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23 Nov 8:32 pm
An agreement between the U.S. and China to curb greenhouse-gas emissions won’t slow global warming enough to prevent extreme weather that damages crops, World Bank Group President Jim Yong Kim said. (Bloomberg) I’ve been avoiding the topic of the climate deal for a variety of reasons, but mostly because of my innate cynicism. But isn’t any deal a good thing? Yes, I suppose. And isn’t the scope of this particular deal better than a lot of folks expected? Again, yes. And yet . . . Let me make this simple. I won’t bother with any of the… [read post]
23 Nov 8:24 pm
The vast majority--far more that 90%--of civil cases are never going to trial. They are mostly going to be resolved by default, or by motion, or by negotiated settlement. And if by settlement, that will happen between the parties themselves or with the court's assistance or by mediation. It's true that a lot of cases can be settled by raising the specter of trial as an unappealing alternative, but that specter is not going to materialize in most cases anyway, because eventually most parties in most cases are going to find a way to avoid trial. They have to, because the courts don't… [read post]
23 Nov 8:20 pm
"Antares is a developer of automatic injection devices used to self-administer pharmaceuticals." It got a patent (7,776,015) that it wanted broadened under reissue (35 U.S.C. § 251), as it had not bothered to file a continuation. Owing to prosecutorial and patent office incompetence, the reissue claims went to a different invention. Asserted in litigation, the CAFC caught the reissue error (district court Judge Sue L. Robinson did not) and pitched the patent (CAFC 2014-1648). [read post]
23 Nov 8:18 pm
1404 Phoenix Zoo-59 by Devon Christopher Adams from Flickr (Used with Permission – Devon & I have a standing agreement about using his work.) My friend and amazing photographer Devon Christopher Adams tipped me off about Yahoo’s announcement that people can buy Flickr Wall Art of Creative Commons images from Flickr . If Yahoo does this right, it’s a brilliant business move. If they do it wrong, I hate them. When a photographer posts their images on Flickr, they can designate whether they are restricting all copyright rights (“all rights reserved” aka… [read post]
23 Nov 8:16 pm
STEPHEN MILLER: Memo To Reince: Enough is Enough. Boycott NBC and ABC. “ABC and NBC have instituted a three-week blackout — on network broadcasts, websites and social media pages — of the devastating admissions of MIT economist Jonathan Gruber. The ACA architect repeatedly boasted of deceiving the American public about legislation that cost six million people their family doctor. This should be the final straw in any relationship the GOP and RNC leadership has with these networks, period. No more debates, no more appearances on ‘Meet The Press,’… [read post]
23 Nov 8:11 pm
                         On November 5, 2014, the U.S. Supreme Court heard oral arguments for Yates v. United States that focused on this seemingly absurd question, and the outcome could impact much more than fish. The statute at issue was passed as part of the Sarbanes-Oxley Act. The Act provides a ban on paper shredding, and was passed in response to Enron executives’ alleged destruction of documents to hide evidence. The Supreme Court’s decision in Yates could impact the handling of… [read post]
23 Nov 8:07 pm
Verstata asserted software patents against rival Callidus, which counterclaimed with its own patents. Callidus filed limited reexamination proceedings against the Verstata patents, and asked the court for a stay pending reexam. The district court denied the stay. The CAFC reversed that. Versata Software v. Callidus Software (CAFC 2014-1468) precedential; Judges Chen (author), Mayer and Linn Section 18(b) [of the law (AIA = American Invents Act)] identifies four factors that a district court should consider when deciding whether to grant a stay: (A) whether a stay,… [read post]
23 Nov 8:04 pm
When we asked a couple of months ago whether the Cannabis Co-operative Credit Unions that have been authorized by Colorado law were "dead on arrival," we thought that the answer was "yes." Yet, there appears to be a beating heart and hopeful heart in this body, inasmuch as the State of Colorado recently granted the first such charter. There  are a couple of catches, however. First, the NCUA still has to grant deposit insurance, which may be a couple of years away (although Colorado law allows the co-op to open its doors as long as it has "applied" for NCUA insurance). The second… [read post]
23 Nov 8:03 pm
TEACH WOMEN NOT TO LIE ABOUT RAPE: Man in Prison 19 Years Freed After Claim Recanted. A man who had been in prison for nearly two decades was released from custody Thursday, two years after his supposed victim recanted allegations that he molested her. Jerry Lee Brock, 55, had been in prison since his conviction for first-degree molestation in 1995. In 2012, the alleged victim, Regina Rush, came forward to say she made the whole thing up, partly as a way to get more attention from her mother. Good grief. [read post]
23 Nov 8:00 pm
AT AMAZON, TV Deal Of The Week: Up To 57% off Homeland On DVD & Blu-Ray. Plus, Black Friday Deals in Camera, Photo & Video. [read post]
23 Nov 7:59 pm
             “A ride whenever you need one,” boasts the corporate tagline of San Francisco-based company Lyft.[1]  Founded in 2012, Lyft is a relatively recent addition to the growing “ridesharing” industry.[2]  Its competitors such as UberX, Sidecar, Summon, and Wingz have altered the urban transportation market by allowing smartphone users to summon a car, track the driver’s arrival, and pay for a ride, all at the touch of a virtual button.[3]  The concept is genius and has gained… [read post]
23 Nov 7:55 pm
With seemingly increasing frequency, news reports reveal data breaches involving personal data stored on commercial data servers.  In some cases, the victims intentionally stored the data on the servers, while in others it was not the victims who stored the data, but a commercial entity, storing information about their customers.  Whether or not users or the company uploaded the data kept on company servers, who holds the responsibility for keeping the data safe? One of the more recent newsworthy breaches involved cloud storage: the recent celebrity nude photo hack against… [read post]
23 Nov 7:54 pm
The top story in the Supreme People’s Court Wechat Feed of 23 November–how China should reform the use of the death penalty. Over the weekend, a conference was held by China’s Academy of Social Sciences on the death penalty, which brought in the Supreme People’s Court, Supreme People’s Procuratorate, and other government departments, as well as experts from Tsinghua University, China University of Political Sciences and Law, and others. Hu Yunteng,Vice President of the Court  said that death penalty reform needs to focus on how to use legislative and… [read post]
23 Nov 7:52 pm
 (Zhi--ten eyes--modern form)Over the last century national societies have been engulfed in a great debate about the acceptability of surveillance as part of the basic framework of governmental operation.  Part of the framework for this debate centers on the cultural consequences of the meaning of words.  Our political and policy arguments are always complicated by the cultural meaning of words, of the force with which words are embedded in cultural assumptions about "right," "wrong," "good", evil" and the character of the people to which these definitions… [read post]
23 Nov 7:48 pm
MY USA TODAY COLUMN: Asians Get The Ivy League’s Jewish Treatment. [read post]
23 Nov 7:44 pm
  It’s finally here: Tincher v. Omega Flex, the Pennsylvania Supreme Court’s overhaul of strict liability. If you’re unfamiliar with the recent turbulence surrounding strict liability, check out this post of mine from July 2012, which will take you all the way from Webb v. Zern, 220 A.2d 853, 854 (1966) to Beard v. Johnson & Johnson, Inc., 41 A.3d 823 (Pa. 2012). Tincher is a foundational opinion, one that resets the landscape of strict liability and puts it on a more secure and coherent framework for the future.   The 137-page majority opinion written… [read post]
23 Nov 7:42 pm
Wrigley Field has been the home of the Chicago Cubs since 1914 and is the second oldest ballpark in Major League Baseball[1]. The iconic venue has remained largely unchanged throughout the past century, and only recently has Cubs ownership declared a substantial renovation a necessity. The Cubs have not won a World Series since 1908 and the Ricketts family, who took over ownership of the team in 2009, view an out of date ballpark as a serious impediment to fielding a winning team. The Rickettes have proposed a privately funded $575 million renovation to Wrigley Field.[2] The renovation… [read post]
23 Nov 7:40 pm
HOPEY-CHANGEY: Despite highest poverty numbers in 50 years, Obama okays illegals to compete for jobs in US. [read post]
23 Nov 7:40 pm
Saturday Night Live updates a Schoolhouse Rock civics classic. [read post]
23 Nov 7:34 pm
Last week I was privileged to participate in a conference in New Mexico on the judiciary. The debates and assigned readings focused especially on judicial elections (a new issue-area for me). There, I learned that a little historical context can radically change the aspect of many current debates about the choice between an elected or appointed judiciary (and the many variants in between, including systems of merit selection and appointment with retention election). “Judicial independence” is the rallying cry today for those who want to eliminate or at least tame judicial elections… [read post]