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The Guardian view on vaccination: a duty of public health | Editorial

The anti-vaxx movement arises from mistrust but threatens the physical health of societyThe latest World Health Organization report on measles epidemics shows that cases jumped by 50% last year. In one of the poorest and least connected countries in the world, Madagascar, nearly a thousand children are reported to have died after a measles outbreak in the countryside. The real figure is likely to be much higher, because of difficulties of reporting. An emergency programme of vaccination seems to...
Tags: Health, Google, Facebook, Technology, Media, Social Networking, Children, Youtube, Africa, US, Society, World news, US news, World Health Organization, Vaccines and immunisation, Madagascar

Nan Goldin threatens London gallery boycott over £1m gift from Sackler fund

Artist brands planned donation from pharmaceutical family to National Portrait Gallery unethical over OxyContin linkThe National Portrait Gallery will be forced to turn down a gift of £1m from members of the multibillionaire Sackler family if it goes ahead with a prestigious new exhibition of the work of US artist Nan Goldin.The photographer and activist is threatening to boycott the gallery if it accepts the donation from the owners of the American pharmaceutical company that makes the addictiv...
Tags: London, Drugs, US, Society, UK News, World news, Art and design, Philanthropy, National Portrait Gallery, Nan Goldin, Opioids, Sackler, Opioids crisis

The ‘war on drugs’ is causing great damage | Letters

Readers discuss whether the ‘war’ is the right way to combat the violence fuelled by the drugs tradeYou recently set out in detail the catastrophic consequences of the current “war on drugs” (Editorial, 14 February), from tens of thousands of civilian deaths in Mexico to the mass incarceration of young black men in the US, and the corruption of politicians by the cartels. In doing so, you rightly assert the need to protect innocent people and minimise any harm associated with drug use and drugs ...
Tags: Politics, Drugs, Mexico, Americas, US, Society, World news, Drugs trade, Drugs policy, Joaquín 'el Chapo' Guzmán

Federal judge rejects Sayfullo Saipov's efforts to block capital prosecution based on Prez Trump's tweets

As reported in this New York Times piece, headlined "Trump’s Tweets Do Not Bar Prosecutors From Seeking Death in Terror Case, Judge Rules," a federal judge yesterday issued a notable ruling in a high-profile capital case. Here are the details: When President Trump said on Twitter that an Uzbek man charged with using a pickup truck to kill eight people “SHOULD GET DEATH PENALTY,” the man’s lawyers asked a judge to bar prosecutors from seeking execution, saying the decision had become too politic...
Tags: Twitter, Law, US, New York Times, Manhattan, Justice Department, Trump, Hudson River, Broderick, Jeff Sessions, Douglas A Berman, Prez Trump, Mr Sessions, Sayfullo Saipov, Saipov, Trump s Department of Justice

Bossfight: Allstate Insurance enters the Right to Repair fight, loans its lobbyists to fight Apple

The Right to Repair movement got state legislatures to consider more than a dozen Right to Repair bills last year, and have made great strides in the EU and elsewhere, but for every two steps forward they manage, they're forced a step or two back by giant corporate lobbyists, led by Apple, who want to ensure that third parties can't repair products, and that a manufacturer's decision it's time to retire a product from the market won't be challenged by independent repair depots. Repair is a ...
Tags: Apple, Gadgets, Mobile, Post, Business, News, US, Insurance, Eu, Icracked, Allstate, Davids, Allstate Insurance, Right To Repair, SquareTrade, US PIRG

US Senate confirms William Barr to be US Attorney General (again)

As reported in this NBC News piece, "President Donald Trump's attorney general nominee William Barr was confirmed in the Senate on Thursday to take over the Justice Department as attorney general, where he will oversee special counsel Robert Mueller's Russia probe." Here is more: Barr, 68, was confirmed in a 54-45 vote that largely fell along party lines. He will be sworn in Thursday afternoon in the Oval Office by Supreme Court Chief Justice John Roberts, the White House told NBC News. Barr wa...
Tags: Law, Senate, White House, Russia, US, Alabama, West Virginia, US Senate, Donald Trump, Doj, Justice Department, Senate Judiciary Committee, John Roberts, George H W Bush, AG, Mueller

Trump's unseemly haste shows World Bank must no longer be in thrall to US

The race to head the World Bank opened with the US candidate already known. Other countries must stand up and be countedWith characteristic lack of restraint, the Trump administration last week jumped the gun on the World Bank presidential election process by naming David Malpass as its preferred candidate to succeed Jim Yong Kim.The formal nomination process, which did not begin until the following day, is based on selection principles agreed in 2011 that put the emphasis on an “open, merit-bas...
Tags: Business, US, Economics, Society, World news, Global Economy, Aid, Global development, World Bank, Jim Yong Kim, Trump, David Malpass

Ninth Circuit going en banc to reconsider intersection of Eighth Amendment juve jurisprudence and federal sentencing guidelines

In this post back in July, I noted work on an amicus brief in support of a Ninth Circuit en banc petition in US v. Riley Briones.  The panel opinion in Briones is available at this link, where you will find a split decision in which the Ninth Circuit affirmed the district court's adoption of the federal sentencing guidelines as the key factor in the course imposing a life without parole federal sentence on a juvenile offender.  The amicus brief, which is available here, argued "It is unreasonabl...
Tags: Supreme Court, Law, US, Graham, Grant, Miller, Ninth Circuit, Third Circuit, Briones, Douglas A Berman, Corey Grant, Riley Briones

Case Dismissed: No Standing When Deal Fell Through

Momenta Pharma v. Bristol-Myers Squibb Co. (Fed. Cir. 2019) In this recent decision, the Federal Circuit dismissed Momenta’s appeal — finding that the company lacks standing to appeal its loss before the PTAB.  The decision stands on fairly controversial grounds and in some tension with Supreme Court jurisprudence on appellate jurisdiction requirements.  Still, I suspect it will be cabined-in by its facts and not have a large precedential impact. In 2015, Momenta petitioned for inter partes revi...
Tags: Supreme Court, Law, US, SEC, Patent, Federal Court, Bms, Mylan, Federal Circuit, Momenta, IPR, DC Circuit, U S Constitution, Federal Circuit Although, Momenta Pharma, Bristol Myers Squibb Co Fed

"The case for capping all prison sentences at 20 years"

The title of this post is the title of this very lengthy new piece by German Lopez at Vox.  I recommend the piece in full, and here are excerpts from the first part of the article: America puts more people in jail and prison than any other country in the world.  Although the country has managed to slightly reduce its prison population in recent years, mass incarceration remains a fact of the US criminal justice system. It’s time for a radical idea that could really begin to reverse mass incarce...
Tags: Law, US, America, Norway, Vox, Douglas A Berman, German Lopez

Joaquin "El Chapo" Guzmán found guilty on all 10 federal counts now facing LWOP sentence ... but surely could still provide substantial assistance

As reported in this NPR piece, headlined "'El Chapo,' Notorious Drug Kingpin, Found Guilty After Dramatic Trial In New York," the federal government secured high-profile drug convictions today in New York.  Here are some details: After a long trial held under heightened security at the Brooklyn, N.Y., federal court, a jury has found Joaquín "El Chapo" Guzmán, one of the world's most notorious drug kingpins who led Mexico's Sinaloa cartel, guilty on all ten counts related to drug trafficking. He...
Tags: New York, Law, Mexico, Germany, US, Brooklyn, United States, Enrique Peña Nieto, Npr, The New York Times, Penn, Guzman, Sinaloa, Joaquin El Chapo Guzman, Los Mochis, Ismael El Mayo Zambada

Student SCOTUS preview part two: noticing the parole push in United States v. Haymond

I noted here back in 2017 an interesting opinion in US v. Haymond where a Tenth Circuit panel declared unconstitutional the procedures used for revocation of a sex offender's supervised release.  The Supreme Court also obviously found the case interesting because, as reported here, the Justices in 2018 accepted the petition for certiorari filed by the federal government.  Oral argument is scheduled for two weeks from now, and a SCOTUSblog page on Haymond has links to all the briefing. As reporte...
Tags: Supreme Court, Law, Congress, Court, US, United States, Morrissey, Kennedy, Scalia, Brewer, Blakely, Morrisey, Kavanaugh, Tenth Circuit, Respondent, Gorsuch

Tips Tuesday

Here are excerpts from the most recent tips on SlawTips, the site that each week offers up useful advice, short and to the point, on practice, research, writing and technology. Research & Writing Good Counsel (Plus Thanks and a Request) Neil Guthrie Counsel is an ancient term for one’s legal advisers as a body (The accused did not have the benefit of counsel when he was interrogated) or for a single legal adviser (Maria acted as counsel to the federal government, for which she was made Queen’s C...
Tags: Law, US, Quebec, Maria, Tips Tuesday, Neil Guthrie Counsel

A year after tragedy, taking stock of the agony (and wondering about the costs) already surrounding the capital prosecution of Parkland shooter Nikolas Cruz

CNN has this notable new article headlined "This is where Parkland shooter Nikolas Cruz's death penalty case stands a year later," and here are excerpts: A year after Nikolas Cruz massacred 17 people and injured 17 others at his former high school in Florida, the question is not whether he's guilty -- he's confessed on video.  It's does he live or die?  His defense team has offered a guilty plea in exchange for life in prison without the possibility of parole -- but only if prosecutors take the...
Tags: Florida, Law, US, Cnn, Boston Marathon, Cruz, Pollack, Broward County, Broward, Meadow, Hornsby, Andrew Pollack, Douglas A Berman, Finkelstein, Howard Finkelstein, Marsy

Opening an Estate: California Father Had House in England

My father died a few weeks ago after a long battle with cancer. He lived in CA for most of his life but had a house in England which he inherited from his mother many years ago. I think the house is worth about US$300k. I have no idea how to deal with this house, can my CA attorneys deal with it? Do I need to get probate in the UK? I read a useful probate guide by a company called mylegaladvisor. They have a quiz which seems to say I will need UK probate and to file a tax return. Is that true? W...
Tags: UK, England, Law, US, Estate Planning, Administration And Probate, California Father Had House

Probate Court Procedure: Probate Procedures for Real Estate the Decedent Owned in Another Country

My father died a few weeks ago after a long battle with cancer. He lived in CA for most of his life but had a house in England which he inherited from his mother many years ago. I think the house is worth about US $300k. I have no idea how to deal with this house, can my CA attorneys deal with it? Do I need to get probate in the UK? Will I need to pay some UK taxes on this? Any help gratefully appreciated!
Tags: UK, England, Law, US, Estate Planning, Administration And Probate

Some recent highlights from Marijuana Law, Policy & Reform

Though it has only been a few weeks since I did a round-up of posts of note from my blogging over at Marijuana Law, Policy & Reform, interesting recent developments and some timely research prompts me to highlight some of the MLP&R action.  So, with criminal-justice-related stories at the top: Interesting (and disappointing?) numbers from Washington after Gov promised to pardon thousands with prior marijuana convictions "Traffic fatalities within US states that have legalized recreational ca...
Tags: Law, Washington, US, United States, John Boehner, Ohio, New York State, Baltimore State, US House, Douglas A Berman, National Cannabis Roundtable

'Free the nipple' female campaigners lose challenge to US topless conviction

New Hampshire court upholds conviction of three women arrested in 2016 after removing their tops at a beachNew Hampshire’s highest court has upheld the conviction of three women who were arrested for going topless on a beach, finding their constitutional rights were not violated.In a 3-2 ruling, the court decided that an indecent exposure law in the New Hampshire city of Laconia does not discriminate on the basis of gender or violate the women’s right to free speech. Continue reading...
Tags: Law, Women, US, World news, New Hampshire, Hampshire, Laconia

The Coming End of Lawyer Control Over Legal Regulation

At the end of last year, as John-Paul Boyd ably chronicled on this website, members of the Law Society of BC voted on three resolutions regarding access to justice. The second of these resolutions — directing the law society to bar paralegals from providing family law services under new provincial legislation and to postpone any other enlargement of paralegals’ scope of practice — received overwhelming approval. While this was a disappointing outcome from an access standpoint, as John-Paul expla...
Tags: Law, Australia, California, US, United States, North America, Washington State, Pacific, William Henderson, Agm, John Paul, McCarthy Tetrault, England Wales, Bill Henderson, California California, State Bar

Unions fight back against Kochs and allies since supreme court 'disaster'

Janus decision stopped unions collecting ‘fair-share fees’ but fresh organizing efforts means many shops are on the upAfter decades of trying, the Koch brothers and their allies won a major battle last year when the US supreme court stripped public sector unions of their ability to collect “fair-share fees” from non-union members. Related: ‘Don't be fooled’: JetBlue president warned workers against joining a union Continue reading...
Tags: Education, Law, US, World news, US news, US unions, Koch Brothers, Jetblue, US supreme court, Don, Koch, Kochs, Janus, Law (US

Another review of the bad mess surrounding the "good time" fix in the FIRST STEP Act

I have done a few prior FIRST STEP Act implementation posts here and here focused on the problems with immediate application of its "good time" fix.  This recent Mother Jones article, fully headlined "Trump’s One Real Bipartisan Win Is Already Turning Into a Mess: Confusion and division over a provision in the First Step Act has left thousands of well-behaved inmates in limbo," effectively explains the issue and reports on the latest state of affairs. Here are excerpts:   The law stipulates tha...
Tags: Law, Senate, White House, US, Chicago, Iowa, Capitol Hill, Doj, Hakeem Jeffries, Justice Department, Trump, HARRIS, Coleman, Mother Jones, Grassley, Duluth Minnesota

Opioids: federal prosecutor tries to stop nation's first 'safe site' for injection

US attorney sues to halt opening of supervised drug site in Philadelphia, home to highest opioid death rate of any big US cityThe top federal prosecutor in Philadelphia has filed suit to stop a not-for-profit organization from opening a first-in-the-nation supervised drug injection site to address the city’s opioid problem.The lawsuit pits the US attorney William McSwain’s stance on safe injection sites against those of Philadelphia’s mayor, district attorney and a former Pennsylvania governor. ...
Tags: Drugs, US, Society, US news, Pennsylvania, US politics, Philadelphia, Opioids, William McSwain, McSwain, Opioids crisis

Lawsuit says that America's "break even" court records website shouldn't be making 98%+ profits

PACER (previoulsy) is the controversial US system for publishing court records; although the records themselves are in the public domain (US government documents are not copyrightable), you have to pay $0.10/page to read them, which is supposed to pay for the cost of serving them. PACER makes some $150m/year, to support a service that's basically just a big cloud drive full of (unindexed, unsearchable) PDFs, and which only costs $3m/year to operate. Services like RECAP, which copy PACER pag...
Tags: Post, News, Law, Congress, US, America, Fbi, Aaron Swartz, Recap, Pacer, Richard Posner, Joe Lieberman, Lieberman, Shira Scheindlin, Tim Cushing TechDirt, Equal Access To The Law

Europe’s highest human rights court to hear challenge to UK’s bulk surveillance regime

The Grand Chamber of the European Court of Human Rights (ECHR) has agreed to hear a legal challenge to the use of bulk data collection surveillance powers by UK intelligence agencies. Last September a lower chamber of the ECHR ruled that UK surveillance practices violated human rights law but did not find bulk collection itself to be in violation of the convention. The civil and digital groups and charities behind the challenge, which include Liberty, Privacy International and Amnesty Inte...
Tags: Travel, Europe, Lawsuit, UK, Human Rights, Privacy, Law, Nsa, Court, US, Eu, European Union, Surveillance, United States, United Kingdom, Liberty

Tips Tuesday

Here are excerpts from the most recent tips on SlawTips, the site that each week offers up useful advice, short and to the point, on practice, research, writing and technology. Research & Writing Deposition Two Ways Neil Guthrie One of the best headlines of 2018 was ‘Stormy Daniels’ Attorney Wants to Depose Donald Trump’. He’s not the only one … Of course the CBC was using depose in its US legal sense, which is to examine a witness for the purposes of discovery or a later trial…. Technology Laun...
Tags: Google, Law, US, Cbc, Stormy Daniels, Tips Tuesday, Neil Guthrie, Emma Durand Wood, Research Writing Deposition Two Ways, Depose Donald Trump

Women’s brains are four years younger than men’s, study finds

Analysis of metabolic brain age may explain differences in cognitive decline rate Women’s brains are nearly four years younger than men’s, at least in how they burn fuel, according to scans performed by US researchers.Scientists found that healthy women have a “metabolic brain age” that is persistently younger than men’s of the same chronological age. The difference is apparent from early adulthood and remains into old age. Continue reading...
Tags: Health, Gender, Science, Biology, US, Neuroscience, Society, UK News, World news, Medical Research

Collaborating Across Borders

This image is a bit hard to read, but it shows the cross-border invention data mentioned in yesterday’s post — focusing on which nations tend to have collaborative inventors with which other nations.  US is central here, but there are other clusters as well.
Tags: Law, US, Patent

Highlighting how much punishment comes with the misdemeanor process

LawProf Alexandra Natapoff has a terrific new book titled “Punishment Without Crime: How Our Massive Misdemeanor System Traps the Innocent and Makes America More Unequal,” and you can read part of the book's introduction here at the publisher's website. And over the weekend the New York Post published this commentary penned by Natapoff under the headlined "How a simple misdemeanor could land you in jail for months." Here are excerpts: Just before Christmas, Janice Dotson-Stephens died in a San ...
Tags: New York Post, Texas, Law, US, America, New Jersey, Department Of Justice, Florence, Robert Taylor, San Antonio, US supreme court, McDonald, Richmond Virginia, Barrett, Douglas A Berman, Beaufort County South Carolina

President Trump gave a strong interview on "Face the Nation."

Here's the video and transcript. I'll just highlight the way he handled the challenges about race. The interviewer, Margaret Brennan, tries 3 times to get him to speak in terms of whether he is "sensitive," and he never takes that bait. His strategy is to respond to questions by immediately forefronting something he has accomplished:MARGARET BRENNAN: Talking about the- the kneeling position you've taken and the controversy around it. Do you think that the players who did kneel had a point? I mea...
Tags: Law, Obama, Football, US, NFL, Colin Kaepernick, Cbs, Donald Trump, Tim Allen, South Carolina, National Anthem, Trump, Tim, Brennan, Margaret Brennan, Face the Nation

SA bail tragedy illustrates how misdemeanors can ruin lives

One of Grits' favorite thinkers on justice topics, Alexandra Natapoff, whose new book about the misdemeanor system, Punishment Without Crime, I hope to review in the coming week, had a column in the New York Post with a Texas anecdote in the lede. It began: Just before Christmas, Janice Dotson-Stephens died in a San Antonio jail. The 61-year-old grandmother had been arrested for trespassing, a class B misdemeanor in Texas. She couldn’t afford the $300 bail, and a mere $30 payment to a bail bonds...
Tags: New York Post, Texas, Law, US, America, Department Of Justice, San Antonio, Thompson, Sandra Bland, Harris County, Gritsforbreakfast, Senfronia Thompson, Alexandra Natapoff, Natapoff, Janice Dotson Stephens, Dotson Stephens

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