At the Sunday Night Café...

 ... you can talk about whatever you want. [Author: [email protected] (Ann Althouse)]
Tags: Photography, Law, Sunrise, Lake Mendota, Ann Althouse

What Happened, Before Applying Standard of Care

Negligence is determined by a standard of care that a relevant prudent person would undertake, rather than the results that such a theoretical person would seek to attain or avoid. Although Canada initially inherited the reasonable person standard from England in Vaughn v. Menlove, 1837 132 ER 490, it has developed significantly since that time. It as not, however, made exceptions for mental illness as in Vaughn, but has created a number of other exceptions, most notably for experts and professi...
Tags: England, Supreme Court, Law, Court, Canada, Court of appeal, Kennedy, Sylvester, Lee, Ward, Peters, Bateman, Farrell, Royal Victoria Hospital, Armstrong, Locke

Reflections on One Year of the Pandemic From an Employment Law Lawyer

A few days ago, I drafted a pretty somber take on the last year in lockdown.  It recounted those early hectic days and the long slog of working from home. Candidly, it was kind of depressing. Maybe I’ll post it one day here. But not now. (If you want a post from a year ago, I can give you that link.) Vaccinations have a tendency to make you start to think about the future in ways that seemed only theoretical before.  Why look back when right now, it’s never been better to look forward? Don’t pop...
Tags: UK, Law, Cdc, South Africa, Brazil, Don

Patently-O Bits and Bytes by Juvan Bonni

Recent Headlines in the IP World: Miriam Berger: WHO Head Pushes for Waiver of Some Intellectual Property Rights for Coronavirus Vaccines, in Bid to Broaden Access (Source: The Washington Post) Emma Farge: China Extends Lead Over U.S. in Global Patents Filings, U.N. Says (Source: Reuters) Ali Salman: New Apple Patent Describes a System That Detects Light Through Display for Face ID and Touch ID (Source: WCCF Tech) Ben Lovejoy: Apple Patent Application Describes a Simple Way to Boost Battery ...
Tags: Law, Washington Post, China, Uspto, Patent, Reuters, Emma Farge, Ben Lovejoy, Federal Circuit, Ali Salman, Daniel Takash, Bits and Bytes, Juvan Bonni, Miriam Berger, Patrick J Sobkowski, Arthrex V Smith Nephew Inc

Timing the Venue Inquiry in W.D. Texas

by Dennis Crouch I wrote earlier about the Federal Circuit’s TracFone decision, calling-out W.D. Texas Judge Albright for his months long delay in deciding defendant’s motions to transfer/dismiss for improper/inconvenient venue. In its decision, the appellate court repeated a prior conclusion that Judge Albright’s approach represented “egregious delay and blatant disregard for precedent.” Egregious Delay and Blatant Disregard for Precedent The following day (March 11), Judge Albright complied...
Tags: Google, Texas, Law, Congress, Court, San Antonio, Patent, Usc, San Antonio TX, Albright, Google Inc, Federal Circuit, Raytheon Co, TracFone, Dennis Crouch, Southern District of Florida

Johnson plans to use defence overhaul to strengthen UK union

Major strategic review will increase defence manufacturing and create jobs in all four nationsBoris Johnson’s long-awaited overhaul of Britain’s defence strategy will be published on Monday, when the prime minister will sell it domestically as a boost to the economy and the union between the UK’s four nations. The Integrated Review, commissioned over a year ago, will promise to “strengthening the UK’s core industrial base” and outline plans to expand manufacturing and create jobs outside London....
Tags: Politics, UK, Technology, London, Wales, Scotland, UK News, World news, Britain, Military, Asia Pacific, Foreign Policy, Defence policy, Northern Ireland, Boris Johnson, Johnson

New anti-protest bill raises profound concern and alarm, human rights groups say

Exclusive: ‘draconian’ 307-page police, crime and sentencing bill is being rushed through, charities, unions and faith communities sayMore than 150 organisations have warned ministers that a new law handing police tougher powers to crack down on protesters would be “an attack on some of the most fundamental rights of citizens” as Labour vowed to oppose it and officers’ handling of a vigil for Sarah Everard continued to draw criticism.The groups, including human rights charities, unions and faith...
Tags: Crime, Protest, Law, Police, Conservatives, UK News, Charities, Labour, UK civil liberties, Keir Starmer, Jess Phillips, Extinction Rebellion, Sarah Everard

"My God, he’s like a polar bear out there on an ice floe."

Said Meade, after I read this Politico headline out loud: "Trump was supposed to be a political Godzilla in exile. Instead, he’s adrift." [Author: [email protected] (Ann Althouse)]
Tags: Law, Metaphor, Trump, Meade, Ann Althouse, Althouse + Meade, Trump the ex-President

Sunrise 3 ways.

Video:   Panorama:   Still:  [Author: [email protected] (Ann Althouse)]
Tags: Photography, Video, Law, Sunrise, Panorama, Lake Mendota, Ann Althouse

"Every so often, a TikTok comes along that physically debilitates me. Sometimes it’s... an overwhelming, full-body gut punch..."

" that’s triggered by a deep sense of emotional recognition. It could be embarrassment, fear, or stress. Or it could be positive: excitement, pride, joy..."Writes Emilia Petracha in "What Will You Wear on the First Day of the Rest of Your Life?" (New York Magazine). Here's the TikTok she's talking about: @jayden_the_weeb1 ♬ original sound - Jayden_the_weeb1 "My heart breaks for Jayden that he hasn’t been able to be in school this whole time, presumably because of the pand...
Tags: Fashion, Law, Purple, Jayden, Aesthetics, Ann Althouse, These Kids Today, New York Magazine Here, Tiktok, Coronavirus, Emilia Petracha

Consent Via “Clickwrap” Defeats Privacy Claims–Javier v. Assurance

Javier got a life insurance quote from Assurance. It appears this page contained javascript served from a vendor named ActiveProspect (via a service called “TrustedForm”), which tracks each user on Assurance’s site and records the users’ keystrokes. For Assurance, these recordings provide confirmation that each user consented to its phone calls–which helps rebut TCPA claims. Assurance’s fears were well-founded. Javier brought a TCPA claim for unwanted phone calls from Assurance…but he then pivot...
Tags: Law, California, Spam, Privacy/security, Javier, TCPA, Licensing/Contracts, Assurance, Assurance IQ LLC, Clickwrap Defeats Privacy Claims Javier

Cuomo aide, who is accused of helping cover up nursing-home death tolls, was once a professor of ethics in government

Linda Lacewell, right, after testifying at a bribery trial in Manhattan on January 24, 2018. Mary Altaffer/AP Linda Lacewell, a top Cuomo aide, is accused of covering up the number of New York's nursing-home deaths. Lacewell was previously Cuomo's Chief of Staff and oversaw "ethics and law enforcement matters." She also taught classes on ethics in government at New York University's School of Law. See more stories on Insider's business page. One of Gov. Andrew Cuomo's s...
Tags: New York Post, Politics, New York, Law, Trends, Ethics, New York Times, News UK, The Times, Manhattan, Andrew Cuomo, Scandals, New York State, Cuomo, Department Of Health, Garvey

"The group, whose total membership is unknown but believed to be in the thousands, has never articulated a specific ideology or dogma...."

From (NYT).[F]ederal law enforcement officials said, no evidence emerged that the Proud Boys had plotted murders, kidnappings, gun crimes or — apart from Jan. 6 — insurrection. Yet the Proud Boys’ belligerence fit the definition of terrorism, other officials said: unlawful violence and intimidation for political aims. Members raised money to travel across state lines to dozens of rallies with the intent of street fighting.... “If the Proud Boys was not a white male chauvinist club but a Black...
Tags: Law, Police, Terrorism, Homeland Security, Race Consciousness, Ann Althouse, Proud Boys, Elizabeth -RSB- Neumann

Family Court May Disqualify Counsel

The West Virginia Supreme Court of Appeals upheld the authority of a family court judge to disqualify counsel In this appeal, we are asked to decide whether a family court has the authority to disqualify an attorney appearing before it.... [Author: Legal Profession Prof]
Tags: Law, West Virginia Supreme Court of Appeals, Legal Profession Prof, Judicial Ethics and the Courts

Just because you can doesn't mean you should.

Our scale, after it tells you your weight, tells you the weight of the person who last stepped on the scale. Who thought this would be a good idea??— Megyn Kelly (@megynkelly) March 14, 2021 [Author: [email protected] (Ann Althouse)]
Tags: Technology, Law, Fat, Ann Althouse

"This is Guy Talk: an elevated version of the bro-ing down heard on countless podcasts aimed at men."

"At times it feels like Renegades is a primer on nontoxic masculinity. Obama and Springsteen are emotionally intelligent and self-aware; they poke fun at themselves, in a way that comes naturally to wildly successful people.... [T]hey lay claim, again and again, to a progressive patriotism... [W]e get a lot of solemn talk in which hard truths are articulated amid a blizzard of mixed metaphors. In a conversation about the rise of white nationalism under Trump, Springsteen proclaims that racist pa...
Tags: Comedy, Podcasts, Law, Obama, Metaphor, Conversation, Springsteen, Rosen, Ann Althouse, Obama the ex-President, Jonathan Ogden, Jody Rosen, Obama Springsteen, Trump Springsteen

With a new Attorney General now in place, should we expect to see any changes in the federal prison population?

Regular readers know that I have been following federal prison population data quite closely during the COVID era, giving particular attention to the numbers that the federal Bureau of Prisons updates weekly at this webpage.  But I have not blogged on this topic in nearly two months because, after a tumultuous 2020, there has been a notable stability in BOP reports of "Total Federal Inmates" during the Biden era.  As noted here, the day after Prez Biden's inauguration, BOP reported a total popul...
Tags: Law, Biden, Doj, Justice Department, Trump, Prez Obama, Jeff Sessions, Bureau of Prisons, Douglas A Berman, Merrick Garland, Prez Trump, Prez Biden

Robot umpires are "designed to increase action on the basepaths, create more balls in play, improve the pace and length of games, and reduce player injuries."

According to Major League Baseball, quoted in "Minor League Baseball To Experiment With Robotic Umpires" (NPR). "The game on the field is constantly evolving, and MLB must be thoughtful and intentional about progressing toward the very best version of baseball – a version that is true to its essence and has enough consistent action and athleticism on display to entertain fans of all ages," Theo Epstein, consultant to MLB, said.... "These rules experiments will provide valuable insight into vario...
Tags: Law, Robots, Mlb, Baseball, Major League Baseball, Theo Epstein, Ann Althouse, Robotic Umpires NPR

Charlie Hebdo appropriates the death of George Floyd to mock Meghan Markle and the Queen.

Via The Sun: 1. The headline translates to "Why Meghan left Buckingham...." and the speech bubble says "because I couldn't breathe anymore." 2. Now, for the first time, I'm thinking about whether the Queen shaves her legs.3. Is the image outrageous? But Charlie Hebdo wants to be outrageous... so it is immune to any criticism people might choose to lob. Still, the question remains: How outrageous is it and what are the elements of outrageousness?4. The most outrageous part — if I consult my o...
Tags: Comedy, Law, Cartoons, Shaving, Charlie Hebdo, Queen Elizabeth, Buckingham, Floyd, Meghan, Markle, MEGHAN MARKLE, Ann Althouse, Analogies, Race And Pop Culture, George Floyd

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 February 6 – March 12, 2021 inclusive. Appeals Criminal Law: Jury Selection Process; Curative Proviso R. v. Esseghaier, 2019 ONCA 672; 2021 SCC 9 (38861) The curative proviso in s....
Tags: Law, Ontario Superior Court of Justice, Dussault, Tessier, Summaries Sunday, Supreme Advocacy, Supreme Advocacy LLP, Supreme Court of Canada Supreme Advocacy LLP, Supreme Advocacy Letter, Counsel R, Curative Proviso R, Esseghaier, Abrametz, Mandatory Minimums R, Mandatory Minimums Hills, Hilbach

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. COMMERCIAL (DROIT) : La demanderesse aura droit à 320 000 $ à la suite du dévoilement à ses concurrents, par la défenderesse, de ses secrets commerciaux dans le cadre d’un appel d’offres. Intitul...
Tags: Law, Canada, Elle, Cela, Summaries Sunday, SOQUIJ, Québec Department of Justice, Equisoft inc, RFI Elle

Ireland suspends AstraZeneca Covid vaccine over blood clot concerns

Deployment of Oxford vaccine temporarily deferred after latest reports from NorwayCoronavirus – latest updatesSee all our coronavirus coverageIreland is suspending use of the Oxford/AstraZeneca vaccine against Covid as a precautionary measure following further reports of blood clots in people who have received it, this time from Norway.The deputy chief medical officer, Dr Ronan Glynn, said Ireland’s advisory body on vaccines had recommended that deployment of the AstraZeneca jab should be “tempo...
Tags: Health, Europe, Business, Science, Biology, Society, World news, Medical Research, Ireland, Infectious Diseases, Microbiology, Oxford, Astrazeneca, Pharmaceuticals industry, Vaccines and immunisation, Norway

A lawyer filed more than 100 lawsuits over vanilla flavoring in foods and drinks, arguing most of it is fake

Close up of a vanilla flavor ice cream sandwich which has chocolate cookies in the external sides. Roberto Machado Noa/LightRocket via Getty Images Spence Sheehan has filed more than 100 lawsuits over vanilla flavoring. He argued companies can not say their product has vanilla if it's not mostly from vanilla beans. Experts have said these cases have no merit because customers don't expect real vanilla. Visit the Business section of Insider for more stories. Over the past two year...
Tags: New York, Law, US, Trends, Food And Drug Administration, Lawsuits, Manhattan, Fda, Joe, Vanilla, Wegmans, McDonald, Sheehan, Tobin, Perkins Coie LLP, Tommy Tobin

Inventor Of The Cell Phone Marvels At Entirely Avoidable US Broadband Gaps (techdirt)

One the one hand, you have wireless carriers telling anybody who'll listen that 5G will soon create the incredible, smart cities of tomorrow and no limit of incredible innovation. On the other hand, you have 42 million Americans without access to broadband during a plague, and tens of millions more stuck paying high prices for slow services thanks to monopolization and a lack of competition. It's a discordant reality gap that isn't lost on Martin Cooper, who invented the first cell phone (the Mo...
Tags: News, Law, US, America, United States, Federal Communications Commission, Cooper, Karl Bode, Verizon AT T and T Mobile, Martin Cooper, Motorola Dynatac, CNET Cooper

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