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Supreme Court To Hear Arguments on Whether Businesses Can Force Hires into Waiving Their...
A case being briefed before the Supreme Court will challenge the legality of a common practice by employers – forcing potential hires to sign contracts waiving their right to sue. The LA Times recently ran an editorial covering the ramifications of the case, brought against Murphy Oil USA...
CNN Under Fire Over Statements By Producer Calling Collusion Coverage “Bulls**t” and...
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"Unlocking the Mysteries of the Supreme Court's Entry Ban Case"
Marty Lederman has this post at the "Take Care" blog.
"Consensus Marks Supreme Court Term; Chief justice steered court to high-profile decisions...
Jess Bravin and Brent Kendall have this article in today's edition of The Wall Street Journal.
Of all people, Phil Donahue says: "Don't be so sensitive." That's his advice to journalists who...
"I think that the best way to handle this is to just keep working. Don't be so sensitive. Don't look like you have a glass jaw." The MSNBC host, Stephanie Ruhle, seems to have no idea what "glass jaw" means. She asks, "What does that mean?" and Phil takes on the burden of...
Four Arrested In Vicious New Orleans Attack
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"It’s been over 7 months since Trump was elected, yet my professors show no signs of putting their...
"Because my English professors at Yale are largely liberal, the political message in my classes is always the same: Trump is a demagogue, American society is doomed, and English literature is our refuge. Liberal professors and students increasingly feel that it is their duty as professors...
"But really, it would have been fine to skip this strange celebrity ritual, this complicated stew of...
"Yes, pregnancy is beautiful and powerful and worthy of celebration. You are womanly. You are phenomenal. God bless. But it has become virtually impossible for a celebrity to go through a pregnancy without getting naked for the cameras, her fans and — presumably — herself." From...
Kokesh Footnote 3 Notwithstanding: The Future of the Disgorgement Penalty in SEC Cases
New article on the recent Kokesh case by yours truly. I was limited to 5,000 words by the review, so it's short and very to the point: Disgorgement of ill-gotten gains long has been a basic tool in... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
What books has Hillary Clinton been "losing [her]self in"?
"I finished Elena Ferrante’s Neapolitan novels, I devoured mysteries by Louise Penny, Donna Leon, Jacqueline Winspear, Charles Todd... I reread old favorites like Henri Nouwen’s The Return of the Prodigal Son , the poetry of Maya Angelou and Mary Oliver. I was riveted by The...
"I roll into the bar late but everyone’s too drunk to care. Mark introduces me to his friends. They’re...
"... even his female friends. I’m cautious about women. Sometimes women get weird around attractive women — even the ones who are just as attractive." From "The TV Reporter Wondering About Her Date’s Girlfriend" (in the "Sex Diaries" column at New York Magazine) IN THE...
"Dan Rather did a 60 Minutes segment on wellness in 1979... 'Wellness,' he said, 'that’s not a word...
From "The Wellness Epidemic/Why are so many privileged people feeling so sick? Luckily, there’s no shortage of cures" (in New York Magazine). Speaking of words you don't hear every day, I just learned the word "spoonies." Do you know about "Spoon Theory"? Also, I didn't know that...
Supreme Court of Canada Overrides Forum Clause in Facebook Agreement
The Supreme Court of Canada has decided that a British Columbia privacy class action may proceed against Facebook in the courts of BC, despite the contract naming California as the forum for legal actions. My personal view is that in business to consumer contracts, if a court decides...
Video from China: Workers dunk empty Budweiser cans into a vat of beer in a factory that reseals the...
You see old cans — with the lids removed — lifted out of a cardboard box and submerged in a big tub of (presumably) beer by 2 women who are not even wearing gloves! According to the article — in the South China Morning Post — people in China order canned beer...
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. R. v. Gashikanyi , 2017 ABCA 194 [71] The presence of...
The Immigration Order and the Regaining Objectivity In the Media and the Courts
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"As a jurist formerly known as reasonable, I disagree."
Today, Senior D.C. Circuit Judge Stephen F. Williams issued a dissenting opinion that begins, "My colleagues have determined that no 'jurists of reason would find . . . debatable' whether Carlton Blount's habeas petition is timely. As a jurist formerly known as reasonable, I...
The Immigration Order and the Regaining Objectivity In the Media and the Courts
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"Goodbye, Establishment Clause: The Supreme Court's ruling in Trinity Lutheran v. Comer...
Perry Grossman and Mark Joseph Stern have this jurisprudence essay online at Slate. Online at Bloomberg View, law professor Noah Feldman has an essay titled " Supreme Court Weakens Wall Between Church and State: Allowing a Missouri church to receive state money for...
"U.S. High Court lets stand Philly ruling on gun ownership by people convicted of minor crimes"
Joseph A. Slobodzian of The Philadelphia Inquirer has this report .
"Mrs. Palin brings this action to hold The Times accountable for defaming her by publishing a...
"... that Mrs. Palin was responsible for inciting a mass shooting at a political event in January 2011." “Specifically, on June 14, 2017, The Times Editorial Board, which represents the ‘voice’ of The Times, falsely stated as a matter of fact to millions of people that Mrs. Palin incited...
"Gorsuch Joins Thomas as Supreme Court's New Conservative Anchor"
Greg Stohr of Bloomberg News has this report .
"Supreme Court's recent unity faces looming test"
Lawrence Hurley of Reuters has this report .
"That's a SCOTUS Wrap"
Adam Feldman has this post at his "Empirical SCOTUS" blog.
"A Cautious Supreme Court Sets a Modern Record for Consensus"
Adam Liptak of The New York Times has this report .
Fake news about fake news.
Rush Limbaugh, today: Three CNN members of the new investigative unit have resigned, i.e., been fired. One of them is a guy named Thomas Frank...  the name might ring a bell. This guy wrote a book way back when called What’s the Matter With Kansas or What’s Wrong...
"Nobody asked me to do this and it would not be the same thing I do if they had asked me."
"One is sometimes asked 'by what right' one presumes to offer judgement. Quo warranto ? is a very old and very justified question. But the right and warrant of an individual critic does not need to be demonstrated in the same way as that of a holder of power. It is in most ways its own...
Is The Supreme Court Immigration Appeal A Case Of Planned Obsolescence?
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In Memoriam: William G. Demopoulos (1943-2017)
A leading contributor to philosophy of physics, math and logic, among other areas, he spent the bulk of his career at the University of Western Ontario. Western's memorial notice is here. (Thanks to Robert DiSalle for the information.)
Adamis Pharmaceutical’s Symjepi EpiPen Alternative Approved
There’s potential good news for those with serious allergies: Adamis Pharmaceutical’s Symjepi, an EpiPen alternative, has been granted FDA approval. Pricing information has yet to be released to the public, but the company anticipates Symjepi will be priced well below Mylan’s...
Access today's Order List of the U.S. Supreme Court
At this link . The Court granted review in five new cases. And Neil M. Gorsuch has been assigned as the Circuit Justice for the U.S. Court of Appeals for the Eighth Circuit .
The travails of a puppeteer.
"The White Man Who Was Inside the Black/Rasta/Mammy Puppet at the Fremont Parade Says He Is Not a Racist." I am the anonymous puppeteer who had the large black puppet in the Solstice Parade, and got such a public drubbing for being racist.... I fully intended for my puppet...
Elaborate Web Scam Swindles The Elderly Out Of Life Savings
Elaborate Web Scam Swindles The Elderly Out Of Life Savings The post Elaborate Web Scam Swindles The Elderly Out Of Life Savings appeared first on Legal Reader .
Prosecutors Allege Cadden Carelessly Shipped Contaminated Injections
Prosecutors Allege Cadden Carelessly Shipped Contaminated Injections The post Prosecutors Allege Cadden Carelessly Shipped Contaminated Injections appeared first on Legal Reader .
"This 3,000-Year-Old Wooden Toe Shows Early Artistry of Prosthetics."
"Crafted from leather and wood, the ancient Egyptian prosthesis was was adjusted to precisely fit its wearer’s foot."
Is The Supreme Court Immigration Appeal A Case Of Planned Obsolescence?
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"Zillow is threatening to sue me if I don’t delete most of the posts on this blog."
Says McMansion Hell (a very funny and useful blog). ADDED: The blogger is not deleting the blog. Start here and scroll to see the posts. I'm pretty sure I've linked to it before. If you like mockery of bad architecture and interior decoration, it's great. ALSO: The post about the litigation...
NBER: Seattle minimum wage hike hurt low-wage workers
A working paper for the National Bureau of Economic Research by a University of Washington team — the same team hired by Seattle to evaluate its minimum-wage experiment — just found serious ill effects: This paper evaluates the wage, employment, and hours effects of the...
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 research, writing, and practice. Research & Writing All Well and Good Neil Guthrie If I had a dollar for every time he’s heard Good, thanks – and you...
University of Delaware Fires Professor For Insensitive Comments On Facebook
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"Minor league baseball players lose appeal over wages"
Jonathan Stempel of Reuters has this report on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued on Monday.
TSA Officer Charged With Stealing Cash From Woman At Orlando Airport
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"Corporate Whistle-Blower Case Gets U.S. Supreme Court Scrutiny"
Greg Stohr of Bloomberg News has this report .
"SCOTUS Splits the Travel Ban Baby: The Supreme Court's ruling doesn't make much sense as a...
Dahlia Lithwick and Mark Joseph Stern have this jurisprudence essay online at Slate. Online at Bloomberg View, law professor Noah Feldman has an essay titled "Be Wary of a Compromise on Trump's Travel Ban; The Supreme Court agrees to hear the case in the fall, but...
The President and the Bill of Rights
I see that the President made his first reference to the Bill of Rights on June 8th. (I hadn’t noticed this one until now.) You can find the remarks here, in which he told a faith-based group:  “Our religious liberty is enshrined in the very First Amendment in the Bill of Rights.” Since I’ve made a big...
Courthouse Libraries BC’s Open Invite in UX Testing “Sprint” to Improve Website
The key to improving  ease of use is to erase assumptions.  That’s important when aiming to improve website usability, generally, but it’s not always easy when you’re dealing with an esoteric culture of users (such as lawyers) who are used to finding information according to old patterns. Calling all...
Police seem to confirm what most viewers of the viral video were saying.
That girl was to blame for falling out of the Sky Ride gondola. Of course, it was decent and good for people to gather underneath and risk injury to catch her, even if she was to blame for getting herself into that dangling-from-a-gondola predicament. Here was a...
Takata Bankruptcy Underway
Airbag manufacturer Takata Corp. filed bankruptcy on June 25 in response to the billions of dollars in liabilities it has incurred over the recall of its dangerous airbag inflators. The post Takata Bankruptcy Underway appeared first on Legal Reader .
Three Short-Supply Injectable Products Recalled Over Sterility Concerns
Over concerns of sterility, Hospira Inc., a Pfizer company, has voluntarily recalled three injectable products, as of June 15, 2017. The post Three Short-Supply Injectable Products Recalled Over Sterility Concerns appeared first on Legal Reader .
Transparency + Truth = Trustworthiness
The American people have just received the most recent example that what we do not know can harm us. It’s only when transparency is combined with truth that we see trustworthiness in our government. Without Transparency – What We Don’t Know Can Harm Us On June 23, 2017 we...
St. Louis Settles for $500k with Relatives of Woman Killed After 911 Dispatcher Sent Officers to the...
St. Louis paid out $500,000 to settle a lawsuit brought forward by the grandmother of a woman who was killed after a 911 dispatcher sent officers to the wrong address. The tragedy occurred nearly three years ago, in July of 2017. Jessica Thompson called 911 following a frightening...
"A man yelled 'Freedom!' as he crashed his vehicle into Arkansas' new Ten Commandments...
"... nearly three years after he was arrested in the destruction of Oklahoma's monument at its state Capitol, authorities said." In the video [on Michael Reed's Facebook page], the sky is dark and the Arkansas Capitol's dome is visible. Music is heard followed by a female voice, likely...
Electronic highway toll collection -- inexpensive and convenient, until it's not
On Tuesday, a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit issued an opinion that explained, "The Plaintiffs in this case, who were assessed fees totaling hundreds and in some cases thousands of dollars after they repeatedly refused to pay tolls, contend...
"Democrats fume over early Gorsuch rulings; Conservative moves by the new Supreme Court...
Josh Gerstein of Politico.com has this report .
Pain Doctor Charged With Second-Degree Murder Of Five Patients
Pain Doctor Charged With Second-Degree Murder Of Five Patients The post Pain Doctor Charged With Second-Degree Murder Of Five Patients appeared first on Legal Reader .
"'No jump, it’s important, no jump,' he said... But Ms. Mol, apparently misunderstanding his...
"She threw herself from the ledge — and plunged to her death. The harness she was wearing had not yet been secured to the bridge." From "Deadly Bungee Jump in Spain Could Lead to Criminal Charges" (NYT). Vera Mol was 17. The bridge was 130 feet high.
Mills College ceases to be a liberal arts college
They have axed their philosophy department and will fire its two tenured faculty. Let the lawsuits begin, the college deserves it for this egregious breach of contract. If there is fundraising to support legal remedies for the two tenured faculty...
Debt, Interest, and Two-Legged Predators
Like any other tool, debt can helpful or harmful to people and the society they live in. It all depends upon how it's used. Unfortunately, it's becoming a weapon of mass impoverishment for our youth and working class. The post Debt, Interest, and Two-Legged Predators appeared first...
Green Beret Acquitted In Shooting Of Thief Under Colorado’s “Make My Day” Law
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Reflections on Technology Changes in Real Estate Practice
This article is by Maurizio Romanin, President & CEO, LawyerDoneDeal Corp. & Nora Rock, Corporate Writer & Policy Analyst, LawPRO. Facilitating transfers of real estate has been the bread-and-butter of thousands of Ontario lawyers for generations. Despite occasional...
Sanders Prize in Political Philosophy for 2017 to Fabian Wendt
Philosopher Peter Vallentyne (Missouri) asked me to share this announcement: Fabian Wendt, Bielefeld University has won the 2017 Sanders Prize in Political Philosophy for his paper “Rescuing Public Justification from Public Reason Liberalism”. There were 49 papers submitted for award...
Infant Overheats On United Airlines Aircraft For Two Hours
Infant Overheats On United Airlines Aircraft For Two Hours The post Infant Overheats On United Airlines Aircraft For Two Hours appeared first on Legal Reader .
The #1 most-read article at New York Magazine is "Donald Trump Wears His Watch Way Too Tight."
"Judging by the photos, it looks like the president wears his watch this tight on purpose ."
2017 Legal Marketing Trends: Are They Resonating With You?
The state of legal marketing is in constant flux. New strategies emerge, opportunities arise, and tech continues to disrupt even the most established business practices. You can’t make changes if you don’t see them coming, which is why every year we bring together leading...
Pro baseball and safety netting
At some point “baseball will succumb to demands for more netting whether or not it’s what teams or most fans want. If they don’t, cities like New York will undoubtedly compel them.” [ Jonathan S. Tobin, The Federalist ] Tags: assumption of risk , baseball Pro baseball and safety...
"Court upholds SF law on deceptive pregnancy clinic marketing"
Dominic Fracassa of The San Francisco Chronicle has this report on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued on Tuesday.
June 28 roundup
Unlike some other states, Massachusetts has not passed a law making it unlawful to encourage suicide; confidante nonetheless convicted of involuntary manslaughter over texts encouraging fellow teenager to do that [ New York Times , NPR ] New Emoluments Clause lawsuits against...
"What the Supreme Court's Travel Ban Ruling Means in Practice"
Jonathan Blitzer has this post online at The New Yorker.
"Justice Gorsuch Wastes No Time Stirring Up Trouble: His dissent in a gay-rights case reads...
Law professor Noah Feldman has this essay online at Bloomberg View.
"Supreme Court Turns Down Case on Carrying Guns in Public"
Adam Liptak has this article in today's edition of The New York Times. Jess Bravin of The Wall Street Journal reports that " Supreme Court Refuses to Review California Concealed-Weapon Restrictions; Move frustrates gun activists who saw case as path to expand individual right...
"CNN in hell" (See ya in hell).
Drudge links to "CNN’s Russia story debacle came at the worst possible time for the network" (WaPo). Among its other high-profile debacles over the past month, CNN fired comedian Kathy Griffin, who co-hosted its New Year’s Eve program, after she took part in a photo shoot in which she...
"Supreme Court term ended much different than it began"
Mark Sherman of The Associated Press has this report .
"With 3 Words, Supreme Court Opens a World of Uncertainty for Refugees"
Miriam Jordan of The New York Times has this report .
"Gorsuch is the new Scalia, just as Trump promised"
Law professor Richard L. Hasen -- author of the " Election Law Blog " -- has this essay online at The Los Angeles Times.
Your daily Mendota.
It's a 4-day streak now. Different every day. Not that different. But I'm keeping an eye on it for you. MEANWHILE: Meade was mountain biking and texted me this:
EPA Staffers and Top Democrats Wary of Former Chemical Lobbyist Nancy Beck in Leadership...
The Trump administration is purportedly irking senior staffers at the Environmental Protection Agency with its appointment of Nancy Beck, a former industrial lobbyist, to a top position. Although the government recently released a list of some of the most important chemical-safety rules in...
Trump Scores as Supreme Court Reinstates Part of Controversial Travel Ban
The Trump administration scored a partial victory Monday, with the Supreme Court agreeing to implement part of the president’s controversial travel ban. In its unsigned opinion, the justices lifted an injunction on part of the order, while committing to resolve the rest in autumn. Under the new...
University of Delaware Fires Professor For Insensitive Comments On Facebook
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Masterpiece Cake
Another case that the Court will hear next Term involves a baker who refused to make a wedding cake for a same-sex wedding. The state anti-discrimination statute was held to prohibit that refusal and a Colorado court ordered an equitable remedy. On certiorari. the baker is...
Samurai armor.
From the exhibit at the Chazen Museum : You can talk about whatever you want in the comments. I'm ending the morning session of blogging before the sharpness, humor, and insight fade. (May I just add a reminder that you can support this blog by shopping through The Althouse...
"Keeping his own gray suit immaculate and his tone emotionless, O'Brien calls intermittently on...
"Bursts of strobing light and jackhammer sound effects follow those orders, but even though we see the bloody aftermath and not the acts, the carnage is not for the faint of heart. Even worse is the ghastly anticipation fed by O'Brien's one vivid description of the ultimate torture...
What's the most disgusting thing about this Looper video, "Actors Who Were Drunk During...
I'll give you my answer later. ADDED: The commenter Virgil Hilts essentially got it, in this comment that went up 9 minutes after the post (and it took 6 minutes to watch the video): Thinking like Ann -- wow, the only examples they could come up with for actresses related to shooting sex...
Meade says that morning posts and morning comments are the best — sharp, humorous...
Later in the day, the quality declines, and at night... look out. Is Meade right? Yes or mostly yes. Yes about the comments, mostly, but the posts are the same at different times of day. No. There's good and bad in varying degrees without much connection to the time of day. No. It gets...
Project Veritas captures a CNN exec agreeing that the Russia narrative is "bullshit" and...
As the Project Veritas website puts it : "CNN is actively plotting a fake news campaign, aimed squarely at Trump--and Project Veritas just caught them red-handed."
"Between new shops, expansions, and menu upgrades, 2017 is set to be the breakout year for...
"Dō — based in New York City, where there is a line for everything — certainly garnered a lot of publicity during its January opening, but it wasn’t the only doughy debut of the year. In February, Tart Sweets bakery in Winston-Salem, North Carolina, started selling its dough in 'doughwiches...
Urban Dictionary Word of the Day: Broflake.
"Straight white male offended by any feminist or ethnic activity which is not directly designed for him."
Reason.com presents LSD Microdosing as "The New Silicon Valley Productivity Hack."
That's mostly an interview with George Burke, who takes a tenth of a "typical dose" of LSD every day . "I notice that my brain seems to be able to solve problems a little bit better than...before," says Burke, who runs a startup called Fuel that helps its clients custom tailor their diets to their...
Profound Thoughts From a Visionary
It was suggested to me, not unfairly, that I should be more forward-looking when writing on the topic of legal and professional information publishing. The point, though hardly seriously, was put in terms of whether I might personally consider exploring the role of “visionary” for the law...
Zillow cease-and-desist closes McMansion Hell blog
23-year-old Kate Wagner has at least temporarily shuttered McMansion Hell, a popular blog on which she posted photos of modern houses overlaid with sarcastic comments about their perceived design shortcomings. Real estate aggregator Zillow sent Wagner a cease and desist order...
TSA Officer Charged With Stealing Cash From Woman At Orlando Airport
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Supreme Court will hear cakeshop case
By agreeing to hear the case of Masterpiece Cakeshop v. Colorado Civil Rights Commission, the Supreme Court has set up a potentially major decision on “whether applying Colorado’s public accommodations law to compel the petitioner to create expression that violates his sincerely...
"Justice Neil Gorsuch delivering as Trump's promised conservative"
Ariane de Vogue of CNN.com has this report .
"SEC wins latest round over how its judges are appointed"
Sarah N. Lynch of Reuters has this report on an order affirming by an equally divided en banc court that the U.S. Court of Appeals for the D.C. Circuit issued today. And at the "Notice & Comment" blog of the Yale Journal on Regulation, Aaron Nielson has a post titled " D.C. Circuit...
"A Sixth Circuit-Themed Primer on the Marks Doctrine, and an Endorsement of a Proposal to...
Asher Steinberg has this post at his blog, "The Narrowest Grounds."
Partisan Gerrymandering
Now that we know Justice Kennedy is not retiring this year, I would like to comment on the case that the Court will hear next Term upcoming on whether partisan gerrymandering can violate the Constitution. It is very likely that four Justices will say that the issue is not justiciable and four will say...
Obama "didn't 'choke,' he colluded or obstructed, and it did the Dems and Crooked Hillary no good."
4 Trump tweets from a few hours ago: 1. "The reason that President Obama did NOTHING about Russia after being notified by the CIA of meddling is that he expected Clinton would win.." 2. "...and did not want to 'rock the boat.' He didn't 'choke,' he colluded or obstructed, and it did the...
"CNN is imposing strict new publishing restrictions for online articles involving Russia...
Buzzfeed reports , citing "an internal email," from Rich Barbieri (CNNMoney's executive editor), which read:saying "No one should publish any content involving Russia without coming to me and Jason." (Jason Farkas is a CNN vice president). Buzzfeed also quotes an anonymous source...
Meade texts me a photo of the backyard, and I squint at the image. Did a huge branch of the oak...
Home, I hurry through to the deck that overlooks the yard from the second floor, and nothing seems to have changed. Meade is casually raking the semi-circular lawn. What was I seeing in that photograph? That's the view from the roof — which is 3 floors above the ground. I'd been out walking...
American Airlines, Qatar, and the NOL Poison Pill
I know most bloggers today are consumed with the June avalanche of Supreme Court opinions and cert grants, but something...
"The justices, in effect, said that foreigners with ties or relationships in the United States would...
"But, those applying for visas who had never been here, or had no family, business or other ties could be prohibited.... The justices said the distinction should be easy to administer. 'In practical terms, this means that' the executive order 'may not be enforced against foreign...
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