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Ruth Bader Ginsburg – What Happens Now?

In the frenzied pre-electoral atmosphere South of the border, there appears to be a rush to nominate a candidate to take the place of Supreme Court Justice Ruth Bader Ginsburg who passed away less than a week ago. But politics aside, how exactly will her replacement be selected in theory? What are the procedures that need to be followed? The Congressional Research Service in Washington, D.C. has published a few reports that explain how the process is supposed to unfold. The Service is an agency ...
Tags: Supreme Court, Law, Congress, Washington, Senate, Court, House Of Representatives, Nominee, Library Of Congress, Ruth Bader Ginsburg, Senate Judiciary Committee, Congressional Research Service, Supreme Court Justice, Judiciary Committee, Justice Issues, The Service


An advocate’s perspective on a justice who could never be outworked

This tribute is part of a series on the life and work of the late Justice Ruth Bader Ginsburg.  Paul Clement is a partner at Kirkland & Ellis. He served as U.S. solicitor general under President George W. Bush from 2005 to 2008, and he has argued more than 100 cases at the Supreme Court. Over her four decades on the federal bench, Justice Ginsburg mentored scores of law clerks, inspired countless lawyers and non-lawyers, and fought tirelessly for equality. She also participated in thousands of o...
Tags: Featured, Supreme Court, Law, Court, George W Bush, Antonin Scalia, Kirkland Ellis, Scalia, D C Circuit, Ginsburg, Marty, David Souter, Tributes to Justice Ruth Bader Ginsburg, Ruth Bader Ginsburg Paul Clement


Reasonable Notice: Relevance of Worker’s Past Experience Clarified

Written by Daniel Standing LL.B., Editor, First Reference In a previous First Reference article I wrote on our news service HRinfodesk, the Ontario Superior Court of Justice’s decision in which a successor employer was held liable for a 20-month notice period was written about because of the legislative presumption of continued employment in these circumstances. Readers may refer to that article for an overview of the key facts. Since then, the case was appealed and decided by the Ontario Court...
Tags: Law, Court, Court of appeal, Employment law, Ontario, Daniel, ASCO, Addison, Ontario Court of Appeal, Ontario Superior Court of Justice, Substantive Law: Judicial Decisions, Case Comment, Bardal, Substantive Law, Common law reasonable notice, Notice period


The NYT's Frank Bruni says Trump replacing RBG will put us in "a special hell" — because the Court "won’t represent what most Americans believe."

He says those words — "won’t represent" — and he must immediately back and fill. He knows it's not right, but... but what?!Sure, the court isn’t supposed to be beholden to public opinion, but...But what?!!!... Americans’ faith in their institutions and feeling that their voices are heard might be strained even further by what seem to be lurches backward by a court forged in the hottest flares of partisan passion.Reread that. I love the way the word "strained" appears in the most strained sentenc...
Tags: Art, Supreme Court, Law, Wikipedia, Court, Hell, Metaphor, Bulgaria, Trump, Frank Bruni, Bruni, Ann Althouse, RBG, replacing Ginsburg


How Joe Biden can make Barack Obama President again.

I invite Joe Biden to pledge to follow this pathway to putting Barack Obama back in the White House. By pledging, he may improve his chance of getting elected. Who knows? The Ruth Bader Ginsburg Dying Wish must come true. The vacancy on the Supreme Court must remain open. I won't spend time on that step, because that's what everyone's already talking about. So let's jump forward to the new things:First, President Joe Biden nominates Vice President Kamala Harris for the Supreme Court. He pledged ...
Tags: Supreme Court, Law, Obama, White House, Court, Barack Obama, Joe Biden, Ted Cruz, Bill Clinton, Biden, Ruth Bader Ginsburg, Kamala Harris, Pat, HARRIS, Tom Cotton, Mario Cuomo


Profile of a potential nominee: Amy Coney Barrett

President Donald Trump announced on Saturday that he would nominate a woman to fill the vacancy left by the death of Justice Ruth Bader Ginsburg. According to news reports, Judge Amy Coney Barrett, a judge on the Chicago-based U.S. Court of Appeals for the 7th Circuit, is on the shortlist of candidates whom the president is considering. Judge Amy Coney Barrett (University of Notre Dame) This is not the first time that Barrett’s name has been mentioned in connection with a possible Supreme Cou...
Tags: Texas, Featured, Supreme Court, Law, Obama, Colorado, Navy, California, Planned Parenthood, Washington, Senate, Virginia, Court, West Virginia, Indiana, Chicago


"All the hysteria about a Ginsburg replacement stems from the fact that our political system is dominated by an allegedly nonpolitical Court that actually decides many political issues."

"And that Court is small (enough so that a single retirement can throw things into disarray) and unrepresentative of America at large. In an earlier article, responding to Democrats’ plans to 'pack' the Court with several additional justices whenever they get control back, I suggested going a step further, and add fifty new justices, one each to be appointed by every states' governor.... Under my proposal, the death or retirement of a single justice wouldn’t be much more than a blip in the news,...
Tags: Supreme Court, Law, Court, America, Usa Today, Ginsburg, Glenn Reynolds, Instapundit, Ann Althouse, Judicial Activism, Court Packing, replacing Ginsburg


Class Proceedings Changes Proclaimed in Ontario

As of Oct. 1, 2020, significant changes to the Class Proceedings Act, 1992 come into effect in Ontario. These changes were part of the legal omnibus Bill 161, which received Royal Assent on July 8, 2020. The amendments are intended to ensure that claims proceed more quickly, with greater opportunity to dismiss certain claims at an earlier stage. It supporters claim that it provides courts a more balanced framework to determine which chases are best suited for certification. Some of the amendment...
Tags: Supreme Court, Law, Court, Ontario, Federal Court, Cpa, Supreme Court of Canada, Ontario Court of Appeal, Ontario Superior Court of Justice, Leroux, Ontario Ombudsman, Substantive Law: Judicial Decisions, Law Times, Walkerton, LCO, Law Commission of Ontario LCO


Statements from Supreme Court justices on the death of Justice Ginsburg (updated)

The eight members of the Supreme Court, along with retired Justices Anthony Kennedy and David Souter, released on Saturday addressing the death of Justice Ruth Bader Ginsburg. The full text of their remarks is below the jump: Chief Justice John Roberts: Our Nation has lost a jurist of historic stature. We at the Supreme Court have lost a cherished colleague. Today we mourn, but with confidence that future generations will remember Ruth Bader Ginsburg as we knew her — a tireless and resolute ...
Tags: London, Featured, Supreme Court, Law, Virginia, Court, America, God, Ruth Bader Ginsburg, Ruth, Sonia Sotomayor, Mary, John Roberts, D C Circuit, Ginsburg, Marty


In (sentencing) memoriam: noting a few major sentencing majority opinions by Justice Ginsburg

Justice Ruth Bader Ginsburg was nominated to be a Justice when I was still in law school, so it has been a very long time since I have thought about a Supreme Court without her voice and views being integral to the Court's work.  And, as I noted in this post last night, she was literally the critical swing vote in US v. Booker to give us the advisory guideline system that has defined the federal sentencing for over fifteen years. Though Justice Ginsburg did not write an opinion in Booker, she wr...
Tags: Supreme Court, Law, California, Oregon, Court, US, Indiana, United States, Arizona, Ruth Bader Ginsburg, Booker, Ginsburg, Cunningham, Kimbrough, Douglas A Berman, Timbs


Justice Ruth Bader Ginsburg, feminist pioneer and progressive icon, dies at 87

Ruth Bader Ginsburg, a trailblazer who fought for gender equality as a lawyer and became a beloved hero of the progressive movement as a justice, died on Friday of complications from pancreatic cancer. When she was confirmed to the Supreme Court in 1993, Ginsburg was a reserved and relatively unknown court of appeals judge, but during the course of her 27 years on the court she became an improbable pop-culture icon, inspiring everything from an Oscar-nominated documentary film to her own action ...
Tags: New York, Texas, Featured, Sweden, Supreme Court, Law, Obama, Congress, Washington, Senate, White House, Virginia, Russia, Court, Alabama, America


Thursday Thinkpiece: Trump, Twitter & the 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. Trump, Twitter & The Law Author: Sheldon Burshtein ISBN: 978-1-988824-61-1 (Trade Paperback) Publisher: Durvile Page Count: 796 Publication Date: September 1, 2020 Regular Price: $49.95 (Paperback) Excerpt...
Tags: Transportation, New York, Isis, Law, Obama, Congress, Navy, California, Nsa, Senate, White House, China, Islamic State, Iraq, Defense, Court


Thursday round-up

The Supreme Court on Wednesday released two pieces of new information about oral arguments for its upcoming 2020-21 term. The court said that, due to the coronavirus pandemic, it will hear arguments by telephone at least through its October sitting while releasing an audio livestream, as it did in May. The court also released its argument calendar for its December sitting (the court’s October and November argument calendars were released previously). Amy Howe (in stories that first appeared at H...
Tags: Supreme Court, Law, Congress, Court, Bloomberg, Gop, Philadelphia, Npr, Donald Trump, Ruth Bader Ginsburg, Trump, Round-up, Howe, Greg Stohr, Stephen Breyer, Amy Howe


The Public-Private Role of Federal Reserve Banks

Bozeman Financial LLC v. Federal Reserve Bank of Atlanta, et al. (Supreme Court 2020) The question in this case is whether the Federal Reserve Banks are people.  The Patent Act allows any “person” to file a petition for covered-business-method review (or IPR/PGR). Return Mail, Inc. v. United States Postal Serv., 139 S. Ct. 1853 (2019) held (1) the U.S. Gov’t is not a person under the statute and (2) consequently the USPS (a branch of the US gov’t) is not permitted to petition the USPTO for revie...
Tags: Supreme Court, Law, Senate, Court, US, United States, Usps, Uspto, Federal Reserve, AIA, Patent, Board, Freddie Mac, Alexander Hamilton, Bozeman, PTO


Justices to hear October arguments by phone

The Supreme Court announced on Wednesday that it will start its new term in October by hearing oral arguments the same way that it did at the end of its previous term: remotely, with the justices and lawyers participating by telephone as a result of the coronavirus pandemic. Members of the public will once again be able to listen to oral arguments live, through a feed provided by the court to the media and then made available by the media to the public. The announcement by the court’s Public Inf...
Tags: Featured, Supreme Court, Law, Court, Lyle Denniston, John Roberts, Reporters Committee for Freedom of the Press, Howe, Clarence Thomas, What's Happening Now, Public Information Office, Reporters Committee


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. Climans v. Latner, 2020 ONCA 554 (CanLII) [71] As I explain on the first issue, the trial judge found that the parties were spouses within the meaning of s. 29 of the FLA because they “cohabited” for a period of not less than three years. To determine whether the parties had cohabited, t...
Tags: Law, Court, Grant, Fla, SCC, Karlin, Latner, Cardozo, Wednesday: What's Hot on CanLII, Attar, Bent, Fonds, Torstar Corp, McLachlin, Culkin, Canada Citizenship and Immigration


A Closer Look at a Troubling Anti-Scraping Ruling from Spring–Compulife Software v. Newman (Guest Blog Post)

by guest blogger Kieran McCarthy Compulife Software, Inc. v. Newman is the first circuit court case in more than half a decade to expand liability for web scrapers under state and federal law. The two most recent circuit court opinions that addressed web scraping–hiQ Labs, Inc. v. LinkedIn Corp. a decision from the Ninth Circuit in 2019, and Sandvig v. Barr, a 2020 case out of the DC Circuit—both significantly limited the scope of liability for web scraping under federal law. Both of those cases...
Tags: Florida, Law, Court, Copyright, Trade Secrets, Newman, Christopher, Ninth Circuit, Barr, Eleventh Circuit, CFAA, DC Circuit, LinkedIn Corp, Trespass to Chattels, Kieran McCarthy, hiQ Labs Inc


Monday’s Mix

Each Monday we present brief excerpts of recent posts from five of Canada’s award­-winning legal blogs chosen at random* from more than 80 recent Clawbie winners. In this way we hope to promote their work, with their permission, to as wide an audience as possible. This week the randomly selected blogs are 1. Legal Post Blog 2. Know How 3. The Lean Law Firm 4. The Factum 5. All About Information Legal Post Blog Howard Levitt: Why employees can’t refuse to return to work because they fea...
Tags: Law, Court, Canada, Ontario, Supreme Court of Canada, Hansard, Monday’s Mix, Maranda, Court of Appeal for British Columbia, Parliamentary Historical Resources Conducting


Anti-SLAPP Motions at the Supreme Court

Two significant anti-SLAPP cases have been released, in conjunction, by the Supreme Court. Bent v. Platnick deals with a motion in a defamation action that was initially successful in getting dismissed. The Court of Appeal reversed the decision, and the Court upheld the appeal, specifically on the likelihood of the plaintiff’s success. The case involved the reputation of a doctor on a lawyers’ listserv, which bolstered the interests in having the matter adjudicated on the merits. The Court in 17...
Tags: Supreme Court, Law, Court, Court of appeal, Ontario, Supreme Court of Canada, Substantive Law: Judicial Decisions, CJA, Ontario Ltd, Legislative Assembly of Ontario, Pointes Protection Association, Pointes, Platnick, Supreme Court Bent, Hon Madeleine Meilleur


A woman deliberately cut off her hand with a circular saw in a $1.2m insurance scam

Julija Adlesic kept her left hand covered in court. Sky News A Slovenian woman has been sentenced to two years in jail after been found guilty of attempted insurance fraud. Julija Adlesic and her boyfriend plotted to deliberately saw off her hand to receive a €1m ($1.2m) payout, Sky News reports. Adlesic claims it was an accident. However, her boyfriend's internet history shows he searched for prosthetic hands the day before the incident. Visit Business Insider's homepage for more stories....
Tags: News, Court, Trends, Insurance, Fraud, Slovenia, Trial, Sky News, Scam, Ljubljana, Rachel Hosie, Adlesic, UK Weekend, Lifestyle UK, Julija Adlesic


"The War on Drugs: Moral Panic and Excessive Sentences"

The title of this post is the title of this new article now available via SSRN and authored by Michael Vitiello.  Here is its abstract: The United States’ War on Drugs has not been pretty. Moral panic has repeatedly driven policy when states and the federal government have regulated drugs.  Responding to that panic, legislators have authorized severe sentences for drug offenses.  By design, Article III gives federal judges independence, in part, to protect fundamental rights against mob rule.  ...
Tags: Supreme Court, Law, Congress, Court, United States, Two Supreme Court, Douglas A Berman, SSRN, Solem, Michael Vitiello, Helm the Supreme Court


Delay and Access to Justice: Revisited

“…Why, some of the work that I have by me now has been in my possession for years and years, and there isn’t a fingermark on it. I take a great pride in my work; I take it down now and then and dust it. No man keeps his work in a better state of preservation than I do.” Jerome K. Jerome, Three Men in a Boat (To Say Nothing of the Dog) In my last Slaw column I wrote about the potential impact of the Supreme Court’s decision on delay in criminal proceedings (R. v Jordan). In that column I wondered...
Tags: Supreme Court, Law, Court, Canada, Court of appeal, Jordan, British Columbia, Saskatchewan, Supreme Court of Canada, R, Jerome K Jerome, Mauldin, Dispute Resolution, Lebel, Columbia Court of Appeal, Hryniak


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. R. v. Roth, 2020 BCCA 240 (CanLII) [142] Failing to conduct a critical assessment of testimonial weaknesses that could undermine the Crown’s evidentiary foundation on an essential element of the offence can be indicative of uneven scrutiny: Mehari at para. 34; Willis at para. 44. In my v...
Tags: Law, Court, Poole, Willis, Haslam, Purdy, R, SCC, Spence, Wednesday: What's Hot on CanLII, Elsley, Recovery Service Ltd, J G Collins Insurance Agencies Ltd, Zinati


Trump releases new list of potential Supreme Court nominees

With just under two months remaining before the 2020 presidential election, President Donald Trump on Wednesday released a new list of potential Supreme Court nominees – his fourth such list since 2016. The announcement of the new list fulfilled a promise that the president made in a tweet in June, when Trump pledged not only to publish a “new list of Conservative Supreme Court Justice nominees” but also to fill any future vacancies on the court from that list. In a news conference at the White ...
Tags: Texas, Featured, Supreme Court, Law, Obama, Washington, Mexico, White House, Lgbt, Court, United States, Ronald Reagan, Department Of Justice, Donald Trump, George W Bush, Paul Clement


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


Court Adopts New Evidentiary Standard for Science

In 2020 when science and politics appear to have collided in a car wreck, confidence of the public in scientists is at an all time low. That observed, the public does not often think about the role courts have in accepting scientific theories. Last week Maryland’s highest court drew attention to this vital unsettled matter nationwide when it adopted a new evidentiary standard for scientific testimony. While the case before the Court involved the harm caused by lead paint exposure and many think ...
Tags: Maryland, Supreme Court, Law, Climate Change, Court, Environmental, United States, Junk Science, Court of Appeals, Baltimore City, Frye, Stuart Kaplow, Supreme Court of the United States, Merrell Dow Pharmaceuticals Inc, Daubert, Kaplow


Monday’s Mix

Each Monday we present brief excerpts of recent posts from five of Canada’s award­-winning legal blogs chosen at random* from more than 80 recent Clawbie winners. In this way we hope to promote their work, with their permission, to as wide an audience as possible. This week the randomly selected blogs are 1. Condo Adviser 2. Great LEXpectations 3. First Reference 4. BC Injury Law Blog 5. BC Provincial Court eNews Condo Adviser Webinars are back ! COVID UPDATE on Wed. September 9 @ 5pm ...
Tags: Law, Court, Toronto, Canada, British Columbia, Ontario, John Thompson, John A Macdonald, Dhillon, Monday’s Mix, BC Provincial Court, BC Supreme Court Vancouver Registry, Provincial Court of British Columbia, Uy, BC Injury Law Blog, Coquihalla


Court Denies TRO Seeking to Remove Facebook’s “Russia State-Controlled Media” Label–Maffick v. Facebook

Maffick publishes millennial-friendly videos on Facebook pages titled “In the Now,” “Waste-Ed” and “Soapbox.” See this CNN article for some background. Facebook added its new “Russia State-Controlled Media” label to their pages (see today’s screenshot on the right; I added the highlights). Maffick responded with a lawsuit alleging defamation and related claims, and it sought a TRO against the label. The court rejects it. The court sidesteps the question of whether the label constitutes non-acti...
Tags: Facebook, Law, Russia, Court, Cnn, United States, Moscow, Kremlin, Garcia, Facebook Inc, Ninth Circuit, RT, Content Regulation, Derivative Liability, U S Director of National Intelligence, Ruptly


Florida Rejects Diploma Privilege

The Florida Supreme Court rejected a plea to change its rules to permit bar admission based on a law school diploma due to the pandemic's impact on the bar examination Petitioners, now, ask the Court to adopt emergency rules that... [Author: Legal Profession Prof]
Tags: Florida, Law, Court, Florida Supreme Court, Legal Profession Prof, Bar Discipline & Process


Another Roundup of Online Contract Formation Cases

Time for another roundup of online contract formation cases. HomeAdvisor, Inc. v. Waddell, 2020 WL 2988565 (Tex. Ct. App. June 4, 2020) The court finds this a valid contract formation process: The court explains: the submittal page was uncluttered, with only a few spaces to enter information, and a large orange submit button with the phrase “By submitting this request, you are agreeing to our Terms & Conditions” written directly underneath. The text with the hyperlink to the terms and condition...
Tags: Facebook, Law, Court, E-commerce, Homeadvisor, Waddell, Berman, Licensing/Contracts, Evidence/Discovery, Magisto, Hubbert, HomeAdvisor Inc, Tos, Vimeo Inc, HomeAdvisor HomeAdvisor, Acaley



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