Five random thoughts and a minor boast

Apropos of nothing, here are five random thoughts and a minor boast.1. Say what you will about the "defund" message, but there's more activity going on around the state regarding police reform, not to mention more bills filed on the topic at the Texas Legislature, than at any time this century. None of it would be happening if it weren't for the protests this summer. It's easy to forget that this time two years ago, the reform movement was more or less dead in the water.2. On top of COVID and ev...
Tags: Texas, Law, New York City, Karen, Gop, Willie Nelson, Texas Rangers, Houston Chronicle, Nieman Labs, Brown County, Austin Chronicle, Texas Legislature, DALHART, Shaver, Gritsforbreakfast, Texas Observer

At the Snow Forest Café...

... you can talk about whatever you want. [Author: [email protected] (Ann Althouse)]
Tags: Photography, Law, Trees, Snow, Ann Althouse, Snow Forest Café

Dispatch 54: Gary Miller Drove from Texas to D.C. to rip down this sign

15 December 2020Washington, D.C. An unedited Yon-Genre mind dump: Situation: I made this video Saturday, 12 December 2020. Or, possibly it was after midnight and early morning 13 December. Gary Miller drove all the way from Texas to D.C. to use a fishing rod to cast a line over the Black Lives Matter gang-propaganda, and to hoist a rope to rip it down. There were multiple rallies starting on Saturday morning in Washington, D.C. I was there. The President flew over by helicopter. I ...
Tags: Florida, Texas, Featured, California, Washington, China, New York City, America, San Francisco, Atlanta, Paypal, Canada, Atlantic, Military, United States, Taliban

No, You Can’t Wear Pajamas To Appear In Front Of A Judge, Even If It’s Over Zoom –See Also

Biglaw Bonus News: The happy (Akin Gump) and the sad (Sheppard Mullin). You Wouldn't Show Up To Court In Pajamas: So don't appear over Zoom in sleep attire. There's Still Time: To buy a holiday gift for the lawyer in your life. Who Is The 2020 Lawyer Of The Year: We're taking nominations now! Which Law Firm Had The Best Holiday Card? Vote here.
Tags: Law, See Also

"Slightly salty deep bite."

It's a podcast — about the Person of the Year, calling Jill “Dr.”, the deep and the shallow, who cares that Elvis died, writing to annoy, and "Earthlings." Listen here (or go wherever you go for podcasts and subscribe!):   [Author: [email protected] (Ann Althouse)]
Tags: Podcast, Law, Elvis, Jill, Ann Althouse

"I think 27 years of superb reporting and commitment to The New Yorker should have been weighed against an incident that horribly embarrassed the magazine but mostly embarrassed himself."

Said Tina Brown, the former editor of The New Yorker, quoted in "The Undoing of Jeffrey Toobin How a leading man of legal journalism lost his sweetest gig" (NYT).  Malcolm Gladwell, an important New Yorker writer, said: "I read the Condé Nast news release, and I was puzzled because I couldn’t find any intellectual justification for what they were doing. They just assumed he had done something terrible, but never told us what the terrible thing was. And my only feeling — the only way I could ex...
Tags: Supreme Court, Law, Pregnancy, Cnn, Reading, Bible, Conde Nast, Masturbation, Rembrandt, Sexual Harassment, New Yorker, Malcolm Gladwell, The New Yorker, Genesis, Jeffrey Toobin, Toobin

Mexico: new security law strips diplomatic immunity from DEA agents

Law also requires foreign officials in the country to share any intelligence they have obtained with Mexican officialsMexico’s congress has approved a new national security law restricting the activities of foreign law enforcement officers, in a move which critics say will endanger intelligence sources and threaten the future of international anti-narcotics operations.The law passed on Tuesday strips foreign agents of diplomatic immunity and requires foreign officials in the country to share any...
Tags: Law, Mexico, Americas, World news, DEA

How The IP Dealmakers Are Dealing — 2020 (Part II)

The ultimate success of a conference, however, is whether it delivers on the content front.
Tags: Law, Intellectual Property, Litigators, Gaston Kroub, IP Dealmakers

Splashin’ Round The Swamp With Mick Mulvaney Will Be Expensive

As when he was a congressman, there’s a pretty high minimum investment requirement.
Tags: Law, Finance, Mick Mulvaney

Dr. Biden And That Op-Ed

Funny how the 'Dr.' thing and the 'hierarchy' thing are related.
Tags: Law, Ed, Biden, Law Schools, Jill Biden, Law Professors, LawProfBlawg

Christmas plans in the balance as UK leaders rethink Covid rules

Limit on gatherings to two households among options being discussed as infections surgeCoronavirus – latest updatesSee all our coronavirus coverageChristmas plans for millions of families were in the balance last night as ministers and devolved leaders held talks on curtailing freedoms over the festive period amid warnings that the NHS would be overwhelmed.At a crisis meeting with Michael Gove, leaders discussed cutting the number of days families can meet from five to three; reducing the number...
Tags: Health, Politics, UK, England, Wales, Scotland, Society, UK News, Infectious Diseases, NHS, Northern Ireland, Michael Gove, Coronavirus

Justices revive religious groups’ attempts to block COVID-related restrictions in Colorado, New Jersey

The Supreme Court on Tuesday tossed out a pair of lower-court rulings that had permitted states to enforce COVID-related restrictions at worship services. The two brief orders from the justices instruct the lower courts to take another look at religious groups’ challenges to restrictions in Colorado and New Jersey – and this time, the justices indicated, the lower courts should decide the challenges in light of the Supreme Court’s Nov. 25 ruling that lifted New York’s COVID-related limits on att...
Tags: New York, Featured, Supreme Court, Law, Colorado, Court, New Jersey, Sonia Sotomayor, Howe, Roman Catholic, Stephen Breyer, Elena Kagan, Kagan, Lakewood New Jersey, Jared Polis, Colorado New Jersey

Christmas plans in the balance as UK leaders re-examine Covid rules

Limit on gatherings to two households among options being discussed as infections surgeCoronavirus – latest updatesSee all our coronavirus coverageChristmas plans for millions of families were in the balance last night as ministers and devolved leaders held talks on curtailing freedoms over the festive period amid warnings that the NHS would be overwhelmed.A UK government source said it was possible the four nations may diverge after no agreement was reached at a crisis meeting with devolved adm...
Tags: Health, Politics, UK, England, Wales, Scotland, Society, UK News, Infectious Diseases, NHS, Northern Ireland, Michael Gove, Coronavirus

Some pending en banc petitions before the Federal Circuit

In re Apple (level deference given on mandamus review of discretionary transfer decisions). [Uniloc Brief][Crouch’s prior post] Valeant Pharmaceuticals North America LLC v. Mylan Pharmaceuticals, Inc. (Proper venue for ANDA filing — what counts as having “has committed acts of infringement”). [ValeantANDAVenue][Crouch’s prior post] C R Bard Inc. v. AngioDynamics, Inc. (printed matter and eligibility). [BardPrintedMatter][Crouch’s prior post] EcoServices, LLC v. Certified Aviation Services, LLC  ...
Tags: Law, Patent, Federal Circuit, C R Bard Inc, Crouch, Teva Pharmaceuticals USA Inc, AngioDynamics Inc, ANDA, Mylan Pharmaceuticals Inc, GlaxoSmithKline LLC, Valeant Pharmaceuticals North America LLC, EcoServices LLC, Certified Aviation Services LLC, Prior Post

New Technology Without Adoption Is Worse Than Doing Nothing [Sponsored]

Despite the never-ending promise of how software will help transform your legal practice, most attempts at legal modernization still fall short in practice. By realigning your strategy along with the implementation of new software, you can get not only a return on investment, but real change.
Tags: Technology, Law, Sponsored Content, Matter365

Reviewing CJUTF Recommendations: how might the Biden Administration seek to abolish the death penalty?

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, called the CJUTF hereinafter).  A few weeks ago, 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.  In the wake of two more notable federal executions last week (noted here and here), this post wil...
Tags: Fcc, Law, Congress, Massachusetts, Joe Biden, Cnn, United States, House, Boston Marathon, Department Of Justice, Biden, Donald Trump, Justice Department, Kamala Harris, Pressley, Charleston Church

ATL Holiday Card Contest: The Finalists! (2020)

Which of these law firm holiday cards is the best of 2020? Cast your vote!
Tags: Law, Contests, Biglaw, Small Law Firms, Midsize Firms / Regional Firms, Reader Polls, Holidays and Seasons, Holiday Card Contest

"Defund the crime beat"

The title of this post is the title of this potent posting authored by Tauhid Chappell and Mike Rispoli at the NeimanLab site.  Here is how it starts (with links from the original): Let’s be honest: Crime coverage is terrible. It’s racist, classist, fear-based clickbait masking as journalism.  It creates lasting harm for the communities that newsrooms are supposed to serve.  And because it so rarely meets the public’s needs, it’s almost never newsworthy, despite what Grizzled Gary in his coffee...
Tags: Law, Douglas A Berman, Tauhid Chappell, Mike Rispoli, Grizzled Gary

What’s It Like To Argue Before The Supreme Court — For The 30th Time?

Paul Weiss partner Kannon Shanmugam, a veteran high-court advocate, discusses arguing telephonically before SCOTUS in the midst of the pandemic.
Tags: Supreme Court, Law, Scotus, Courts, Biglaw, Litigation, Litigators, Paul Weiss, Pandemic, Appellate Advocacy, Paul Weiss Rifkind Wharton & Garrison, Brad Karp, Kannon Shanmugam, COVID-19

A reminder of how the Bill of Rights is mostly about limiting and regulating the police power on Bill of Rights Day

December 15, 1791, is the day when the new United States of America ratified the Bill of Rights, the first ten amendments to the U.S. Constitution, and so today is called Bill of Rights Day.  The National Constitution Center has this webpage honoring the day, though US Courts website rightly declares here that "Bill of Rights Day is Every Day."  Though I do not want to diminish or deprive civil lawyers from celebrating this day, I cannot miss the chance to reiterate a about the criminal justic...
Tags: Law, Bill Of Rights, United States of America, Douglas A Berman, US Courts

Am Law 50 Firm Will Pay Bonuses Up To $25K Above Market For ‘Extraordinary’ Performance

And that's on top of their regular year-end bonuses and special bonuses!
Tags: Money, Law, Bonuses, Biglaw, Akin Gump, Associate Bonus Watch 2020

Injury-in-Fact and Standing to Appeal from the AIA-Trial Decisions

New petition for writ of certiorari in an interesting Hatch-Waxman and the question of Article III standing in appeals of AIA-Trial Decisions. Argentum Pharmaceuticals LLC v. Novartis Pharmaceuticals Corporation (Supreme Court 2020) Introducing generic alternatives that compete with previously approved drugs requires market approval through the Food and Drug Administration (“FDA”). To do so, competitors submit an Abbreviated New Drug Application (“ANDA”) that relies on the safety and efficacy...
Tags: Law, Congress, Food And Drug Administration, Fda, AIA, Patent, PTO, Hatch Waxman, Federal Circuit, Petitioner, Respondent, ANDA, Leahy Smith America, Leahy Smith, AIA Trial Decisions Argentum Pharmaceuticals LLC, Novartis Pharmaceuticals Corporation Supreme Court

A Rare Case of a Judge Relying on the Initial Interest Confusion Doctrine (Boo)–Nike v. Warren Lotas

This case involves Warren Lotas sneakers that claimed to reinterpret one of Nike’s allegedly iconic sneaker stylings. The Fashion Law summarized the case, including this depiction: The sneaker similarities are obvious, which isn’t surprising because Warren Lotas styled its product as a “reinterpretation” of the original. The face-like design added to the swoosh is the primary and most visible difference, but there are numerous other minor differences throughout each design that I’m sure true a...
Tags: Law, Court, Marketing, Nike, Brookfield, Trademark, Ninth Circuit, Nike Inc, Westlaw, Warren Lotas, Initial Interest Confusion Doctrine Boo, Ninth Circuit in Brookfield Commc ns Inc, WL Pigeon, Warren WL Pigeon, WL Broccolini, Nike Swoosh

Covid rules for UK Christmas under review as coronavirus cases surge

Limiting gatherings to two households among options being discussed after stark warnings about risk to NHSCoronavirus – latest updatesSee all our coronavirus coverageChristmas is in the balance, it emerged on Tuesday, with a review due to take place on the rules allowing families to meet – though no final decision is expected until later in the week.The news follows a call between ministers from the constituent parts of the UK. Continue reading...
Tags: Health, Politics, UK, England, Wales, Scotland, Society, UK News, Infectious Diseases, NHS, Northern Ireland, Coronavirus

Adducing Sensitive Evidence and Writing Decisions: Where Do We Draw the Line?

In my November 17th Slaw post “Making the Hard Decisions: Ethical Lawyering”, I discussed Dean Embry’s refusal to make certain arguments and call certain evidence and witnesses in his representation of James Sears, editor of Your Ward News (YWN), a community newspaper. Sears was convicted of spreading hate and, despite his accepting these views about what might be successful in his defence, a ground of his appeal was that Embry was incompetent because of his (Embry’s) failure to argue the truth ...
Tags: Law, Court, Miscellaneous, Court of appeal, Sears, Canada Post, Cbc, Supreme Court of Canada, Barton, R, Embry, Bernardo, Dowling, Blouin, Case Comment, Gladue

How 2020 Upended Commercial Contracts And What May Lie Ahead [Sponsored]

Join us this Friday at 1 p.m. ET to hear from in-house counsel at high-growth, technology companies.
Tags: Law, Webinars, Sponsored Content, In-House Counsel, LawTrades

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