"The Roles of Judges in Democracies: A Realistic View": the podcast...

...with Professor Brian Frye (Kentucky), regarding this article. My thanks to Professor Frye for inviting me to discuss it! [Author: Brian Leiter]
Tags: Law, Frye, Brian Leiter, Brian Frye Kentucky

Debating the Definition of Disability

Over 500,000 individuals and their qualifying family members received the Ontario Disability Support Program (ODSP), prior to the pandemic. Our social supports system will be even more important in the economic recovery following the pandemic. ODSP is a last resort income support paid to individuals who are disabled, as defined in s. 4(1) the of the Ontario Disability Support Program Act, 1997, (a) the person has a substantial physical or mental impairment that is continuous or recurrent and...
Tags: Law, Court, Canada, Court of appeal, Ontario, World Health Organization WHO, Crane, Moorhead, Mustapha, Vanek, Justice Issues, Substantive Law: Legislation, WHO Health, Saadati, Culligan of Canada Ltd, ODSP

"First, there is a monolith, then there is no monolith."

  It's a podcast.  Topics: "A Zen mountain, the 'vanishing' monolith, Trump’s wall likened to a Christo project, the fiction of ‘The Crown,’ David Brooks’s notion of the 'rotting' GOP mind, lax grooming in COVID times, learning from hermits in COVID times, and the memory of smells." [Author: [email protected] (Ann Althouse)]
Tags: Podcast, David Brooks, Law, Gop, Trump, Ann Althouse

Reviewing CJUTF Recommendations: will the Biden Administration go all in with progressive prosecutors?

Right after the election, I blogged a bit (here and here) about some criminal justice reform recommendations from the Biden-Sanders Unity Task Force (available here pp. 56-62).  And last week, as explained here, I decided to start a series of posts to spotlight and amplify some recommendations from the CJUTF that ought to be of particular interest to sentencing fans.  This post will focus on prosecutors, and  begin by noting this recent Hill commentary by Miriam Krinsky headlined "Biden can rebu...
Tags: Law, Congress, Biden, Doj, U S Department of Justice, Hill, US Department of Justice, AG, Douglas A Berman, Trump Administration, Miriam Krinsky, Biden Administration, Obama Biden Administration, Biden Sanders Unity Task Force, AG DAG

"The Legality of Presidential Self-Pardons"

The title of this post is the title of this timely new article authored by Paul J. Larkin, Jr. now available via SSRN. Here is its abstract: The traditional understanding of the Article II Pardon Clause is that the President may grant clemency to anyone who has committed a federal offense.  Yet, a question exists whether that “anyone” includes the President.  The issue has arisen on three occasions: in the 1970s, when President Richard Nixon was under investigation for his involvement in crimes...
Tags: Douglas A. Berman

Feeling Thankful at Thanksgiving?

As of Friday, 2,900 people had died of COVID-19 in Colorado. 210,000 Coloradans were diagnosed with the disease. 81% of Colorado's ICU beds were in use as were 50% of the state's adult critical care ventilators. As of Saturday, 1 in every... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
Tags: Law, Colorado

EPA Releases Draft National Recycling Strategy

The U.S. Environmental Protection Agency has released a draft National Recycling Strategy and is seeking public comment through December 4, 2020, with the goal of finalizing it in early 2021. Maybe not since Plato wrote about the value of reusing waste in the fourth century BC has recycling faced the challenges that we are seeing right now. The draft National Recycling Strategy is released against a backdrop where our current recycling, largely based on notions from the 1960s, no longer makes ec...
Tags: Law, Wheeler, Recycle, Recycling, Epa, Federal, U S Environmental Protection Agency, Plato, Baltimore City, Stuart Kaplow, LEED, Green Globes, IgCC, Green Building Law, Kaplow, GBCI

This week at the court

On Monday, the justices will hear oral argument in Trump v. New York and Van Buren v. United States. On Tuesday, the justices will hear oral argument in Nestlé USA v. Doe I and CIC Services v. Internal Revenue Service. On Wednesday, the justices will hear oral argument in Edwards v. Vannoy. On Friday, the justices will hold their December 4 conference. The post This week at the court appeared first on SCOTUSblog.
Tags: New York, Law, United States, DOE, Trump, Edwards, Internal Revenue Service, Van Buren, Vannoy, Nestle USA, This Week at the Court, CIC Services

"Legs have bristled beneath the embrace of thermal leggings. Chins have sprouted solitary hairs, like lone flags atop the summit of Everest..."

"... fluttering proudly in the wind. It was not a strike, per se, but a nationwide grooming hiatus.... Practical  reasons alone cannot explain why so many women have opted to grow out their hair colour, or rewild their eyebrows. 'The pandemic has uprooted all of our ways of being in the world,' says Jaclyn Wong of the University of South Carolina, an expert in gender and attractiveness. 'The fact that women aren’t doing this beauty work is exciting to me, because it represents a disruption of ho...
Tags: London, Law, Everest, Shaving, Femininity, University of South Carolina, Ann Althouse, Coronavirus, Jaclyn Wong, Georgia Collier

"A Donald Trump supporter who donated $2.5m to help expose and prosecute claims of fraud in the presidential election wants his money back after what he says are 'disappointing results.'"

"Fredric Eshelman, a businessman from North Carolina, said he gave the money to True the Vote, a pro-Trump 'election ethics' group in Texas that promised to file lawsuits in seven swing states as part of its push to 'investigate, litigate, and expose suspected illegal balloting and fraud in the 2020 general election.' But according to a lawsuit Eshelman filed this week in Houston.... True the Vote dropped its legal actions and discontinued its Validate the Vote 2020 campaign, then refused to ret...
Tags: Texas, Voting, Law, Houston, North Carolina, Donald Trump, Trump, Ann Althouse, Trump 2020, Eshelman, Fredric Eshelman

At the Sunrise Café...

  ... you can talk about whatever you want.  The photo above is today's sunrise, taken at 7:13. I never got around to showing you yesterday's sunrise, so let me put that here too, because I have a certain feeling about completeness and want to document all the sunrises that meet me at my sunrise run. This was also done at 7:13:   And please think of supporting this blog by doing your shopping through the Althouse portal to Amazon, which is always right there in the sidebar. Thanks...
Tags: Amazon, Photography, Law, Sunrise, Lake Mendota, Ann Althouse, Althouse

Case preview: Justices to consider breadth of federal computer fraud statute

Van Buren v. United States gives the Supreme Court its first chance ever to interpret the Computer Fraud and Abuse Act, a federal statute that imposes civil and criminal liability for unauthorized access of computers. The case, which will be argued on Monday, presents a central question about the statute that has deeply divided lower courts: how the statute applies when an individual is authorized to obtain information from a computer for some purposes but not others. Nathan Van Buren was a poli...
Tags: Featured, Supreme Court, Law, Congress, Georgia, Fbi, United States, Van Buren, U S Court of Appeals, 11th Circuit, CFAA, Merits Cases, Nathan Van Buren

"They can live anywhere, but tend to reside in modest dwellings and avoid moving around unnecessarily. Nevertheless, a hermit..."

"... should also not be confused with a recluse. The difference... is that hermits do not exit society because of misanthropy. 'I would define a hermit or a person who chooses solitude as one who chooses solitude for spiritual reasons... and we do accent the spiritual, but it can be any form of spiritual.'... The Fredettes began creating YouTube videos to help hermits and hermit-curious people deal with isolation.... [T]he Fredettes and other hermits believe that anyone could benefit from incorp...
Tags: Landscape, Law, Religion, West Virginia, Meditation, Petra, Solitude, Ann Althouse, Karen Karper Fredette

Nearly a third of English hospital trusts exceed first peak of Covid patients

Scientists warn that scrapping or relaxing tier system too quickly could imperil NHSCoronavirus – latest updatesSee all our coronavirus coverageNearly a third of England’s hospital trusts have exceeded their first wave peak of Covid patients undergoing treatment, as scientists warned that relaxing or scrapping the three-tier system too quickly could further hamper the NHS.Hospital trusts in south Somerset and Devon last week treated more than twice as many Covid patients as they did at the peak ...
Tags: Health, England, Society, UK News, Hospitals, NHS, Health policy, Devon, Somerset, Coronavirus, NHS hospital

"The multimillionaire former CEO of online shoe store Zappos died on Friday, nine days after he was dragged unconscious by firefighters from a blazing Connecticut house..."

"... in the middle of the night. Tony Hsieh, who was worth an estimated $840 million, had retired three months earlier from the billion-dollar business he helped found, and was just 46 years old. The alarm was raised at 3:30am on November 18 and firefighters forced their way into the New London home after being told someone was trapped inside.... He insisted on a $36,000 annual salary... and he sat in an unassuming cubicle among the other employees. When Zappos set up a new warehouse in Kentucky...
Tags: Death, Marriage, Money, Law, Kentucky, Animals, Happiness, Fire, Connecticut, The Daily Mail, Las Vegas, Marley, Zappos, Tiny Houses, Tony Hsieh, New London

"Why would the internet have corrupted Republicans so much more than Democrats, the global right more than the global left?"

"My analysis begins with a remarkable essay [by] Jonathan Rauch [who] pointed out that every society has an epistemic regime, a marketplace of ideas where people collectively hammer out what’s real. In democratic, nontheocratic societies, this regime is a decentralized ecosystem of academics, clergy members, teachers, journalists and others who disagree about a lot but agree on a shared system of rules for weighing evidence and building knowledge. This ecosystem, Rauch wrote, operates as a funne...
Tags: David Brooks, Law, Evidence, Conspiracies, The Web, Trump, Brooks, Rauch, Jonathan Rauch, Ann Althouse

Summaries Sunday: SOQUIJ

Every week we present the summary of a decision handed down by a Québec court provided to us by SOQUIJ and considered to be of interest to our readers throughout Canada. SOQUIJ is attached to the Québec Department of Justice and collects, analyzes, enriches, and disseminates legal information in Québec. RESPONSABILITÉ : La juge de première instance n’a pas commis une erreur manifeste et déterminante en estimant que les gendarmes n’avaient pas cherché, de façon objective, à déterminer l’existence...
Tags: Law, Canada, Quebec, Appel, GRC, Summaries Sunday, Manoukian, SOQUIJ, Québec Department of Justice, Marie Josée Hogue Date, Juges France Thibault Robert M Mainville

UK universities fine students £170,000 for Covid rule breaches

Exclusive: 28 institutions issued fines, with Nottingham University students alone hit for £58,865Universities fined students more than £170,000 for breaching coronavirus safety rules in the first weeks of the new academic year, a Guardian analysis has found, as students told of struggling to make friends without flouting restrictions.Twenty-eight institutions fined students for breaking university, local and national Covid rules, including on household mixing, mandatory face coverings and socia...
Tags: Health, UK, Students, Education, Society, UK News, Mental Health, Higher Education, Universities, Nottingham University, Coronavirus


The mysterious metal monolith that was found last week in the Utah desert has vanished.— The New York Times (@nytimes) November 29, 2020 I question whether the monolith has vanished. If you're with me in a room, then you leave and come back a week later, and I am not there, it would be a gross failure to follow Occam's Razor to say that I had "vanished." In all likelihood, I walked out, and I continue to exist. I've gone somewhere else. You just don't know where. The qu...
Tags: Art, Landscape, Utah, Movies, Law, Australia, New York Times, Antarctica, Harry, Herald, Don, Charlie, Occam, Ann Althouse, Seen And Unseen, Henry Sunderland

"President-elect Joseph R. Biden Jr. has said he hopes to halt construction of the border wall, but the outgoing administration is rushing to complete as much wall as possible..."

"... in its last weeks in power, dynamiting through some of the border’s most forbidding terrain. The breakneck pace at which construction is continuing all but assures that the wall, whatever Mr. Biden decides to do, is here to stay for the foreseeable future, establishing a contentious legacy for Mr. Trump in places that were crucial to his defeat. In southeastern Arizona, the continuing political divisiveness around the president’s signature construction project has pitted rancher against ra...
Tags: Landscape, Law, Animals, Arizona, Biden, Trump, Christo, San Pedro River, Ann Althouse, Joseph R Biden Jr, Trump's wall, Peloncillo Mountains, Diana Hadley, Guadalupe Canyon, Karen Hasselbach

Working in the NHS, it doesn't feel like any end to Covid is in sight

The news about a vaccine doesn’t feel real to stressed and exhausted hospital staff, says a consultantCoronavirus – latest updatesSee all our coronavirus coverageIt turns out that a pandemic really is a marathon, not a sprint to a finish line. I guess that was obvious really.It’s not all bad. We are no longer dealing with an unknown threat that we are having to discover as we go along. The disease is known, its presentation recognised, its complications understood. Continue reading...
Tags: Health, Society, UK News, NHS, Coronavirus

China hopes ‘vaccine diplomacy’ will restore its image and boost its influence

Trading allies such as Brazil are at the head of the queue for Beijing’s huge drug distribution programme Coronavirus – latest updatesSee all our coronavirus coverageThere was no VIP on board the plane from China that arrived in São Paulo airport earlier this month, but the state governor, João Doria, nonetheless led a high-level welcome delegation gathered on the tarmac.The masked dignitaries were there to mark the arrival of seven refrigerated containers of vaccines, posing for official photos...
Tags: Health, China, Americas, Society, World news, Beijing, Asia Pacific, Infectious Diseases, Brazil, Vaccines and immunisation, Sao Paulo, Doria, João Doria, Coronavirus

Long Covid: ‘Is this now me forever?’

Months after coming down with the virus, Eleanor Morgan is still struggling with ‘long Covid’. What is it and how can the burden be eased?Coronavirus – latest updatesSee all our coronavirus coverageOne night in early March, I had a fever that reminded me of being a child. My pyjama top stuck to me with sweat, my joints ached and, at some point, the walls looked like they were breathing. The next morning I started coughing and didn’t stop. It was pre-lockdown and, taking pity on me (I live alone ...
Tags: Health, Science, London, Biology, Society, World news, Medical Research, Infectious Diseases, NHS, Microbiology, Eleanor Morgan, Paddington Station, Coronavirus

It's only fake-believe: how to deal with a conspiracy theorist

As the pandemic has taken a grip, so have the misinformation spreaders. Here are five ways to spot the holes in their logicUnless you’ve been on a silent retreat for the past year, you will have almost certainly heard the rumours – that the pandemic is an elaborate hoax, or that the virus was created as a Chinese weapon, or that dangerous elites are trying to kill off the elderly and to establish a new world order, or that the symptoms are caused by 5G.It is troubling enough to see these ideas o...
Tags: Science, Social Media, Society, World news, Infectious Diseases, Bill Gates, Vaccines and immunisation, 5g, Coronavirus

Life after Covid: will our world ever be the same?

From cities, to science, to politics, six Observer writers assess how a post-pandemic world will emerge into a new normalCoronavirus – latest updatesSee all our coronavirus coverageHere are some things that the pandemic changed. It accustomed some people – those whose jobs allowed it – to remote working. It highlighted the importance of adequate living space and access to the outdoors. It renewed, through their absence, an appreciation of social contact and large gatherings. It showed up mass da...
Tags: Health, Politics, Science, Society, UK News, Work & careers, Cities, Culture, Vaccines and immunisation, Ts Eliot, Coronavirus

London Bridge attack, one year on: ‘Jack's story jolted people – we have to keep that going'

Jack Merritt devoted his short working life to transforming the hopes of prisoners. On the anniversary of his death, family, friends and ex-offenders talk about continuing his legacyDave and Anne Merritt weren’t sure how to mark today’s anniversary of the murder of their beloved son Jack. Milestone days are always the hardest. Unlike the day that would have been his 26th birthday, at the beginning of October, when they and their younger son Joe and Jack’s girlfriend, Leanne O’Brien, went for a l...
Tags: Instagram, Law, Society, UK News, Dave, UK criminal justice, Prisons and probation, Sentencing, Jack, London Bridge, Suffolk, Joe, Jack Merritt, London Bridge terror attack 2019, Anne Merritt, Jack Milestone

Coding the future: the tech kids solving life’s problems

They’re too young to vote or drive. But meet the children writing computer programs to track our health and wellbeing, choose a new school… and even how to cheat at online gamesI started getting interested in coding when I was about 11. I joined a local community lab where biologists and computer scientists come together and conduct experiments. I wanted to join the lab because my brother was really into biology and at the time I wanted to be exactly like him. I was too young to participate in t...
Tags: Technology, Children, Society

Urgent change needed to stem femicides, says new domestic abuse tsar

The commissioner for England and Wales attacks ‘postcode’ lottery on response to killing of womenThe first commissioner for domestic abuse for England and Wales, who will have significant powers once the domestic abuse bill becomes law early next year, has committed to working closely with the campaign to tackle femicide – the killing of women at the hands of men.At a virtual event last Thursday, attended by more than 600 people, Nicole Jacobs expressed her “sheer frustration” at the “postcode l...
Tags: England, Crime, Wales, Women, Society, UK News, Domestic Violence, Men, Nicole Jacobs

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