisdiction to review, albeit deferentially, the factual basis of the Board of Immigration Appeals’ denial of his claim that he qualifies for protection under the Convention Against Torture. Nasrallah sought the United States’ protection under CAT, which prohibits removal of a noncitizen to a country where the noncitizen likely would be tortured. An immigration judge ...
Tags: Featured, Supreme Court, Law, Congress, United States, Thomas, John Roberts, Alito, U S Court of Appeals, Nasrallah, Clarence Thomas, Samuel Alito, Kavanaugh, INS, 11th Circuit, United Nations Convention Against Torture

Latest Private COVID-19 Suit Targets Sorrento Therapeutics, Overall Case Total Grows [Sponsored]

The complaint alleges that Sorrento Therapeutics violated federal securities laws by making false claims about its development of an antibody product for COVID-19.
Tags: Law, Wolters Kluwer, Sponsored Content, Sorrento Therapeutics, COVID-19

Austerity Cuts May Have Some Explosive Results — See Also

A Different Post-Work Cocktail: Furloughed associate accused in Molotov Cocktail incident where no one was harmed. No Way To Avoid Juvenile Humor Here: Reed Smith austerity measures now longer, deeper. Or Maybe People Could Just Stop? Stanford the latest school to feature white professor using racial epithets... for education! New Philosophy Taking Shape: Boies Schiller is transitioning on comp.
Tags: Law, Stanford, Reed Smith, Boies Schiller, See Also

Rush Limbaugh talks about George Floyd — and white supremacy — with Charlamagne Tha God.

It's a bit stressful! To put it very briefly: Rush wanted to express solidarity with everyone who's outraged over the killing of George Floyd but he was never ever ever going to agree that America is a system of white supremacy. [Author: [email protected] (Ann Althouse)]
Tags: Law, America, Rush Limbaugh, Ann Althouse, Racial Politics, Charlamagne Tha God, George Floyd

Coronavirus Cures Terminally Ill Hedge Fund

Brevan Howard is all the way back, even without the Brevan.
Tags: Law, Finance, Brevan Howard

This Law School Is The Best By A Healthy Margin

If you want a career in Biglaw, that is.
Tags: Law, Law Schools, Biglaw, Trivia Question of the Day

This is new, not old: Dion sings "Song for Sam Cooke (Here in America)."

Notice the "quoting" of "Chain Gang" and the harmony sung by Paul Simon. Dion — who is 80 years old — says it's "an old song," but it's a new recording, part of a new album, "Blues with Friends" — which has also features Van Morrison, Bruce Springsteen, Billy Gibbons and Jeff Beck. And the liner notes were written by the Nobel laureate, Bob Dylan.About "Song for Sam Cooke":“At first, I just had the melody and the refrain ‘Here in America.’ A friend suggested I use an episode from my memoir about...
Tags: Law, America, Madison, South, Sam Cooke, Dion, Jeff Beck, Ann Althouse, Paul Simon Dion, Van Morrison Bruce Springsteen Billy Gibbons, Bob Dylan About Song, Runaround Sue

Idle Chatter: 3 Big Misconceptions About Section 230 Of The Communications Decency Act

Regardless of one’s political persuasion, most of us can agree that First Amendment expression is, indeed, a bedrock constitutional principle.
Tags: Twitter, Law, Intellectual Property, Donald Trump, Constitutional Law, Section 230, Tom Kulik

"The Times has reconstructed the death of George Floyd on May 25. Security footage, witness videos and official documents show how a series of actions by officers turned fatal."

Also: "Asphyxia Caused Floyd’s Death, Private Autopsy Finds" (NYT): "George Floyd died not just because of the knee lodged at his neck by a Minneapolis Police officer, but also because of the other officers who helped hold him down, a private autopsy found. Dr. Allecia M. Wilson of the University of Michigan and Dr. Michael Baden, a former New York City medical examiner, were hired by Mr. Floyd’s family to help determine his cause of death." [Author: [email protected] (Ann Althouse)]
Tags: Law, Minneapolis, Police, New York City, Times, University Of Michigan, Floyd, Ann Althouse, Michael Baden, George Floyd, Allecia M Wilson

‘When Will I Get My Trial?’ Being A Criminal Defense Attorney During COVID

My work right now is more psychology than law because there’s really not much I can do to advance cases without being able to start a trial.
Tags: Law, Courts, Trials, Toni Messina, Coronavirus, COVID-19

Blues Plans Sue CVS, Saying It Overcharged Them For Generic Drugs

They said CVS sold the drugs to consumers at a lower price using its cash discount program, while charging insurers a higher price.
Tags: Law, Cvs, Health Care / Medicine

Trump to the governors: "Most of you are weak. You have to arrest people. You have to dominate, if you don't dominate you're wasting your time."

"They're going to run over you, you're going to look like a bunch of jerks. You have to dominate.... You’ve got to arrest people, you have to track people, you have to put them in jail for 10 years and you’ll never see this stuff again. We’re doing it in Washington, D.C. We’re going to do something that people haven’t seen before."What's the "something that people haven’t seen before"?I tried some other news sources but I couldn't get an answer. I did find this response from Gretchen Whitmer, on...
Tags: New York, Crime, Minnesota, Supreme Court, Law, Obama, Washington, Protests, Philadelphia, Flags, Trump, Scalia, Tim Walz, Ann Althouse, Trump rhetoric, Federalism

"His mask keeps him on the job."

Just by chance, I ran across these cool propaganda posters from 1942 from the U.S. Public Health Service. The artist is H. Price. They just show idealized health habits (of interest to the government in WWII).So... rest easy!I copied part of another in my post about Trump's exhorting the state governors to dominate so they don't look like a "bunch of jerks." The one I put there showed the big man bowling. Trump had said that Minnesota Governor Tim Walz knocked the protesters down "like bowling p...
Tags: Health, Minnesota, Sleep, Law, Masks, Wwii, Propaganda, Posters, Trump, U S Public Health Service, Tim Walz, Ann Althouse

SCT: Copyrighting Labels and scope of 271(g)

Willowood, LLC v. Syngenta Crop Protection, LLC, Docket No. 19-1147 (Supreme Court 2020) Syngenta sued Willowood for both patent and copyright infringement associated with its generic fungicide compound.  Willowood won at the district court, but that holding was overturned on appeal. Now Willowood is bringing it to the Supreme Court. The copyright claim: Syngenta product “labels” have many pages of small-type that were registered with the US Copyright office.  Willowood apparently copied the lab...
Tags: Google, Supreme Court, Law, Congress, US, United States, Epa, Oracle, Syngenta, Patent, Fed, Federal Circuit, Akamai Technologies Inc, Limelight Networks Inc, Willowood, FIFRA

Kathryn DeBord, Chief Innovation Officer, Bryan Cave, on Innovation During A Pandemic

Last week, for my weekly Law Insights program on Litera TV today, I interviewed Kathryn DeBord, chief innovation officer at the law firm Bryan Cave Leighton Paisner. Our 30-minute interview covered a range of topics, including innovation at Bryan Cave and innovation in the midst of a pandemic. The recording of that interview is now available and you can watch it below. Coming up this week on the program, I’ll interview Daniel W. Linna Jr., who has a joint appointment at Northwestern Pritzker Sch...
Tags: Law, Uncategorized, Dan, Bryan Cave, Northwestern Pritzker School of Law, McCormick School of Engineering, Bryan Cave Leighton Paisner, Daniel W Linna Jr, Litera, Litera TV, Kathryn DeBord

New York BOLE Reaffirms Its Commitment To Screw Repeat Bar Exam Candidates

They are literally excluding the most marginalized groups of test-takers, and they aren’t telling us why. 
Tags: New York, Law, Law Schools, Law Students, Bar Exams, Kerriann Stout, NY BOLE

The NYT gives itself kudos for a menstrual milestone.

From the column about the today's crossword (spoiler alert):66A. This is the first time in the history of the New York Times Crossword that the entry MAXI has been clued to a ubiquitous feminine hygiene product. Kudos to the editors for that one."The clue is "_________ pads (hygiene product)." In my long NYT crossword experience, "MAXI" has always been the ubiquitous long skirt. What else is there? Father Maxi from "South Park"? [Author: [email protected] (Ann Althouse)]
Tags: Law, South Park, Puzzles, Nyt, Menstruation, Ann Althouse, New York Times Crossword

"A thread about how protesting during a pandemic was described when conservatives were doing it."

At Twitter — scroll down to see the collection of articles shaming anti-lockdown protesters for failing at social distancing. [Author: [email protected] (Ann Althouse)]
Tags: Law, Protests, Hypocrisy, Ann Althouse, Coronavirus

Chief Justice Upholds CA COVID Restrictions Because FFS Grocery Stores Aren’t Churches

Wegmans is a sacred space, but it's not actually a church!
Tags: Supreme Court, Law, Religion, Courts, First Amendment, John Roberts, Brett Kavanaugh

Justices will not review challenge to mandatory bar dues

This morning the Supreme Court issued orders from the justices’ private conference last Thursday. The justices did not add any new cases to their merits docket for the fall. They did not act on the group of cases challenging federal and state gun restrictions or the group of cases asking the justices to reconsider immunity for government officials (including police officers) accused of violating the constitutional rights of others. The justices declined to review a challenge to the constitutiona...
Tags: Featured, Supreme Court, Law, California, Wisconsin, Keller, Thomas, Howe, Abood, Detroit Board of Education, Dean, Clarence Thomas, Janus, State Bar, Adam Jarchow, Michael Dean

Court Rejects Another Lawsuit Alleging that Internet Companies Suppress Conservative Views–Freedom Watch v. Google

This is one of many “conservative” lawsuits claiming that Internet companies engage in bias and discrimination against them. Though they often blame Section 230 for this allegedly discriminatory behavior, this lawsuit fails without any reference to Section 230 at all. Anyone thinking that Section 230 reform will change the outcome in cases like this does not understand the law. * * * Freedom Watch claims that, due to content suppression of conservatives, its growth and revenues have plateaued o...
Tags: Google, Facebook, Twitter, Supreme Court, Law, Icann, Dc, Johnson, Platforms, Wilson, Trump, Jayne, Google Facebook, Google Inc, Quigley, Tulsi Gabbard

Opinion analysis: After a long wait, a unanimous court upholds Puerto Rico oversight board

In 2016, Congress passed the Puerto Rico Oversight, Management, and Economic Stability Act (PROMESA). The law created a seven-member board tasked with bringing financial stability back to the island. But when the board began proceedings in federal court to restructure Puerto Rico’s massive debt, a hedge fund that had invested in distressed Puerto Rico bonds and a local labor union went to court to challenge the method by which the board’s members had been appointed. They argued that under the Co...
Tags: Featured, Supreme Court, Law, Congress, Washington, Senate, Court, United States, District Of Columbia, Puerto Rico, Thomas, Sonia Sotomayor, Howe, Federal Election Commission, Sotomayor, Stephen Breyer

"Prosecutor-Driven 'Second Look' Policies Are Encouraging, But Not A Panacea"

The title of this post is the title of this new paper authored by Rory Fleming now available via SSRN.  Here is its abstract: This article explains how the dearth of executive clemency and parole has led to some prosecutors reducing terms of incarceration for particular defendants post-sentencing. California has passed the first law to encourage prosecutors to order “second look” hearings for prisoners they deem worthy.  Elsewhere, prosecutors have in rare circumstances renegotiated plea deals ...
Tags: Law, California, Department Of Justice, Douglas A Berman, Rory Fleming

Free download available for "360 Federal Crimes: elements and defenses"

Ed Hagen, who served as Assistant Director at the US Department of Justice Office of Legal Education, sent me this email: I thought that your readers would be interested to know that for the next three days, June 1-3, the Kindle version of 360 Federal Crimes - Elements and Defenses is a *free* download. 360 FEDERAL CRIMES is a 550-page field guide that covers the 360 most commonly charged federal crimes, including narcotics, firearms, immigration, money laundering, conspiracy, civil rights, rac...
Tags: Law, Douglas A Berman, Pinkerton, Ed Hagen, US Department of Justice Office of Legal Education

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