JURIST

MARCH 27, 2021

The Fourth Circuit held on Thursday that France is immune from U.S. trademark infringement claims brought by the former owner of “France.com.” Circuit Judge Diana Gribbon Motz, joined by Judges Henry Floyd and Allison Jones Rushing, said the French government did not engage in commercial activity that would negate its sovereign immunity when it won the rights to the domain name in French court from France.com Inc.

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HowAppealing

MARCH 27, 2021

“Pa. court blocks abortion providers’ challenge to state’s curbs on public funding for abortions”: Matt Miller of The Patriot-News of Harrisburg, Pennsylvania has this report. And Marc Levy of The Associated Press reports that “ Pennsylvania court again backs limits on abortion coverage.” You can access yesterday’s en banc ruling of the Commonwealth Court of Pennsylvania at this link.

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JURIST

MARCH 27, 2021

The New York City Council on Thursday passed five bills and three resolutions aiming to increase the transparency and accountability of the New York Policy Department (NYPD). One bill ended qualified immunity for police officers, making New York City the first American city to ban the use of qualified immunity for police officers. The legislation created a new local civil right, protecting residents from unreasonable searches and seizures as well as from the use of excessive force.

Legal 163

Legal Legal 163

HowAppealing

MARCH 27, 2021

“They Were Guantánamo’s First Detainees. Here’s Where They Are Now. The Pentagon called the first 20 prisoners sent to Guantánamo in 2002 ‘the worst of the worst.’ Just two remain there. Others are spread around the world — including four senior Taliban figures.” Carol Rosenberg will have this article in Sunday’s edition of The New York Times.

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JURIST

MARCH 27, 2021

JURIST EXCLUSIVE – A true reign of terror descended on Myanmar Saturday as the country’s military junta killed over 100 of its citizens in their own streets and homes as military leaders ostentatiously marked “Armed Forces Day” with a mass parade and a dress dinner in the official capital, Nay Pyi Taw. Loss of life was highest in Mandalay and Yangon, but ranged across regions.

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Laws Legal Legal 162

JURIST

MARCH 27, 2021

A district judge denied the Texas attorney general’s request for a temporary injunction against the city of Austin’s mask mandate on Friday. The denial is another setback for Ken Paxton, who filed suit against the city on March 11 for not complying with the governor’s order ending the state’s COVID-19 mask mandate. City and county health officials ordered the continuation of mandatory mask-wearing in light of the ongoing pandemic, and Paxton filed an application for both

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HowAppealing

MARCH 27, 2021

“For the first time in its more than 100-year-old history, the [Ames Moot Court Competition] was conducted virtually, due to the ongoing coronavirus pandemic.” Harvard Law School has posted on YouTube at this link the video of the competition’s final round, which occurred earlier this month. Justice Stephen G. Breyer presided over the virtual oral argument.

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LLRX

MARCH 27, 2021

Privacy and security issues impact every aspect of our lives – home, work, travel, education, health and medical records – to name but a few. On a weekly basis Pete Weiss highlights articles and information that focus on the increasingly complex and wide ranging ways technology is used to compromise and diminish our privacy and security, often without our situational awareness.

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Education Technology Government Criminal Law 70

HowAppealing

MARCH 27, 2021

“Appellants and Appellees are ordered to file supplemental briefing addressing the original public meaning of the Second Amendment.” So begins a detailed order that the U.S. Court of Appeals for the Ninth Circuit issued yesterday in an appeal from a federal district court’s denial of a preliminary injunction against a California law that bans the sale of firearms to adults over the age of 18 but under the age of 21.

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LLRX

MARCH 27, 2021

Privacy and security issues impact every aspect of our lives – home, work, travel, education, health and medical records – to name but a few. On a weekly basis Pete Weiss highlights articles and information that focus on the increasingly complex and wide ranging ways technology is used to compromise and diminish our privacy and security, often without our situational awareness.

Education 86

Education Technology Government Criminal Law 86

HowAppealing

MARCH 27, 2021

“Ban Garamond? C’mon People, It’s Not Exactly Comic Sans. The D.C. Circuit Court would prefer to deliver justice in Times New Roman, thank you very much.” Law professor Stephen L. Carter has this essay online at Bloomberg Opinion. Bloomberg Opinion’s extensive promotion of the essay on Twitter has caused “ Garamond ” to be trending at the moment.

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At the Lectern

MARCH 27, 2021

In a Los Angeles Times op-ed , Justice Goodwin Liu laments the paucity of Asian-American top prosecutors — “Anti-Asian attacks might have been taken more seriously if we had more Asian American DAs.” He says that “it is past time for leaders of th[e] discourse [on racism and discrimination] — including America’s chief law enforcement officers — to reflect the full diversity of our people.” He writes: Racially motivated crimes and harassment are woefully underreport

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HowAppealing

MARCH 27, 2021

“Professor wins free-speech fight over gender pronouns”: Alex Swoyer of The Washington Times has this report. Kevin Koeninger of Courthouse News Service reports that “University Can’t Force Professor to Use Students’ Preferred Pronouns, Panel Rules; An appeals panel reinstated First Amendment claims brought by a philosophy professor who was threatened with suspension or termination after he refused to call a transgender student by her preferred pronouns because of h

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JonathanTurley

MARCH 27, 2021

There was rioting in Miami Beach over the last week as spring breakers vandalized property, blocked streets, and attacked police. At least five officers were injured. One of those charged was Javon Washington, 30, faces an array of charges due to his role in playing music and encouraging defiance to the police. I have serious reservations about some of those charges, including resisting arrest without violence (which I have criticized in the past as dangerously ill-defined as a criminal provisio

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Misdemeanor Felony Legal Legal 42

HowAppealing

MARCH 27, 2021

“US court sides with photographer in fight over Warhol art”: Larry Neumeister of The Associated Press has this report. Ian Mohr of The New York Post’s Page Six reports that “ Court reverses Warhol Foundation legal win over ’80s Prince pics.” Josh Russell of Courthouse News Service reports that “ 2nd Circuit Flays Fair-Use Defense to Warhol Prince Prints; The reversal breathes new life into copyright claims over Andy Warhol screen prints of Prince that sh

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JonathanTurley

MARCH 27, 2021

By Darren Smith, Weekend Contributor. Because I could I decided to go for a short drive and spend a couple of days away; as good an excuse as any for a few photographs. Click upon each to enlarge. Nature is. Probably that is the clearest and most succinctly applicable sentence I can describe this wonder and serene pleasure rewarding my life. Yet as for the hobby of photography, Nature ultimately controls the subject matter.

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Construction 31

HowAppealing

MARCH 27, 2021

“Court ordered to review detention of ‘zip tie guy’ suspect, mom in Capitol riot case”: Mariah Timms of The Tennessean has this report. David Yaffe-Bellany of Bloomberg News reports that “ Capitol Riot Ruling Separates Assaults, Plots From Cheering.” Zoe Tillman, Ken Bensinger, and Jessica Garrison of BuzzFeed News report that “ A Court Made It Harder For Prosecutors To Keep Capitol Riot Defendants Behind Bars; The DC Circuit ruling was applied almost im

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Short article looking at the new CCP 2016.

EvidenceProf Blog

MARCH 27, 2021

Minn. Stat. § 609.341, subd. 7 states that "Mentally incapacitated" means that a person under the influence of alcohol, a narcotic, anesthetic, or any other substance, administered to that person without the person's agreement, lacks the judgment to give a.

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Court 246

HowAppealing

MARCH 27, 2021

“Federal Appeals Court Suspends Larry Klayman from Practicing Law in D.C.” Jerry Lambe has this post at Law & Crime about a ruling that the U.S. Court of Appeals for the D.C. Circuit issued yesterday. In earlier related coverage, Josh Gerstein of Politico had a report in September 2020 headlined “ A conservative legal gadfly faces the music: Larry Klayman pioneered the slash-and-burn legal tactics that have become an endemic feature of American politics; Now, he faces the p

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JURIST

MARCH 27, 2021

Dozens of human rights associations including Amnesty International, Center for Democracy & Technology (CDT), Electronic Frontier Foundation (EFF), and Human Rights Watch have released a letter strongly resisting the adoption of a proposed EU Regulation on preventing the dissemination of terrorist content online (the Proposed Regulation). Initial EU actions combating terrorism began in 2013 with the identification of a number of areas in which the EU should take action, including information

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HowAppealing

MARCH 27, 2021

“A law has empowered farmworkers for 46 years. The Supreme Court must let it be.” Jerry Brown and Miles Reiter have this essay online at The Washington Post.

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Legal

JURIST

MARCH 27, 2021

Senate Democrats on Thursday introduced a resolution to undo a Trump-era rule that curbed shareholder voting rights. The resolution seeks to change a rule issued by the Securities and Exchange Commission (SEC) last November that raised the ownership threshold for when a shareholder can force a vote on specific issues. The SEC claimed the change was designed to modernize the shareholder-proposal process, but opponents argue that the new rule prevents shareholders from pushing for corporate accoun

Government 104

Government Legal Legal 104

HowAppealing

MARCH 27, 2021

“How the Supreme Court laid the path for Georgia’s new election law”: Joan Biskupic of CNN has this report.

Laws 113

Laws Court 113

HowAppealing

MARCH 27, 2021

“As madness moves through March, SCOTUS considers NCAA case over athlete compensation”: Mark Walsh of ABA Journal has this report.

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MARCH 27, 2021

“Ruling denying adoption by same-sex Nebraska couple reversed”: Margery A. Beck of The Associated Press has this report on a ruling that the Supreme Court of Nebraska issued yesterday.

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Speaker: Adina Marta Newman

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