Argument preview: Justices consider availability of punitive damages in maritime unseaworthiness case

The few admiralty cases the Supreme Court hears often address common-law questions resembling those that normally arise on land and are generally within the province of state courts. These maritime adventures tend to involve a deep journey into relatively esoteric doctrinal areas, requiring the court to determine its proper judicial role as well as to make appropriate substantive choices. This term’s second admiralty excursion, The Dutra Group v. Batterton, presents another such occasion. On M...
Tags: Featured, Supreme Court, Law, Congress, Circuit, Dutra, Miles, Antonin Scalia, John Roberts, 9th Circuit, Townsend, U S Court of Appeals, Stephen Breyer, Clarence Thomas, Samuel Alito, Anthony Kennedy

Argument preview: The Hobbs Act as ordinary or extraordinary administrative law

Did you know you can sue if you receive an unsolicited ad by fax? Under the Telephone Consumer Protection Act of 1991, you can recover $500 per offending fax. If sent willfully or knowingly, make that $1,500. Next Monday, the Supreme Court will grapple with this statute when it hears argument in PDR Network v. Carlton & Harris Chiropractic. In 2013, the publisher of the Physicians’ Desk Reference sent a fax to healthcare professionals to announce the launch of a digital version of the PDR. The...
Tags: Featured, Fcc, Supreme Court, Law, United States, Federal Communications Commission, Circuit, Chevron, Ortiz, APA, U S Chamber of Commerce, U S Court of Appeals, TCPA, Electronic Privacy Information Center, Yale Journal, 4th Circuit

CUSMA/USMCA: The Poison Pills Revisited – a Scorecard

On November 30th, 2018, 16 months after the start of negotiations, the leaders of Canada, Mexico and the United States signed the Canada United States-Mexico-Agreement (“CUSMA”) or the United States-Mexico-Canada Agreement (“USMCA”)[1]. Signed on the margins of the G-20 Summit in Buenos Aires, the agreement is made up of 34 chapters and a dozen side letters. Ironically, it does not include the word “trade” in its title. CUSMA/USMCA = NAFTA-Minus In our previous article we addressed the contin...
Tags: New York, Law, Congress, Mexico, Canada, United States, House Of Representatives, Wisconsin, WTO, Buenos Aires, Administrative Law, Nafta, United States Mexico, FTA, Canada Mexico, Ceta

Do Adjacent Organic Search Results Constitute Trademark Infringement? Of Course Not…But…–America CAN! v. CDF

One of the screenshots from the complaint A charitable fundraising organization, America CAN!, has a registered trademark in the phrase “Write off the car, not the Kid.” The organization purports to help the education of high risk youths, and it claims that “100% of the net proceeds go to the kids.” So the “kid” in the trademarked phrase appears to refer to disadvantaged youths, not tax writeoffs for being a parent. As a parent, the pun didn’t work for me. The lawsuit relates to Make-a-Wish Nor...
Tags: Google, Amazon, Florida, Yahoo, Law, California, Marketing, America, Search Engines, Trademark, BPI, Ftc, Weber, Florida Bar, Cooper, Abraham

WordPress Now Powers Over One-Third of the Web

As reported yesterday, WordPress now powers over 1/3rd of the top 10 million sites on the web according to W3Techs. Their market share has grown steadily over the last few years, going from 29.9% just one year ago to 33.4% today.  WordPress isn’t just for individuals, small businesses or blogs.   Over the years WordPress has become the CMS of choice for more and more people and companies. As various businesses use WordPress, the variety of WordPress sites grows. Large enterprise...
Tags: Law, Wordpress, Cms, University Of Houston, Matt Mullenweg, Drupal Joomla Wix Squarespace

Case study on the Ginsburg conspiracy theories in action

#WheresRuth. Even as the answer – working from home while recovering from cancer surgery – was covered by journalists and confirmed by the Supreme Court itself, this hashtag and similar ones populated Twitter in January and February. False allegations about Justice Ruth Bader Ginsburg’s status ranged from standard political rumors (e.g., that she planned to announce her retirement soon) to massive conspiracy theories (e.g., that she was in a medically induced coma or that her death was being hid...
Tags: Post, Featured, Nbc, Supreme Court, Law, Washington Post, Washington, Fox News, Ruth Bader Ginsburg, Collins, ABA Journal, Woods, James Woods, Miller, Ruth, Ginsberg

The Ten Laws of Legal Project Management

Over the next few articles, I’ll introduce the Ten Laws of (Legal) Project Management and then go into some of them in practical, how-do-I-apply-this detail. Why ten? It feels like about the right number, a manageable number that sums up basic project management maxims and guidelines. (I hear one of you saying, That’s as high as he can count without taking off his shoes. I know who you are, too.) 1. First Effectiveness, Then Efficiency Efficiency is doing things right, but effectiveness is doi...
Tags: Law, Hamlet, Gantt, Barnardo, Practice Of Law, Helmuth von Moltke, Claudius

A massive victory for fair use in the longrunning Dr Seuss vs Star Trek parody lawsuit

Back in 2016, the Dr Seuss estate won a preliminary court action against "Oh, The Places You'll Boldly Go!" a crowdfunded parody of Dr Seuss's "Oh the Places You'll Go!" and Star Trek, written by veteran Star Trek creator David "Tribble" Gerrold and illustrated by the comics giant Ty Templeton. In 2017, Comicmix, the publisher, secured a partial legal victory, but the Seuss estate wasn't done -- they have been litigating ever since, but now it appears the fight is done, and Comicmix has pr...
Tags: Google, Post, Happy Mutants, Science Fiction, Copyfight, News, Supreme Court, Law, Parody, Star Trek, Fair Use, Ruth Bader Ginsburg, Oracle, Timothy Geigner, Kirk, Mattel Inc

A look at how the number of women in the military has steadily grown

Coast Guard Lt. Ronaqua Russell, 28, was awarded the Coast Guard Air Medal for operations. (Screenshot from U.S. Coast Guard video) Last month, Coast Guard Lt. Ronaqua Russell, 28, was one of eight pilots to be awarded the prestigious Coast Guard Air Medal for operations after the deadly hurricane that hit Houston in 2017. She is the first African-American woman in the branch to receive the Air Medal. The Women in Aviation International Conference ends Saturday, March 16 in Long Beach. Nine C...
Tags: News, Navy, Washington, Iraq, Defense, Infographic, Sport, Nasa, Soccer, Military, International Space Station, Army, Marine Corps, Va, Pentagon, Houston

SCOTUS spotlight: Life at OSG

In this week’s episode of SCOTUStalk, Sarah Harrington, a partner at Goldstein & Russell who formerly served as an assistant to the solicitor general, joins Amy Howe of Howe on the Court to talk about life in the Office of the Solicitor General. The post SCOTUS spotlight: Life at OSG appeared first on SCOTUSblog.
Tags: Featured, Law, Howe, Amy Howe, Goldstein Russell, OSG, Sarah Harrington, SCOTUStalk

Law enforcement needs to protect citizens and their data

Robert Anderson Contributor Robert Anderson served for 21 years in the FBI, retiring as executive assistant director of the Criminal, Cyber, Response and Services Branch. He is currently an advisor at The Chertoff Group and the chief executive of Cyber Defense Labs. Over the past several years, the law enforcement community has grown increasingly concerned about the conduct of digital investigations as technology providers enhance the security protections of thei...
Tags: Apple, Google, Android, Security, Facebook, Column, Human Rights, Privacy, Law, Australia, Tech, Eu, European Union, Encryption, Cryptography, Fbi

Empirical SCOTUS: Is the court tracking right or Roberts left?

Although Supreme Court justices’ votes are not purely the product of ideological preferences, some of the most important cases the justices decide come down to 5-4 splits along ideological lines. This was during the 2017 Supreme Court term. Even though Chief Justice John Roberts was in the conservative camp for many of these split decisions last term, he voted with the court’s liberals in Artis v. District of Columbia and authored the majority opinion, which was joined by the court’s liberal j...
Tags: Supreme Court, Law, United States, District Of Columbia, Thomas, John Roberts, Roberts, Roberts Court, Alito, Carpenter, William Rehnquist, Shelby County, Samuel Alito, Anthony Kennedy, Artis, Sandra Day O'Connor

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 Plain-Language Info on Canadian Copyright Law Lesley Ellen Harris Do you sometimes feel that there’s too much information out there? Do you wish there were a list of the top 5 to 10 online articles you need to read to get from point A to point B? These posts on Canadian copyright law provide a basic und...
Tags: Law, Tips Tuesday, Emma Durand Wood, Lesley Ellen Harris

Patently-O Bits and Bytes by Juvan Bonni

Recent Headlines in the IP World: Edvard Pettersson and Bill Callahan: Qualcomm Wins First U.S. Jury Trial Against Apple (Source: Yahoo Finance) Manas Mishra and James Emmanuel: U.S. Court Rejects Alvogen’s Patent Challenge for Celgene’s Cancer Drug (Source: Yahoo Finance) Megan Rose Dickey: BlackBerry Sues Twitter for Patent Infringement (Source: Tech Crunch) Richard Borsuk, Christopher Cushing and Jonathan Oatis: Foxconn Rejects Microsoft Patent Lawsuit, Says Never Had to Pay Royalties (So...
Tags: Google, Microsoft, Law, Wipo, Patent, Foxconn, Megan Rose Dickey, Electronic Frontier Foundation, Celgene, Jonathan Oatis, Yahoo Finance, U S Court, Bill Callahan, Alvogen, Edvard Pettersson, Bits and Bytes

Friday Roundup: Slaw Jobs

Each Friday, we share the latest job listings from Slaw Jobs, which features employment opportunities from across the country. Find out more about these positions by following the links below, or learn how you can use Slaw Jobs to gain valuable exposure for your job ads, while supporting the great Canadian legal commentary at Current postings on Slaw Jobs (newest first): Government Relations Specialist (Contract Role) | Victoria, BC (EcoJustice) Conflict Lawyer (Part-time) | Vancouve...
Tags: Law, Alberta, Slaw, Friday Jobs Roundup, Slaw Jobs, Vancouver Calgary Hamilton Toronto Ottawa, Montreal Gowling WLG

Summaries Sunday: SOQUIJ

Every week we present the summary of a decision handed down by a Québec court provided to us by SOQUIJ and considered to be of interest to our readers throughout Canada. SOQUIJ is attached to the Québec Department of Justice and collects, analyzes, enriches, and disseminates legal information in Québec. TRANSPORT ET AFFRÈTEMENT : Air Canada a commis une faute contractuelle en exigeant que les personnes handicapées ou obèses qui devaient voyager avec un accompagnateur ou qui nécessitaient un deux...
Tags: Law, Air Canada, Canada, Quebec, Westjet, Hislop, Chabot, Summaries Sunday, SOQUIJ, Québec Department of Justice, Juge Catherine La Rosa Date, Norman Succession de c Air Canada Office, Air Canada Constater, R C S, Air Canada Même

Beto O'Rourke's hacker name was "Psychedelic Warlord," so that must mean he's done hallucinogenic drugs — right? — and is that something that's okay in a presidential candidate?

Scott Adams addresses the question whether Beto has done hallucinogens:Scott's first pass at the question is another question: "Have you seen Beto?" He giggles while waiting for the question to soak in. He says anyone who's taken hallucinogens (which Scott has) will have an "easier time" with the question.Eventually he gives his answer: He'd place a "large bet" on "yes."He's quick to add that it's not a criticism. "In fact, I might even prefer it." This preference interweaves with his reason for...
Tags: Art, Law, United States, Kim Jong-un, Propaganda, Kim, George Bernard Shaw, BETO, Trump, Lsd, Scott, Scott Adams, Kim Jong, Shaw, Robert F Kennedy, RFK

At the Quiet Mouse Café...

... you can talk about anything you want.But under the new comments policy, you'll have to wait at least a few minutes before you'll see your comment, and if you're abusive or terribly boring, you won't see it at all.ADDED: "if you're abusive or terribly boring, you won't see it at all" — a decision not to publish your comment doesn't mean that you're necessarily either "abusive or terribly boring." Those are just 2 things that will result in nonpublication. There are some other things too, but ...
Tags: Law, Mouse, Drawing, Ann Althouse

Argument transcript

The transcript of this morning’s oral argument in Flowers v. Mississippi is available on the Supreme Court’s website. The post Argument transcript appeared first on SCOTUSblog.
Tags: Mississippi, Supreme Court, Law, Merits Cases

Manifesto from Australian Terrorist in New Zealand

There is massive faux outrage over the video and manifesto being shared online. Meanwhile, Hitler's Mein Kampf is being sold on, while videos of jets crashing into the twin towers are copiously available on YouTube. Videos of people jumping and falling from the burning buildings can be found in seconds on YouTube. CNN, Al Jazeera and many others are lying about the contents of the manifesto. This can readily be seen by simply reading the manifesto of this far leftwing terrorist, ...
Tags: Amazon, Featured, Military, New Zealand, Hitler, Trump, Michael's Dispatches, Michael Yon, CNN Al Jazeera

Why Regional Trademark Surveillance Latin America is Significant

Many steps must be taken to increase sales of a business. After you enter the first step, which is determining how your business wants to be seen by consumers, then the next step is trademark registration. Trademark registration is very important for business. If your brand awareness is successful and the public already knows the business and products that you offer, then there is a big chance that you will face problems regarding violations of intellectual property rights. For this reason, to...
Tags: Law, Latin America, Permanent Residency and Naturalization, america Trademark

Everybody beats Trump in Wisconsin, according to a new Emerson poll — everybody except Amy Klobuchar and — gasp! — Kamala Harris.

Here's how it looks at Real Clear Politics (click image to enlarge and clarify):Klobuchar only gets a tie. Okay. But Harris?! All those others best Trump but Kamala Harris — who I've been made to feel is the most likely candidate — only ties?!When the Democratic candidates are pitted against each other, Sanders and Biden are way out ahead, with 39% and 24%, respectively. Harris lags miserably at 5%. [Author: [email protected] (Ann Althouse)]
Tags: Law, Wisconsin, Amy Klobuchar, Biden, Kamala Harris, Polls, Trump, Sanders, HARRIS, Emerson, Klobuchar, Ann Althouse, 2020 Campaign

The fork in the road for social media and our society

The horror from Christchurch, New Zealand, that exploded across newspaper pages and television, computer and smartphone screens this weekend captured imaginations in ways that no one could possibly have imagined beforehand. The fact that one individual armed with a semi-automatic rifle could visit such an outrage upon people worshipping in a place of religion isn’t the worst of it, awful and distressing though this event is with at least 50 people shot dead and scores wounded, some in cr...
Tags: Facebook, Politics, UK, Technology, Social Networks, America, Social Media, Communication, Society, Blogging, Web, New Zealand, Reddit, Christchurch, Facebook Live, Online Media

Argument analysis: Justices divided in Virginia racial-gerrymandering case

The Supreme Court heard oral argument today in a challenge to the map drawn in 2011 for Virginia’s House of Delegates. A group of African-American voters allege that the state legislature engaged in racial gerrymandering – that is, it relied too much on race when it drew 11 of the state’s districts, which would violate the Constitution. But the state legislators defending the map argue that, although race was one of the factors that the legislature considered, it wasn’t the only one. After rough...
Tags: Featured, Supreme Court, Law, Virginia, House, Norfolk, Republican, Paul Clement, Democratic, Sonia Sotomayor, House of Delegates, Roberts, Howe, Alito, Virginia Supreme Court, Sotomayor

Argument transcripts

The transcript of today’s oral argument in Virginia House of Delegates v. Bethune-Hill is available on the Supreme Court’s website; the transcript in Smith v. Berryhill is also available.   The post Argument transcripts appeared first on SCOTUSblog.
Tags: Supreme Court, Law, Smith, Merits Cases, Virginia House of Delegates, Bethune Hill, Berryhill

Argument preview: Justices to tackle partisan gerrymandering … again

Editor’s Note: An earlier version of this post ran on February 4, 2019, as an introduction to this blog’s symposium on Rucho v. Common Cause and Lamone v. Benisek, as well as at Howe on the Court, where it was originally published. Every 10 years, the federal government conducts a census. The states then use the data from the census to draw new maps for their state legislatures and federal congressional districts. The maps often take politics into account – for example, to protect incumbents. Bu...
Tags: Featured, Maryland, Supreme Court, Law, Congress, Court, Pennsylvania, United States, Wisconsin, Party, North Carolina, John Delaney, Charlotte, Raleigh, John Roberts, Roberts

The Original Tactical Pant

Rothco's Tactical BDU Pants are one of the hottest trending items in the market right now. The solid color cargo pants are taking the world by storm with their comfortable cotton/polyester blend, multiple pockets and adjustable waist tabs for an ideal fit. Tactical BDU pants are available in many different styles including a cotton rip-stop version, many different kinds of military camouflage, colored camo, relaxed fit and much more. Rothco's BDU's are ideal for uniforms, out in the field or...
Tags: Military, Rothco, BDU, Rothco NY, BDU pants, Tactical Pants, Cargo Pants, Battle Dress Uniform Pants, Colored Camo Pants, Rothco Bdu Pants, Solid Color Pants, BDU Pants Rothco

Tuesday round-up

Today the justices will hear oral argument in Cochise Consultancy v. United States, ex rel. Hunt, which asks whether the “discovery” exception to False Claims Act statute of limitations applies to private parties in cases in which the government has not intervened. David Engstrom had this blog’s preview. Lauren Devendorf and Tyler Schmitt preview the case at Cornell Law School’s Legal Information Institute. Subscript Law provides a graphic explainer. [Disclosure: Goldstein & Russell, P.C., whose...
Tags: Mississippi, Supreme Court, Law, Washington Post, Washington, Court, Bloomberg, Atlantic, Gop, United States, New York Times, Kansas, Beltway, Louisiana, Usa Today, Flowers

Justices grant four new cases (Corrected)

The Supreme Court issued orders from last week’s private conference. The justices added four new cases to their docket for next term and asked the U.S. solicitor general to weigh in on two more cases. The justices also rejected an appeal from a Georgia death-row inmate who alleges that one member of the jury that convicted him was biased against the inmate because of his race. In Kansas v. Garcia, the justices will review a ruling by the Kansas Supreme Court that reversed the convictions of Rami...
Tags: Featured, Supreme Court, Law, Congress, Washington, Virginia, Court, Alabama, Georgia, Indiana, United States, Social Security, New Orleans, Kansas, Louisiana, Corrections

Opinion analysis: Justices affirm maritime liability for manufacturers of asbestos-dependent equipment

This morning’s 6-3 opinion in Air and Liquid Systems Corp. v. DeVries affirms the decision of the lower court holding that the manufacturers of asbestos-dependent equipment used on Navy ships can be held liable to sailors who became ill because of their contact with the asbestos. Because the case involves liability for conduct at sea, the dispute arises under the “maritime law,” a type of federal common law for which the U.S. Supreme Court is the final authority. In the same way that the New Yor...
Tags: Featured, Supreme Court, Law, Navy, U S Supreme Court, U S Navy, Samuel Alito, Kavanaugh, New York Court of Appeals, Goldstein Russell, Merits Cases, Devries, Brett Kavanaugh, Neil Gorsuch, Air and Liquid Systems Corp, Justices Clarence Thomas

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