Fading magnolias.

[Author: [email protected] (Ann Althouse)]
Tags: Photography, Law, Flowers, Ann Althouse

Patently-O Bits and Bytes by Juvan Bonni

Recent Headlines in the IP World: Andrea Shalal and Steve Holland: White House Considering Intellectual Property Waiver for COVID-19 Vaccines (Source: Reuters) Mikey Campbell: Apple Roped Into Juniper Networks Patent Lawsuit (Source: Apple Insider) Atty. Andrea Berenbaum: Federal Court upholds Health Canada’s Strict Interpretation of Patent Listing Deadline for KEYTRUDA Formulation Patent (Source: JD Supra) Alessandro Mascellino: Apple Granted Patent for Face Biometrics with Hybrid Illuminat...
Tags: Google, Law, Uspto, Oracle, Patent, Federal Court, Health Canada, Steve Holland, Andrea Shalal, Jorge L Contreras, Bits and Bytes, Juvan Bonni, Wissam Aoun, Daryl Lim, COVID, Reuters Mikey Campbell

Summary Judgment on Pandemic Constructive Dismissal

Over a year ago, the provincial government introduced new emergency leaves for workers sick from COVID-19. This was soon followed by special provisions for termination and severance under the Employment Standards Act, 2000 (ESA), which many people speculated was likely unenforceable and would be deemed constructive dismissal. Justice Broad of the Ontario Superior Court of Justice recently dismissed a motion for summary judgment on April 16, 2021, in , where the defendant unsuccessfully attempte...
Tags: Law, Court, Esa, Avis, Graves, Small Claims Court, Coutinho, Ontario, Roberts, Ontario Court of Appeal, Boland, Dickson, Sanfilippo, Perretta, Brake, Substantive Law: Judicial Decisions

Unusual alliance of justices holds government to strict notice requirement in removal proceedings

On Thursday, the Supreme Court issued a 6-3 decision in Niz-Chavez v. Garland, opting for a strict reading of an immigration statute that turns on whether the government has provided proper notice to a noncitizen to appear for removal proceedings. By holding the government to the plain language of the statute, and by refusing to accommodate immigration agencies’ desire for flexibility, the majority handed a win to noncitizens and their advocates, who have long criticized the government’s piecem...
Tags: Featured, Supreme Court, Law, Congress, United States, Biden, John Roberts, NTA, Pereira, U S Court of Appeals, Garland, Elena Kagan, Clarence Thomas, Samuel Alito, Kavanaugh, INA

With new good behavior rules, is California on track to achieve historic "cut 50" in its prison population?

The question in the title of this post is prompted by this new AP article, headlined "76,000 California inmates now eligible for earlier releases," though it also picks up on a broader, decades-long prison reform story in the Golden State. First, from the AP: California is giving 76,000 inmates, including violent and repeat felons, the opportunity to leave prison earlier as the state aims to further trim the population of what once was the nation’s largest state correctional system. More than 6...
Tags: Supreme Court, Law, California, Ap, U S Supreme Court, Legislature, Golden State, Simas, Plata, Dana Simas, Douglas A Berman, Kent Scheidegger, Criminal Justice Legal Foundation, Golden State First, Gov Schwarzenegger, state Office of Administrative Law

Justices contemplate the interplay of eminent domain and sovereign immunity

The Supreme Court on Wednesday heard argument in PennEast Pipeline Co. v. New Jersey. The case presents two questions : (1) whether sovereign immunity prevents PennEast from instituting eminent domain proceedings in federal court to condemn properties in which New Jersey has interests, and (2) whether the U.S. Court of Appeals for the 3rd Circuit had jurisdiction over those proceedings. The dispute arose when PennEast obtained under the Natural Gas Act a certificate of public convenience and ne...
Tags: Featured, Supreme Court, Law, Congress, Pennsylvania, United States, New Jersey, John Roberts, Roberts, FERC, Federal Energy Regulatory Commission, Stephen Breyer, Breyer, Elena Kagan, Clement, U S Court of Appeals for the 3rd Circuit

"One has to wonder how these rankings are established. I lived in Georgia for 30 years owing to professional reasons. Not a day went by that I did not want to leave."

"Even though I lived in one of Georgia's best places (Athens, I was in the geology faculty at UGA), I never found any redeeming qualities in the Southeast. And I tried, oh I tried. I found the climate and the vegetation oppressive, the landscape depressing, and the culture alien. I finally found two good things about Georgia: Atlanta's airport (the departure lounge only, never liked baggage claim) and Delta. I retired on January 1 of this year and moved to Santa Fe three days later. This place i...
Tags: Real Estate, Law, Colorado, Atlanta, Georgia, United States, New Hampshire, Delta, Athens, New Mexico, Swimming, Santa Fe, UGA, Ann Althouse

"There are no statistics about the number of platonic, best-friend marriages, and many people who are in them aren’t open about their situation."

"But chat boards on Reddit and within smaller asexual and aromantic communities have popped up recently, suggesting this could be a larger portion of the marriage population than numbers portray.... Many of these relationships... begin because the couple wants their family life separate from their romantic lives, as they don’t find their romantic lives to be stable. Others may be disenchanted with love, and feel that longstanding friendships with a history of resolving conflict may feel like a s...
Tags: Marriage, Law, Sex, Relationships, United States, Reddit, Ann Althouse

The QAnon insurrectionist who filmed himself begging to be shot and inciting rioters to storm the Capitol told the FBI he was only there as a 'journalist'

Andrew Jackson Morgan Jr. records himself during the insurrection on January 6, 2021. Political Trance Tribune Andrew Jackson Morgan Jr. claimed to be at the insurrection as a civil rights auditor and journalist. Several now-deleted recordings show him encouraging the pro-Trump mob to storm the Capitol. An Insider investigation reveals that he was motivated by far-right, conspiratorial beliefs. See more stories on Insider's business page. Wearing his trademark Harley Davidson beanie an...
Tags: Facebook, Politics, Texas, Media, Law, Youtube, Washington, US, America, Barack Obama, Trends, Fbi, Austin, Washington Dc, News UK, Michigan

Management move.

In one of the greatest management moves of all time, Basecamp's CEO persuaded all of his most grindingly annoying employees to resign at once. .— Scott Adams (@ScottAdamsSays) May 1, 2021 [Author: [email protected] (Ann Althouse)]
Tags: Law, Censorship, Careers, Scott Adams, Ann Althouse

"Perelman crammed every joke he could think of into every sentence and polished his pieces relentlessly until they couldn’t get any crazier."

"There’s a story that a friend called him up while he was writing something, and Perelman said, 'I’ll call you back when I finish this sentence.' He called back the next day and said, 'O.K., what do you want?' When I first read Perelman, it was completely over my head. Half the words he was using didn’t exist in the real world, as far as I knew—and I was twelve, I’d been around. I figured one of us was nuts. Later on, when I had started writing for a living and picked up a few more multisyllabl...
Tags: Comedy, Writing, Law, Dogs, The Simpsons, Homer Simpson, Perelman, Ann Althouse, John Swartzwelder Sage

Another effective (but still incomplete) look at possible sentencing outcomes for those prosecuted for Capitol riot

This new AP article, headlined "Charged in Jan. 6 riot? Yes, but prison may be another story," reviews potental sentencing outcomes for their role in the January 6 Capitol riot.  Here are some excerpts, to be followed by a bit of contextual commentary: More than 400 people have been charged with federal crimes in the Jan. 6 attack on the Capitol.  But prison time may be another story. With new defendants still flooding into Washington’s federal court, the Justice Department is under pressure to...
Tags: Law, Minneapolis, Washington, Oregon, Joe Biden, Ap, House, Nancy Pelosi, Seattle, Donald Trump, Fargo, Barnett, Justice Department, Trump, Capitol, Brainerd

America’s prison catastrophe: Can we undo it?

The United States is the world's largest prison warden. As of June 2020, America had the highest prisoner rate, with 655 prisoners per 100,000 of the national population. But according to experts, doing something the most doesn't mean doing it the best.The system is a failure both economically and in terms of the way inmates are treated, with many equating it to legal slavery. American prisons en masse are expensive, brutal, and ineffective, so why aren't we trying better alternatives? And what ...
Tags: Politics, Crime, Prison, Law, America, Policy, United States, Innovation, Inequality, Criminal Justice, Justice System, Social Change, Peterson, Echols, Marie Gottschalk, Shaka Senghor

"Hi, yes I am the guy. It had happened in 2017... Thank you guys for still remembering me."

Hi, yes I am the guy. It had happened in 2017 and I got back to Korea 2 years ago.Thank you guys for still remembering me. I hope we LOVE OUR NEIGHBORS AS OURSELVES. I believe that's what we need at all times and that's the key to the problems we have now. Peace be with you all.— jonghyun kim (@johnkim8120) May 2, 2021 [Author: [email protected] (Ann Althouse)]
Tags: Law, Etiquette, Protests, Korea, Ann Althouse

"When Joe Biden was the presumptive nominee against Donald Trump, they quickly vilified his accuser Tara Reade as a mentally unwell liar..."

"... just as they did in the 1990s to the group of women who accused Bill Clinton of various levels of sexual impropriety, including rape. When something like the presidency is at stake, female accusers of key Democratic male leaders are to be mocked and destroyed, not believed. That is because there is no discernible principle at play. It is only about power. Why was the highly educated Christine Blasey Ford to be believed with no evidence in her accusations against Brett Kavanaugh, and why is...
Tags: Law, Joe Biden, Glenn Greenwald, Bill Clinton, Donald Trump, Stringer, Scott Stringer, Ann Althouse, Brett Kavanaugh, Reade, Jean Kim, Christine Blasey Ford, Cancel Culture, Tara Reade, Tara Reader, Glenn Greenwald Substack Stringer

Caitlyn Jenner didn’t expect to get asked this on her Saturday morning coffee run, but she favors protecting girls' sports in schools.

I didn’t expect to get asked this on my Saturday morning coffee run, but I’m clear about where I stand. It’s an issue of fairness and we need to protect girls’ sports in our schools.— Caitlyn Jenner (@Caitlyn_Jenner) May 1, 2021 (To comment, email me here.) [Author: [email protected] (Ann Althouse)]
Tags: Law, Sports, Transgender, Caitlyn Jenner, Ann Althouse, Gender Difference


[Author: [email protected] (Ann Althouse)]
Tags: Photography, Law, Sunrise, Lake Mendota, 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. PÉNAL (DROIT) : En tenant compte à la fois de la préservation des droits constitutionnels fondamentaux de l’accusé et de la sécurité du public en salle d’audience, la Cour prévoit que les témoins...
Tags: Law, Canada, R, Summaries Sunday, SOQUIJ, Québec Department of Justice, Shenker, Bdeir, Juge Dennis Galiatsatos Date, Puisque

What my lockdown calls to an old man taught me about laughter, life – and myself

When a busy young woman befriended an old man living on his own, a compelling relationship was bornWhen the first lockdown began and Boris Johnson finally pointed his finger down our throats and warned us in a tweet that we must stay at home “as we work together to fight this virus and keep everyone safe”, he also spoke in a speech of the “fortitude of the elderly”. Suddenly, the rising stats of loneliness began to be bandied about on every news feed. One in four adults said they had experienced...
Tags: Friendship, Life and style, Society, Boris Johnson, Loneliness, Mental Health Foundation, Coronavirus

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