Thursday Thinkpiece: Loss & Damage From Climate Change–A Maturing Concept in Climate Law?

Periodically on Thursdays, we present a significant excerpt, usually from a recently published book or journal article. In every case the proper permissions have been obtained. If you are a publisher who would like to participate in this feature, please let us know via the site’s contact form. Loss & Damage from Climate Change: A Maturing Concept in Climate Law? Forthcoming in a special issue of Climate Policy: Loss and Damage after the Paris Agreement Dr. Meinhard Doelle, Professor of Law at Sc...
Tags: Law, Ipcc, Paris, International criminal court, Un, Warsaw, Strauss, Benjamin, Allen, McNamara, Permanent Court of Arbitration, Byers, Humphreys, Fankhauser, International Tribunal, International Court of Justice ICJ

Model Protective Order for Federal Court

The Federal Court is trying to clarify the scope and typical terms of confidentiality and protective orders for use in the court. Keeping confidential information can be a key consideration in intellectual property proceedings where the adverse party is often a direct competitor and the subject matter of the dispute touches on trade secrets and business plans. Since my previous column on this subject (see Protecting Your Confidential Intellectual Property Information in Court, May 2017), a split...
Tags: Law, Court, Intellectual Property, Sierra Club, Federal Court, Supreme Court of Canada, BNSF Railway Company, Pfizer Canada Inc, Google Canada Corporation, Arkipelago Architecture Inc, Seedlings Life Science Ventures LLC, Canadian National Railway Company, Model Protective Order for Federal Court, Confidentiality Orders see Federal Court, Web LLC, Soldan Fence

"Criminal Justice Reform in the Fentanyl Era: One Step Forward, Two Steps Back"

The title of this post is the title of this notable new report from the Drug Policy Alliance. Here is part of its executive summary: The U.S. is in the throes of a deadly overdose crisis that claimed almost 70,000 lives in 2018. Of those, around 30,000 deaths involved synthetic opioids like fentanyl.  Policymakers have responded to the overdose crisis with a rhetorical emphasis on “treatment instead of incarceration,” leading journalists to comment that we are in the midst of a “gentler war on ...
Tags: New York, Law, Congress, Senate, Washington Dc, House, Cuomo, Douglas A Berman, Drug Policy Alliance Here

The Power of a Smile

One smile is all it takes to improve your mood, energy, and overall health. One smile is all it takes to help someone have a better day. One smile is all it takes to make a difference in this world. One smile can make a powerful impact that ripples past our immediate surroundings. In 2019, Eliud Kipchoge created a new world record and succeeded in becoming the first person ever to run a marathon (26.2 miles or 42.2 kilometers) in less than two hours. He tackled and prevailed against a challenge ...
Tags: Law, Eliud Kipchoge, University of Ulster, Practice Of Law, Noel Brick, Brian Luke Seward

Now available on Oyez: This week’s oral argument audio aligned with the transcripts

Oyez has posted the aligned audio and transcripts from this week’s oral arguments at the Supreme Court. The court heard argument this week in: Shular v. United States GE Energy Power Conversion France v. Outokumpu Stainless USA Espinoza v. Montana Department of Revenue The post Now available on Oyez: This week’s oral argument audio aligned with the transcripts appeared first on SCOTUSblog.
Tags: Supreme Court, Law, Oyez, Merits Cases, Montana Department, Shular, United States GE Energy Power Conversion France, Outokumpu Stainless USA Espinoza

What does it mean to be "similarly situated" for purposes of proving discrimination?

The Ohio Department of Public Safety fired Morris Johnson, an African American state trooper, after he sexually harassed multiple women while on duty. He claimed that his termination was because of his race, and pointed to David Johnson, a White trooper, who he claimed committed similar harassment but was not fired. The 6th Circuit Court of Appeals disagreed, concluding that the two Johnsons were not "similarly situated in all relevant respects." Morris Johnson and David Johnson are b...
Tags: Law, Department, David Johnson, New York City USA, 6th Circuit Court of Appeals, Jon Hyman, Marnie Joyce, Morris Johnson, Ohio Department of Public Safety, David Johnson a White

At the Snowfall Café...

... you can talk all night. [Author: [email protected] (Ann Althouse)]
Tags: Photography, Law, Trees, Snow, Ann Althouse

After all these years, the Lamb of God is looking at you.

That's a closeup of the central figure in the Ghent Altarpiece, before and after restoration. The great masterpiece by Hubert and Jan Van Eyck (1432) had been painted over in the 16th century, and people had gotten used to the eyes way off to the side. But the image on the right puts the eyes back where Hu and Jan had them.I'm reading "Ghent Altarpiece: Lamb's 'alarmingly humanoid' face surprises art world" (BBC). Smithsonian Magazine is quoted saying "These features are 'eye-catching, if not al...
Tags: Art, Eyes, Law, Wikipedia, Bible, Christianity, Belgium, Jesus, Sheep, John, Lions, Hubert, Judah, John the Baptist, Jan, Hu

Petitions of the week

This week we highlight petitions pending before the Supreme Court that address, among other things, whether the due process and equal protection clauses prohibit states from imposing substantial financial burdens on indigent parties seeking judicial review, whether it violates the First Amendment to designate a labor union to represent and speak for public-sector employees who object to its advocacy on their behalf, and whether the Federal Arbitration Act permits a court to refuse to enforce the...
Tags: Supreme Court, Law, United States, Force, Garrett, Facebook Inc, University of Maine, TCPA, Barr, Ultimate Software Group Inc, Beers, Cases in the Pipeline, Duguid, Reisman, Malpasso, Pallozzi

ABA Report: 2020 Legal Research Trends

Here is a recent Daily Record column. My past Daily Record articles can be accessed here. ***** ABA Report: 2020 Legal Research Trends It used to be that legal research was expensive. There weren’t a lot of choices so most law firms simply paid exorbitant prices for access to case law, statutes, and treatises. But then along came the Internet, and it changed everything.These days, with the rise of increasingly affordable legal research platforms and mobile apps, lawyers now have a   vast ar...
Tags: Google, New York, Law, Web/Tech, American Bar Association, Thomson Reuters, Cornell, Aba, Casetext, ABA Journal, Fastcase, Casemaker, RIA, Rochester New York, Westlaw, CCH

The symmetry of gender politics.

From "National 2020: Biden and Sanders Battle in Two-Way Race for Democratic Nomination" (Emerson College).In potential head-to-head matchups for the November election, all top candidates are well within the margin of error, President Trump trails Sanders 51% to 49%, is tied with Warren and Biden at 50% each and leads Buttigieg at 51% to 49%.Okay, what I want to know then is what's the gender difference in support for the various Democrats. That new Emerson poll seems to nudge Democrats to think...
Tags: Law, Warren, Biden, Bernie Sanders, Polls, Trump, Sanders, Emerson, Buttigieg, Ann Althouse, Gender Politics, 2020 Campaign, Sanders Battle, Democratic Nomination Emerson College

Lincoln’s law: How did the Civil War change the Constitution?

During the Civil War, Abraham Lincoln decided to suspend habeas corpus, a protection in the Constitution that prohibited imprisonment without a trial.From Lincoln's point of view, following the law to the letter during that unprecedented and pivotal moment in history (i.e. the threat of war and secession from the Union) would put lawfulness itself at risk, so some restrictions of civil liberties were necessary.The war and the president's actions changed how the founding document is interpreted a...
Tags: Politics, Democracy, Government, Society, History, War, Policy, Peace, Military, United States, Terrorism, Innovation, Slavery, Lincoln, Justice System, Abraham Lincoln

Thanks for All the Fish

When the late Simon Fodden (RIP) asked me to write a column for Slaw, “Canada’s online legal magazine,” I welcomed the opportunity. I could write for a Canadian and global legal audience about foreign, comparative, and international law (FCIL) information resources and about FCIL librarianship as a career. I could help fill in an information gap for this very special law librarian career path. I joined Slaw in 2010, its fifth year in existence, as a “Legal Information” columnist. My first column...
Tags: UK, Law, Congress, Africa, Canada, United Nations, Un, Douglas Adams, American Association of Law Libraries, UN Library, Legal Information, FCIL, Jennifer Allison, Simon Fodden, Steve Matthews, GlobaLex

Thursday round-up

Amy Howe analyzes yesterday’s argument in Espinoza v. Montana Department of Revenue, which asks whether Montana’s invalidation of a law that created tax credits to provide scholarships for families who send their children to private schools, including religious schools, was constitutional, for this blog, in a post that first appeared at Howe on the Court. Mark Walsh has a first-hand view of the argument for this blog. [Disclosure: Goldstein & Russell, P.C., whose attorneys contribute to this blo...
Tags: New York Post, Supreme Court, Law, Montana, Senate, Npr, Los Angeles Times, Round-up, Reuters, John Roberts, Roberts, Howe, Jess Bravin, Nina Totenberg, The Hill, Lomax

Friday round-up

At The Daily Signal, Elizabeth Slattery highlights “five key exchanges” from Wednesday’s argument in Espinoza v. Montana Department of Revenue, which asks whether Montana’s invalidation of a law that created tax credits to provide scholarships for families who send their children to private schools, including religious schools, was constitutional. In an op-ed for The Washington Post (subscription required), Monica Kristin Blair argues that “[i]n addition to breaking down the separation of church...
Tags: Florida, Supreme Court, Law, Washington Post, Montana, Washington, Nbc News, Arizona, Trump, Round-up, U S Supreme Court, McKinney, Florida Supreme Court, Adam Feldman, Hurst, Tampa Bay Times

When does a Logo Undermine a Design Patent Case?

by Dennis Crouch I have written a few posts about the design patent infringement case  Columbia Sportswear North America, Inc. v. Seirus Innovative Accessories, Inc.  In November, the Federal Circuit vacated the lower court’s summary judgment of infringement — holding that logo placement in this case might allow the defendant to avoid an infringement judgment.  This holding is in tension with the court’s 1993 decision in L.A. Gear, Inc. v. Thom McAn Shoe Co., 988 F.2d 1117 (1993). In the last p...
Tags: Law, Patent, White, Columbia, Gorham, Federal Circuit, Dennis Crouch, Amici, Seirus, Christopher Carani, Perry Saidman, Gear Inc, Columbia Sportswear North America Inc, Seirus Innovative Accessories Inc, Tracy Gene Durkin Robert Katz, Industrial Designers Society of America Inc

Introducing CanLII’s Latest Research Tools: Decision Highlights and a Powerful New Noteup ✨

We are very excited – and this is a word we don’t use lightly here at CanLII – to present two improvements to the search experience on Legal research generally involves (1) understanding what a case is about, and (2) analysing how a case had been considered in subsequent cases. To help out, we’ve come up with a few features for conducting efficient legal research. 1) Decision highlights and paragraph-level note-ups: A faster way to understand what a case is about. Decisions are g...
Tags: Law, Canada, BC, Carter, Rodriguez, Scoville, SCC, CCH, Legal Information: Publishing, BCSC, Latest Research Tools, Advanced Legal Analytics

The enduring allure of Robin Hoods

Society’s fascination with robbing the rich to feed the poor, whether fabricated or in real life, reveals a profound longing for justice and redistribution in a capitalist world
Tags: Opinion, Robin Hood, Society, Article, Socialism, Capitalism, Francisco Franco, Johannesburg, Weather Underground, Tupac Shakur, Civil Disobedience, Symbionese Liberation Army, Soweto Uprising, Black Liberation Army, James Kilgore, Top Six

Friday Jobs Roundup

Each Friday, we share the latest job listings from Slaw Jobs, which features employment opportunities from across the country. Find out more about these positions by following the links below, or learn how you can use Slaw Jobs to gain valuable exposure for your job ads, while supporting the great Canadian legal commentary at Current postings on Slaw Jobs (newest first): Assistant, Associate, or Full Professor (International Economic Law ) (Full-time) | Ottawa, ON (University of Otta...
Tags: Law, Slaw, Friday Jobs Roundup, Ottawa ON University of Ottawa

Leave Star Trek Alone, You Piece of Shit

The similarities between Donald Trump’s newly revealed United States Space Force logo and the logo for Star Trek’s Starfleet are uncanny.Read more...
Tags: Politics, Science, Star Trek, Military, Cbs, Donald Trump, Paramount, Starfleet, Space Force, United States Space Force

Morning snow.

Time: 7:23. Actual sunrise time was at 7:21. No visible sunrise today, and the snow was verging into rain. At 33°, it was too hot for the jacket I had on, the jacket that worked a few days ago when it was 8°. You really do have to add 15 or 20° to the temperature to decide what to wear if you're going to run, even if, like me, you only run in an casual, unambitious way. [Author: [email protected] (Ann Althouse)]
Tags: Photography, Law, Snow, Sunrise, Ann Althouse

Does an appeal deserve an opinion?

Fote v. Iancu (Supreme Court 2020) In this case, the PTO refused to grant Charles Fote’s patent covering a Broker-Mediated Payment System after concluding that the claims lacked eligibility.  On appeal, Fote argued otherwise — especially considering the PTO’s new (limited) approach to eligibility examination.  The Federal Circuit though refused to bite and simply affirmed the PTO determination without issuing any opinion under its internal R. 36. In a recent request for extension of time, Fote ...
Tags: Supreme Court, Law, Court, Patent, Fed, Board, HP Inc, PTO, Patent Office, Federal Circuit, Alice Corp, Federal Circuit Rule, Berkheimer, Iancu Supreme Court, Fote, Charles Fote

Empirical SCOTUS: Activist or restrained, the current court’s movement is often directed by the chief justice

At the helm of the Senate impeachment trial, Chief Justice John Roberts is engaged in politics in a manner distinct from any other role he has or will play on the Supreme Court. At the impeachment trial Roberts presides over the Senate, mainly ruling on procedural issues, but he has also shown a willingness to exert control of the proceedings when he feels it is necessary. In this political thicket, the chief justice is working within a checks and balances framework that entangles the three bran...
Tags: Supreme Court, Law, Senate, United States, Baker, Miller, American Legion, Frank, Thomas, Carr, Sonia Sotomayor, John Roberts, Coleman, Roberts, Alito, Elena Kagan

Make Technology Competence a Priority in 2020

Here is a recent Daily Record column. My past Daily Record articles can be accessed here. ***** Make Technology Competence a Priority in 2020 Unless you’ve been hiding under a rock, you already know that technology is changing the way that legal services are delivered. No matter what your practice areas, the impact of technology on the legal profession is inescapable, whether it’s digital evidence and ediscovery to data privacy issues and secure electronic communication. Technology is here to...
Tags: Florida, New York, Texas, Law, California, Chicago, Canada, New Hampshire, North Carolina, Thomson Reuters, Aba, ABA Journal, Rochester New York, Daily Record--Legal Currents Column, Law & Technology, NBlack

Round Up: Book Reviews, Legal Research Tools, AI and more

I often write articles and blog posts for other outlets and am going to post a round up here from time to time (but won't include my weekly Daily Record articles in the round up since I re-publish them to this blog in full). Here are my posts and articles since December: A year-end roundup of law office technology - ABA Journal  Book Review: My Mom, The Lawyer  - Above the Law 50 Lessons For Women Lawyers From Women Lawyers - Above the Law Book Review: Make LinkedIn Work For You In 2020 - ...
Tags: Law, Web/Tech, Daily Record, Law & Technology, NBlack

Immigration and Natural Disasters

My step children 11, 14, & 16 all live in Brazil along with my Mother in Law. The Kids all have US Visa's although they have never been here. My wife and I started the Immigration Process for the kids roughly 45-60 days ago. Last week terrible weather hit their city and it is now under 10 ft of water. Literally flooding everywhere no power, many dead. Water is up to the 2nd story of buildings and flowing through the city like a river. More rain and tornados expected tonight. Possible Mudsli...
Tags: Law, Brazil, Permanent Residency and Naturalization

34 U.S. Troops Had Brain Injuries From the Iran Missile Strike, Pentagon Says

(WASHINGTON) — The Pentagon said Friday that 34 U.S. troops were diagnosed with traumatic brain injuries suffered in this month’s Iranian missile strike on an Iraqi air base, and that half of the troops have returned to their military duties. Seventeen of the 34 are still under medical observation, according to Jonathan Hoffman, the chief Pentagon spokesman. President Donald Trump had initially said he was told that no troops had been injured in the Jan. 8 strike. The military said symptoms...
Tags: News, Washington, Defense, Uncategorized, Iran, Military, Pentagon, Donald Trump, Trump, Jonathan Hoffman, The Pentagon, Onetime

Judge Easterbrook Goes Ballistic On Immigration Judges Ignoring Express Order

Seventh Circuit is not having any of this.
Tags: Law, Immigration, Courts, Department Of Justice, 7th Circuit, Seventh Circuit, Easterbrook, Frank Easterbrook

Hindsight And Transactional Malpractice

The Nevada Supreme Court affirmed a district court's grant of summary judgment to a legal malpractice defendant, holding that the same causation test applies to allegations of transactional malpractice as to litigation matters. The client was the seller in a... [Author: Legal Profession Prof]
Tags: Law, Clients, Nevada Supreme Court, Legal Profession Prof

Wave of ADA suits over retailer gift cards lacking Braille version

Over a period of eight days last fall, four law firms and associated clients who had earlier filed hundreds of web accessibility suits in New York launched a new wave of more than 100 putative class actions charging that retailers are violating the Americans with Disabilities Act (ADA) by offering gift cards but failing to provide Braille versions. [Minh N. Vu and John W. Egan, Seyfarth Shaw] Typically, according to the Lawsuit Reform Alliance of New York (LRANY), “a successful plaintiff in [a ...
Tags: New York, Law, NYC, Uncategorized, Ada, Phair, ADA filing mills, Web Accessibility, John W Egan Seyfarth Shaw, Lawsuit Reform Alliance of New York LRANY, Brett Burns Torsten M Kracht Hunton Andrews Kurth

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