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RIP, Alton T. Lemon — the Lemon of the Lemon test.
"Mr. Lemon’s lawsuit challenged a 1968 Pennsylvania law that reimbursed religious schools for some expenses, including teachers’ salaries and textbooks, so long as they related to instruction on secular subjects also taught in the public schools." Chief Justice Warren E. Burger, writing for...
"Proving that the library is more a monument to Laura’s artful airbrushing than W.’s artless...
"... there’s a swank Café 43 with fancier fare than W.’s cherished PB&J’s, and a gift shop featuring Laura’s favorite books, from Dostoyevsky’s 'Brothers Karamazov' to Truman Capote’s 'Music for Chameleons.'"
"Eleven people have been arrested around Britain for making 'racist or anti-religious' comments on...
"A force spokesman said 'We have received a number of reports from local members of the public about tweets and Facebook comments that could potentially incite racial hatred and violence." Superintendent Matt Goodridge said: 'Surrey Police will not tolerate language used in a public...
"Alton T. Lemon, Who Challenged State Aid to Religious Schools, Dies at 84"
Adam Liptak is the author of this obituary , which appears online at The New York Times.
Frankenstein and the mermaid.
In Hollywood, 1948.
"25 Signs You’re Addicted To Books."
"9. ... You’ve even developed a crush on a bookstore employee based solely on their staff picks."
"The founder of Ashleymadison.com said new registrations surged a whopping 230% this week...
"... how a frustrated Marge Simpson stumbled onto an Ashley Madison-type website and then toyed with the idea of pursuing an extramarital affair on the eve of her wedding anniversary." "When we see an anomalous spike we try and identify where it came from: was it marketing, media...
Thong Cape Scooter Man...
... is not doing anything wrong. “The sergeant told the school staff Thong Cape Scooter Man was free to ride on,” [police spokesman Joel] DeSpain said.
"The Silent Death of the American Left"
Sadly apt.
"What is to be done about the low scholarly standards in the analysis of sex?"
"For all their putative leftism, gender theorists routinely mimic and flatter academic power with the unctuous obsequiousness of flunk­ies in the Vatican Curia," says Camille Paglia , reviewing 3 recent books about sadomasochism. As you might expect from Paglia...
Waiver for attending Justin Bieber house party
If you Instagram, Tweet or otherwise disclose anything that goes on there, it’d better be good, because you could be on the hook for $5 million in liquidated damages. [ TMZ ] Tweet Tags: celebrities Waiver for attending Justin Bieber house party is a post from Overlawyered - Chronicling the high...
Blood and grammar.
1. Questionable sentence in yesterday's Daily News: "But a bride-to-be who stabbed her fiancé in the heart just hours before they walked down the aisle has now been convicted of his murder." 2. I've read about a murder that happened long ago in which a woman was stabbed in the heart with...
CUNY's Sibyl Schwarzenbach interviewed...
...at 3AM.
PBS: Why I Watch But Don’t Contribute: Part Deux
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Atheist Survives Tornado And Interview
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When Everybody Bullies
Emily Bazelon's  New York Times op-ed about the ever-changing definition of bullying was reminiscent of a point made in 2009 , a warning that a very dangerous word was becoming a trigger in the public's mind even though nobody could really explain what it meant. After offering...
UCLA Law Review Vol. 61, Discourse
Volume 61, Discourse Discourse The New Investor Cliffhanger Stephen M. Bainbridge 2 2013 William Rutter Award Acceptance Speech Patrick D. Goodman 12
Stone Temple Pilots Sue Scott Weiland; Singer Responds
The band accuses its former frontman of violating their rights, misappropriating assets and interfering with the members' livelihood. Says Weiland: "I don't give a f--- what they call themselves, but it's not Stone Temple Pilots." read more
"The Supreme Court Must Stop The Trial Lawyers' War On Innovation"
Theodore H. Frank has this essay at Forbes.com.
"Diabetes in California schools: State's high court to hear legal battle over insulin shots."
Howard Mintz of The San Jose Mercury News has this update .
"American Idol has nailed down its first alum turned judge: Jennifer Hudson."
"The other two spots are also intended for former Idol contestants: Kelly Clarkson and either Adam Lambert or Clay Aiken." Is this something that can revive the old show?
"Do I really like reading?"
"Perhaps it is a failure of attention—there are times when I notice my own distraction while reading, and can, in a way, feel myself forgetting. There is a scarier question, one that might seem like asking if one is good at breathing, or walking. Am I actually quite bad at reading after all? "
"The Obama Administration fought to keep a search warrant for James Rosen’s private e-mail...
"... arguing to a federal judge that the government might need to monitor the account for a lengthy period of time," writes Ryan Lizza in The New Yorker . The new details indicate that the government wanted the option to search Rosen’s e-mails repeatedly if the F.B.I. found further...
The Washington Post endeavors to explain the flag-displaying behavior of tornado-stricken...
"The flag-raising seemed to hearten the neighbors, as if to assure them they would emerge triumphant from this disaster...." They are hung from skeletal trees denuded of leaves and bark, stuck in the doors of cars turned upside down and draped over pieces of twisted metal...
Ex-Marine Detained After Facebook Posts Files Suit
A civil liberties group is claiming in federal court that an ex-Marine was locked up in a mental hospital last year because of his hostile views toward government.
"No matter how many times they want to say, We’re vegans, we’re vegetarians,' that’s not the issue in...
"The child died because he was not fed. Period." Said prosecutor Chuck Boring. (This case goes back to 2007, but is the topic of a big discussion today at Reddit , in which many people are wondering if a vegan might conceive of breastfeeding as wrong.)
"In Fourth Circuit, a Spotlight on Warrantless GPS Tracking"
Mike Scarcella has this post today at "The BLT: The Blog of Legal Times."
"Judges may 'cut and paste' when writing their judgments: Supreme Court."
Kirk Makin of The Toronto Globe and Mail has a news update that begins, "Judges can incorporate material they didn't write into their judgments provided they apply themselves diligently to the issues in the case, the Supreme Court of Canada ruled this morning." The...
The Fiery Debate Raging Over Charcoal Briquettes Vs. Lumps Is Making Us Very Hungry
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"The 6th Circuit splits with 2nd and 9th, lowers bar for securities claims"
Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report .
BA Summer Reading: Independent directors
Some interesting cases on the duties of independent directors coming out of Delaware...I have yet to read either of them,...
In Fourth Circuit, a Spotlight on Warrantless GPS Tracking
There's no dispute that the traffic stop one morning in May 2009 was legitimate. The driver of a Pontiac Grand Prix failed to use a signal before turning into an exit lane to leave Interstate 95 in South Carolina. The...
How New York State’s Indoor Smoking Ban Has Led To An Uptick In Bowling Alley Lawsuits
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Samsung Thinks Women Would Upgrade Husbands Into Creepy Housework Robots
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Contract Evolution
There’s a fantastic symposium issue out of NYU this month, devoted to evolution and innovation in contract terms.  There are articles by the ridiculously productive trinity of Choi/Gulati/Posner, a wild piece by Kevin Davis on Contracts as Technology, and a very cool empirical paper...
Think You Can Tell A $99 Wedding Dress From An $1,800 One?
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"Appeals court upholds Ciavarella's 28-year sentence"
The Citizens' Voice of Wilkes-Barre, Pennsylvania has a news update that begins, "A federal appeals court Friday upheld the conviction and 28-year prison sentence for disgraced former Luzerne County Judge Mark A. Ciavarella Jr." You can access today's ruling of the U.S. Court of...
Weighing the AP’s Legal Options
Courts have been more willing to defend the right to publish news than the right to gather it.
"In one case, a New Jersey bar allegedly mixed rubbing alcohol with caramel food coloring and...
"In another, a bar is accused of pouring dirty water into an empty bottle and passing it off as liquor." This week's action was the result of a year-long undercover investigation, in which agents from the New Jersey Division of Alcoholic Beverage Control (ABC) used a new instrument — the...
Delivery Guy Caught Treating Customer’s Pizza As His Personal Snack Bar
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9-Year-Old Girl tells McDonald's CEO: "It would be nice if you stopped trying to trick kids into...
More adulation for a child that performs a script that serves an adult agenda. I'm really fed up with the use of children in politics. If this child were as smart as the people who are applauding her seem to think, she could figure out for herself what she wants to eat. But she's 9, and I'm sure...
Tumblr, Porn, and Internet Intermediaries
In the hubbub surrounding this week’s acquisition of the blogging platform Tumblr by born-again internet hub Yahoo!, I thought one of the most interesting observations concerned the regulation of pornography. It led, by a winding path, to a topic near and dear to the Concurring Opinions gang:...
"People with higher IQs are slow to detect large background movements because their brains...
"From previous research, we expected that all participants would be worse at detecting the movement of large images, but high IQ individuals were much, much worse." I'm interested in this subject: Things really smart people are especially bad at.
TV Broadcasters Sue Internet Streaming Service
Updated at 2:37 p.m. Television broadcasters filed a copyright infringement lawsuit yesterday against FilmOn.com Inc., a company that allows users to stream live television programs online. The networks are seeking a court injunction, accusing FilmOn of "exploiting…some of...
"I would encourage us all to be more optimistic, more relevant and more courageous."
"I think when we do, we win in Iowa, we win in Wisconsin, and all across this great country, and we transform this place we live in." Scott Walker in Iowa.
Judicial Copying in Reasons for Judgment Isn't Wrong of Itself
In fact, it's necessary for the efficient functioning of the legal system. Merits and appearances matter. Cojocaru British Columbia Women’s Hospital and Health Centre , 2013 SCC 30  [CanLII link here ], released today, holds, unanimously, that the mere fact judicial reasons duplicate, with or...
"What is your most outdated device? Why haven't you upgraded?"
"Are you proud of, embarrassed by or ambivalent about this outdated thing?" Several answers at the link (which is via Metafilter ), but this one got me: Nicholas Carr, author of The Shallows : “The ‘device’ that feels most outdated to me is my blog ,” says Carr. “When I started the thing, in 2005...
Driverless cars: a privacy/surveillance threat?
Randal O’Toole doesn’t share the concerns of Greg Beato and others. Tweet Tags: autos , Google , privacy , technology Driverless cars: a privacy/surveillance threat? is a post from Overlawyered - Chronicling the high cost of our legal system
FTC Fires Back In Cybersecurity Case
The Federal Trade Commission is offering a strong defense of its powers to police cybersecurity practices against a challenge by Wyndham Worldwide Corp.
Target, Macy’s Reject Fee-Fixing Settlement With Credit Card Companies & File Fresh Lawsuit
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"The bottom line of a good job is that it makes you feel..."
"... like you have unlimited energy for your work because it’s so fulfilling."
Racial Uplift or Racial Scolding: The Baggage of Symbolic Representation in President Obama’s...
    I was invited to stay around another month but a personal loss and the press of grading papers overwhelmed me. With apologies to the list organizers, this is my first and last post for this month. President Obama’s commencement speech at Morehouse College on May 19th triggered a...
"Court gives wounded soldier a break on computer search"
Michael Doyle of McClatchy's Washington Bureau has this post today at his blog, "Suits & Sentences." You can access Thursday's ruling of the U.S. Court of Appeals for the Armed Forces at this link .
"A man with a cow slurry fetish has admitted threatening..."
"... to kill a family who live at a farm where he has repeatedly rolled naked in animal muck." "Slurry" is "A mixture of manure or farmyard waste and water; manure in fluid form," according to the OED, which provides these historical examples: 1965 Punch 22 Dec. 932/2 In a...
"Sorry about the smell of cat piss. That's why we have to cover everything in plastic."
Says Patti Smith , leading the Guardian interviewer through her house, which "looks as if it's been squatted by a class of particularly manky art students" and is "dark and dingy and stinks of cat." Excerpt from the interview, 3 reasons why she gave up music performance and recording in the late...
Some Updates, Which I Guess Have Turned Out to Be Mostly About Randy Quaid
No ruling yet in the case of John Brennan, not the drone-loving CIA director but the heroic anti-TSA protester who stripped naked at Portland International Airport last year. A judge dismissed criminal charges against Brennan on First Amendment grounds but...
At the Allium Café...
... it's allium time again.
Baseball sleight of hand.
Your browser does not support iframes. (Thanks to Lem for sending me that.)
Saturday Open Thread
It's Champion League Final Day! Bayern Munich vs. Borussia Dortmund (or BVB for those in the know) in an all German club final. I invested in Dortmund at the quarterfinal stage at 8-1, so a hedge is in order - Bayern (-1) at (+135) for 3... [[ This is a content summary only. Visit my website...
It "never ceases to amaze" Power Line "when 'mainstream' potentates" like GWU lawprof...
"... come to understand what conservatives have been saying loudly for thirty or forty years, but somehow pose as though they’ve discovered something new or are offering brilliant new insights."
"[T]he government is blurring the distinction between physical assaults and 'sexually themed...
"... in order to justify censoring and punishing the latter." Most of academia’s leadership is too invertebrate and too soggy with political correctness to fight the OCR-DOJ mischief. But someone will. And it is so patently unconstitutional that it will be swiftly swatted down by the...
"There's been a spate of new pleadings in the George Zimmerman case."
TalkLeft explains it better than anyone else, as far as I know. ALSO: "Slain Florida teen Trayvon Martin's cellphone texts and photos show him chatting with friends about marijuana, fighting and guns, new potential evidence shows."
A solution to the jobless-lawyer problem?
The immigration bill would give many deportees free attorneys [ Slate ] Tweet Tags: civil gideon , immigration law A solution to the jobless-lawyer problem? is a post from Overlawyered - Chronicling the high cost of our legal system
Eric Holder Should Go!
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Casting A Big Net: Pope Says Atheists Can Get Into Heaven Too
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New Blood
It's been a while. Not since some lawyer had his marketeer and SEO specialist create a blog in his name that finely honed to make a place of honor on the first page of Google for "lawyers who take cash," but someone who brought new thought. It's been too long. Which is why I'm thrilled to...
What's Wrong With Family And Friends Getting Together For A Cocktail?
It's so nice when family and friends get together and just hang out, maybe have a cocktail, right? Before you say yes, remember that there are many kinds of cocktails ... Per khou.com: HFD arson Investigators said the incident started as an argument between [Darius] Owens [26] and...
CPSR Wraps It Up
The Computer Professionals for Social Responsibility (known as CPSR ) has decided to wind up, having pushed for responsible – and notably peaceful – uses of information technology for over 30 years. As they say in their notice, back in 1981 there was no one else with their message...
SAG-AFTRA Responds to Foreign Royalties Lawsuit
A new suit apparently charges the union with failing to properly disburse about $110 million received from foreign collection societies. read more
"Jersey Shore" ladies try to make a scene with Governor Christie...
... and — despite the look of the headline at The Daily Mail — he doesn't let them:
At the Robot Café...
... the hour is getting late.
Any list of the top 101 restaurants in Los Angeles ...
... that doesn't include In and Out Burger is obviously a bad joke. [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
Canada’s Highest Court OKs Judicial Cut and Paste
One of the apparent perks of being a judge, apart from the satisfaction of wielding a gavel, is the ability to copy the work of others without getting in trouble.
"Almost every one of the pregnant women I spoke to had suffered a mandatory abortion."
"One woman told me how, when she was eight months pregnant with an illegal second child and was unable to pay the 20,000 yuan fine (about $3,200), family planning officers dragged her to the local clinic, bound her to a surgical table and injected a lethal drug into her...
Update on the case of the 18-year-old lesbian charged with a felony for having sex with a...
1. We talked about this case 2 days ago here . There were accusations of selective prosecution under the Florida statutory rape law, which require you to believe that an 18-year-old guy having sex with a 14-year-old girl would not be prosecuted. 2. The parents of the younger girl are...
Judge Says Customers Won’t See One Red Cent Of Unredeemed Borders Gift Cards
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"U.S. Chief Justice returns to LaPorte school for commencement address"
The Post-Tribune of Gary, Indiana has this news update . The Times of Northwest Indiana has a news update headlined " Chief Justice Roberts encourages grads at LaPorte County alma mater ." And The Associated Press reports that " Chief Justice Roberts tells graduates at his...
"You have no idea what people will do to themselves," said a veteran ER nurse...
... quoted in Mary Roach's "Gulp: Adventures on the Alimentary Canal." “Forget to remove the potato that you used as a pessary until you noticed a vine sprouting between your legs? Decided to do your own nose job at the bathroom mirror and replace the cartilage with a leftover...
"I’ve concluded that the goal of most college courses should not be knowledge but engaging...
Writes Notre Dame philosophy prof Gary Gutting , who teaches a freshman seminar reading "a wide range of wonderful texts, from Plato and Thucydides to Calvino and Nabokov." We have lively discussions that require a thorough knowledge of the text, and the students write...
"Scalia vs. Roberts: The conservative justices faced off over Obamacare -- now they're dueling...
Tom Donnelly and Doug Kendall have this jurisprudence essay online at Slate.
SEC: Evidence In Martoma Insider Case Fills Conference Room
The evidence the Securities and Exchange Commission says it’s collected for a civil lawsuit against a former SAC Capital Advisors LP trader would fill a conference room, according to the regulator’s lawyers. And all of that will soon be turned over to lawyers for Mathew Martoma, a former...
After A House Fire, Watch Out For Actual Criminals, Not Just Scummy Contractors
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"Argument Audio: The Four Holdout Circuits."
Michelle Olsen has this post today at her blog, "Appellate Daily."
Friday Open Thread
Your turn. Here's an open thread, all topics welcome. [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
Does "6" Infringe on "9"? What If It's Upside Down?
Would you be confused by these marks? Look closely: Image: Consumerist.com The one on the left is the logo of West Sixth Brewing Company in Lexington, Kentucky. The one on the right belongs to Magic Hat Brewing Company, based in...
God "has redeemed all of us, all of us, with the Blood of Christ: all of us, not just Catholics...
So says Pope Francis. "(T)his ‘closing off’ that imagines that those outside, everyone, cannot do good is a wall that leads to war and also to what some people throughout history have conceived of: killing in the name of God... And that, simply, is blasphemy."... To both atheists and...
"Court hears 'sensitive jobs' fight"
Josh Gerstein of Politico.com has this blog post reporting on a case reargued en banc today at the U.S. Court of Appeals for the Federal Circuit . You can access the oral argument audio via this link (14.3 MB mp3 audio file). And you can access the original three-judge panel's ruling in...
At the Sunlit Café...
... you can talk all afternoon.
Mentor of A Murderer: Cleric Praises London Killer and Former Student
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"She just showed a bit of motherly love. She just did what any mother would have done."
"She felt that could have been me lying down there in the street. She just felt for the poor guy. No man should have to die like that in the street with no-one around him. She came home afterwards and she just sat down and had a cup of coffee. But she doesn't want to talk about it. She did what...
Victoria’s Secret Charges Me $15 For The Privilege Of Returning Stuff
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"Appeals court hears arguments in Wilmington public housing gun case"
Sean O'Sullivan of The News Journal of Wilmington, Delaware has a report that begins, "Having lost a federal court battle over restricting guns in Wilmington's public housing, plaintiffs backed by the National Rifle Association asked an appeals court [yesterday] morning to send the...
"The impact dislocated his shoulder, but the Navy veteran just popped it back in and dragged his...
Surviving the Interstate 5 bridge collapse.
Judge cuts sentence from 11 years to 4 months because the sex offender suffers from...
Does that make sense?
We’re All Basically Clueless When It Comes To How Many Calories Are In Fast Food
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Michael Piwowar To Take Over For Troy Paredes At The SEC
Congratulations to Michael Piwowar and Kara Stein, the two senate staffers nominated to the SEC today, but we at the...
Acid Whey: The Less Delicious Byproduct Of The Greek Yogurt Boom
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"A White House can powerfully shape other perceptions... For years the administration has...
"... delegitimizing it as a news organization, even urging its ostracism," writes Charles Krauthammer . Then (surprise!) its own Justice Department takes the unprecedented step of naming a Fox reporter as a co-conspirator in a leak case — when no reporter has ever been prosecuted for merely...
My Fifth Replacement iPhone 5 Doesn’t Work Either
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UK Philosophy Students: the druggiest of all!
This is a curious item (and not exactly a rigorous survey of student practices). (Thanks to Michael Richards for the pointer.)
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