Harvard Law professor writes article about Japanese "comfort women"...

...which is generating quite a bit of controversy in South Korea as well as back home (see also). The article at issue is here (and... [Author: Brian Leiter]
Tags: South Korea, Law, Harvard Law, Brian Leiter

For Crying Out for a Remedy

Lawyers tend to get excited when the courts create a new tort, and for good reason. The judiciary is reluctant to instigate such reform to the common law absent compelling facts, and a strong societal need for them to do so. In Seneca College v. Bhadauria, the Court of Appeal found that a cause of action existed for the tort of discrimination, on the basis that the Ontario Human Rights Code, 18 I regard the preamble to the Code as evidencing what is now, and probably has been for some consid...
Tags: Law, Court, Toronto, Canada, Commission, Court of appeal, Rivers, Tribunal, Ontario, Ward, Legislature, Boucher, Aziz, RCMP, Supreme Court of Canada, Caplan

There are More than 40 Million People in Modern Slavery

A January 18, 2021 report by the UK Independent Anti Slavery Commissioner is both a wake-up call and a useful guide on preventing modern slavery and human trafficking. In the Western world there are low levels of awareness of the prevalence of modern slavery. Yet today there are more than 40 million people in modern slavery worldwide. Modern slavery exists in every industry, in every country in the world. It is no longer acceptable to look the other way. Ignorance is not a defense. If businesses...
Tags: UK, Law, Sustainability, Eu, United States, Slavery, Social Equity, ESG, Aristotle, Stuart Kaplow, Standard, Middle Kingdom, LEED, BRE, Environmental Social and Governance, Kaplow

At the Sunday Night Café...

 ... talk about anything you want.Including the Super Bowl. [Author: [email protected] (Ann Althouse)]
Tags: Law, Ann Althouse

Committee for Justice webinar on court packing

On Monday, Feb. 8, at 12 p.m. EST, the Committee for Justice will host a discussion on court packing, term limits and other proposals for Supreme Court reform that have garnered public interest after recent elections resulting in Democratic control of the House, the Senate... The post Committee for Justice webinar on court packing appeared first on SCOTUSblog.
Tags: Featured, Supreme Court, Law, Committee for Justice, House the Senate, Event Announcements

California Dreamin’: Cognitive Dissonance and the Tar Pits

07 February 2021Ontario, California Yon-Genre Mind-dump, sans edit This is not my first trip to California. I’ve been here many times, including going to school here twice, and having studied and moved in with a cult related to a cannibal cult I tracked down in India. The first school I attended in California was Defense Language Institute at the Presidio of San Francisco. Many people will say this is wrong, and that the Presidio was in Monterey. Main campus was Monterey while overflow f...
Tags: Japan, Featured, Yosemite, California, Steve Jobs, Iraq, India, Africa, George Harrison, America, Los Angeles, San Francisco, Fbi, Afghanistan, Military, Glendale

Vaccine strategy needs rethink after resistant variants emerge, say scientists

Goal should be protecting at-risk groups not herd immunity, say experts, after Oxford vaccine shown not to work fully against variantsCoronavirus – latest updatesSee all our coronavirus coverageLeading vaccine scientists are calling for a rethink of the goals of vaccination programmes, warning that herd immunity through vaccination is unlikely to be possible because of the emergence of variants like that in South Africa.The comments came as the University of Oxford and AstraZeneca acknowledged t...
Tags: Health, UK, Africa, Society, World news, South Africa, Oxford, Astrazeneca, Vaccines and immunisation, University of Oxford, Coronavirus, Oxford AZ

Legaltech Week 2021.02.05 – Legalweek Post-Mortem, Plus the Panelists’ Top Stories

This week saw the first virtual version of Legalweek, typically one of the largest legal tech and legal industry conferences. How well did the physical conference translate to the virtual world? Our panelists share their thoughts. (Listen to audio above or scroll down for video.) Stories this week (and the time when we discuss them) include: 4:07 – Legal Week(year). 15:20 – Collaboration between legal tech companies and law firms. 24:00 – Judicial ethics and Reality TV. 30:40 – Troutman’s hi...
Tags: Law, Uncategorized, ABA Journal, Victor Li, Bob Ambrogi, Legaltech News, Nicole Black, MyCase, Zach Warren, Joe Patrice, Troutman, Molly McDonough, Legaltech Week, Victoria Hudgins, Legalweek Post Mortem

What are the limits of free speech?

The free speech debate typically happens at either end of a spectrum — people believe they should be able to say whatever they want, or they believe that certain things (e.g. hate speech) should be censored. Who is right, and who gets to decide?While they acknowledge that speech is a powerful weapon that can cause infinite good and infinite harm, former ACLU president Nadine Strossen, sociologist Nicholas Christakis, author and skeptic Michael Shermer, and others agree that the principle should ...
Tags: Politics, Supreme Court, Law, Democracy, Nazis, United States, Aclu, Innovation, Debate, Free Speech, Nicholas Christakis, Nadine Strossen, Strossen, Michael Shermer, Floyd Abrams

17 Tips for Maintaining Your Hunting Gear

It pays to be always ready and this is true even for hunting. Even when you’re not successful in your hunting adventure, adequate preparation is always a confidence booster. One of the things you can do to prepare is to keep your hunting gear in good condition always. Here are some tips to help you clean, dry, and store your hunting gear. Guns and Ammo Hunting guns, like any equipment, needs routine care. Check out the following tips to care for your guns and ammo: Keep riflescopes dust-fre...
Tags: Outdoors, Jazz, Hunting, Hunting Gear

Trump's top lawyer asks to delay the impeachment trial if its not finished by the beginning of Sabbath

The US Capitol, as seen from the Russell Senate Office Building on Capitol Hill. AP Photo/Patrick Semansky Trump's top defense lawyer asked the Senate to suspend the impeachment trial during the Sabbath. In a letter to Senate leaders, David Schoen said he is a religious Jew who observes the Sabbath. The office for Senator Chuck Schumer said it "respects" the request and will "accommodate it."  Visit the Business section of Insider for more stories. One of Former President Trump's impeachme...
Tags: Politics, Law, Senate, US, Trends, Cnn, Judaism, New York Times, News UK, Mitch McConnell, Capitol Hill, Times, Trump, Schumer, Office Building, Chuck Schumer

Buffalo Attorney Sanctioned

An attorney's conditional admissions of misconduct has led to a six-month suspension and until further order from the New York Appellate Division for the Fourth Judicial Department. As to one client in December 2016, he began representing a client in... [Author: Legal Profession Prof]
Tags: New York, Law, Legal Profession Prof, Bar Discipline & Process

"Like Stalin’s regime during the Great Terror, the Party doesn’t fear heretics; it needs them, because its power is renewed by crushing them."

"Malcolm Muggeridge called this the 'continuous performance' of power: 'A government based on terrorism requires constantly to demonstrate its might and resolution.'"  From "The Ministry of Truth/The Biography of George Orwell's 1984." ADDED: I'm suddenly remembering the old line, "Conservatives are always looking for converts, whereas liberals are always looking for heretics." I've heard that discussed many times, usually with the assumption that conservatives have a better strategy, and l...
Tags: Law, George Orwell, Terrorism, Party, Stalin, Ministry of Truth, Malcolm Muggeridge, Ann Althouse, Left-wing Ideology, Ministry of Love


I'm reading in The New Yorker. Isaac Chotiner interviews the head of the San Francisco Board of Education, Gabriela López, whose evasive style of speech would be comical if it weren't so sad:The mayor of the city, London Breed, released a statement saying, “What I cannot understand is why the school board is advancing a plan of all these schools renamed by April when there isn’t a plan to have our kids back in the classroom by then.” What’s your response to that? I know that when it comes to s...
Tags: Education, Law, San Francisco, Names, Lopez, Ann Althouse, Isaac Chotiner, Gabriela Lopez, San Francisco Board of Education, London Breed, Coronavirus, Education And Race

Reviewing notable criminal justice reform developments in (red) Ohio

I have long talked up criminal justice developments in Ohio because the state has long been a considered a bellwether for national developments.  But thanks to gerrymandering of state legislative district and other recent developments, Ohio is perhaps now more properly viewed as a red state.  Stiil, the political reality that Ohio's General Assembly is now GOP-heavy arguably make recent progessive criminal justice reforms in the Buckeye state even more noteworthy.  This new local article, headli...
Tags: Law, Gop, Ohio, General Assembly, Greene County, Ohio Supreme Court, Diaz, Mike DeWine, Senate Bill, DeWine, Buckeye, House Bill, Ohio Parole Board, Shakyra Diaz, Douglas A Berman, Maureen O'Connor

Study shows Oxford Covid vaccine has less protection against South African variant

Researchers say vaccines’ focus must shift to protecting people from hospitalisation and deathCoronavirus – latest updatesSee all our coronavirus coverageThe Oxford/AstraZeneca vaccine will not stop people becoming ill if they contract the South African variant of Covid-19, researchers have confirmed, warning that vaccines’ focus needs to shift from population immunity to protecting individuals from hospitalisation and death.The small study in 2,000 people aged 31, who are less likely to become ...
Tags: Health, Politics, Science, Biology, Society, UK News, Medical Research, South Africa, Infectious Diseases, Microbiology, Vaccines and immunisation, Janssen, Novavax, Coronavirus

Study shows Oxford Covid jab has less protection against South African variant

Researchers say vaccines’ focus must shift to protecting people from hospitalisation and deathCoronavirus – latest updatesSee all our coronavirus coverageThe Oxford/AstraZeneca vaccine will not stop people becoming ill if they contract the South African variant of Covid-19, researchers have confirmed, warning that vaccines’ focus needs to shift from population immunity to protecting individuals from hospitalisation and death.The small study in 2,000 people aged 31, who are less likely to become ...
Tags: Health, Politics, Science, Biology, Society, UK News, Medical Research, South Africa, Infectious Diseases, Microbiology, Vaccines and immunisation, Janssen, Novavax, Coronavirus, Oxford Covid

Feels like -30°? Oh, I don't know...

... I was just out there at 4:30. Didn't even zip up my coat or put on a hat. It felt crisp and beautiful. I'd say I was out there for 4 minutes. I liked it! [Author: [email protected] (Ann Althouse)]
Tags: Law, Ann Althouse, Coldness

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. DROITS ET LIBERTÉS : Un homme noir a fait l’objet d’un traitement différencié et inhabituel de la part des policiers de la Ville de Gatineau alors qu’il a été interpellé, détenu, fouillé ainsi qu...
Tags: Law, Canada, Quebec, Elle, Summaries Sunday, SOQUIJ, Québec Department of Justice, Bruneau, Juge Magali Lewis, Marie Pepin, Décision La Commission, Ville de Gatineau, Nyembwe

Summaries Sunday: Supreme Advocacy

One Sunday each month we bring you a summary from Supreme Advocacy LLP of recent decisions at the Supreme Court of Canada. Supreme Advocacy LLP offers a weekly electronic newsletter, Supreme Advocacy Letter, to which you may subscribe. It’s a summary of all Appeals, Oral Judgments and Leaves to Appeal granted from January 1 – February 5, 2021 inclusive. Appeals Contracts: Duty to Exercise Contractual Discretion Wastech Services Ltd. v. Greater Vancouver Sewerage and Drainage District, 2019 B...
Tags: Justice, Law, Court, Roy, Court of appeal, Jordan, Alberta, Ontario, Brown, Ward, Richardson, Abella, Russell, Waterman, Cowan, Rowe

Are the anti-vaxxers rightwing?!

I'm wondering as I slog through a NYT article titled   I see "far-right activists," but they are tied to other issues — masks and lockdowns. But "some protesters have shifted their focus" — that implies that some of the far-right activists have shifted from protesting masks and lockdowns to protesting vaccines.  The article mentions the right but not the left: For months, far-right activists across the country have been rallying against mask-wearing rules, business lockdowns, curfews and ...
Tags: Facebook, Protest, Law, California, La, Senate, Sacramento, Los Angeles, Journalism, Atlanta, Beverly Hills, Nyt, Bad Science, Menstruation, Trump, Aaron

"We have to be very cautious in our celebration of these lawsuits, because the history of defamation is certainly one in which people in power try to slap down critics."

Said Yochai Benkler, "a professor at Harvard Law School who studies disinformation and radicalization in American politics," quoted in (NYT).  “The competitive dynamic in the right-wing outrage industry has forced them all over the rails,” Mr. Benkler said. “This is the first set of lawsuits that’s actually going to force them to internalize the cost of the damages they’re inflicting on democracy.”  Mr. Benkler called the Smartmatic suit “a useful corrective” — “it’s a tap on the brakes” —...
Tags: New York, Voting, Law, Australia, Wikipedia, Free Speech, Defamation, Harvard Law School, Yochai Benkler, Ann Althouse, Litigiousness, Smartmatic, Garbus, Martin Garbus, Benkler

Covid vaccine booster may be needed as variants emerge, says minister

Nadhim Zahawi suggests annual vaccines or autumn booster could help keep on top of mutating virusCoronavirus – latest updatesSee all our coronavirus coverageThe vaccines minister, Nadhim Zahawi, has said people may need a Covid booster jab in autumn as more variants of the virus emerge, although the government is still confident current vaccines will prevent severe symptoms.His comments came following the release of a study showing the Oxford/AstraZeneca jab has reduced efficacy against the Sout...
Tags: Health, Politics, Science, Biology, Society, UK News, Medical Research, Infectious Diseases, Microbiology, Vaccines and immunisation, Nadhim Zahawi, Coronavirus, Oxford AstraZeneca

Bruce Springsteen (and Jeep) call us (the Super Bowl watchers) back to the middle, to "the ReUnited States of America."

  We see Bruce in Kansas, the geographic center of the contiguous 48 states, and he's mourning about how "the middle has been a hard place to get to lately." It's not overtly political, but I get the feeling that we're being told that the person who is President now, is more or less in the middle, and we ought to come together and feel good about that. This is — Variety tells us — the first ad Bruce Springsteen has ever done. He'd never even allowed his songs to be used in ads. But S...
Tags: Bruce Springsteen, Law, White House, Football, America, United States, Hawaii, Kansas, Gardens, Springsteen, Bruce, Kennedys, Kennebunkport, Ann Althouse, Partisanship, States of America

Outrage over French girl's rape case sparks demand for law to protect minors

Campaigners call for the introduction of an age of consent as 20 firefighters face chargesProtests will take place across France on Sunday in support of a woman allegedly raped by 20 firefighters when she was between 13 and 15 years old. Her case is being examined in the country’s highest court this week and campaigners hope it will lead to an age of sexual consent being enshrined in law as it is in the rest of the European Union.Julie* says she was raped by Parisian firefighters over a period o...
Tags: Europe, Law, France, European Union, Society, World news, Julie, Pierre, Rape and sexual assault, European Union Julie

More deaths, worse care? Inquiry opens into NHS maternity 'systemic racism'

Childbirth rights group supports examination into disproportionate health outcomesAn urgent inquiry to investigate how alleged systemic racism in the NHS manifests itself in maternity care will be launched on Tuesday with support from the UK charity Birthrights.The inquiry will apply a human- rights lens to examine how claimed racial injustice – from explicit racism to bias – is leading to poorer health outcomes in maternity care for ethnic minority groups. Continue reading...
Tags: Health, UK, Race, Women, Society, UK News, NHS, Global development, Maternal mortality

‘Adoption has been a journey from ignorance to enlightenment’

When I decided to adopt orphaned twins from Ethiopia, it felt like the most natural thing to do. But it raised many questions about motherhood and the bond we have with our childrenI assumed I would conceive naturally when John and I decided to start a family. I didn’t. We turned to fertility drugs with ambivalence. Reports of the mood swings the drugs sometimes caused worried me. I had only gone through one round when I broke a wooden dish-drying rack over John’s head. I don’t remember what he ...
Tags: Family, Children, Life and style, Society, Adoption, Ethiopia, Parents and parenting, John

Lots of great coverage at CCRC of lots of great 2020 criminal record reform activity

I blogged here last month about from the Collateral Consequences Resource Center authored by Margaret Love and David Schlussel which reviewed all the criminal record reforms enacted by states in 2020.   I know see that CCRC has been highlighting particular reforms on particular issues in this recent series of posts: Momentum grows to restore voting rights to people with a felony Surge in reforms to ease driving penalties Marijuana expungement accelerates in 2020 Regular readers likely ...
Tags: Law, Arizona, Ccrc, Douglas A Berman, Margaret Love, Collateral Consequences Resource Center, David Schlussel

NHS community vaccinator: ‘We feel like we‘re injecting hope‘

A community worker talks anonymously about the challenges and rewards of delivering the Covid jabCoronavirus – latest updatesSee all our coronavirus coverageAt the end of November, when the hospital I was working at was becoming overwhelmed with Covid patients, I started hearing talk about people being needed to join the vaccine effort. I usually work elsewhere in the NHS, but my work had been stopped temporarily. I now work as a vaccinator in the community going to care homes and assisted-livin...
Tags: Health, Society, UK News, Infectious Diseases, NHS, Vaccines and immunisation, Coronavirus

"Can Prosecutors Help To End Mass Incarceration?"

The title of this post is the title of this article/book review authored Rachel Barkow now available via SSRN.  Here is its abstract: Emily Bazelon argues in her excellent book, Charged, that “[t]he movement to elect a new kind of prosecutor is the most promising means of reform . . . on the political landscape.”  While I share Bazelon’s enthusiasm for prosecutors committed to using empirical evidence to guide their policymaking, instead of reflexively supporting the most punitive policies beca...
Tags: Law, America, Emily Bazelon, Douglas A Berman, Bazelon, Rachel Barkow

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