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Book Review: The Unfulfilled Promise of Press Freedom in Canada

Several times each month, we are pleased to republish a recent book review from the Canadian Law Library Review (CLLR). CLLR is the official journal of the Canadian Association of Law Libraries (CALL/ACBD), and its reviews cover both practice-oriented and academic publications related to the law. Reviewed by Paul F. McKenna Adjunct, School of Graduate Studies Dalhousie University In CLLR 43:2 The Unfulfilled Promise of Press Freedom in Canada. Edited by Lisa Taylor & Cara-Marie O’Hagan. Toronto...
Tags: Supreme Court, Law, Book Reviews, Canada, George Orwell, Cameron, Smith, Taylor, Allan, RCMP, Steyn, MacLean, Ashley Smith, Lisa Taylor, Mark Steyn, Mencken


Smith & Wesson: Reputation Among Gun Supporters Is Main Concern

Fox Business: Alienating firearms backers would “cause the greatest reputational and financial harm” to American Outdoors Brand Corp., the manufacturer disclosed in a federal filing on Friday “The one overriding factor mitigating the effectiveness of gun control groups to damage the reputations of those in the firearms business is the passion and strength of firearms owners in defending their rights at the ballot box, in the course of legislative debates, and in the marketplace,” Smith & Wesson...
Tags: Guns, Military, Smith, Dick, Pittsburgh, Fox Business, Firearms, Smith Wesson, Springfield Massachusetts, Sporting Goods, AOBC, American Outdoors Brand Corp, Firearms Manufacturers, American Outdoors Brand Corp AOCB, Ruger Savage


Court releases April calendar

The Supreme Court has released its calendar for the April sitting, which begins on April 15. Unlike the February and March sittings, which will feature only six and nine hours of argument, respectively, the April sitting is scheduled to have a full slate of 12 oral arguments – two on each of the six days of the sitting. The April sitting is perhaps most noteworthy for what it does not currently include: the challenge to the Trump administration’s decision to add a question about citizenship to t...
Tags: New York, Featured, Supreme Court, Law, California, United States, Davis, Wisconsin, Smith, United, Newton, Trump, Howe, Argus, McDonough, Brunetti


Michigan Attorney General files amicus briefs in state Supreme Court supporting challenges to state's sex offender registry

As reported in this press release, "Michigan Attorney General Dana Nessel filed amicus briefs in the Michigan Supreme Court [Friday, Feb 8] in Michigan v Snyder (Case number 153696) and People v Betts (Case number 148981), arguing that Michigan’s sex offender registration and notification requirements are punishment because they are so burdensome and fail to distinguish between dangerous offenders and those who are not a threat to the community."  Here is more from the release: “When originally...
Tags: Sixth Circuit, Supreme Court, Law, People, Pennsylvania, Alaska, Michigan, Smith, DOE, U S Supreme Court, Snyder, Michigan Supreme Court, Betts, Dana Nessel, John Does, Sixth Circuit Court of Appeals


Friday round-up

Robert Barnes of The Washington Post reports that a request by abortion providers in Louisiana to the Supreme Court for an emergency stay of a state law provides “an unexpectedly quick test on the issue for the court’s strengthened majority,” which otherwise “seems to have taken a low-key approach to this term, after an unwelcome moment in the political spotlight during the partisan brawl over [Justice Brett] Kavanaugh’s nomination.” Additional coverage come from Richard Wolf of USA Today, Sabri...
Tags: Supreme Court, Law, America, Fox, New York Times, Ferguson, Louisiana, Usa Today, Smith, The Washington Post, Center For Reproductive Rights, Nancy Northup, Round-up, Robert Barnes, Richard Wolf, Alito


Weapons Offenses: Is it Legal to Purchase an OTF Knife (Front Automatic Pocket Knife)

My question involves a consumer law issue in the State of: West Virginia I'm thinking about purchasing an OTF knife or two , which is why I'm curious as to the legality of doing so under federal law ... Now I realize that the Federal Switchblade Knife Act prohibits the shipping of switchblades across state lines , what isn't clear to me is whether or not OTF knives are considered to be switchblades under federal law . After all I've read that companies such as Schrade and Smith and Wess...
Tags: Law, West Virginia, Smith, Criminal Charges, Wesson, Schrade, OTF, OTF Knife Front Automatic Pocket Knife


Some Legal Questions About Purchasing Otf Knives

My question involves a consumer law issue in the State of: West Virginia I'm thinking about purchasing an OTF knife or two , which is why I'm curious as to the legality of doing so under federal law ... Now I realize that the Federal Switchblade Knife Act prohibits the shipping of switchblades across state lines , what isn't clear to me is whether or not OTF knives are considered to be switchblades under federal law . After all I've read that companies such as Schrade and Smith and We...
Tags: Law, West Virginia, Smith, Consumer Law, Wesson, Schrade, OTF


Relist Watch

John Elwood previews February’s likely relists. We’re now in the middle of the Supreme Court’s nearly month-long midwinter hiatus between conferences. This means that the court hasn’t actually relisted the cases that it wishes to consider again after the January 18 conference, and probably won’t do so until closer to February 11. Still, we have a pretty good idea of which cases will be relisted. But before we head on to that, let’s bid farewell to the relisted cases that moved on to fairer clime...
Tags: Texas, Featured, Mississippi, Supreme Court, Law, Congress, Planned Parenthood, Virginia, Freedom, Alabama, Indiana, Dhs, United States, Williams, House Of Representatives, Davis


Court releases March calendar

The Supreme Court issued the argument calendar for its March sitting today. Over a six-day period from March 18 through March 27, the justices will hear oral argument in nine cases. Three of those cases are likely to be among the biggest cases of the term. On March 26, in Rucho v. Common Cause and Lamone v. Benisek, the justices will return to the topic of partisan gerrymandering – that is, the idea that state officials violate the Constitution when they draw district lines to favor one politica...
Tags: Featured, Mississippi, Maryland, Supreme Court, Law, Kentucky, Virginia, United States, Federal Communications Commission, North Carolina, Flowers, Smith, U S Supreme Court, Howe, Mississippi Supreme Court, Wilkie


LawNext Episode 25: Using AI to Enhance Virtual Receptionists, with Smith.ai

 What do you get if you combine a virtual receptionist service with artificial intelligence? Spoiler alert: The answer is not robots answering the phone. Rather, the folks at Smith.ai say the combination results in a superior receptionist service for both live calls and website chat. By incorporating AI, they say, their service continually gets smarter as it comes to know your practice and your clients. On this episode of LawNext, I speak with Smith.ai’s Justin Maxwell, cofounder and chief ...
Tags: Apple, Google, Facebook, Law, Maxwell, Silicon Valley, Smith, Justin Maxwell, Martin, Bob Ambrogi, LawNext, Maddy Martin, Google Apple Mint Intuit Sony


LawNext Episode 25: Using AI to Enhance Virtual Receptionists, with Smith.ai

 What do you get if you combine a virtual receptionist service with artificial intelligence? Spoiler alert: The answer is not robots answering the phone. Rather, the folks at Smith.ai say the combination results in a superior receptionist service for both live calls and website chat. By incorporating AI, they say, their service continually gets smarter as it comes to know your practice and your clients. On this episode of LawNext, I speak with Smith.ai’s Justin Maxwell, cofounder and chief ...
Tags: Apple, Google, Facebook, Law, Maxwell, Silicon Valley, Smith, Justin Maxwell, Martin, LawNext, Maddy Martin, Google Apple Mint Intuit Sony


Eight new grants, Ginsburg recovery from surgery “on track”

One day after Politico reported that White House officials were preparing for the possible “death or departure” of Justice Ruth Bader Ginsburg, who had surgery in late December to remove two cancerous growths from her lungs, the Supreme Court announced today that there was no evidence of any other cancer, and that the 85-year-old Ginsburg would not require any further treatment. Ginsburg’s recovery from surgery is “on track,” Supreme Court spokeswoman Kathleen Arberg said in a statement, althoug...
Tags: New York, Featured, Supreme Court, Law, California, White House, Usda, United States, South Dakota, United Arab Emirates, Davis, Wisconsin, Lgbtq, Smith, Ruth Bader Ginsburg, Newton


Relist Watch Returns

John Elwood reviews the first relists of 2019. Happy New Year and welcome back! Most of D.C. started 2019 nice and slow, enjoying offices (and roads) made quiet by vacations, both planned and unexpected. But not the Supremes. They jumped in with both feet, when most of the lawyering class was still finishing off their fruit baskets. On January 4, the court gave plenary review to the Maryland and North Carolina political-gerrymandering cases and set them for expedited briefing so they could be ...
Tags: Florida, Texas, Featured, Maryland, Supreme Court, Law, Congress, California, Planned Parenthood, Kentucky, Virginia, New York City, Freedom, Alabama, Indiana, United States


Ruby Receptionists Acquires ProfessionalChats, Expanding Its Offerings Into Online Chat

The Portland, Ore., virtual receptionist company Ruby Receptionists is today announcing its acquisition of the online chat service ProfessionalChats, a three-year-old company based in Kansas City, Mo. This is the first acquisition by Ruby, which was founded in 2003, and it will allow it to offer its customers managed chat services through their websites, Google listings and Facebook. “This will be a real game-changer for our customers, especially in the legal community,” Ruby founder and CEO Jil...
Tags: Google, Facebook, Law, Uncategorized, Portland, Ruby, Kansas City, Smith, Nelson, Bob Ambrogi, Scott Hansen, Ruby Receptionists, Jill Nelson, ProfessionalChats


Ruby Receptionists Acquires ProfessionalChats, Expanding Its Offerings Into Online Chat

The Portland, Ore., virtual receptionist company Ruby Receptionists is today announcing its acquisition of the online chat service ProfessionalChats, a three-year-old company based in Kansas City, Mo. This is the first acquisition by Ruby, which was founded in 2003, and it will allow it to offer its customers managed chat services through their websites, Google listings and Facebook. “This will be a real game-changer for our customers, especially in the legal community,” Ruby founder and CEO Jil...
Tags: Google, Facebook, Law, Uncategorized, Portland, Ruby, Kansas City, Smith, Nelson, Scott Hansen, Ruby Receptionists, Jill Nelson, ProfessionalChats


Purported SCOTUS originalists and liberals, showing yet again that they are faint-hearted, refuse to consider extending jury trial rights to restitution punishments

I noted in this post the array of per curiam rulings and statements that the Supreme Court released today to get 2019 off to an interesting criminal justice start.  Regular readers will not be surprised to learn that one particular decision, namely the decision to deny certiorari in Hester v. US, has me revved up.  Hester involves a claim that the Sixth Amendment jury trial right recognized in Apprendi, Blakely, Booker and Southern Union is applicable to cases in which findings are essential for...
Tags: Supreme Court, Law, Washington, US, America, United States, Smith, Kennedy, Jones, Commonwealth, Thomas, Henry Viii, State, Somerville, Roberts, Ginsburg


2H 2018 Quick Links, Part 2 (Trademarks)

*  Chanel, Inc. v. Wgaca,  2018 U.S. Dist. LEXIS 158077 (SDNY Sept. 14, 2018): Chanel’s amended complaint plausibly alleges that WGACA’s use of the hashtag #WGACACHANEL infringes Chanel’s trademarks. It alleges that WGACA conjoined its acronym with the Chanel trademark to create the impression that WGACA is affiliated with Chanel or is an authorized Chanel retailer…. WGACA’s Chanelbranded items would be readily identifiable as Chanel without the #WGACACHANEL hashtag and the multiple uses of Cha...
Tags: Amazon, Law, Congress, Court, Marketing, Brookfield, Coachella, Chanel, TNT, Domain Names, Smith, Taylor, Trademark, Carter, Twitter Inc, Ninth Circuit


Eligibility: Dice Game Patent Craps Out

by Dennis Crouch In re Marco Guldenaar Holdings B.V. (Fed. Cir. 2018) Guldenaar is is seeking to patent his method of playing a dice game using specially marked dice.  U.S. App. No.  13/078,196.  The PTAB denied his patent on eligibility grounds and the Federal Circuit has now affirmed — holding that the method of game play is an abstract idea and the special markings on the dice represent unpatentable printed matter.  The decision here falls in line with In re Smith, 815 F.3d 816 (Fed. Cir. 201...
Tags: Law, Smith, Patent, Alice, Fed, Stevens, Chen, Bryson, PTO, Sotomayor, Mayer, Federal Circuit, Dennis Crouch, PTAB, Bilski, GINSBURG BREYER


The merits of and case for Land Value Taxation

Politics matters for tax as tax matters for politics. The high-minded Scottish economist Adam Smith had four maxims of taxation:Tax should be progressive.Tax should be certain, not arbitrary.Tax should be paid at the time most convenient to the contributor.Tax should take as little from the contributors as possible to pay for the state.In contrast, Jean-Baptiste Colbert reportedly said “the art of taxation consists in so plucking the goose as to obtain the largest possible amount of feathers wit...
Tags: Books, UK, London, Featured, Law, Scotland, Economics, Institute for Fiscal Studies, Winston Churchill, Philosophy, Colbert, Smith, Property Tax, Council Tax, Taxation, Adam Smith


Unlicensed Driving You Don't Need a Drivers License to Travel on Public Roadway

SPECIAL POLICE OFFICER BULLETIN U.S. COURT DECISIONS CONFIRM "DRIVING A MOTOR VEHICLE" IS A CITIZENS RIGHT AND NOT A GOVERNMENT GRANTED PRIVILEGE. By Jack McLamb (from Aid & Abet Newsletter) For many years Professionals within the criminal justice System have acted upon the belief that traveling by motor vehicle upon the roadway was a privilege that was gained by a citizen only after approval by their respective state government in the form of the issuance of a permit or license to that Part...
Tags: Law, California, Chicago, United States, Arizona, Davis, States, Johnson, Kent, Smith, Miranda, Citizens, Driver's Licenses, Thompson, Miller, Barney


Unlicensed Driving You Don't Need a Drivers License to Travel on Publjc Roadway

SPECIAL POLICE OFFICER BULLETIN U.S. COURT DECISIONS CONFIRM "DRIVING A MOTOR VEHICLE" IS A CITIZENS RIGHT AND NOT A GOVERNMENT GRANTED PRIVILEGE. By Jack McLamb (from Aid & Abet Newsletter) For many years Professionals within the criminal justice System have acted upon the belief that traveling by motor vehicle upon the roadway was a privilege that was gained by a citizen only after approval by their respective state government in the form of the issuance of a permit or license to that Part...
Tags: Law, California, Chicago, United States, Arizona, Davis, States, Johnson, Kent, Smith, Miranda, Citizens, Driver's Licenses, Thompson, Miller, Barney


Book Review: The Globalization of Adoption: Individuals, States, and Agencies Across Borders

Several times each month, we are pleased to republish a recent book review from the Canadian Law Library Review (CLLR). CLLR is the official journal of the Canadian Association of Law Libraries (CALL/ACBD), and its reviews cover both practice-oriented and academic publications related to the law. The Globalization of Adoption: Individuals, States, and Agencies Across Borders. By Becca McBride. Cambridge: Cambridge University Press, 2016. xiii, 203 p. Includes graphs and tables. ISBN 978-13166041...
Tags: Law, Book Reviews, Cambridge, Congo, Michigan, Smith, Vanderbilt University, Georgetown University, McBride, Jim Smith, Cambridge University Press, Calvin College, Canadian Law Library Review, Canadian Association of Law Libraries, Agencies Across Borders, Becca McBride


Do We Need to Think About Judges’ Roles Differently?

(Very) traditionally, judges were meant to be heard — only in the courtroom. One of the questions those interested in becoming a judge had to ask themselves was whether they were prepared to become “monks” (the masculine being almost entirely appropriate). Justice John Sopinka famously challenged this notion, pointing out that there were no legal restraints on judges. This is so, although the ethical principles formulated by the Canadian Judicial Council emphasize that judges should avoid contro...
Tags: Supreme Court, Law, Miscellaneous, Smith, Quebec, Supreme Court of Canada, McLeod, Patrick Smith, Judicial Council, CJC, McLachlin, Ontario Judicial Council, Donald McLeod, Bertha Wilson, Rosalie Silberman Abella, John Sopinka


Symposium: Supreme Court at the crossroads of the establishment clause as it considers a cross

Marci A. Hamilton is Robert A. Fox Professor of Practice and Senior Resident Fellow of the Program for Research on Religion at the University of Pennsylvania. The Supreme Court’s grant of certiorari in The American Legion v. American Humanist Association (along with a companion case brought by the state involving the same facts) is troubling. There was no split in the circuits that required the Supreme Court’s attention and the rulings in both cases were eminently reasonable. In the American Leg...
Tags: Texas, Featured, Supreme Court, Law, Kentucky, United States, Aclu, Circuit, Department Of Justice, Smith, Christ, Hobby Lobby, Lemon, Mitchell, American Legion, Trump


As Thomson Reuters Readies Layoffs of 3,200, What’s It Mean for Customers?

Thomson Reuters, the dominant provider of research and information services for the legal profession, last week announced plans to reduce its workforce by 3,200 and close 30 percent of its offices by the end of 2020. What is going on and what does it mean for the company’s customers? The timing of the news, announced at a meeting of investors, seemed befuddling. Just two months ago, TR closed a major deal to sell 55 percent of its Financial & Risk unit to private equity firm Blackstone Group, in...
Tags: Law, Uncategorized, Smith, Thomson Reuters, LexisNexis, Coo, Masterson, Blackstone Group, Jean, Eagan, Westlaw, Bob Ambrogi, Reuters News, Brian Peccarelli, Jean O Grady, Westlaw Edge


Facebook did not violate HIPAA by using data showing users browsed healthcare-related websites

Plaintiffs sued Facebook and other entities, including the American Cancer Society, alleging that Facebook violated numerous federal and state laws by collecting and using plaintiffs’ browsing data from various healthcare-related websites. The district court dismissed the action and plaintiffs sought review with the Ninth Circuit. On appeal, the court affirmed the dismissal. The appellate court held that the district court properly determined that plaintiffs consented to Facebook’s data tracking...
Tags: Facebook, Privacy, Law, California, Smith, Contracts, Consent, American Cancer Society, HIPAA, Facebook Inc, Ninth Circuit On


As Thomson Reuters Readies Layoffs of 3,200, What’s It Mean for Customers?

Thomson Reuters, the dominant provider of research and information services for the legal profession, last week announced plans to reduce its workforce by 3,200 and close 30 percent of its offices by the end of 2020. What is going on and what does it mean for the company’s customers? The timing of the news, announced at a meeting of investors, seemed befuddling. Just two months ago, TR closed a major deal to sell 55 percent of its Financial & Risk unit to private equity firm Blackstone Group, in...
Tags: Law, Uncategorized, Smith, Thomson Reuters, LexisNexis, Coo, Masterson, Blackstone Group, Jean, Eagan, Westlaw, Reuters News, Brian Peccarelli, Jean O Grady, Westlaw Edge, Refinitiv


English v. RKK. . . The Rest of the Story

Back in February, I discussed a case relating to indemnity and ambiguity.  The opinion in that case, W.C. English, Inc. v. Rummel, Klepper & Kahl, LLP et al. , allowed a breach of contract and indemnity claim to move forward despite the fact that conflicting term sheets between the plaintiff and defendant could have been read to violate Virginia law by requiring indemnity for English’s own negligence.  In other words, the ambiguity worked in English’s favor (though that is not something to coun...
Tags: Law, Virginia, Court, English, Smith, Contracts, Richmond VA, Virginia Department of Transportation, Indemnity, Construction Law, Virginia Construction Attorney, Business of Construction, Virginia Construction Mediator, Christopher G. Hill, Virginia Construction Contract, W C English Inc


512(f) Claim Over Counternotice Survives Motion to Dismiss–Handshoe v. Perret

[Oops, this post got stuck in my draft folder. Better late than never.] Whew, this case will never end. I’ve blogged it a few times over the years, including a ruling not that long ago. It’s showing up again on the blog because a 512(f) claim survived a motion to dismiss. Even more unusually, the 512(f) claim is based on a counternotice, not a takedown notice. I’m sure I’m forgetting something, but I can’t recall a 512(f) case over a counternotice that’s gotten this far. The underlying dispute r...
Tags: Law, Copyright, Johnson, Smith, Crossfit, Vodka, Usc, Viacom, Automattic, Shropshire, Umg, Dod, Amaretto, Hawks, Weiner, Red Rock


CBS Thanksgiving football humor: QB Alex Smith "broke his drumstick last week."

Damn.. CBS lowkey disrespected Alex Smith.. #CHIvsDET pic.twitter.com/5oBo0FixHH — Matthew Abu Demeke (@MD3___) November 22, 2018 Smith badly broke his leg in a game — with the break and his suffering witnessed by the television audience. Is it all in good fun to talk about him in turkey terms? Lots of that's-not-funny criticism on social media, but I wonder if it's coming from people who like to watch football, which is a spectacle that entertains (in part) by showing us men daringly risking...
Tags: Comedy, Law, Football, Cbs, Smith, Roseanne Barr, Alex Smith, Roseanne, Ann Althouse, Race And Pop Culture, Era of That's Not Funny, Matthew Abu Demeke



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