Unfitness to plead law and the fallacy of a fair trial

Cognitive disability is not well accommodated in criminal justice systems. Yet, people with cognitive disability are overrepresented in these systems. Unfitness to plead law is one legal mechanism that is purported to assist when a person with cognitive disability is charged with a crime. The aim of such laws is claimed to be to prevent an individual with cognitive disability to have to engage in a trial process. It has been said that unfitness to plead law exists in an effort to ensure the righ...
Tags: Books, Featured, Human Rights, Law, Australia, Journals, University of Melbourne, UN Committee, Marlon, Oxford Journals, Pixabay, HRLR, Human Rights Law Review, Anna Arstein Kerslake, Cognitive disability, Fair Trial

AI Patent Quality

Ji-Yong (David) Chung is a partner at Snyder, Clark, Lesch & Chung. [email protected]
Tags: Law, Patent, Snyder, Ji Yong David Chung, Clark Lesch Chung David [email protected]

Okayed Ullah, "the nephew of an American citizen... benefited from what the officials called 'extended family chain migration.'"

That's the stark photograph at the NYT. It has the notation "The photograph was provided by a city employee." I guess the city employee doesn't want a photo credit, perhaps because he was violating rules by taking that picture and/or sharing it with the press.The NYT article — "Suspect in Times Square Bombing Leaves Trail of Mystery" — tells us that Ullah lived in the Flatlands neighborhood in Brooklyn, next door to a guy named Alan Butrico, who had a problem with him: "He used to block the driv...
Tags: Europe, Isis, Law, Immigration, Christmas, Syria, Brooklyn, United States, Terrorism, Manhattan, Christian, Flatlands, Ann Althouse, Ullah, Akayed Ullah, Alan Butrico

At the Sleeping-Dogs-Lie Café...

... you can lie all you want or rouse yourself and tell the truth. And you can shop at Amazon, using this special link, if you've got some shopping to do. If you're looking for a video to stream, here's the movie Meade and I just watched (for only 99¢). It wasn't really a great documentary, but how could it be, made out of reels and reels of badly shot footage of a very long bus trip that was mostly happening inside the head of a bunch of people who were in no position to show or tell us what ...
Tags: Amazon, Photography, Movies, Law, Dogs, John Coltrane, Meade, Ken Kesey, Ann Althouse, Sleeping Dogs Lie Café

Tuesday round-up

Yesterday the court issued additional orders from its December 8 conference; the justices did not add any cases to their docket, and they declined to review a case asking whether federal law prohibits employment discrimination on the basis of sexual orientation. Amy Howe has this blog’s coverage, which first appeared at Howe on the Court. Additional coverage of the cert denial in Evans v. Georgia Regional Hospital comes from Greg Stohr at Bloomberg, Andrew Chung at Reuters, Adam Liptak for , Ri...
Tags: Usa, Maryland, Supreme Court, Law, Colorado, California, Washington Post, Court, Bloomberg, Wisconsin, Evans, California Supreme Court, Los Angeles Times, Trump, Round-up, Reuters

No new grants today

After adding seven new cases to their merits docket on Friday, the justices issued additional orders from last week’s conference. They did not add any more new cases to their docket, but they did deny review in a high-profile case in which they had been asked to decide whether a federal civil rights law barring employment discrimination “because of … sex” applies to discrimination based on sexual orientation. The question arose in the case of Jameka Evans, who left her job as a security officer ...
Tags: Featured, Supreme Court, Law, Georgia, Arizona, Evans, Neal Katyal, Howe, U S Court of Appeals, Stephen Breyer, Hidalgo, 11th Circuit, What's Happening Now, Jameka Evans, Abel Hidalgo

Once Shunned, Regulated Industries Now a Lure for Some Investors

When Alex Niehenke started his business career at an investment bank in 2005 as an advisor to Internet companies, there was one strongly held consensus among investors. “You just didn’t touch regulated industries,” says Niehenke, who was recently promoted to partner at Silicon Valley venture capital firm Scale Venture Partners. Investors didn’t want the risks and the burdens. A dozen years later, his investment thesis is a complete turnaround. He says some of the best prospects are startu...
Tags: Google, Amazon, Deals, Startups, Mobile, Lyft, Uber, Real Estate, Yahoo, Internet, Entrepreneurship, Ebay, Funding, San Francisco, Trends, Insurance

Symposium: Ensuring accurate information for patients does not violate the First Amendment

Erwin Chemerinsky is Dean and Jesse H. Choper Distinguished Professor of Law at the University of California, Berkeley School of Law. Merely requiring clinics to post a notice informing women of the availability of free or low-cost reproductive health care services does not violate the First Amendment. In many different ways, health-care professionals are already required by law to provide information to patients so they can make informed choices. The California statute at issue in National Inst...
Tags: Featured, Supreme Court, Law, California, Oregon, Fda, Smith, Antonin Scalia, 9th Circuit, The Supreme Court, U S Court of Appeals, Dean, Burwell, Erwin Chemerinsky, Employment Division, Becerra

SNCR fake news study: high stakes for marketers in survey findings

Neville Hobson SNCR fake news study: high stakes for marketers in survey findings You can summarise what marketers think about fake news with this – they are ambivalent about what ought to change, and are reluctant to alter their own business practices. That’s a key finding from the results of an online survey-based research study carried out between August-November 2017 by The Society for New Communications Research of The Conference Board (SNCR). Led by SNCR Fellow Jeff Pundyk, a former Seni...
Tags: Business, Technology, Trust, Advertising, Marketing, Trends, Social Media, Communication, Public Relations, Society, Blogging, Web, Reputation, Mainstream Media, Neville Hobson, Conference Board

Child molester Roy Moore said he wants to repeal all Constitutional amendments after the first ten, which would revive slavery and end votes for women and black people

Roy Moore, who has been thoroughly endorsed by Donald Trump, said in 2011 that the US government would "solve many problems" by ridding itself of every Constitutional amendment after the first ten -- a list that included the 13th Amendment (which ended slavery), the 14th (which gave citizenship to former enslaved people); the 15th (which gave the vote to black men) and the 19th (which extended voting to women). (more…)
Tags: Post, Gender, News, Law, Race, US, Alabama, Gop, Donald Trump, Trumpism, Roy Moore, Grand Old Pedophiles, Party Like It's 1781

Justices take on First Amendment challenge to state abortion disclosure laws: In Plain English

In 2015, California lawmakers enacted the Reproductive Freedom, Accountability, Comprehensive Care, and Transparency Act. The law, known as the Reproductive FACT Act, responded to concerns that crisis pregnancy centers – nonprofit organizations, often affiliated with Christian groups, that are opposed to abortion – were posing as full-service reproductive health clinics and providing pregnant women with inaccurate or misleading information about their options. The act imposes two different sets ...
Tags: Featured, Supreme Court, Law, Colorado, California, Mark Joseph Stern, Howe, U S Court of Appeals, Dahlia Lithwick, Alliance Defending Freedom, Burwell, Zubik, Merits Cases, Plain English / Cases Made Simple, Colorado Civil Rights Commission, Masterpiece Cakeshop

Staff Sgt. John Wayne Walding to Speak at 2018 DSC Convention

Staff Sgt. John Wayne Walding DALLAS, Texas -( Staff Sgt. John Wayne Walding will share his incredible story of perseverance as the 2018 Life Member Breakfast Speaker.A Green Beret, Silver Star Medal Recipient and owner of 5 Toes Custom Guns, this Texas native has continued to serve his country despite facing major injury.Join Staff Sgt. John Wayne Walding and fellow life members at the Life Member Breakfast from 8 a.m. to 10 a.m. on Saturday, Jan. 6. Not a life member? Upgrade t...
Tags: Texas, Guns, Turkey, Hunting, Dsc, Omni Hotel, Downtown Dallas, Kay Bailey Hutchison, WYLIE Texas, Shooting Industry News, Dallas Safari Club, John Wayne Walding, DSC Foundation, Craig Boddington, Omni Hotel Dallas, Kylie Rae Harris

Monday’s Mix

Each Monday we present brief excerpts of recent posts from five of Canada’s award­-winning legal blogs chosen at random* from more than 80 recent Clawbie winners. In this way we hope to promote their work, with their permission, to as wide an audience as possible. This week the randomly selected blogs are 1. Risk Management & Crisis Response  2. Canadian Combat Sports Law Blog 3. Vancouver Immigration Law Blog 4. Canadian Securities Law 5. NSRLP Risk Management & Crisis Response The long arm o...
Tags: Law, Canada, Ontario, DPA, Silva, Mayweather, US Department of Justice DOJ, Telia, Monday’s Mix, Securities Administrators CSA, Telia Co AB, US District Court D Oregon Portland Division, J J Sports Productions Inc, Securities Law Canadian Securities Regulators, Howard Goldblatt, Ontario Law Society

I was drawn in by the creepy close-up and started reading before "Cat Person" became an internet phenomenon.

See? You can't look away. The shape of his mouth. The prickly growths. It's the same can't look away that's luring you out to see "The Shape of Water"....Women... and the creepy monsters they feel compelled to have sex with...."Cat Person" is just a New Yorker short story. I get The New Yorker every week and almost never read the short stories, but I started "Cat Person" (by Kristen Roupenian), and I'm certain the photograph (by Elinor Carucci) made me do it. But I only got 7 paragraphs into it ...
Tags: Movies, Law, Sex, Relationships, Reading, Kissing, Monsters, The New Yorker, Robert, Margot, Elinor Carucci, Ann Althouse, Kristen Roupenian, Laura Adamczyk

German VW exec is going to US prison for seven years for his role in Dieselgate

Oliver Schmidt, the general manager of Volkswagen's Michigan environmental and engineering office, is going to jail for his role in Dieselgate, the company's criminal conspiracy to trick regulators about the emissions from their diesel cars, allowing them to emit lethal levels of NOx on roads all over the world. (more…)
Tags: Post, Business, Crime, News, Law, Germany, US, Automotive, Vw, Michigan, Volkswagen, Dieselgate, Oliver Schmidt

Prisons, Hip-Hop Icons, and Being Out at Work

ABA Journal Modern Law Library: Georgetown Law Prof Calls for Complete Re-imagining of Criminal Justice System in Chokehold Host Lee Rawles talks to Paul Butler, a former federal prosecutor in Washington, D.C. and author of Chokehold: Policing Black Men. Butler once put people in prison, but now believes prisons should be abolished. Rawles and Butler also discuss the racial inequities built into the prison system, Butler’s advice for young black men interacting with police, and his thoug...
Tags: Law, Washington, Lifestyle, Brooklyn, Regina Hall, Queen Latifah, Jessica Williams, Nancy, Aba, Jada Pinkett Smith, Jessica, Butler, Paul Butler, Legal Industry, Rawles, 2 Dope Queens

Construction Law Musings Turns 9!

Happy Birthday (Photo credit: Wikipedia) It was 9 years ago today that I announced the creation of Construction Law Musings with two lines, no picture and some vague idea that I wanted to share my thoughts and insights into Virginia construction law.  Back in 2008, Musings was on the Blogger platform, my kids were much younger (they’re now a junior at WVU, a freshman at Appalachian State University, and a freshman in high school!), and I had yet to start my solo construction practice.  Needle...
Tags: Law, Wikipedia, Virginia, Guest Post, WVU, Construction, Announcements, Attorney, Appalachian State University, Richmond VA, Hill House, Construction Law, Virginia Construction Lawyer, Virginia Construction Mediator, Mechanic's Lien, Construction Law Musings

Poland's Sunday shopping ban: More cronyism than Catholicism

Poland's Sunday shopping ban: More cronyism than Catholicism On November 24, the lower house of the Polish parliament, the Sejm, passed a bill that will gradually phase out Sunday shopping resulting in an almost-complete ban in 2020. The bill was passed with the votes of ruling Law and Justice Party and a majority of Kukiz ‘15 movement MPs, despite previous warnings issued by many Polish free-market think tanks for more than a year. The bill is promoted as...
Tags: Justice, Law, Senate, Religion, Hungary, Poland, Catholic, Solidarity, Andrzej Duda, Ben, Justice Party, CC BY SA, Wei, Sejm, Labor Market, Warsaw Enterprise Institute

Altered Carbon Teaser Trailer Shows Cyberpunk Future

Altered Carbon teaser trailer shows cyberpunk future Netflix has debuted a new teaser trailer for Altered Carbon, their upcoming 10-episode TV adaptation of Richard Morgan’s 2002 cyberpunk novel. Check out the Altered Carbon teaser trailer below, and tune in when the show launches Friday, February 2 on Netflix! RELATED: Netflix Reveals Altered Carbon Teaser and Premiere Date Consciousness can be digitized, human bodies are interchangeable and death is no longer permanent… Altered Carbon is an...
Tags: TV, Movies, Society, Netflix, TV News, Streaming, Altered Carbon, Richard Morgan, Skydance Television, Kovacs, Bancroft, Leonard, Joel Kinnaman, TV Premiere Dates, Netflix Original Series, James Purefoy

Baby, It's Cold Outside

When the weather outside is frightful, you will be glad you grabbed some Rothco Gear to keep you warm. Rothco's latest updated digital catalog features 30 pages of our most essential cold weather gear from Fishtail Parkas and Field Jackets to ECWCS Underwear  and Thermal Underwear .   Subscribe to the Camobloge [Author: Rothco NY]
Tags: Military, Thermal, Cold Weather, Jackets, Rothco, Outerwear, Parka, Rothco NY, Flight Jacket, Rothco Gear, Field Jacket, Cold Weather Gear, Cold Weather Clothing, ECWCS, Fishtail Parkas

Symposium: If Justice Kennedy thought Colorado was “neither tolerant nor respectful” of a baker’s religious beliefs, how will he feel about California’s attack on pro-life pregnancy centers?

John J. Bursch is the founder of Bursch Law PLLC, a Michigan-based appellate boutique. He submitted an in support of the crisis pregnancy centers’ cert petition in National Institute of Family and Life Advocates v. Becerra. The Supreme Court is taking an unusually hard look at government-compelled speech this term. The recent oral argument in Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission was our first window into what the justices are thinking, and how they might view National...
Tags: Featured, Supreme Court, Law, Colorado, California, New Hampshire, Michigan, Kennedy, State, Phillips, Anthony Kennedy, National Abortion Federation, West Virginia Board of Education, Maynard, Barnette, Jack Phillips

At the Bike-Shadow Café...

... you can talk about whatever you want. And remember, if you've got to do some shopping, to go into Amazon through The Althouse Portal. [Author: [email protected] (Ann Althouse)]
Tags: Amazon, Photography, Law, Biking, Cafe, Ann Althouse

Monday round-up

The Supreme Court added seven cases to its docket on Friday, including the second partisan-gerrymandering case of the term, Benisek v. Lamone, a challenge by Republican voters to a congressional district in Maryland. Amy Howe covers the grants for this blog; her coverage was first published at Howe on the Court. Additional coverage comes from Robert Barnes for The Washington Post, Adam Liptak for , and Jess Bravin for The Wall Street Journal, who reports that “[b]y taking the Maryland case, the...
Tags: Maryland, Supreme Court, Law, Congress, Colorado, Washington Post, Virginia, Politico, Court, New York Times, Fox News, Usa Today, Wall Street Journal, Round-up, Cato, Cato Institute

To Build Public Support for Access to Civil Justice We Have to Let the Public Know That Access to Justice Is for Them Too

The results of two recent studies in the U.S. have used public opinion data to suggest that increasing public support for access to civil justice is a promising way to increase government funding.[1] The argument is that if the civil legal aid system[2] is viewed by the middle class as a program that could benefit them if they encounter trouble, rather than being only for the poor, a wider segment of the public will have a stake in access to justice and they will support higher levels of public ...
Tags: Law, Washington, Canada, William Gibson, British Columbia, Ontario, U S Department of Justice, National Public Radio, Gibson, Kresge Foundation, United States Department of Justice, Justice Issues, Action Committee on Access to Justice, Lisa Moore, CFCJ, Cost of Justice

Access to Justice Levies for Lawyers: Putting Our Money Where Our Mouths Are

Tyrell Moodie, accused of drug offences and facing several years in prison, was denied a Legal Aid Ontario certificate because his income of $16,211 per year exceeded the cut-off threshold. In Manitoba this summer, refugees faced an 11-year wait list for legal aid funding. Self-represented litigants are now the majority in many family courts, mostly because people cannot the legal assistance that they would love to have, and legal aid won’t pay for it. Every media story about a legal aid short...
Tags: Law, Canada, Legal Ethics, Ontario, Manitoba, Fraser Institute, Tyrell Moodie

Petition of the day

The petition of the day is: Teva Pharmaceuticals USA, Inc. v. Wendell 17-747 Issues: (1) Whether the two-part standard of reviewing expert-admissibility rulings employed by the U.S. Court of Appeals for the 9th Circuit, along with the U.S. Courts of Appeals for the 3rd and 7th Circuits, improperly empowers these courts to reverse district court decisions to exclude evidence without “the deference that is the hallmark of abuse-of-discretion review”; and (2) whether an expert’s qualification...
Tags: Law, 9th Circuit, U S Court of Appeals, Teva Pharmaceuticals USA Inc, Wendell, Cases in the Pipeline, U S Courts of Appeals

Aging... at the NYT.

Screen shot from an inner page at the NYT — "Things I’ll Do Differently When I’m Old" — with the comments open and showing the highest-rated comment at the top (click to enlarge): [Author: [email protected] (Ann Althouse)]
Tags: Law, Aging, Nyt, Ageism, Ann Althouse, Partisanship

4 Types of Access-to-Justice Donations You Should Make This Year (That Aren’t Just Donating to Other Lawyers)

If you’ve got some extra money set aside for end-of-year charity donations, you should consider donating some money to organizations that can help increase access to justice. While there are plenty of legal organizations you could choose (including, of course, great places like Legal Services Corporation and the National Immigration Law Center), there are also ways you can help that don’t just involve donating to other lawyers. Access to justice is complex and needs to be tackled on multiple fro...
Tags: Law, Washington, Charities, Michael Brown, Oklahoma, Donations, Tampa, Oklahoma City, National Immigration Law Center, Hennepin County, Ferguson Public Library, Access to justice, Legal Services Corporation, Legal Industry, Howard County Maryland, Hennepin County Library

Bill Alteration Draws Suspension

The Georgia Supreme Court imposed a two-year suspension on these findings The evidence presented in this case is significant and conflicting, but the following appears to be undisputed. A member of the Georgia Bar since 1983, Meyers was at all... [Author: Legal Profession Prof]
Tags: Bar Discipline & Process, Legal Profession Prof

Will any state really start conducting executions with opioids?

The question in the title of this post is prompted by this lengthy Washington Post article, headlined "States to try new ways of executing prisoners. Their latest idea? Opioids." Here is how it gets started: The synthetic painkiller fentanyl has been the driving force behind the nation’s opioid epidemic, killing tens of thousands of Americans last year in overdoses. Now two states want to use the drug’s powerful properties for a new purpose: to execute prisoners on death row. As Nevada and Nebr...
Tags: Post, Mississippi, Law, Washington Post, Nebraska, Nevada, Oklahoma, Amherst College, Fordham University, Nevada Department of Corrections, Florida Ohio, Douglas A Berman, Kent Scheidegger, Criminal Justice Legal Foundation, Austin Sarat, Brooke Keast