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"Merrick Garland, cannabis policy, and restorative justice"

The title of this post is the title of this notable new commentary from John Hudak over at Brookings FixGov blog.  I recommend the piece in full, and here are excerpts: Judge Garland recognized two realities about cannabis enforcement — one not new to AG nominees, the other quite new.  First, he noted that non-violent, low-level cannabis enforcement is not an effective use of federal law enforcement resources.  There are plenty of other crimes that the Justice Department should be focused on.  ...
Tags: Law, Biden, Justice Department, Calif, Barbara Lee, AG, Garland, Brookings, NORML, John Hudak, Earl Blumenauer, Douglas A Berman, Merrick Garland


Cert Denied Feb 2021

Two patent cases denied certiorari today:  GS Cleantech Corporation, et al. v. Adkins Energy LLC, et al., No. 20-769 (Standard of review when appealing an issue decided on summary judgment that later served as the basis for an inequitable conduct finding). adidas AG v. Nike, Inc., No. 20-728 (are PTAB judges principal officers?) The adidas decision confused me a bit – the court has held over other cases on the same question awaiting the outcome in Arthrex that is set for Oral arguments on Mar...
Tags: Law, Nike, Patent, Nike Inc, AG, Arthrex, Adkins Energy LLC, GS Cleantech Corporation


Notable quotables on criminal justice issues from AG-nominee Merrick Garland during his confirmation hearing

This new Reuters piece provides some choice quotes from U.S. Attorney General Nominee Garland on criminal justice policies during his Senate confirmation hearing today. I sense advocates of criminal justice reform will be pleased with these comments: DEATH PENALTY Garland told Congress he used to support the death penalty, including the execution of Oklahoma City bomber Timothy McVeigh, a case he prosecuted.  He said his views have evolved due to concerns about executing innocent people and i...
Tags: Law, Congress, Senate, Cnn, Biden, Doj, Oklahoma City, Reuters, AG, Garland, Timothy McVeigh, Douglas A Berman, Merrick Garland, Nominee Garland


Wild Allegations Against Jones Day Attorney In New Lawsuit — See Also

Don't People Know Fear Is A Terrible Way To Motivate Underlings? Apparently they don't tell attorneys that at Jones Day. Well, This Seems Like A Gross Miscarriage Of Justice: A man's dead and misdemeanor charges were filed against the state AG.  No Electricity? No Water? Don't count on law school taking a break for that. Or Maybe Your Heat Is Out: Try burning the law. HLS Student Starts Clothing Company During A Pandemic: Overachiever.
Tags: Law, Don, AG, See Also


ACLU writes to AG-nominee Merrick Garland urging action on "five critical issues"

The ACLU today released this notable seven-page letter directed to Attorney General-Designate Merrick Garland. Here is how it gets started: Congratulations on your nomination to lead the U.S. Department of Justice (DOJ).  For nearly 100 years, the ACLU has been our nation’s guardian of liberty, working in courts, legislatures, and communities to defend and preserve the individual rights and liberties that the Constitution and the laws of the United States guarantee everyone in this country. You...
Tags: Law, America, United States, Aclu, Biden, Doj, Senate Judiciary Committee, AG, Douglas A Berman, Merrick Garland, U S Department of Justice DOJ, Designate Merrick Garland


ACLU write to AG-nominee Merrick Garland urging action on "five critical issues"

The ACLU today released this notable seven-page letter directed to Attorney General-Designate Merrick Garland. Here is how it gets started: Congratulations on your nomination to lead the U.S. Department of Justice (DOJ).  For nearly 100 years, the ACLU has been our nation’s guardian of liberty, working in courts, legislatures, and communities to defend and preserve the individual rights and liberties that the Constitution and the laws of the United States guarantee everyone in this country. You...
Tags: Law, America, United States, Aclu, Biden, Doj, Senate Judiciary Committee, AG, Douglas A Berman, Merrick Garland, U S Department of Justice DOJ, Designate Merrick Garland


Interim Attorney General releases new "Interim Guidance on Prosecutorial Discretion, Charging and Sentencing"

Via this HuffPost piece, headlined "DOJ Pulls Trump Administration’s Harsh Charging And Sentencing Policy," I see that the failure of the Biden Administration to yet have a new confirmed Attorney General is not keeping it from having a new prosecutorial charging and sentencing policy.  Well, actually, the Biden Justice Department now has an old charging and sentencing policy, as explained by HuffPost: In a memo to all federal prosecutors obtained by HuffPost, acting Attorney General Monty Wilki...
Tags: Law, Obama, Executive Order, Donald Trump, Justice Department, HuffPost, Wilkinson, AG, Jeff Sessions, Douglas A Berman, Merrick Garland, Monty Wilkinson, Biden Administration, Biden Justice Department, DOJ Pulls Trump Administration, Eric Holder Under Holder


Reviewing CJUTF Recommendations: will the Biden Administration go all in with progressive prosecutors?

Right after the election, I blogged a bit (here and here) about some criminal justice reform recommendations from the Biden-Sanders Unity Task Force (available here pp. 56-62).  And last week, as explained here, I decided to start a series of posts to spotlight and amplify some recommendations from the CJUTF that ought to be of particular interest to sentencing fans.  This post will focus on prosecutors, and  begin by noting this recent Hill commentary by Miriam Krinsky headlined "Biden can rebu...
Tags: Law, Congress, Biden, Doj, U S Department of Justice, Hill, US Department of Justice, AG, Douglas A Berman, Trump Administration, Miriam Krinsky, Biden Administration, Obama Biden Administration, Biden Sanders Unity Task Force, AG DAG


Who Will Be Nominated To Serve As Attorney General Under President Joe Biden?

When it comes to possible AG picks, President-elect Joe Biden enjoys an embarrassment of riches.
Tags: Politics, Law, Attorney General, Government, Joe Biden, Amy Klobuchar, Department Of Justice, Jeh Johnson, Justice Department, Sally Yates, Federal Government, Kamala Harris, AG, Tom Perez, Xavier Becerra, Doug Jones


Prosecutors who AG Bill Barr dispatched to investigate Trump's evidence-free claims of mass election fraud say they found no substantial irregularities

US Attorney General Bill Barr speaks during a press conference in Chicago on September 9, 2020. KAMIL KRZACZYNSKI/AFP via Getty Prosecutors assigned to investigate baseless allegations of irregularities in vote tallies told Attorney General William Barr that they found no "substantial irregularities," The Washington Post reported.  Barr sent a memo on Monday requesting prosecutors to investigate "substantial claims" of fraud.  Some in the Department of Justice have said the request was bas...
Tags: Post, Politics, Law, Washington Post, US, Trends, Joe Biden, Dhs, Fraud, Chicago, Department Of Justice, Biden, Donald Trump, Department Of Homeland Security, Doj, The Washington Post


Gas Pump Stickers and Compelled Speech

In my last Slaw post, I discussed Morgan J.’s decision in Canadian Civil Liberties Association v. Attorney General of Ontario (CCLA v. AG Ont.) to grant standing to the Canadian Civil Liberties Association to challenge the government’s requirement that gas station operators post a sticker on each gas pump. The standing decision stands for two major points: the CCLA’s expertise did not have to relate to the selling of gas or regulations governing it, but it was sufficient that it related to const...
Tags: Law, Ford, Court of appeal, Liberal party, Ottawa, Control, Ontario, Wilson, Morgan, Khawaja, Supreme Court of Canada, AG, McAteer, Legislative Assembly, Deschamps, Substantive Law: Judicial Decisions


Mixed Bag When It Comes To Salary Rollback News — See Also

More Good News: Mayer Brown and Norton Rose. But Some Firms Are Still Lagging Behind: Baker Donelson doesn't see anyone getting back to 100 percent of their salary this year. Well That Didn't Go To Plan: Texas ran a bar exam in a hotel and it didn't go off without several hitches. South Dakota AG Involved In Fatal Car Crash: A 55-year-old man is dead after the AG claimed he hit a deer.
Tags: Texas, Law, AG, Mayer Brown, Baker Donelson, See Also, South Dakota AG


State Attorney General Told Officers He’d Hit A Deer… In Reality, A Man Is Now Dead

Man killed while AG drove home from fundraiser.
Tags: Crime, Law, Government, South Dakota, AG, Jason Ravnsborg


SCJ Grants CCLA Public Interest Standing to Challenge the Mandatory Gas Pump Sticker

In 2019, the Ford Government announced it would require gas station operators to post stickers about the impact of the federal government’s fuel charge on the price of gasoline. The Ontario Government’s response to the Canadian Civil Liberties Association’s (CCLA) challenge to the legislation not only defended on the merits, but also argued the CCLA did not have standing to bring its claim. The Ontario Superior Court of Justice rejected both positions in The Corporation of the (CCLA v. AG Ont....
Tags: Supreme Court, Law, Court, Court of appeal, Ontario, Morgan, AG, Ontario Court of Appeal, Alford, Ontario Superior Court of Justice, Superior Court of Justice, Substantive Law: Judicial Decisions, Substantive Law: Legislation, Case Comment, Ontario Government, Factum


AG Bill Barr Gonna Git That Antifa!

But don't ask him if voting twice is illegal, he'll have to get back to you on that one.
Tags: Law, Government, Department Of Justice, AG, Election Law, Bill Barr, Bill Barr Gon


Am I crazy to think Joe Biden's pick of Senator Kamala Harris for his running mate bodes well for federal criminal justice reform?

As reported in this AP piece, headlined "Biden selects California Sen. Kamala Harris as running mate," Joe Biden has finally made his VP choice. And, perhaps unsurprisingly, my Twitter feed is already chock full of criminal justice reform advocates lamenting various aspects of Senator Harris's criminal justice reform record.  Though I understand the basis for these criticisms, I have been rooting for Harris to get the nod because I think she may have the greatest interest and greatest ability to...
Tags: Law, California, Elizabeth Warren, Joe Biden, Susan Rice, Rand Paul, Biden, Kamala Harris, HARRIS, Orrin Hatch, AG, California AG, Jeffries, AG Barr, Douglas A Berman, U S Senate Harris


While Our Country Is Engulfed By Urgent Must-Solve Problems, Congress Is Working Hard to Burn Down Section 230

This post will be unusually blunt about my disenchantment with the state of our country, a topic I don’t normally discuss on the blog. Some of you will not like this post. I expect my next post will feel more normal; but if you conclude that you no longer wish to read my blog, I thank you for your past readership. In case it isn’t obvious, I am voting, without reservation, for Biden in November. I know he has said he wants to revoke Section 230, immediately. We need Section 230, but we need a ch...
Tags: Fcc, Law, Congress, Ebay, Senate, America, E-commerce, House, Dc, Biden, Black Lives Matter, Doj, Federal Trade Commission, Ugc, Trump, Senate Judiciary Committee


Texas AG probing Facebook over biometric data collection that may violate state law

“Texas is investigating Facebook for possibly running afoul of state laws on the collection of biometric data, according to June documents uncovered by a tech watchdog group,” reports Ashley Gold at Axios. And the attorney general of Texas may just be on to something. Facebook users in Illinois recently secured a major settlement over the issue of biometric data collection. Excerpt: The Texas AG is investigating Facebook for possibly violating its Texas Deceptive Trade Practices — Consumer Pr...
Tags: Facebook, Mark Zuckerberg, Post, Business, New York, Texas, Technology, News, Justice, Law, Social Media, US news, Tech News, Illinois, Biometrics, U S District Court


Comments on the “Platform Accountability and Consumer Transparency Act” (the “PACT Act”)

Last month, Sens. Schatz and Thune introduced S. 4066, “Platform Accountability and Consumer Transparency Act” (the “PACT Act”). The bill was pitched as a narrow and modest bipartisan reform of Section 230; and Daphne Keller of Stanford labeled the bill an “intellectually serious effort” and a “huge step forward” compared to other alternatives. While the PACT Act may lack the malevolence of more extreme Section 230 reform proposals, it’s not narrow, modest, or good. Some of the bill’s biggest p...
Tags: Google, Facebook, Law, California, Stanford, US, Chicago, United States, Hud, Bird, Dmca, Doj, ECPA, Ugc, Stubhub, Ftc


Deputy AG defends federal executions that "operated entirely within the law"

Deputy Attorney General Jeffrey Rosen took to the pages of the New York Times to publish this piece defending the Justice Department's successful effort to move forward with three federal executions earlier this month.  Here are excerpts: The death penalty is a difficult issue for many Americans on moral, religious and policy grounds.  But as a legal issue, it is straightforward.  The United States Constitution expressly contemplates “capital” crimes, and Congress has authorized the death penal...
Tags: Supreme Court, Law, Obama, Congress, Barack Obama, United States, New York Times, Bill Clinton, Boston Marathon, George W Bush, Justice Department, George Washington, Lee, AG, Janet Reno, Timothy McVeigh


Houston PD decides public can know when police might injure or kill them

For years, Houston PD has kept its use of force policy secret, abetted by a series of Texas Attorneys General. Most of their General Orders were public, but the use of force policy was largely redacted. While the AG upheld Houston's request to keep the policy secret (an example of the transparency losses suffered when the Legislature codified Holmes v. Morales in 1997), to my knowledge, few other departments had followed their lead. Grits always thought that's because keeping the policy secret ...
Tags: Law, Dallas, Houston, Houston Chronicle, Holmes, Legislature, Morales, AG, Gritsforbreakfast, Houston PD, Resistance Austin


CCPA: California Attorney General Releases Final Proposed Regulations

Christina H. Kroll On June 1, 2020, the California Attorney General’s office released the third and final set of CCPA proposed regulations (available here). Below, we provide information about the final proposed regulations and enforcement actions. The CCPA, or the California Consumer Privacy Act of 2018, gives California consumers certain rights to learn about and control how businesses within the CCPA’s scope handle the “personal information” collected by those businesses. A business is subj...
Tags: Law, California, Regulations, Legislation, Anna, Privacy Policy, Compliance, Oag, AG, Proskauer, CCPA, Data Privacy Laws, Privacy Law, Privacy Litigation, OAL, California Office of Administrative Law


The CCPA Proposed Regs’ Data Valuation Calculation Provisions Provide Flexibility, But Raise Ambiguity & Transparency Concerns

by guest blogger Lourdes M. Turrecha, Privacy Tech & Law Fellow at Santa Clara Law [Eric’s Note: I am working on a mondo blog post about the AG’s final CCPA regulations. In the interim, I’m sharing this post from Lourdes Turrecha, our new Privacy Law Fellow, about the regulations’ price discrimination provisions.] The CA Attorney General recently published the final text of the CCPA proposed regulations (the AG still calls them “Proposed Regs,” though it has completed its work on them). While t...
Tags: Facebook, Mark Zuckerberg, Law, California, US, E-commerce, Berkeley, Goldman, Doj, Privacy/security, Eric, DVC, AG, Eric Goldman, Lourdes, CCPA


Morning Docket: 05.07.20

* A class-action lawsuit has been filed over a water main break that recently occurred in Hudson County, New Jersey. Please make it so I don't have to boil water again anytime soon. [Jersey Digs] * An attorney may face a three-month suspension for using foul language during a deposition. Feel like we all know a few lawyers who should be put on notice by this. [ABA Journal] * The New York Attorney General is appealing a decision that reinstated the New York presidential primary. [Bloomberg La...
Tags: New York, Texas, Maryland, Law, Cbs News, Virginia, ABA Journal, Baltimore Sun, AG, Hudson County, Hudson County New Jersey, Morning Docket, Bloomberg Law, New York Attorney General, Double Jeopardy, Virginia Lawyers Weekly


AG Barr deceptively suggests 5000 inmates have been moved from federal prison to home confinement, while BOP now reports moving "1,959 inmates"

Attorney General William Barr participated today in a nationwide #AskTheAG Q&A session via Twitter.  I was glad to see him participating in this forum and also glad to see he answered this question posed by Representative Bobby RushL Q: Why does DOJ/BOP refuse to release prisoners who pose ZERO threat to society despite the increasing number of deaths happening in federal prisons due to COVID-19? #AskAGBarr AG Barr's answer to this question (second in thread), which runs about about 90 seconds, ...
Tags: Law, Congress, Doj, AG, AG Barr, Bureau of Prisons, Bop, Douglas A Berman, William Barr, COVID, Bobby RushL, AskAGBarr AG Barr, BOP AG Barr, DOJ BOP


The EARN IT Act Partially Repeals Section 230, But It Won’t Help Children

The EARN IT Act, S. 3398, was introduced last week. I believe this is the introduced version. I previously blogged a pre-introduction version of the EARN IT Act. The bill underwent substantial changes from the February draft–a few good, mostly not–so I’m doing a full blog post on the bill as introduced rather than updating my prior post. Still, you may want to read my prior post first to establish the context. Nomenclature note: as I mentioned in my previous post, the bill uses the term “child ...
Tags: Law, Congress, Senate, Dhs, House, Ibm, Doj, Dianne Feinstein, Usc, Ugc, Board, Tam, Lynch, Congressional, AG, Brunetti


Morning Docket: 03.03.20

* An Oregon lawyer is in hot water after he refused to fork over $200 for a 15-minute lap dance. The billable hour rate for this stripper is probably higher than the lawyer who refused to pay. [ ] * A federal judge has dismissed a lawsuit filed against the Indiana Attorney General on behalf of women who claim that the AG groped them at a party. [Chicago Tribune] * R. Kelly's lawyers are arguing that it is unconstitutional to prosecute the disgraced singer for allegedly having sex without inf...
Tags: Apple, Supreme Court, Law, California, Oregon, Nbc News, Indiana, Benjamin Franklin, R. Kelly, Chicago Tribune, Kelly, AG, Morning Docket, Castle Doctrine, Indiana Attorney General, LA District Attorney


Civil Rights Issues: Abusive of Cr Regarding the Federal System for General Assistance (Snap/Ebt, Cash)

My question involves civil rights in the State of: Washington I have a very unusual, complex case with ye ol' welfare office. And its quite interesting, remarkable, and would make any lawyer cringe (We're looking at least 10,000 documents of medical information). So, in short. I'm a disabled person, and I have multiple disabling conditions. I applied for SSDI through the SSA and it is pending being adjudicated (8 years running, but that's another story.) In the meantime, my interim assistanc...
Tags: Law, Washington, Dhs, Civil Rights, SSA, AG, SSI SSDI, General Assistance Snap Ebt Cash, Department of Health Social Services


Copyright suit over sharing of “wrong on so many levels” meme

A popular meme went around social media with a photo of an assortment of carpenter’s levels each with the word “wrong” taped on it, and typically accompanied by the comment “This is wrong on so many levels.” Among the many that shared this was a family-owned small business in North Carolina that develops curricular materials on grammar and other language arts, and has a large following for its Facebook page. More than a year and a half later a lawsuit arrived from “on behalf of Matthew Bradley o...
Tags: Facebook, Photography, New York, Law, Uncategorized, Copyright, North Carolina, Bradley, AG, Liebowitz, Windsor California, Matthew Bradley, Richard Liebowitz, AG Representing Bradley, Dan Booth Law


The “EARN IT” Act Is Another Terrible Proposal to “Reform” Section 230

Another “fix Section 230” bill is coming. This one is called the “Eliminating Abusive and Rampant Neglect of Interactive Technologies Act of 2020” or “EARN IT Act of 2020” and it’s being led by Sens. Graham and Blumenthal. The EARN IT Act is twice as bad as the other Section 230 reform bills because it’s a two-fer: not only would it undermine Section 230, but it could destabilize the decades-old encryption policy wars. As has become typical for Section 230 reform bills, it takes thousands of wo...
Tags: Facebook, UK, Microsoft, Law, Congress, California, Senate, Wikipedia, US, Pandora, House, Commission, Dmca, Homeland Security, Graham, Doj



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