Friday Frills The Jabot Or Neck Doily

You’ve probably noticed, at some point, that Justice Ruth Bader Ginsburg wears a frilly lace collar with her robe, as did Justice Sandra Day O’Connor. I always assumed that the collar was just part of the uniform. After all, every woman in Supreme Court history (at that point, all two of them) wore them. They look a bit funny, almost British, but what exactly are they? And why do some of the female justices wear them?...

November 11, 2022 · 3 min · 597 words · Mary Chase

Get Ready To Get Naked Scotus Upholds Prison Strip Search

We credit the Supreme Court with expertise over pretty much everything because the Court has the final say in any issue it reviews. In particular, the Nine are deemed to know more about nudity than any other group in America because they are frequently called upon to decide whether nudity is obscene and if it should be punished. The Court, however, does not approach the propriety of prison strip searches, with the same “I-know-it-when-I-see-it” confidence as most cases involving nudity....

November 11, 2022 · 3 min · 498 words · Larry King

Ineffective Assistance In A Plea Lafler Redux

As SCOTUS Week continues, we turn to what could be the most factually interesting case of the 2013 term, and one that is being argued before the court as we speak. Vonlee Titlow arguably helped to murder her uncle. Titlow poured vodka in his mouth while he was passed out drunk, while her aunt held his nose shut, but relented and stopped her aunt from continuing. After she walked away, the aunt smothered the uncle with a pillow....

November 11, 2022 · 4 min · 762 words · Dwight Calhoun

Is Congress About To Take A Shot At Regulating Facial Recognition Technology

Facial recognition technology is improving. As it does, its use is increasing, and not just for law enforcement investigations. From theme park entrances to your neighbor’s door camera and the phone in your pocket - facial recognition software can be used almost everywhere. As a result, facial recognition technology is also raising significant new legal concerns. For now, however, there is no federal regulation of the technology or its use, even as the $3....

November 11, 2022 · 3 min · 559 words · Karen Taylor

Is The Ratatouille Tiktok Musical Legal

Editor’s Note: When originally published, this blog mistakenly referred to Emily Jacobsen and Daniel Mertzlufft as contributors to the Ratatouille film, rather than the musical. We apologize for any confusion. A few months ago, 17-year-old TikTok user Blake Rouse released two songs he wrote based on Disney-Pixar’s 2007 film Ratatouille. Musical theatre fans, missing their (our) fix after spending months being unable to see shows, quickly jumped in. Other users, including Emily Jacobsen and Daniel Mertzlufft, contributed more songs....

November 11, 2022 · 3 min · 503 words · Dedra Spencer

Little Tucker Act Doesn T Waive Sovereign Immunity For Fcra Suit

One of the goals of the Fair Credit Reporting Act (FCRA) is protecting consumer privacy. To achieve that goal, FCRA prohibits a person that accepts credit cards or debit cards for payment from printing more than the last five digits of the card number or the expiration date upon any receipt provided to the cardholder at the point of the sale or transaction. A boutique or restaurant or cab driver that prints your full credit card number can be fined up to $10,000 for the compromising your privacy....

November 11, 2022 · 3 min · 439 words · Douglas Castilleja

New Mexico Meat Plant Defies Shutdown Order Files Lawsuit Against State

Amid the U.S.’s patchwork of regional coronavirus regulations and guidelines, the question of authority frequently comes up. In the latest challenge to state authority, a New Mexico meat processing plant is defying state policy by refusing to shut down after several employees tested positive for COVID-19. Plant owners say that an executive order from President Donald Trump means they’re in the right — but who really has jurisdiction here? New Mexico, New Rules A state directive calls for all New Mexico businesses to suspend operations for 14 days if four or more employees test positive for the coronavirus within two weeks....

November 11, 2022 · 3 min · 504 words · Margaret Mcclanahan

New Study Cites Source Of Wrongful Convictions It S Not What You Think But How

Most people don’t like to be wrong. That’s why we tend to seek out and read new information in a way that reinforces our previously held beliefs, and we disregard evidence that our beliefs are mistaken or wrong. This phenomenon is known as confirmation bias. At best, it can keep us from learning new things or changing our minds. At worst, it can have catastrophic consequences for ourselves and others....

November 11, 2022 · 2 min · 398 words · Shelly Wagner

Ninth Circuit Saves Distracted Workers From Federal Prosecution

The Ninth Circuit Court of Appeals dismissed a federal hacking charge against a California man on Tuesday, finding that the Computer Fraud and Abuse Act (CFAA), which outlaws computer use that “exceeds authorized access,” was inapplicable to the case. The government indicted Nosal on 20 counts for his role in the data acquisition, including trade secret theft, mail fraud, conspiracy and violations of the CFAA, The Wall Street Journal reports. A district court dismissed the CFAA charge in an interlocutory appeal, and the Ninth Circuit Court of Appeals affirmed that decision....

November 11, 2022 · 2 min · 409 words · Heriberto Hudson

Ruling Against Wal Mart In Discrimination Class Action Plus Agriculture Judgment Renewal And Ip Matters

Dukes v. Wal-Mart Stores, Inc., No. 04-16688, involved a Title VII action alleging discrimination against female employees by Wal-Mart. The Ninth Circuit affirmed the district court’s certification of a Fed. R. Civ. P. 23(b)(2) class of current employees with respect to their claims for injunctive relief, declaratory relief, and back pay, holding that 1) it was within the district court’s discretion, and in line with Falcon, to determine that the commonality prerequisite to class certification was satisfied; 2) decentralized, subjective decision making could contribute to a common question of fact regarding the existence of discrimination; and 3) because the discrimination they claimed to have suffered occurred through alleged common practice –e....

November 11, 2022 · 3 min · 584 words · Jennifer Watts

Seventh Circuit U Of Illinois Foia Case A State Court Issue

The Chicago Tribune published an exposé series in 2009 called “Clout Goes to College.” In those articles, the Tribune reported that the University of Illinois had a special process for reviewing the applications of persons with well-placed supporters. Many applicants considered through this process were admitted even though they would not have been under the University’s normal criteria. The story, however, is incomplete. The Tribune still wants more information about the students who received preferential treatment....

November 11, 2022 · 2 min · 426 words · Ernesto Lehman

Showdown Sixth Circuit Oks New Cigarette Warning Label

The Sixth Circuit Court of Appeals ruled today that the new, graphic cigarette warning labels do not violate tobacco companies’ free speech rights, reports Politico. In a lengthy opinion, the court affirmed the Family Smoking Prevention and Tobacco Control Act’s restrictions on the marketing of modified-risk tobacco products and bans on event sponsorship, branding non-tobacco merchandise, and free sampling, as well as the requirement that tobacco manufacturers reserve significant packaging space for textual health warnings....

November 11, 2022 · 2 min · 378 words · Edwin Nieves

Sidney Powell Puts The Kraken Back In The Wherever You Keep A Kraken

You know what they say, once the Kraken has been unleashed….you can definitely just quietly put it back. Attorney Sidney Powell has voluntarily withdrawn the elaborate lawsuit alleging that Georgia’s election was rigged in favor of President Joe Biden - a legal effort dubbed “the Kraken” by Powell during an appearance on Fox Business. In November, Powell claimed former President Trump’s legal team had a mountain of evidence that would overturn election results in several states....

November 11, 2022 · 2 min · 386 words · Alina Himes

Study Finds Secrets Hidden In Justices Vocal Pitch

According to a new study, you can tell when judges are likely to rule against you by the pitch in their voices. The higher the pitch, the higher the chances you are going to lose. It has something to do with the emotions signaled through the vocal chords. It makes sense when you consider people often raise their voices when they are irritated. But what if the judges don’t say anything?...

November 11, 2022 · 2 min · 359 words · Marie Drake

Supreme Court Makes A Dam Decision

Temporary flooding can be a taking. And the government can be forced to compensate for it. That’s the word from the Supreme Court, which ruled in an 8-0 decision that there’s no reason for courts to differentiate flooding from the “myriad other instances of government occupation or invasion of property.” The case arose from a dispute between the Arkansas Game and Fish Commission and the Army Corps of Engineers. The Commission owns and operates 23,000 acres of forest and recreational land located approximately 115 miles downstream from Clearwater Dam in Missouri....

November 11, 2022 · 3 min · 521 words · Kevin Galindo

University Of Michigan Continues Defense Of Sexual Misconduct Policy Despite The Cost

As universities and colleges across the country struggle to find the balance between believing victims and allowing for due process, the dispute over how the University of Michigan handles reports of sexual assault soldiers on. By the end of last month, the University of Michigan had spent $1.6 million defending its policy - a move the plaintiff’s counsel has called “tremendously arrogant.” Both sides claim the other is to blame for the suit dragging on, but no matter how it ends, it is likely to impact other universities and colleges across the country....

November 11, 2022 · 2 min · 410 words · Charles Fisher

Us V Hasan No 08 4921

Defendant’s conviction and sentence for making a false statement on a passport application is affirmed where: 1) 18 U.S.C. section 1542 does not require that the false statement on a passport application be “material”; and 2) the district court did not err in imposing an enhancement for obstruction of justice where defendant’s abduction of his children prevented proper legal proceedings from occurring by taking matters completely outside the purview of the administration of justice....

November 11, 2022 · 1 min · 160 words · Sylvia Reed

Us V Romero Padilla No 08 1817

Defendant’s drug conspiracy conviction is affirmed where a conviction under 21 U.S.C. section 959(a) requires proof beyond a reasonable doubt that a defendant actually knew or intended that a substance manufactured or distributed in violation of that section would be unlawfully imported into the U.S., and the government met this burden. Read US v. Romero-Padilla, No. 08-1817 Appellate Information Argued: September 1, 2009 Decided: October 7, 2009 Judges Per Curiam...

November 11, 2022 · 1 min · 144 words · David Comeau

Us V Trogdon No 08 2858

Conviction for drug crimes is affirmed where: 1) the district court did not err in admitting tape recordings into evidence as the recordings were audible enough to provide the jury with the gist of the conversations, and the inaudible portions were not so pervasive as to render the recordings untrustworthy as a whole; 2) the court did not abuse its discretion in admitting evidence of defendant’s prior drug conviction, as the convictions were admissible under Rule 404(b) since they were relevant to defendant’s intent and knowledge and involved a similar offense; and 3) the evidence was sufficient to sustain the conviction....

November 11, 2022 · 1 min · 179 words · Kara Dupree

Widower S Anti Terrorism Act 9 11 Lawsuit Can Proceed

The Second Circuit Court of Appeals ruled today that a widower could move forward with limited discovery in his 9/11 lawsuit alleging Afghanistan’s involvement in the September 11 attacks. Plaintiff-Appellee John Doe, whose wife died in the al-Qaeda attacks, filed suit in 2002 against Osama Bin Laden and Afghanistan. Doe’s complaint alleged assault and battery, false imprisonment, intentional infliction of emotional distress, conspiracy, wrongful death and violation of the Anti-Terrorism Act....

November 11, 2022 · 2 min · 349 words · Michael Woodson