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Eviction Moratorium: What Happens To Renters When The CDC Ban Expires?

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Tags: New York, News, California, Cdc, Society, Delta, Biden, South Carolina, U S Census, Norm Elrod, COVID, Eviction Moratorium


Congratulations Judge O’Malley

by Dennis Crouch In my mind, Judge O’Malley is still a newcomer to the Court of Appeals for the Federal Circuit, but the official records show that she joined back in 2010 as President Obama’s first nominee.  Prior to joining the Federal Circuit, Judge O’Malley had already been a Federal Judge (N.D. Ohio) for 16 years.  Her experience as a trial court judge has added significant depth and nuance to the appellate court over the past decade and in here 200+ opinions and orders.  Above all, she is ...
Tags: Law, Obama, Senate, Ohio, Biden, Patent, Cunningham, O'Malley, Court of Appeals for the Federal Circuit, Dennis Crouch


Morning Docket: 07.28.21

* I don't know what a shadow docket is, but SCOTUS has one and it’s benefiting who you'd think it would. [Reuters] * Former representative let violent protestors into Oregon's capitol building because he wanted brownie points. Talk about door to door constituency service. [ ] * International lawyer willing to walk to right wrongs. Beautiful reminder that lawyers are public servants. [ABA Journal] * Olympic kayaker to serve 25 years for moving fishscale. Maybe that's why he was paddling so har...
Tags: Law, Cdc, Oregon, Cocaine, Olympics, Biden, ABA Journal, Reuters, Morning Docket, Insurrection, COVID-19


Is the politics of crime and punishment now different than in our recent history?

The question in the title of this post is promoted by this recent Politico piece by Joshua Zeitz headlined "'Law and Order' has Worked for the GOP Before. This Crime Boom Might be Different." I recommend the piece in full, and here are a few excerpts: In the 1970s and 1980s, Republican candidates successfully used violent crime as an issue to attract white voters. Fused with concerns over the economy, busing and neighborhood integration, “law-and-order” politics dislodged millions of working- a...
Tags: Law, White House, Gop, Biden, Donald Trump, Trump, Democratic Party, Richard Nixon, Douglas A Berman, Joshua Zeitz


Biden Pushes for Long COVID Sufferers to Be Protected by Law

By Trevor HunnicuttWASHINGTON (Reuters) -President Joe Biden said Monday the White House is pushing for people with long-term symptoms of COVID-19...
Tags: Law, White House, Joe Biden, Biden, Reuters, Trevor HunnicuttWASHINGTON


"If it's true they are saying anti-government right-wing groups or domestic extremist groups are THE greatest threat to national security, which is what Biden and the intelligence community are saying..."

"... greater than ISIS or al Qaeda or China or Russia, why do they need to manufacture a plot — and put in people's heads — the idea let's go kidnap Governor Whitmer? There should be tons of plots that they are detecting? That leads to the question people on your network and others have asked to the horror of the liberal sector of the corporate media, which is: What did the FBI know about the planning of the January 6 attack? How embedded were they in these groups? Because what happens is wh...
Tags: Isis, Law, China, Russia, Fbi, Glenn Greenwald, Biden, Jesse Watters, Ann Althouse, Whitmer, Gretchen Witmer, the Trump resistance


Reviewing Biden Administration's uninspired criminal justice reform efforts

Law360 has this lengthy new article, headlined "Advocates Frustrated By Biden's Silence On Justice Reform," that provides a lengthy review of various criminal justice reform efforts to date by the Biden Administration.  As the headline suggests, advocates are so far underwhelmed.  Here are excerpts from a piece worth reading in full: One of President Joe Biden's most powerful tools for advancing criminal justice reform is his voice and yet, despite his campaign promises, he has been mostly sile...
Tags: Law, Congress, Joe Biden, Republican, Biden, Law360, American Civil Liberties Union, Udi Ofer, USSC, Douglas A Berman, US Sentencing Commission, Ofer, Biden Administration, Jacinta Gau, University of Central Florida Rumblings, US Sentencing Commission Of


WaPo columnist lives in a partisan bubble and he likes it.

I'm reading "Opinion: I live in a Democratic bubble. Here’s why that’s okay" by Perry Bacon Jr. I live in a partisan bubble, according to an interactive New York Times feature that lets you enter your address to find out the political-party breakdown of the [1,000 voters closest to you]. Only 18 percent of my neighbors in the Highlands area of Louisville are Republican. There is an area only four miles away that is balanced between the parties. I ain’t moving there. Being “in a bubble” is gener...
Tags: Law, New York Times, Bacon, Biden, Louisville, Highlands, WaPo, Ann Althouse, Partisanship, Perry Bacon Jr


Coronavirus Update 7–23–2021: We talkin’ bout masks! We ain’t talkin’ bout the vaccine, we talkin’ bout masks.

I'm not proud of this but i just made a scene in public for the first time in my life… I walked into a Starbucks and they asked me to put a mask on! I yelled this is ridiculous, so I turned around and walked out. I know what you're thinking… My first mistake was walking into a Starbucks:)– Actor Kevin Sorbo, on LinkedIn, 7/20/21I came across the post written by the former Hercules actor a couple of nights ago while perusing my LinkedIn feed. Three things came to mind. 1/ I cannot believe more...
Tags: Jon Hyman


"The paradox for [Cuban President Miguel] Díaz-Canel, who is said by people who know him personally to want to be a reformer, is that he is boxed in by circumstances."

"Having been embarrassed by the Cuban uprising, he must show strength in order to preserve order. But to placate the public’s rising frustrations, he must also signal moderation, which he has belatedly tried to do; in a second address, on Wednesday, he acknowledged that his government bore responsibility for the issues that had sparked the protests, including both the shortages and the rising prices of food and medicine. But to call for dialogue, or else to 'open up,' as many outsiders—the Euro...
Tags: Law, European Union, United States, Pope Francis, Miami, Biden, Cuba, Miguel, Jon Lee Anderson, Ann Althouse, Diaz Canel, Biden and foreign policy


More Canada-U.S. Pipeline Problems – Michigan’s Push to Shutdown Line 5

The state of Michigan has demanded that a Canadian company, Enbridge Energy Company (Enbridge), close the portion permitted by an easement of its oil pipeline—Line 5—that crosses the Straits of Mackinac, which joins Lake Michigan and Lake Huron. Line 5 is an interstate, interprovincial, and international pipeline, owned and operated by Enbridge. It is used to transport petroleum products from Wisconsin, through Michigan, to Ontario, Québec, and further locations in Canada.[1] Michigan’s Notice o...
Tags: Law, Canada, United States, Alaska, International court of justice, Wisconsin, Michigan, Slovakia, Great Lakes, Biden, Ilm, Administrative Law, Ottawa, Federal Court, Nafta, State


Across political spectrum, insightful folks saying in insightful ways that Prez Biden must do better on criminal justice reform

The news to start this work week that the Biden Justice Department is not disputing the legal opinion that federal prisoners released into home confinement would be returned to prison after the pandemic has likely contributed to the end of this work week bringing a number of effective commentaries rightly asserting that Prez Biden continues to come up short on criminal justice issues.  Notably, these commentary are coming from across the political spectrum as evidenced by these pieces: From Sama...
Tags: Law, Washington Post, Washington, Biden, HARRIS, Douglas A Berman, Piper Kerman, Lars Trautman, Biden Justice Department, Examiner Biden, Prez Biden, Samantha Michaels, Jones Biden


Noticing Biden Administration's withdrawal of pursuit of the death penalty in many cases

This new New York Times article, headlined "U.S. Won’t Seek Death Penalty in 7 Cases, Signaling a Shift Under Biden," reports on a notable set of pending case developments suggesting one way that the Biden Administration is making good on its stated antipathy toward capital punishment.  Here are excerpts: One man was charged in Orlando, Fla., with kidnapping and fatally shooting his estranged wife. Another man was indicted in Syracuse, N.Y., in the armed robbery of a restaurant and the murders ...
Tags: Supreme Court, Law, New York Times, Boston Marathon, Biden, Justice Department, Dzhokhar Tsarnaev, Charleston, American Civil Liberties Union, Orlando Fla, Anchorage, Donald J Trump, Sacramento Calif, Garland, Stubbs, Douglas A Berman


Term limits emerge as popular proposal at latest meeting of court-reform commission

The Presidential Commission on the Supreme Court reconvened on Tuesday to hear from a new set of experts on various ideas for Supreme Court reform. Like the last meeting, various legal experts testified and answered questions from commissioners in a series of panels spread throughout the day. President Joe Biden appointed the 36-member commission to write a report on various court-reform options. The key topics included the confirmation process, term limits, transparency and disclosure, expandi...
Tags: Featured, Supreme Court, Law, Senate, White House, Court, Joe Biden, University Of Chicago, Jackson, Biden, Harvard Law School, Strauss, Latham Watkins, Mayer Brown, Brennan Center for Justice, Supreme Judicial Court of Massachusetts


Leading Democrats oppose Biden plan to end house arrest and potentially return inmates to prison after the pandemic

Prisoners stand outside the federal correctional institution in Englewood, Colo. AP Photo/David Zalubowski Since March 2020, more than 28,000 people have been released from federal prison due to COVID-19. Those released were assessed to face severe health risks if they contracted the coronavirus. Those released currently have to return to prison a month after the pandemic formally ends. See more stories on Insider's business page. Two leading Senate Democrats are urging the White House...
Tags: Politics, News, Law, Congress, Senate, White House, Trends, Joe Biden, New York Times, New Jersey, Department Of Justice, Biden, Illinois, Criminal Justice, Charles Davis, Booker


When might we expect advocacy groups to push Prez Biden make needed appointments to the US Sentencing Commission?

As we officially hit six months into the Biden Administration, it seems a good time to express my frustration again that there has not yet been any nominations to the US Sentencing Commission.  As I have noted in a number of prior posts (some linked below), due to a lack of Sentencing Commissioners, the USSC has not been fully functional for most of the last five years, and the USSC has not had complete set of commissioners firmly in place for the better part of a decade.  The USSC staff continu...
Tags: Law, Congress, US, Biden, Breyer, USSC, Douglas A Berman, US Sentencing Commission, Biden Administration, Prez Biden


Congratulations to Judge Tiffany Cunningham

The Senate has confirmed Tiffany Cunningham, President Biden’s first pick for the Court of Appeals for the Federal Circuit.  Judge Cunningham is expected to be sworn in this week and immediately step into her new role (although the court typically slows down during August).  Judge Cunningham will be the first African American judge on the Federal Circuit. The vote was bipartisan, although 33 republicans voted NO, including my two senators (Josh Hawley and Roy Blunt).
Tags: Law, Senate, Biden, Patent, Cunningham, Federal Circuit, Josh Hawley, Tiffany Cunningham


New York Times reporting Biden Justice Department agrees with OLC memo stating prisoners transferred to home confinement must return to prison after pandemic ends

As reported in this new New York Times article, headlined "Biden Legal Team Decides Inmates Must Return to Prison After Covid Emergency," it appears that the US Department of Justice is not changing its view of the limits of congressional authority to move people to home confinement under the CARES Act. Here are the details: The Biden administration legal team has decided that thousands of federal convicts who were released to home confinement to reduce the risk of spreading Covid-19 will be re...
Tags: Law, Congress, White House, New York Times, Biden, Justice Department, US Department of Justice, Faith and Freedom Coalition, OLC, Douglas A Berman, Justice Department 's Office of Legal Counsel, Andrew Bates, Biden Justice Department, Prez Biden, AG Garland, Biden Justice Department FAMM


Morning Docket: 07.19.21

* Break it up! Biden signs executive order that will focus antitrustin' on labor, healthcare, tech, agriculture, and more. [Global News] * Texas passes law that basically lets them teach kids that white males are the only important figures in history. Sorry, Susan B. Anthony! [The Root] * Surgeon General open to federally legalizing marijuana. Nate Dogg would be proud. [HuffPost] * California starts a guaranteed income program that prioritizes pregnant folks and people who age out of the fost...
Tags: Texas, Guantanamo, Law, California, Biden, Susan B Anthony, Morning Docket, Nate Dogg


"Public opinion polls in the 2020 presidential election suffered from errors of 'unusual magnitude,' the highest in 40 years for surveys estimating the national popular vote..."

"... and in at least 20 years for state-level polls, according to a study conducted by the American Association for Public Opinion Research (AAPOR). The AAPOR task force examined 2,858 polls, including 529 national presidential race polls and 1,572 state-level presidential polls. They found that the surveys overstated the margin between President Biden and former president Donald Trump by 3.9 points in the national popular vote and 4.3 percentage points in state polls. Polls understated the supp...
Tags: Law, Senate, Biden, Donald Trump, Dan Balz, Polls, Trump, WaPo, Ann Althouse, 2020 Elections


New report highlights how various federal agencies other than DOJ can advance criminal justice reform

The Center for American Progress has this intriguing new report titled "Beyond the U.S. Department of Justice: An Intersectional Approach To Advancing Criminal Justice Reform at the Federal Level." The report discusses the work that leading federal agencies other than the Justice Department could do to improve criminal justice systems. Here is part of the report's introduction: The nation urgently needs to rethink justice system operations, from policing and prosecution to probation and parole. ...
Tags: Law, America, Biden, Doj, Justice Department, U S Department of Justice, Department of Agriculture, Center for American Progress, Department of Veterans Affairs, Douglas A Berman


Patently-O Bits and Bytes by Juvan Bonni

Recent Headlines in the IP World: Ben Lovejoy: Apple Might Leave the UK Market, Claims its Lawyer in Patent Troll Case (Source: 9to5 Mac) Drew FitzGerald: Huawei Settles Two Patent Lawsuits It Filed Against Verizon (Source: The Wall Street Journal) Matthew Bultman: Patent Office Policies Drive Interest in Old Litigation Playbook (Source: Bloomberg Law) Ben Lovejoy: Apple Granted Patent for iPhone Periscope Lens Expected in 2022 (Source: 9to5 Mac) Source: USPTO Commentary and Journal Ar...
Tags: UK, Law, Congress, Uspto, Biden, Huawei, Wall Street Journal, Patent, Ben Lovejoy, National Law Review, Bits and Bytes, Juvan Bonni, Matthew Bultman, Mac Drew FitzGerald, Bloomberg Law Ben Lovejoy, Bernard P Codd


DuPont Resolves PFAS Claims with Delaware

The State of Delaware and E. I. du Pont de Nemours and Company, The Chemours Company, DuPont de Nemours, Inc. and Corteva, Inc. (all “DuPont” related companies), businesses having operated in the State for more than 200 years, announced a sweeping settlement agreement last week. Under the settlement agreement, the DuPont agreed to pay $50 million for environmental restoration, improvement, sampling and analysis, community environmental justice and equity grants, and other natural resource needs....
Tags: Law, Environmental, Ohio, Epa, DuPont, Biden, Delaware, Federal, State, U S Senate, Stuart Kaplow, PFOA, Kaplow, Chemours, PFOS, DowDuPont Inc


I'm skeptical of this CNN headline: "Half of the US believes a deadly conspiracy theory."

This is labeled "Analysis by Harry Enten." Now, let's get a close look. I'll put to the side for now the question what makes a theory deadly. You don't die just from believing something. Presumably, people who believe something might do something that could kill themselves or others. Let's see what this theory is:The two most monumental events of the last year in the US were the election of Joe Biden to the presidency and the introduction of Covid-19 vaccines. Yet there are those who falsely bel...
Tags: Death, Headlines, Voting, Law, US, Joe Biden, Biden, Don, Monmouth University, Ann Althouse, Harry Enten, Entin, Coronavirus, the Trump resistance


Arizona Democrats call for investigation after report that Trump, Giuliani pressured state elections officials

Former New York Mayor Rudy Giuliani listens as U.S. President Donald Trump speaks during a news conference in the Briefing Room of the White House on September 27, 2020 in Washington, DC. Joshua Roberts/Getty Images Phone records show that ex-President Trump and his allies pressured Arizona elections officials. "We need you to stop the counting," Arizona GOP Chairwoman Kelli Ward told an official in Maricopa County. President Joe Biden won Arizona by more than 10,000 votes. See more storie...
Tags: Politics, New York, Law, Washington, Senate, White House, Trends, Joe Biden, Gop, New York Times, Arizona, US Senate, Republican, Biden, Giuliani, Donald Trump


Morning Docket: 07.16.21

* Lawyer sent to jail for a week for cursing out a judge. As unprofessional that is, it is undeniably a vibe. [NY Post] * Representative Joyce Beatty and eight others arrested during voting rights demonstration. [ABC News] * Anti-vaxxers are framing their cause as a fight against modern slavery. I wish they rallied this hard against actual modern slavery. [The Guardian] * Move over, Florida Man! Californians charged with conspiracy to destroy Democrat headquaters in Sacramento. [SFChronicle] ...
Tags: Florida, Law, Cbs News, Uncategorized, Sacramento, Biden, Cursing, Ny Post, Morning Docket, Joyce Beatty, Anti-vax, Horton Hears, Environmental Protections


Noncompete Agreements Now Under Review by FTC

On Friday, July 9, 2021, President Biden issued a sweeping executive order that asked the Federal Trade Commission (“FTC”) to develop new regulations that ban or limit noncompete agreements. The request has no immediate impact on existing noncompete agreements, but employers should expect new regulations in the coming months. In the meantime, many questions remain for employers to consider: Will the FTC ban noncompete provisions outright, or will it limit their use with only “low-wage” workers?...
Tags: Review, Law, Contract, Executive Order, Biden, Federal Trade Commission, Ftc, Human Resources (HR) Compliance, Laws and Regulations, Wage & Hour, Noncompete, Retroactive, Restrictive Covenant, Featured Content, Employment Agreement, Low Wage


"Shed of the black robe, he wore khaki shorts, a short-sleeved blue and orange striped shirt and sandals. Still, he remained a cautious conversationalist, declining to speak of the court's confidential deliberations."

From "Exclusive: Stephen Breyer says he hasn't decided his retirement plans and is happy as the Supreme Court's top liberal" by Joan Biskupic (CNN). Are you cranked up about whether or not Breyer retires? Yeah! He needs to withdraw before it's too late and let Biden appoint a young liberal. Yeah! I hope he hangs in there so Biden can't appoint a young liberal. No. He's fine where he is, but if he wants to go, I'm fine with that too. No. I won't be prodded to get emotional about a...
Tags: Supreme Court, Law, Biden, Stephen Breyer, Breyer, Joan Biskupic, Ann Althouse, Men In Shorts


Federal prison population starting to grow again as we approach six months into Biden Administration

The day after Joe Biden was inaugurated, I authored this post posing this question in the title: "Anyone bold enough to make predictions about the federal prison population — which is now at 151,646 according to BOP?".  That post highlighted notable realities about the the federal prison population (based on BOP data) during recent presidencies: during Prez Obama's first term in office, the federal prison population (surprisingly?) increased about 8%, climbing from 201,668 at the end of 2008 to ...
Tags: Law, Obama, Joe Biden, Biden, Doj, Prez Obama, AG, Bureau of Prisons, Douglas A Berman, Prez Trump, Biden Administration


Does Canada Need ‘Right to Repair’ Law

Those of us who view the “no user serviceable parts inside” phrase as a challenge rather than a warning will sympathize with the right to repair movement. The movement is a growing phenomenon. It arises from frustrations when manufacturers of everything from electronics to cars to McDonald’s ice cream machines make it difficult for anyone else to repair what they make. The poster child for the movement is farm equipment manufacturers that refuse to give access to software on the machines. That p...
Tags: Apple, Technology, Law, Congress, Massachusetts, Miscellaneous, Canada, Biden, Federal Trade Commission, Ftc, Eastern Europe, U S Department of Agriculture, McDonald, Steve Wozniak, Harrison Pensa, Tech Law Weekly Newsletter



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