Bootlicking city officials a barrier to police reform

As long as politicians let police dictate the limits of reform, there will be no significant reform and the same problems inevitably will recur. When the El Paso City Council approved its legislative agenda three weeks ago, the police department was given de facto veto power. Reported KTSM-TV:
Tags: Texas, Law, Minneapolis, El Paso, EDINBURG, El Paso City Council, El Paso Police Department, Gritsforbreakfast, Jorge Gonzalez, George Floyd, Texas Black Caucus

Reliance on Unredacted and Undisclosed Materials

Criminal law can be differentiated from civil proceedings, where both sides are obligated to provide all relevant evidence, in that there is an inherent asymmetry in the information the Crown possesses. This is particularly important given the burden of proof that is imposed on the Crown.   The B.C. Court of Appeal stated in R. v. C. (M.H.),  [29] …there is a general duty on the part of the Crown to disclose all material it proposes to use at trial and especially all evidence which may assist th...
Tags: Law, Toronto, Acura, Supreme Court of Canada, Jane, Finch, Ontario Court of Appeal, R, SCC, ITO, Substantive Law: Judicial Decisions, Stinchcombe, Jane Street, Ontario Court of Appeal in R, B C Court of Appeal, Garofoli

Senators Durbin and Grassley re-introduce "Prohibiting Punishment of Acquitted Conduct Act"

Back in 2019, I was pleased to be able to blog here about a legialative effort to prohibit judicial reliance on "acquitted conduct" in the federal sentencing system.  I am now pleased to now be able to again highlight that Senators Dick Durbin and Chuck Grassley are again the bipartisan sponsors of the latest version of the "Prohibiting Punishment of Acquitted Conduct Act."  This March 4 press release from Senator Durbin's office provides these details: U.S. Senate Majority Whip Dick Durbin (D-...
Tags: Law, United States, House, Chuck Grassley, Senate Judiciary Committee, U S Senate, Grassley, Ginsburg, Steve Cohen, Scalia Thomas, Durbin, Dick Durbin, Kavanaugh, Thom Tillis, Douglas A Berman, Split Michigan Supreme Court

More Confirmation That RSS Feeds Aren’t Just “Really Simple Stealing”–MidlevelU v. Newstex

The plaintiff made the full text of its blog posts available via RSS. Newstex, an aggregator, subscribed to the RSS feed as part of its “Index” service (which it ultimately discontinued because it wasn’t profitable). The service automatically generated summaries of the full-text posts and published the summaries along with a link to the original and some bibliographic information. Customers could also click on a link to see the original hosted by Newstex through its iFrames functionality. Midle...
Tags: Google, Law, Copyright, Index, Tolbert, Licensing/Contracts, MidlevelU, Newstex, MidlevelU Inc, ACI Information Group, 11th Circuit affirmed Implied License Newstex

Tomorrow: Don’t Miss the Startup Alley Pitch Competition, the Opening Event at TECHSHOW

Tomorrow begins the week-long ABA TECHSHOW, the first virtual version of one of the world’s leading legal tech conferences. Kicking off the conference is the fifth annual Startup Alley pitch competition, featuring 15 up-and-coming legal tech startups competing for your votes. Once again, I will be the moderator of the pitch competition, which begins at 11 a.m. Eastern time and runs for 90 minutes. Once again, the practice management company Clio is generously sponsoring the competition. This is ...
Tags: Law, Uncategorized

The Guardian view on women and the pandemic: what happened to building back better? | Editorial

Around the world, coronavirus has both highlighted and worsened existing inequalitiesOne year into the pandemic, women have little cause to celebrate International Women’s Day tomorrow, and less energy to battle for change. Men are more likely to die from Covid-19. But women have suffered the greatest economic and social blows. They have taken the brunt of increased caregiving, have been more likely to lose their jobs and have seen a sharp rise in domestic abuse.In the UK, women did two-thirds o...
Tags: Health, Europe, Family, Gender, Politics, UK, Race, Women, US, Society, UK News, US news, Poverty, Unemployment, US politics, Sierra Leone


 Talk about anything you like. [Author: [email protected] (Ann Althouse)]
Tags: Photography, Law, Sunrise, Ann Althouse

Prominent Georgia family sued their local grocery clerk after she made claims on Facebook about their role in the Capitol riots, report says

Pro-Trump protestors clash with police during the tally of electoral votes that that would certify Joe Biden as the winner of the U.S. presidential election outside the US Capitol in Washington, DC on Wednesday, January 6, 2021. Amanda Andrade-Rhoades/For The Washington Post via Getty Images A family is suing a grocery clerk after she posted allegations about their roles in the Capitol riots. Katheryn and Thelma Cagle had helped organize buses from Georgia to DC, according to the Washingto...
Tags: Facebook, Post, Politics, News, Law, Washington Post, Trends, Georgia, Joe Biden, Washington Dc, News UK, William, Capitol, Fleischman, Cagle, David McDonald

"I am not belittling my client... but my client was wearing horns. He had tattoos around his nipples. He wasn’t leading anywhere. He was a follower."

Said Albert Watkins, the lawyer for Jacob Chansley (AKA "The QAnon Shaman"), quoted in "U.S. judge scolds ‘QAnon Shaman’ for appearing on ‘60 Minutes Plus’ without permission" (WaPo). As for the controversy over appearing on TV: During a detention hearing Friday, Judge Royce C. Lamberth of the U.S. District Court for the District of Columbia questioned whether Jacob Chansley appeared in the interview that aired Thursday without the required clearance from the U.S. Marshals Service, the detention...
Tags: Law, WaPo, U S Marshals Service, Watkins, U S District Court for the District of Columbia, Ann Althouse, Royce C Lamberth, Albert Watkins, the Trump resistance, Jacob Chansley, Chansley

"Black children suffer disproportionately from 'zero tolerance' disciplinary policies under which they are suspended and expelled...."

"Black boys are three times as likely to be suspended as White boys.... I’m not proud of my actions. But if White people want to help the push for racial equity in education, they need to own their role in perpetuating racist practices. I was not equipped for my job when I first entered my 10th-12th grade classroom at one of the poorest high schools in Memphis.... My students resented me for being so severe; I learned that they complained about me to their other teachers. Once, my overuse of d...
Tags: Law, America, Black Lives Matter, Memphis, White, Liz, Memphis Tennessee, Posner, Race And Education, Ann Althouse, Liz Posner

Is there someone in your life who is annoying you with the conversational tic "Do you know what?"

This hilarious man has hit upon the solution: @sheenamelwani @therealindiandad doesn’t really know what. #reaction #closethewindows ♬ original sound - Sheena Melwani ADDED: I assumed this was a husband and wife, but I see from this CNN article that it's a father and daughter: "She sings. He interrupts. Together they've become a TikTok sensation." ALSO: They have lots of YouTube videos — here. The father — knows as The Real Indian Dad — appears in a filtered animated form. [Author: nor...
Tags: Law, Cnn, Conversation, Ann Althouse, Sheena Melwani

The Dialogue: Pandemic Anniversary and Vaccines, #MeToo, Discrimination Cases and More

Today, I bring back one of my favorite recurring features – my conversations with employee-side attorney Nina Pirrotti. As we’ve moved our conversations (“The Dialogue”) from written to virtual format, we still find the effects on employment law by the pandemic to be wide-ranging.  While vaccinations are welcome, the move to remote work has created new sets of issues for employee and employers to be concerned about. We hope you enjoy the conversation as much as we have.  My thanks to Nina as alw...
Tags: Video, Law, Conversation, Statistics, Employment law, Vaccines, Discrimination, Sexual Harassment, Nina, Plaintiff, Dialogue, Human Resources (HR) Compliance, Laws and Regulations, Discrimination & Harassment, Pandemic, Nina Pirrotti

"Natural Punishment"

The title of this post is the title of this interesting new article authored by Raff Donelson now available via SSRN. Here is its abstract: A man, carrying a gun in his waistband, robs a food vendor. In making his escape, the gun discharges, critically injuring the robber. About such instances, it is common to think, “he got what he deserved.”  This Article seeks to explore cases like that, cases of “natural punishment.”  Natural punishment occurs when a wrongdoer faces serious harm that result...
Tags: Law, US, United States, Douglas A Berman, Raff Donelson

An associate of Tony Hsieh has filed further claims against his estate. It follows her previous lawsuits that were filed earlier in 2021.

Tony Hsieh, former Zappos CEO. Chris Farina/Corbis via Getty Images The "right-hand person" of Zappos co-founder Hsieh has made more claims against his estate. Jennifer Pham's lawsuit follows previous claims made earlier in 2021. The former chief executive of Zappos died after being injured in a house fire. Visit the Business section of Insider for more stories. A friend and associate of Tony Hsieh on Wednesday filed creditor's claims for millions of dollars against his estate, according...
Tags: Amazon, Law, Trends, Connecticut, Retail, Las Vegas, Nevada, Zappos, Yamaha, Las Vegas Review Journal, Tony Hsieh, Pham, Hsieh, Clark County District Court, KTNV LAS VEGAS, Kevin Shalvey

"Democrats have bollixed up every sexual harassment scandal I’ve covered."

"Joe Biden truncated the Hill-Thomas hearings in the name of comity. The Clintons had henchmen smear Lewinsky. Democrats vainly hammered Clarence Thomas and Brett Kavanaugh on sexual misconduct, hoping to stop judges they opposed on ideological grounds. Now, some Democrats are feeling regret over forcing out Al Franken, and for all those statements by prominent Democrats about how we must start with the presumption that women are telling the truth — an absurd standard.... 'Probably enough Democ...
Tags: Law, Joe Biden, Atlantic, Sexual Harassment, Al Franken, Clintons, Maureen Dowd, Lewinsky, Clarence Thomas, Ann Althouse, Brownstein, Partisanship, Brett Kavanaugh, Ron Brownstein, MeToo, Hill Thomas

Rounding up lots of good recent criminal justice reads

Another full work week with lots of activity has meant needing the weekend to catch up on interesting reading (and blogging) on a variety of criminal justice fronts.  So, here is a quick round up of some recent pieces catching my eye: From The Crime Report, "Why It’s Time to Abandon Drug Courts" b y   Miriam Krinsky and Leo Beletsky From the Georgetown Public Policy Review, "Public Opinion on the Death Penalty: Where Republicans and Democrats Agree (and Disagree)" by Emma Farber From The ...
Tags: Law, New York Times, Department Of Justice, Russ Feingold, Amy Fettig, Douglas A Berman, Heather Rice, Kevin Ring, WA Supreme Court, Miriam Krinsky, Leo Beletsky From, Georgetown Public Policy Review Public Opinion, Emma Farber, Shon Hopwood From The Hill Biden, Hanna Scott From, Patricia Leigh Brown

Why isn't there a vibrant anti-pornography movement within the present-day cancel culture?

I wondered. I remember the big anti-pornography movement of the 1980s — and how it was squelched — and I thought it is due for a comeback. We're censoring Dr. Seuss books for minor racial improprieties, but the monumental misogyny problems of pornography are ignored. So I looked to see if there were signs of a resurgence of the anti-pornography movement, and I found this (from a few days ago, at Vox): "This week in TikTok: The problem with the 'Cancel Porn' movement/On TikTok, it’s impossible to...
Tags: Law, Prostitution, Censorship, Feminism, Reddit, Pornography, Vox, Seuss, Ann Althouse, Dr. Seuss, Rebecca Jennings, Tiktok

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. ADMINISTRATIF (DROIT) : Le recours des demandeurs, qui souhaitent que le tribunal déclare invalide et inopérant le paragraphe 29 du dixième aliéna du décret 1020-2020 (Décret concernant l’ordonna...
Tags: Law, Canada, NCPC, Levesque, Summaries Sunday, SOQUIJ, Québec Department of Justice, Racicot

£1bn to ‘level up’ towns … but Tories already cut £2.4bn

Slashed budgets since 2010 outweigh the help announced for 45 local authoritiesIt was supposed to redraw the economic map of Britain. But funding announced by Rishi Sunak last week for 45 struggling towns across England is worth less than half the amount cut from their local budgets under the Conservatives, according to an Observer analysis.Using the budget to restart the government’s levelling-up agenda after dealing with the Covid pandemic, the chancellor announced £1bn of funding from the fla...
Tags: Politics, England, Budget, Conservatives, Communities, Society, UK News, Britain, Tories, Rishi Sunak, Wolverhampton Continue, Budget 2021, Castleford Rochdale

What do near-death experiences mean, and why do they fascinate us?

Psychiatrist Bruce Greyson has spent decades talking to people about near-death experiences. His work raises questions about what happens when we die, and how we ought to choose to liveWhen Gregg Nome was 24 years old, he slipped into the churn beneath a waterfall and began to drown, his body pummelled against the sandy riverbed. What he saw there surprised him. Suddenly, his vision filled with crystal-clear scenes from his childhood, events he had mostly forgotten, and then moments from early a...
Tags: Society, Connecticut, Death and dying, Nome, Greyson, Bruce Greyson, Gregg Nome, University of Virginia Some

In France, there's no escape from Covid vaccine sceptics. What would Pasteur think?

As the rumour and disinformation mills go into overdrive, GPs are having to drum up patients to use up their allocation of jabsThere’s a joke doing the rounds in France: how do you get a Frenchman to have the Covid vaccine? Tell him he can’t have it.My dentist – who is French – recounted this and found it hilarious. My doctor – who is not French – was not so amused. Like other GPs she has been trying, and not always succeeding, to persuade her patients to have the AstraZeneca jab. Yes, you read ...
Tags: Health, Europe, France, Social Media, Society, World news, Astrazeneca, Vaccines and immunisation, Immunology, Coronavirus, COVID

Covid data show sewage monitoring could be vital in infection control

A pilot study’s analysis of schools’ wastewater shows its potential as an early warning system for public health teamsCoronavirus – latest updatesSee all our coronavirus coverageSchools may have had more Covid-19 infections before Christmas than previous research showed, according to data from a pilot study that senior public health experts believe could provide a crucial early warning system against future outbreaks.Covid was present in the sewage of 80% of 16 primary and secondary schools in E...
Tags: Health, England, Science, Education, Environment, Society, UK News, World news, Medical Research, Infectious Diseases, Microbiology, Schools, Waste, Middlesex University, Coronavirus, COVID

The lockdown generation: 16 young people on spending a year at home

Missing friends, learning new skills, playing online in lessons. On the eve of returning to school, we talk to children and teens and ask how they’ve fared during the pandemicI’m a very overthinking person. When I first heard about a virus it made me really shaky. It set my anxiety to a nine or a 10. When they shut school, I thought it might be five or six weeks at the most. I didn’t think it would span months. Continue reading...
Tags: Education, Children, Society, Coronavirus

How early humans' quest for food stoked the flames of evolution

A love of complex smells and flavours gave our ancestors an edge and stopped hangoversHuman evolution and exploration of the world were shaped by a hunger for tasty food – “a quest for deliciousness” – according to two leading academics.Ancient humans who had the ability to smell and desire more complex aromas, and enjoy food and drink with a sour taste, gained evolutionary advantages over their less-discerning rivals, argue the authors of a new book about the part played by flavour in our devel...
Tags: Food, Books, Science, Alcohol, Society, UK News, World news, Evolution, Science and nature books

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