Society


 

Argument preview: Justices to consider whether the Appalachian Trail blocks proposed natural gas pipeline

On Monday, February 24, the Supreme Court will hear argument in U.S. Forest Service v. Cowpasture River Preservation Association and Atlantic Coast Pipeline LLC v. Cowpasture River Preservation Association. These consolidated cases pit a pipeline developer and the U.S. Forest Service against environmental groups that want to halt the pipeline’s construction and protect the Appalachian Trail. The court will have to construe several statutes, including the Mineral Leasing Act, which promotes pipel...
Tags: Featured, Supreme Court, Law, Congress, Virginia, West Virginia, Georgia, Atlantic, United States, Maine, North Carolina, East Coast, Forest Service, Marcellus Shale, Duke Energy, National Park Service


Modern Patent Interpretation Reviewed

In Seedlings Life Science Ventures, LLC v. Pfizer Canada ULC, 2020 FC 1, Mr. Justice Sébastien Grammond presided over a patent infringement action in the Federal Court of Canada. The review is a helpful reminder of the modern approach to interpret patent claims. Seedlings Life Science Ventures, LLC (Seedlings) is an early-stage health-care research and product development company. It alleges that Pfizer Canada ULC (Pfizer), infringes Seedings patent by selling in Canada an auto-injector commonly...
Tags: Supreme Court, Law, Court, Canada, Pfizer, Intellectual Property, Whirlpool, Whirlpool Corp, Hyundai Heavy Industries Co Ltd, Federal Court of Canada, FCR, Federal Court of Appeal, Teva Canada Limited, Sattva Capital Corp, Creston Moly Corp, Apotex Inc


A private plane and a yacht can be deducted on your taxes? Ask the lawyer

Q: We are going through all of our records now as we get ready to do our tax return. We came across information that seems hard to believe, like a private plane or even a yacht deduction. Is that on the level? -J.S., Torrance Ron Sokol A: Research indicates there is a deduction for a private plane, if the plane is either used for non-recreational purposes or leased to a flight school. In that event, the purchase price and costs of maintenance are valid deductions. This is known as “bonus dep...
Tags: News, Law, Sport, Soccer, Laguna Beach, Manhattan Beach, El Segundo, Top Stories LADN, Top Stories OCR, Top Stories PE, Top Stories IVDB, Top Stories RDF, Top Stories Sun, Top Stories Breeze, Top Stories LBPT, Top Stories WDN


Not the Usual Haircut

All kinds of stores and shops in Shanghai have been closed for weeks. This past Tuesday, I went for a walk and noticed that a few barber shops were open. Yesterday I decided to finally get my first haircut of 2020. It was a somewhat unusual haircut. They took my temperature first. Everyone in the place wore a face mask (which has to be partially removed during the haircut to cut around the ears), and there was lots of disinfecting between haircuts. Hopefully we’ll put this coronav...
Tags: Society, Personal, Current Events, Shanghai, Linguistics, Coronavirus, 2019-nCoV


Three New Law School Concepts

It is possible that traditional law schools will reinvent themselves structurally from the ground up and become exemplars of innovative 21st-century lawyer formation. It is also possible that I will play Polonius, the irritating giver of unwanted advice, in the Royal Shakespeare Company’s next production of Hamlet. Both these scenarios would be welcome (especially Act III, scene iv, when the advice-giver behind the curtain finally gets what’s coming to him). More likely, however, the reinvention...
Tags: Law, Nova Scotia, Royal Shakespeare Company, Richard, Law School, Daniel Susskind, Ryerson University, Legal Education, Practice Of Law, Corporate Legal Operations Consortium CLOC, Center for Professional Legal Education, Alberta Saskatchewan Manitoba


A glimpse behind the scenes at Althouse.

Just a stray example of the sort of comment that doesn't make it through moderation (click to enlarge and clarify):Spam comments tend to begin with a big compliment. Some of the real commenters here begin with a compliment. I wonder if they realize how much they're matching up with the spam I see every day. ADDED: Feel free to debate the general proposition: Compliments are spam. [Author: [email protected] (Ann Althouse)]
Tags: Law, Blogging, Spam, Ann Althouse, Althouse


"boned... too much..."

(Gizmodo).Made me think of this great song:Ooh, and it's alright and it's coming onWe gotta get right back to where we started fromLove is good, love can be strongWe gotta get right back to where we started fromNOTICED AFTER PUBLISHING: The science story is about crows and the singer is named Nightingale. I love accidental rhymes like that. And love is good, love can be strong... and who's to say when you've "boned... too much..."?NOW: You might wonder, Althouse, if you're reminded of a "get bac...
Tags: Music, Law, Birds, Evolution, Gizmodo, Beatles, Nightingale, Ann Althouse, Althouse, Loretta Martin, JJ Cadiz


If it's a good idea to put Harriet Tubman's image on U.S. currency, why isn't it also okay to use her on this debit card? Is it that the user is a bank? Or is it that hand gesture?

Our limited-edition Harriet Tubman Visa Debit Card is a symbol of Black empowerment. Don’t miss out! #GetTheCard today! #HarrietTubman #BlackHistoryMonth #BankBlackhttps://t.co/LWbOmRjNcy pic.twitter.com/okLTuJskXC — OneUnited Bank (@oneunited) February 13, 2020 I'm reading "This Black-Owned Bank Put Harriet Tubman on a Debit Card and Social Media Lost It/OneUnited president and artist stand behind the design" (AdWeek).AdWeek quotes 2 tweeters:• "Harriet didn’t die for this" — Didn't die for b...
Tags: Art, Money, Law, Love, Freedom, Commerce, Beverly Hills, Slavery, Snl, Gestures, Harriet, Treasury Department, Harriet Tubman, Ann Althouse, Race And Pop Culture, OneUnited Bank


Argument preview: Justices to consider availability of punitive damages under FSIA

Flag of Sudan In August 1998, truck bombs exploded outside the U.S. embassies in Tanzania and Kenya, killing more than 200 people and leaving more than a thousand others injured. Next week the Supreme Court will hear oral argument in a lawsuit brought by the victims and their family members against Sudan, seeking to recover damages for that country’s support of al Qaeda, which carried out the bombings. A federal district court in Washington, D.C., awarded the plaintiffs billions of dollars, bu...
Tags: Featured, Merits Cases


“It’s a major award!”

I hate tooting my own horn. It usually comes off as self-serving and tasteless. But, sometimes it’s unavoidable. Today is one of those days. I’m being honored by the Cleveland-area chapter of the National Association of Social Workers as its Public Citizen of the Year.  Full disclosure. When I received the first email about this I thought it was some kind of scam. Why is a management-side employment lawyer receiving such an honor?  Here’s why—  Jon Hyman's Ohio Employer'...
Tags: Law, Cleveland, Jon Hyman, National Association of Social Workers


Marine, Navy vets recall Battle of Iwo Jima on 75th anniversary of bloody WWII conflict

Tony Cappa remembers lying on a beach at Iwo Jima on Feb. 20, 1945, the second day of what would become one of the Marine Corps’ bloodiest battles. “We were taking a little bit of rifle fire and the sand — from the sulfur — was really warm,” the 98-year-old Marine, who served with the 4th Marine Division, recalled. “We stayed on Orange Beach by the second airfield for a day and a half. I remember seeing the first flag go up on Suribachi, then it went down and I thought, oh (expletive), they reca...
Tags: News, Navy, Massachusetts, Sport, Afghanistan, Marine, Soccer, Military, Korea, Marine Corps, Marines, Pledge Of Allegiance, San Diego, National Anthem, Steve, Southern California


Patently-O Bits and Bytes by Juvan Bonni

Recent Headlines in the IP World: Louis Columbus: Ford Is Learning Fast From Alphabet & Apple How To Compete With Patents (Source: Forbes) Merrit Kennedy: U.S. Prosecutors Hit Huawei With New Federal Charges (Source: NPR) David Phelan: Apple Patent Reveals Possible Radical Apple Watch 6 Design Upgrade (Source: Forbes) Alex Luft: GM Files To Trademark Hummer In U.S. And Canada (Source: GM Authority) Jeremy Horwitz: Apple Seeks to Patent Machine Learning Correction of GPS Estimates (Source: T...
Tags: Law, Ford, Uspto, Npr, Huawei, Patent, Koenig, Louis Columbus, David Phelan, Bits and Bytes, Juvan Bonni, Fiala Weaver, Forbes Merrit Kennedy, Forbes Alex Luft, GM Authority Jeremy Horwitz, Lexology Hristina Georgieva


Argument preview: What does it mean to “induce” or “encourage” unlawful presence?

Few lawyers would accuse the Immigration and Nationality Act of being well drafted. The current law was enacted in 1952, but includes bits and pieces dating back to the founding era, along with major new features that are not always well integrated into the whole. In addition to evoking memories of a time when congressional relief for unauthorized migrants was more possible, United States v. Sineneng-Smith offers a master class in interpreting a creaky, complex statutory structure. Put simply, t...
Tags: Featured, Supreme Court, Law, Congress, United States, Las Vegas, Trump, 9th Circuit, U S Court of Appeals, Department of Labor, California New York, Eugene Volokh, INA, Merits Cases, Volokh, Andrew Hurwitz


Argument preview: Calling (PLRA) strikes

In 1996, Congress passed the Prison Litigation Reform Act, which tightened up prisoners’ access to federal civil litigation in many ways. The statute was written hurriedly, and rarely does a year go by without a Supreme Court decision addressing some issue of its interpretation. This term’s case is about the PLRA’s “three strikes” provision, 28 U.S.C. § 1915(g). Absent “imminent danger of serious physical injury,” the provision prevents prisoners from filing or appealing a federal civil action i...
Tags: Featured, Supreme Court, Law, Congress, Colorado, Ross, Jones, Blake, U S Court of Appeals, Lomax, Bock, Council of State Governments, Merits Cases, MacArthur Justice Center, PLRA, Northwestern Pritzker School of Law


7th Circuit concludes employer should have advised injured employee of FMLA rights even after employee went AWOL

Buddy Phillips injured his ribs while playing with his grandchildren. Over the next two weeks, he called his employer, United Trailers, to report he would miss work. Eventually, however, he stopped making these phone calls. When he failed to show up at work for three straight days without giving notice, United fired him under its attendance and reporting-off policy. He sued, claiming that United interfered with his rights under the FMLA by failing to advise him of his rights under the statute...
Tags: Law, United, Phillips, 7th Circuit, FMLA, Jon Hyman, Buddy Phillips, United Trailers, United Trailers the 7th Circuit Court of Appeals, FMLA Phillips, United Under the regulations United, United Trailers Importantly, Gage Walker


What is classical liberalism? | Classical Liberalism

The moral and political philosophy known as classical liberalism is built around a number of core concepts, including, perhaps most importantly, human dignity and individual liberty. Emily Chamlee-Wright, president of the Institute for Humane Studies, introduces these two principles as forces that shape the liberal notion of justice. This applies to both individuals' treatment of others, as well as the government's treatment of individuals.This just conduct contributes to the liberal ideal: the ...
Tags: Politics, Media, Government, Society, History, Policy, Peace, United States, Innovation, Protests, Philosophy, Speech, Institute for Humane Studies, Emily Chamlee Wright


Closings and Escrow: Land Survery Shows Half My House on Neighbors Land - Bought 7 Years Ago

My question involves real estate located in the State of: South Carolina We purchased a home(with title insurance) 7 years ago this October. The land had no formal survey done as it was not required in my state. The title simply says that it borders such and such property and that is it. We are now selling the home and moving on. We are a bit over 2 weeks from closing and the neighbor walks over to me tonight and hands me a survey paper. The new buyer had wanted to do a survey and when I notic...
Tags: Law, House, Buying, South Carolina, Selling and Conveying Real Estate


Tuesday round-up

Briefly: At HuffPost, Daniel Marans notes that “[e]xpanding the Supreme Court, an increasingly popular reform among some progressive activists, is not politically costly for Democrats, according to an academic survey commissioned by a group that supports the idea.” Veronica Stracqualursi reports at CNN that Senate Majority Leader Mitch McConnell last week “reiterated his position that the GOP-led Senate would confirm a nominee to any Supreme Court vacancy that occurred this election year, despi...
Tags: Supreme Court, Law, Montana, Senate, Barack Obama, Cnn, Gop, United States, New York Times, Mitch McConnell, Vox, Round-up, The Supreme Court, Ian Millhiser, Montana Department of Revenue, Consumer Financial Protection Bureau


Event announcement: “Repugnant Laws”: A book event with Keith Whittington

On Friday, February 21, at 9:00 a.m. ET, the American Enterprise Institute will host a discussion between Professors Adam White and Keith Whittington on Whittington’s recent book, “Repugnant Laws: Judicial Review of Acts of Congress from the Founding to the Present,” a study of Supreme Court decisions on the constitutionality of acts of Congress. The talk will cover Whittington’s study, the historical trends it reveals and how we should understand the court’s role in our constitutional republic....
Tags: Supreme Court, Law, Congress, Adam White, Whittington, Keith Whittington, Event Announcements, ET the American Enterprise Institute


Marine vets recall Battle of Iwo Jima on 75th anniversary of bloody WWII conflict

Tony Cappa remembers lying on a beach at Iwo Jima on Feb. 20, 1945, the second day of what would become one of the Marine Corps’ bloodiest battles. “We were taking a little bit of rifle fire and the sand — from the sulfur — was really warm,” the 98-year-old Marine, who served with the 4th Marine Division, recalled. “We stayed on Orange Beach by the second airfield for a day and a half. I remember seeing the first flag go up on Suribachi, then it went down and I thought, oh (expletive), they reca...
Tags: News, Navy, Massachusetts, Sport, Afghanistan, Marine, Soccer, Military, Korea, Marine Corps, Marines, Pledge Of Allegiance, San Diego, National Anthem, Steve, Southern California


The Geek in Review Ep. 68 – The Innovative Concept of Legal Writing in Plain English

The legal industry relies upon the writings and communications of lawyers, judges, and lawmakers. For the citizens and clients who are subject to these legal writings, understanding the legalese is painfully frustrating. We were asked by a fan of the show (in full disclosure, it was Greg’s sister-in-law Wendy) why lawyers can’t write in plain English. We pulled together a panel of four experts on legal communications and asked them just that. It turns out that writing in plain English is not...
Tags: Podcast, Legal, Writing, Law, Uncategorized, Toronto, Communications, Data Analytics, Wendy, Greg, Myers, Guthrie, Evan Parker, Marlene, Neil Guthrie, O'Melveny


Wednesday round-up

Greg Stohr reports at Bloomberg that “[t]he Consumer Financial Protection Bureau’s independence, designed by a Democratic-controlled Congress to insulate the agency from political pressure, now risks being its downfall,” as the court gets ready to hear argument in a constitutional challenge to the structure of the bureau, Seila Law v. CFPB. At Reuters’ On the Case blog (via How Appealing), Alison Frankel writes that “the CFPB has found an unlikely champion” in the case”: “The Trump administratio...
Tags: Google, Supreme Court, Law, Congress, Bloomberg, Louisiana, Usa Today, Smith, Justice Department, Forest Service, Round-up, Reuters, Antonin Scalia, New Republic, U S Supreme Court, Alison Frankel


Effective looks at an effective look at the reality of community supervision

I have now seen a number of positive review of the new book by Jason Hardy, The Second Chance Club: Hardship and Hope After Prison.  Here is the description of the book from the publisher's website: A former parole officer shines a bright light on a huge yet hidden part of our justice system through the intertwining stories of seven parolees striving to survive the chaos that awaits them after prison in this illuminating and dramatic book.  Prompted by a dead-end retail job and a vague desire t...
Tags: Law, US, New Orleans, Louisiana, Hardy, Jason Hardy, Douglas A Berman, Reginald Dwayne Betts, Keith Humphreys, Lewis Beale, Second Chance Club


Leadership Playground

LRC develops future leaders by using hands-on practice in tackling both leader and follower roles Developed by a German psychologist in the 1920’s, the concept of a Leaders’ Reaction Course was used to train and evaluate candidates to become military officers. The course used a series of observed physical team-building and critical-thinking exercises to assess the rapid learning ability and emotional intelligence of the participants. Today, evolved versions of LRCs are used around the world in ...
Tags: Leadership, Uncategorized, Military, Air Force, Usaf, Clayton, LRC, Officer Training School, Maxwell Air Force Base Alabama, Loe, Future Of The Air Force, AETC, AF Leaders, Lethal and Ready, Developing Exceptional Leaders, Squadron Officers Course at Air University


Proof that the Infringer was Notified of the Infringement

by Dennis Crouch Arctic Cat Inc. v. Bombardier Recreational Prods. Inc. (Fed. Cir. 2020) This case involves the notice requirement for collecting back-damages in patent cases.  35 U.S.C. 287(a) creates a system for limiting back-damages in instances  where a patentee fails to mark its patented articles as patented. In the event of failure so to mark, no damages shall be recovered by the patentee in any action for infringement, except on proof that the infringer was notified of the infringement a...
Tags: Supreme Court, Law, Warner, Honda, Patent, Bombardier, Fed, Coupe, Schofield, McKeon, Dunlap, Federal Circuit, Royer, Dennis Crouch, Arctic Cat Inc, Arctic Cat


At the New Snow Café...

... you can talk about whatever you like.And here's a little snow panorama (click and click again to enlarge): [Author: [email protected] (Ann Althouse)]
Tags: Photography, Law, Trees, Snow, Ann Althouse, New Snow Café


Tips Tuesday

Here are excerpts from the most recent tips on SlawTips, the site that each week offers up useful advice, short and to the point, on practice, research, writing and technology. Research & Writing The Neil Guthrie As used (or not) in the names of countries. One does still occasionally hear or see the Ukraine, but be careful not to use that around people of Ukrainian origin. They can get very shirty about it. Their point is that the definite article the makes the country sound more like a region, ...
Tags: Law, Ukraine, Midwest, Tips Tuesday, Neil Guthrie


Moonlighting Issue

This question is in regards to a quasi-federal railroad agency. The corporation has a moonlighting policy that allows you to work a second job, so long as it isn't a conflict of interest or in the transportation industry. All "crafts" are allowed to work their expertise on the side (IE Electricians, Carpenters, etc), with the exception of the police "craft". The police "craft" has a restriction that employees can not work secondary police or security jobs. Furthermore, the corporation allo...
Tags: Law, Employment and Labor


Wednesday: What’s Hot on CanLII

Each Wednesday we tell you which three English-language cases and which French-language case have been the most viewed* on CanLII and we give you a small sense of what the cases are about. For this last week: 1. Gichuru v. Vancouver Swing Society (No. 3), 2020 BCHRT 1 (CanLII) [242] The Tribunal has rarely had to consider the issue of vexatious litigants in the context of its own decisions, and the VSS was unable to identify any decisions in which an award was made against a party to a complaint...
Tags: Law, Williams, Tribunal, Wednesday: What's Hot on CanLII, Ontario Inc, Gichuru, Willms, Continental Bank, VSS, Binet, Vancouver Swing Society No, Alison R Manzer, QCCDPHA


Abuse victim Manny Waks wins $800,000 in damages from paedophile David Cyprys

Waks, now an advocate for Jewish abuse victims, was one of a number of children Cyprys abused at Melbourne’s Chabad Yeshivah centreA child abuse victim who blew the whistle on abuse within the Orthodox Chabad sect of Judaism in Australia has been awarded $804,170 in damages in a civil case brought against his perpetrator and serial abuser, David Cyprys, in Melbourne.Manny Waks was about 13 years old when he was first abused by Cyprys at the Elwood synagogue, and he was also abused at the Chabad ...
Tags: Law, Australia, Israel, Australia news, Middle East and North Africa, Melbourne, Crime - Australia, Extradition, Elwood, Malka Leifer, Waks, Manny Waks, David Cyprys, Cyprys, Chabad Yeshivah



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