Posts filtered by tags: Smith[x]


"Boston Accent Ranked Second Sexiest in America, Survey Says."

Boston 10 reports.Texas is #1, in case your wondering. My favorite part of the ranking is "14. Yooper."And I learned a new term "Hoi Toider." (At #35.) I thought it might be a joke, but:High Tider or Hoi Toider is a dialect of American English spoken in very limited communities of the South Atlantic United States—particularly, several small island and coastal townships in the rural North Carolina "Down East" that encompasses the Outer Banks and Pamlico Sound (specifically including Atlantic, Sea...
Tags: Texas, Law, Boston, America, Michigan, North Carolina, Smith, Accents, Tangier, Chesapeake Bay, Outer Banks, Pamlico Sound, Ocracoke, Ann Althouse, Carteret County, Harkers Island

Relist Watch

John Elwood reviews Monday’s relists. The world’s a mess: Tension in the Persian Gulf; turmoil in global trade; persistent conflict. The way things are going, many people can’t even seek comfort in simple escapism. But amid all the conflict and strife, you can at least take comfort in the familiar ritual of opening a new week’s installment of Relist Watch and saying those familiar words uttered by legions of readers since our second installment: “It’s not funny anymore.” Last week’s relists yiel...
Tags: Florida, Featured, Maryland, Supreme Court, Law, Congress, Planned Parenthood, Kentucky, Oregon, Iraq, Court, Alabama, Indiana, Dhs, Afghanistan, United States

Detroit Will Pay Out $60,000 To Woman Whose Dogs Were Shot On A Marijuana Raid

Reason: The City of Detroit will pay out $60,000 to settle a federal civil rights lawsuit by a woman who says police wantonly shot and killed her three dogs during a marijuana raid three years ago. The plaintiff, Nikita Smith, claimed in a 2016 lawsuit that officers from Detroit’s Major Violators Unit acted as a “dog death squad” when they executed a narcotics search warrant on her house for a suspected marijuana offense, shooting three of her pit bulls, including one that was behind a closed ba...
Tags: Police, Chicago, Military, United States, Smith, Detroit, Chris Olson, Kenneth Savage, Ashley Franklin, Nikita Smith, Detroit s Major Violators Unit

Summaries Sunday: Supreme Advocacy

One Sunday each month we bring you a summary from Supreme Advocacy LLP of recent decisions at the Supreme Court of Canada. Supreme Advocacy LLP offers a weekly electronic newsletter, Supreme Advocacy Letter, to which you may subscribe. It’s a summary of all appeals as well as leaves to appeal granted so you will know what the SCC will soon be dealing with (April 20 to May 10, 2019 inclusive). Oral Judgments Criminal Law: Delay; Mootness R. v. Thanabalasingham, 2018 QCCA 197; 2019 SCC 21 (379...
Tags: Law, Canada, Court of appeal, Smith, Quebec, Association, Martin, Brown, Cooper, Bennett, Abella, Bradshaw, Toronto Dominion Bank, R, SCC, Dickson

Relist Watch

John Elwood reviews Monday’s relists. With nothing happening in the news, I feel like there’s not much to work with for the traditional flimsy topical introduction. So let’s just get started. Only two new relists this week. Both Myers v. United States, 18-6859, and Santos v. United States, 18-7096, involve fairly arcane issues about what crimes qualify as predicate offenses under the much-litigated Armed Career Criminal Act – specifically, whether certain state crimes are “divisible,” meaning th...
Tags: Florida, Featured, Maryland, Supreme Court, Law, Oregon, Court, Indiana, Dhs, United States, Davis, Nielsen, Johnson, Illinois, Smith, Naacp

Petitions of the week

This week we highlight petitions pending before the Supreme Court that address the circumstances under which a party that physically supplies a vessel with fuel or other necessaries possesses a statutory maritime lien; when absolute immunity shields a prosecutor’s handling of post-conviction DNA testing under Imbler v. Pachtman; and whether Martinez v. Ryan and Trevino v. Thaler apply to ineffective-assistance-of-trial-counsel claims that were technically raised in state habeas proceedings, but ...
Tags: Supreme Court, Law, Moon, Smith, Ryan, Martinez, Mays, Goldstein Russell, Trevino, Cases in the Pipeline, Thaler, Imbler, Pachtman, County of El Paso Texas, NuStar Energy Services Inc, ING Bank N

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. Platnick v. Bent, 2018 ONCA 687 [110] Without diminishing the public interest in protecting comments made to promote the effective administration of justice, I am satisfied that the potential harm to Dr. Platnick outweighs the public interest in protecting Ms. Bent’s expression. Dr. Plat...
Tags: Law, Canada, Ferguson, Smith, Muir, Wednesday: What's Hot on CanLII, Rezaei, Platnick, Burgess Check, Kawartha Haliburton Children 's Aid Society

Reschedule Watch Returns

John Elwood reviews Monday’s relists. A lot of movement on the relist front this week. Most noteworthy of all, the Supreme Court granted the long–simmering trio of cases involving whether Title VII of the Civil Rights Act of 1964 applies to discrimination on the basis of sexual orientation or discrimination on the basis of gender identity. At 10 relists each, the cases were well past the usual “sell by date” at which it’s more likely that the cases will be the subject of a summary reversal or a ...
Tags: Featured, Maryland, Supreme Court, Law, Oregon, Indiana, Dhs, United States, Philadelphia, Nielsen, Illinois, Smith, Naacp, Department Of Homeland Security, DOE, University Of California

Vintage Smith & Wesson Handgun Lands Two In Prison In UK

News from the UK. A FATHER and son who were caught with a vintage Smith and Wesson pistol and stored it in a Tranmere storage unit have been sent to prison for a total of three years. Philip Williams hid the 100-year-old weapon in a lock-up in Oakenholt, Flintshire, Wales and claimed he forgotten about it after unearthing it in a crate he was left to look after by an unknown farm worker. But Mold Crown Court heard he moved the gun around to another storage unit in Tranmere and painted the handle...
Tags: UK, Britain, Military, Gun Control, Smith, Tranmere, Patrick, Smith and Wesson, Daniel Williams, Philip Williams, Bodfari, Oakenholt Flintshire Wales, Niclas Parry, Williams Snr, Oakenholt, Michael Whitty

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: Iancu v. Brunetti Emulex Corp. v. Varjabedian Parker Drilling Management Services, Ltd. v. Newton North Carolina Department of Revenue v. The Kimberley Rice Kaestner 1992 Family Trust United States v. Davis McDonough v. Smith   The post Now available on Oyez: This week’s oral argument audio aligned with the transcripts appeared first on SCOTUSblog. ...
Tags: Supreme Court, Law, Smith, Oyez, Merits Cases, Iancu, Brunetti Emulex Corp, Newton North Carolina Department of Revenue, Davis McDonough

Friday round-up

As Amy Howe reports for this blog, the court issued revisions to its rules yesterday that reduce the word limits for merits briefs and “require the parties to a case before the Supreme Court to identify any lower-court cases that are directly related to the Supreme Court proceedings.” At Bloomberg Law, Kimberly Robinson reports that practitioners welcomed the latter changes, which are “intended to reduce ‘missed’ conflicts, where the justices recognize late in proceedings that there are grounds ...
Tags: Supreme Court, Law, Bloomberg, Smith, Patterson, Round-up, McDonough, Heritage Foundation, Jessica Mason Pieklo, Amy Howe, Bucklew, Goldstein Russell, Walgreen Co, The George Washington Law Review, Elizabeth Slattery, Neil Gorsuch

Relist Watch: The Muller Report

John Elwood reviews Monday’s relists. I normally try to have Relist Watch written up by Wednesday after the court issues its order list. Here it is late Thursday and I’m just getting it out. It’s not just that I’m lazy, though I am. It’s that I’ve been mulling over the five new relists, and what I think their prospects are for Supreme Court review. In fact, I’ve been mulling these cases so deeply that you could call today’s installment the “Muller Report.” I like the ring of it. I’ve also spent ...
Tags: Featured, Maryland, Supreme Court, Law, Congress, Washington, Oregon, San Francisco, Indiana, Dhs, United States, Nielsen, Illinois, Smith, Naacp, Ada

Argument analysis: Spinning heads and swimming constitutional rights in debates over an accrual rule

McDonough v. Smith, argued Wednesday, saw justices and attorneys repeating metaphors about heads spinning and constitutional rights swimming. The justices seemed inclined to rule for the petitioner (supported by the United States) that his claim was timely and that the limitations period on a civil action should not begin until favorable termination of criminal proceedings. But the likely scope of the ruling remains uncertain. Respondent Youel Smith prosecuted petitioner Edward McDonough, a form...
Tags: Featured, Supreme Court, Law, United States, Smith, Ruth Bader Ginsburg, Wall, Sonia Sotomayor, John Roberts, Roberts, Ginsburg, Elena Kagan, Kagan, McDonough, Samuel Alito, Kavanaugh

Argument transcripts

The transcript of oral argument in United States v. Davis is available on the Supreme Court’s website; the transcript in McDonough v. Smith is also available. The post Argument transcripts appeared first on SCOTUSblog.
Tags: Supreme Court, Law, United States, Davis, Smith, McDonough, Merits Cases

Wednesday round-up

Two oral arguments are on the justices’ agenda this morning. First up is United States v. Davis, which asks whether the definition of “crime of violence” is unconstitutionally vague in the context of federal criminal prosecutions involving firearms. Leah Litman previewed the case for this blog. Isaac Syed has a preview at Cornell Law School’s Legal Information Institute. Today’s second argument is in McDonough v. Smith, in which the court will decide when the statute of limitations begins to run...
Tags: Supreme Court, Law, America, United States, Davis, Smith, Cornell, Economist, Round-up, Alison Frankel, McDonough, Steven Mazie, Brunetti, Bill Donahue, Iancu, Howard Wasserman

This week at the court

The Supreme Court will release orders from the April 12 conference on Monday at 9:30 a.m.; John Elwood’s Relist Watch compiles that petitions that were likely relisted for this conference. On Monday, the justices hear oral argument in Iancu v. Brunetti and Emulex Corp. v. Varjabedian. On Tuesday, the justices hear oral argument in Parker Drilling Management Services, Ltd. v. Newton and North Carolina Department of Revenue v. The Kimberley Rice Kaestner 1992 Family Trust. On Wednesday, the justic...
Tags: Supreme Court, Law, United States, Davis, Smith, Newton, McDonough, Brunetti, This Week at the Court, John Elwood, Iancu, Emulex Corp, North Carolina Department of Revenue, Varjabedian, Parker Drilling Management Services Ltd

Argument preview: Searching for an accrual rule when the government fabricates evidence in a criminal proceeding

McDonough v. Smith, to be argued on April 17, offers the Supreme Court another opportunity to clarify when civil-rights claims accrue, when statutes of limitations begin running, and how to define the interaction between civil and criminal litigation for resolving constitutional claims. The claim here alleges fabrication of evidence in a criminal proceeding. Petitioner Edward McDonough was the Democratic Commissioner of the Rensselaer County (New York) Board of Elections. A 2009 investigation ...
Tags: New York, Featured, Supreme Court, Law, United States, Smith, U S Court of Appeals, Humphrey, Rodriguez, McDonough, 2nd Circuit, Merits Cases, Smith Smith, U S Courts of Appeals, Heck, Petitioner Edward McDonough

Recap of the Copyright Office’s Section 512 Study Roundtable

On Monday, I participated in a Copyright Office roundtable regarding their long-delayed report on Section 512. The roundtable was intended to update the study’s record from 2017, when progress stalled on the report. Thus, the topic nominally was to discuss how the law, especially the caselaw, had changed in the intervening years. In fact, 512 caselaw has noticeably slowed down since 2017, so there are only a handful of cases to discuss, and they reached messy results. Some cases since Jan. 1, 20...
Tags: Google, Amazon, Facebook, Europe, Instagram, Fcc, Etsy, Law, Congress, Youtube, US, Eu, Copyright, Pirate Bay, Rebecca, Canada

Reforming the Canadian Judicial Council: The Benefit of Expanding the Consultation

In an interview with the National Post on March 31st, Chief Justice Richard Wagner announced that he planned to reform the Canadian Judical Council, saying “everything is on the table”. The Chief Justice also indicated that “he is reaching out to senior judges across the country to garner their views on what changes are needed”. So, an internal review to determine what kind of changes are required to an internal process considering judges’ conduct. Is it enough to consult only with “senior judge...
Tags: Law, Canada, Smith, Ottawa, Patrick, Wagner, National Post, Supreme Court of Canada, Richard Wagner, SCC, Judicial Council, CJC, Melissa Smith, Lakehead, Lori Douglas, Justice Issues

How Have Section 512(f) Cases Fared Since 2017? (Spoiler: Not Well)

On Monday, I’m participating in a Copyright Office workshop on Section 512. The workshop supports the Copyright Office’s long-pending Section 512 report, which started in 2015 but stalled out in 2017. To freshen up the project, the workshop will cover developments since 2017. Over 50 “speakers” are participating in the panels, and each has been given a total of 45 *SECONDS* to make introductory remarks. I do talk fast…but not that fast! My incredibly brief remarks will address the caselaw update...
Tags: Law, Copyright, Ohio, Dmca, Kazakhstan, Johnson, Smith, Crossfit, Vodka, Usc, Viacom, Automattic, Shropshire, Copyright Office, Umg, Dod

When emojis and the law collide

Here is a recent Daily Record column. My past Daily Record articles can be accessed here. ***** When I started writing about the intersection of law and technology in 2006, emojis were a sidebar in the world of communication. Until the release of the first smartphone, the iPhone, emojis were typically used only in certain online chat rooms. But with the release of the iPhone in 2007, people were able to use emojis more often using various messaging apps. And then when iOS 6 was released in 201...
Tags: Apple, Facebook, New York, Law, Washington, Court, Web/Tech, Rochester, Smith, Thomson Reuters, Aba, ABA Journal, Rochester New York, California Court of Appeal, Daily Record--Legal Currents Column, Law & Technology

Empirical SCOTUS: Is Kavanaugh as conservative as expected?

On Monday, April 1, 2019, the Supreme Court decided the case Bucklew v. Precythe, with the five conservative justices in the majority and the four liberals in dissent. To some, including legal scholar and CNN analyst Steve Vladeck, this ruling ushered in a new conservative court without the moderating anchor of Justice Anthony Kennedy. Going even further, Slate’s Mark Joseph Stern referred to the decision as “beyond appalling,” while Think Progress’ Ian Millhiser described it as “the most bloodt...
Tags: Supreme Court, Law, Cnn, United States, Davis, Nielsen, Smith, Donald Trump, Ruth Bader Ginsburg, Delaware, Kennedy, Sanders, Thomas, Sonia Sotomayor, Antonin Scalia, John Roberts

Relist Watch

John Elwood previews next Monday’s likely relists. This week’s installment is going to be brief, but at least it won’t be funny. It’s not just that I’m pressed for time, though I am: As I type this, the power is out for my entire neighborhood, and I sit hunched over my laptop in inky blackness. Apparently, the universe has decided that my gratuitous hyperlinks need to be given a rest. There was one grant out of last week’s relists, pushing the Kansas Supreme Court into an early lead as the most-...
Tags: Featured, Supreme Court, Law, Congress, Oregon, Time, Indiana, Dhs, United States, Portland, Nielsen, Box, Smith, Naacp, Department Of Homeland Security, University Of California

Canadian Judicial Council Seeks Input on Revising Ethical Principles for Judges

The conduct of federally-appointed judges in Canada is governed by the Judges Act and by Ethical Principles for Judges, guidelines released by the Canadian Judicial Council. The Council is responsible for addressing complaints about judicial conduct under both the legislation and the Principles. The CJC has initiated a review of the Principles and is seeking input through a survey and freestanding submissions. It has published a short background paper to assist those wishing to provide their vie...
Tags: Facebook, Law, Canada, Smith, Council, Supreme Court of Canada, McLeod, CJC, Justice Issues, Amy Salyzyn, Ontario Judicial Council, Principles of Judicial Office, Donald McLeod, Judicial Council Seeks Input, Ethical Principles for Judges, Canadian Judicial Council The Council

Federal judge rules ADA requires Maine jail to provide woman with access to medication-assisted treatment during her 40-day term

As explained in this ACLU posting, a US District Court judge in Maine issued a notable ruling last week about prisoner rights and the ADA.  Here are the basics from the posting: In a landmark decision, a federal judge has ordered the Aroostook County Jail to provide a Madawaska woman with access to medication-assisted treatment (MAT) for her opioid use disorder during her 40-day jail sentence, which is scheduled to begin on Monday. The 28-page ruling comes in the case of Brenda Smith, who uses ...
Tags: Law, PL, Maine, Aclu, Smith, Ada, US District Court, Hayes, Aroostook County, Madawaska, Maine Department of Corrections, Douglas A Berman, U S District Court for the District of Maine, Shawn Gillen, Brenda Smith, Nancy Torresen

Professional Shooter Uses ‘Gun Therapy’ To Lessen Symptoms Of Parkinson’s Disease

Fox News: David Smith had long been a competitive shooter, and he wasn’t going to allow a diagnosis of Parkinson’s disease to end his hobby. The 46-year-old, now considered by a “powerhouse on the competitive circuit,” and who just scored a spot at the 2019 World Rifle Shoot in Sweden, was first diagnosed with the crippling nervous system disorder eight years ago. But rather than shrinking away, Smith confronted Parkinson’s head-on and developed what he calls “gun therapy” as a means t...
Tags: Facebook, New York, Sweden, Guns, Military, Fox News, Parkinson's Disease, Smith, David Smith, Firearms, Parkinson, Norman Fried

Thursday round-up

Amy Howe analyzes yesterday’s oral argument in Kisor v. Wilkie, in which the justices considered whether to overrule precedents that require courts to defer to a federal agency’s reasonable interpretation of its own regulations, for this blog, in a post that first appeared at Howe on the Court; she reports that the justices were “deeply divided in a case in which their ruling could have implications not only for veterans but also for other areas of the law ranging from the environment to immigra...
Tags: Supreme Court, Law, Bloomberg, Cnn, Alaska, New York Times, SEC, Louisiana, Smith, Frost, Sturgeon, Securities And Exchange Commission, National Park Service, Round-up, Reuters, John Roberts

Wednesday round-up

The justices will hear argument in one case this morning: Flowers v. Mississippi, which asks whether a prosecutor’s repeated use of peremptory challenges to remove black people from the jury pool violated the Constitution. Amy Howe previewed the case for this blog, in a post that was first published at Howe on the Court. Cecilia Bruni and Brady Plastaras have a preview at Cornell Law School’s Legal Information Institute. At AP, Jeff Amy and Mark Sherman report that “[t]he state, defending the co...
Tags: New York, Mississippi, Supreme Court, Law, Congress, Oregon, Court, America, Georgia, Bloomberg, Ap, Atlantic, United States, Hawaii, Liberty, New York Times

Argument analysis: Justices grapple with meaning of final decision made after a hearing

In Monday’s oral argument in Smith v. Berryhill, the justices confronted a split among the courts of appeals as to whether an SSI disability claimant can obtain judicial review of the Social Security Appeals Council’s dismissal of his appeal as untimely under 42 U.S.C. sec. 405(g). Section 405(g) provides that “[a]ny individual, after any final decision of the Commissioner of Social Security made after a hearing to which he was a party, … may obtain review of such decision by a civil action.” ...
Tags: Featured, Supreme Court, Law, Congress, Social Security, Commission, Smith, Social Security Administration, Ruth Bader Ginsburg, Sonia Sotomayor, John Roberts, Roberts, Ginsburg, U S Court of Appeals, Sotomayor, Kimberly

Want to see a warship? Seal Beach Weapons Station will host tours March 23-24

In a rare opportunity for the public to board a warship at the Seal Beach Naval Weapons Station, the Navy will be giving free tours this weekend of the guided missile cruiser USS Princeton as part of 75th anniversary celebration at the base. The tours will be held Saturday, March 23, from 10 a.m. to 2:30 p.m. and Sunday, March 24, from 10 a.m. to 1:30 p.m.. “The last public ship tour we did on base was in October 2012,” said base spokesman Gregg Smith. The weapons depot was established in 1944, ...
Tags: Navy, Washington, Uncategorized, Sport, Atlantic, Soccer, Military, Local News, Smith, Princeton, Pacific, Pacific Coast Highway, Beaches, Pacific Fleet, Southern California News Group, Top Stories OCR

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