D.C. Admissions Web Page Improved

The District of Columbia Court of Appeals has redesigned the web page and links to its Committee on Admissions. Fresh information about the 2021 examination is a feature of the new page. It appears to me that the redesign is... [Author: Legal Profession Prof]
Tags: Bar Discipline & Process, Legal Profession Prof

We walked 6.6 miles in New Glarus Woods State Park today.

Brilliant green after yesterday's rain:  Does this fungus suggest the presence of sponge mushrooms nearby? Ramps:  [Author: [email protected] (Ann Althouse)]
Tags: Photography, Law, Trees, Plants, Mushrooms, Onions, Ann Althouse, New Glarus Woods State Park

Legal Academic Publishing May Be Broken

Academic publishing is broken. That’s the word from Brazilian journalist, Raphael Tsavkko Garcia, who reports for Al Jazeera and MIT Tech Review, among other news outlets, in an excellent piece in Bookseller. Garcia’s points may be as applicable to legal publishing – think law reviews and other legal periodicals – as any academic publishing. It is increasingly difficult for academics to have access to the articles they need to do their work – even their own articles. Well-ranked jo...
Tags: Law, Uncategorized, Al Jazeera, Garcia, MIT Tech Review, Raphael Tsavkko Garcia, Bookseller Garcia

Section 230 did not protect Snapchat from negligence liability in car crash lawsuit over Speed Filter

The tragic facts Landen Brown was using Snapchat’s Speed Filter in 2017 when the car in which he was riding with two other young men crashed after reaching speeds above 120 miles per hour. The Speed Filter documented how fast the car was traveling. The crash killed Landon and the other two occupants. The parents of two of the passengers sued Snap, Inc. (the purveyor of Snapchat), claiming that the app was negligently designed. The parents alleged, among other things, that Snap shoul...
Tags: Law, Snapchat, Negligence, Landon, Plaintiffs, Section 230, Snap Inc, Ninth Circuit On, Landen Brown, Snapchat Lemmon

SCOTUS argument in Terry suggests low-level crack defendant unlikely to secure resentencing based on FSA retroactivity

On Tuesday morning, the Supreme Court heard oral argument in Terry v. United States, and the full oral argument is available here via C-SPAN.  The full argument runs nearly 90 minutes and the quality of the advocacy makes it worth the full listen.  But one can get a much quicker flavor of the tenor of the discussion from just a scan of the headlines of these press accounts of the argument: From the AP, "Supreme Court skeptical of low-level crack offender’s case" From Bloomberg Law, "Biden Switch...
Tags: Supreme Court, Law, US, United States, Terry, Trump, Douglas A Berman, Reuters U S Supreme Court, Terry Terry, AP Supreme Court, Tarahrick Terry, Bloomberg Law Biden, From USA Today Supreme Court, From the Washington Post Supreme Court

Florida’s Terrible Idea — See Also

It’s Like DeSantis Is Trying To Kill The Florida Tourism Industry: Oh, and people. Lowenstein Slow Plays Going Back To The Office: Associates should be pleased. OANN Tries To Bait Law Professor: Thankfully he resists. More Trouble For Florida Coastal Law School: Because of course. Gamers Let Their Feelings Be Known: By disrupting court proceedings.
Tags: Florida, Law, Lowenstein, DeSantis, See Also, Florida Coastal Law School

Meet Victoria Toensing and Joseph diGenova, the Republican power couple caught up in the FBI's Rudy Giuliani investigation

Rudolph Giuliani, Joseph diGenova, and Victoria Toensing, attorneys for then-President Donald Trump, conduct a news conference. Tom Williams/CQ-Roll Call, Inc via Getty Image Victoria Toensing was served a search warrant alongside Rudy Giuliani last week. She and her husband and law partner, Joseph diGenova, have been close to Giuliani for decades. They were instrumental in the Ukraine scandal that led to former president Donald Trump's first impeachment. See more stories on Insider...
Tags: Europe, Politics, News, Media, Law, Vladimir Putin, Obama, Congress, Senate, White House, Russia, New York City, US, Trends, Reagan, Joe Biden

National Guard member's arrest marks fourth service member charged in Capitol riot

In this Jan. 6, 2021 file photo rioters supporting President Donald Trump storm the Capitol in Washington. AP Photo A member of the Wisconsin National Guard was arrested Monday over his role in the Capitol attack. Abram Markofski is the fourth service member to face federal charges over the January 6 insurrection. A federal judge released Markofski Monday pending a virtual May 10 hearing. See more stories on Insider's business page. Authorities arrested a member of the Wisconsin Natio...
Tags: Politics, Washington Post, Washington, Defense, Trends, Military, Washington Dc, Wisconsin, Associated Press, Donald Trump, Madison, Justice Department, Nelson, Trump, Capitol, National Guard

Prisoners Enforcing their Rights

Here is the outcome of a twitter poll on prisoner lawsuits. The poll was prompted by the pending lawsuit of Tormasi v. Western Digital. Tormasi is a patentee and has sued Western Digital for patent infringement.  The district court dismissed his case and that finding was affirmed by the Federal Circuit.  Both courts held that as a prisoner in N.J. state prison, Tormasi has lost his right to conduct any business, including enforce his patent rights.   The case is pending on a petition for writ o...
Tags: Law, Patent, Western Digital, Tormasi, Western Digital Tormasi, Federal Circuit Both

Anti-Counterfeit Tag Team #2

Securing the cooperation of the online platforms on which the counterfeiting activity takes place is a must.
Tags: Amazon, Law, Intellectual Property, Gucci, Ferragamo, Gaston Kroub

Prohibiting Harmless Consensual Or Self-Regarding Acts By Adults Is Bad Law And Policy

Overcriminalization results in tremendous and unnecessary human costs, so why is it so difficult to scale back the law?
Tags: Crime, Law, Police, Tyler Broker, Overcriminalization

How To Talk To Asian Americans* Right Now

There's a difference between authentic support and virtue signaling.
Tags: Law, Racism, Ed Sohn

Proposed Rules Under the Legal Aid Services Act, 2020: Impact on Community Legal Clinics

In July 2020, the Ontario Legislative Assembly enacted new legislation governing the provision of legal aid in the province, Legal Aid Services Act, 2020 (“2020 Act”). The legislation does not come into force until it has been proclaimed by the Lieutenant-Governor and that won’t happen until new rules have been finalized. The board of Legal Aid Ontario (LAO) (called “the Corporation” under the 2020 Act) has the authority under section 46 of the 2020 Act to make rules governing the provision of l...
Tags: Justice, Law, ESP, Ontario, Corporation, Parkdale, Lao, Justice Issues, Substantive Law: Legislation, Law Society of Upper Canada, Legal Aid Ontario, MJM, Osgoode Hall Law School, Legal Aid Ontario LAO, Gavigan, Parkdale Community Legal Services

Exclusive: Ruth Bader Ginsburg’s Law School Textbook To Be Sold At Auction

The highest bidder may be paying at least $10,000 to own a piece of legal history.
Tags: Books, Law, Courts, Ruth Bader Ginsburg, Law Schools, Heritage Auction

New federal defender laments BOP's response to COVID and the FIRST STEP Act

The Federal Public and Community Defenders sent this new letter today to Senate Judiciary Committee leaders to follow up on the April 15 oversight hearing concerning the Federal Bureau of Prisons.  The 16-page letter covers a lot of ground, and here are excerpts: For too long, DOJ and BOP have ignored congressional directives to prioritize the safety and rehabilitation of individuals in its custody, and left tools provided by Congress unused. These failures have been exacerbated by a culture th...
Tags: Law, Congress, Fsa, Doj, IRC, Senate Judiciary Committee, Federal Bureau of Prisons, Bop, Douglas A Berman, Federal Public and Community Defenders, COVID

How To Create A Strong Personal Brand Through Storytelling And Digital Content

Not sure where to begin building your personal brand? Here are some tips to get you started.
Tags: Law, Linkedin, Biglaw, Personal Brand, Wendi Weiner

Trial of ex-soldiers over 1972 killing of Official IRA member collapses

Two army veterans acquitted of Joe McCann’s murder after judge ruled some evidence inadmissibleTwo former British army paratroopers accused of murdering an Official IRA commander during the Troubles have been acquitted after their trial in Northern Ireland collapsed.The two veterans, known as soldiers A and C, had been accused of murdering Joe McCann on 15 April 1972, in a closely watched trial with political ramifications. Continue reading...
Tags: UK News, Military, Northern Ireland, British Army, Belfast, Ira, Joe Mccann, Official IRA

CMS Finalizes New Rules For ACA Exchanges In 2022: 5 Key Provisions

CMS has adopted several new rules that will change how the Affordable Care Act exchanges operate next year. These include rules that will lower out-of-pocket consumer spending by $400 and widen eligibility for gaining health coverage outside of the designated ACA open enrollment period.
Tags: Law, Cms, Health Care / Medicine, Healthcare Docket

Troubled Law School Dealt Another Setback

There just doesn't seem to be an end of the trouble for Florida Coastal Law.
Tags: Florida, Law, Student Loans, Law Schools, ABA Standards, Florida Coastal School of Law, Florida Coastal, Peter Goplerud

Notable NY politician gets furlough from BOP as he is "considered for home confinement"

When I saw the headline of this new New York Post piece, "Sheldon Silver released early on furlough after less than a year in prison," I thought the paper was misusing a term because furloughs from federal prison seem extraordinarily rare. But the story explains it has the right term: Disgraced former New York Assembly Speaker Sheldon Silver has been sprung from federal prison early on furlough — while he awaits a decision from the agency on whether he can serve out the remainder of his term in...
Tags: Post, New York Post, Law, Associated Press, Silver, Doj, Albany, Sheldon Silver, Southern District of New York, New York Assembly, Valerie Caproni, Orange County New York, Bureau of Prisons, Bop, Douglas A Berman, Bureau of Prisons BOP

Use Racial Slurs In The Classroom!

Yes, a law review article really argues that.
Tags: Law, Racism, Law Schools, Law Professors, LawProfBlawg

Discovery of Prior Settlement Agreements and Common Interest Privilege

by Dennis Crouch In re Modern Font Applications LLC (Fed. Cir. 2021) The Federal Circuit denied MFA’s petition for mandamus on a discovery dispute, and Chief Judge Prost but wrote an interesting short opinion explaining the panel’s reasoning.  In the case, MFA has asserted its U.S. Patent No. 9,886,421 that covers  a method of displaying “non-standard fonts” on your handheld device when accessing a network-document. Alaska Airlines is the defendant in this case and submitted a discovery request...
Tags: Law, Cheney, Patent, Alaska Airlines, Fed, MFA, Federal Circuit, Prost, FRCP, Dennis Crouch, Modern Font Applications LLC Fed, MSTG Inc

5:45 a.m.

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

As UK nears zero Covid deaths, there’s good reason for optimism

Analysis: the vaccine strategy and staggered easing of restrictions have worked well. The next step is crucialCoronavirus – latest updatesSee all our coronavirus coverageThe handling of the coronavirus crisis in the UK has provided few moments to celebrate, but the day we reach zero deaths from the disease will clearly be one to toast. That day may not be far off. On Tuesday, the UK reported four Covid deaths within 28 days of a positive test. On Monday it was only one. Months of painful lockdow...
Tags: Health, UK, Science, Biology, Society, UK News, Medical Research, Infectious Diseases, Microbiology, Vaccines and immunisation, Coronavirus

DeSantis Signs Bill Preventing COVID-19 Passport Use At Florida Sporting Events

The move could have a major effect on Florida's sports and tourism industries.
Tags: Florida, Law, Sports, Darren Heitner, Coronavirus, COVID-19, Florida Sporting Events

"Alex Lugger, 32, a boat marketer in Springfield, Mo., said that she self identifies as a bit cheugy.... 'We were basic in our 20s and now we’re cheugy in our 30s'...."

"Cheugy is just the latest in a long line of niche identifiers that have gained traction on the internet, where people relentlessly categorize highly specific archetypes in starter pack memes and videos. It’s no coincidence that cheugy gained traction on TikTok, a platform that has functioned as an escape from Instagram’s once dominant aesthetic, which is the pinnacle of cheugy.... [W]hat is and isn’t cheugy is highly subjective and changing quickly. 'It’s really easy to identify cheugy things o...
Tags: Fashion, Instagram, Law, New York Times, Slang, Springfield MO, Ann Althouse, Alex Lugger

Biglaw Firm Announces Phased Transition Back To Work That’s Sure To Please Associates

This plan will be a hit because employees are being gently eased back into office life.
Tags: Law, Biglaw, Lowenstein Sandler, COVID-19, Law Firm Reopenings, Please Associates

Insurance Agents/Brokers – Risk Management Matters

For insurance agents & brokers, a recent case highlights the importance of good risk management procedures, particularly documenting a thorough process. Agents and brokers risk management can provide protection from claims, and reduce an agency’s E&O insurance premiums.
Tags: Insurance

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