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A few months ago, a federal judge in California tossed a lawsuit by the family of a terror victim, finding Twitter isn't liable for ISIS rhetoric.
Yesterday, the families of some of those who died in European attacks for which ISIS has taken credit filed a 90 page lawsuit against Twitter. It's case No. 17-cv-00122-PAC in the Southern District of New York. The plaintiffs are Cain and Gonzalez.
I'm still reading the Complaint, which begins with a detailed history of al Zarqawi and continues through the formation of the first iteration of ISIS and subsequent changes. It has imported photos into the document, such as the photo of Nick Berg as he was about to be killed by presumably Zarqawi and others, and the photo of the first flag of ISIS.
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Rudy Giuliani joined a new law firm, along with former AUSA Mark Mukasey (son of former AG Michael Mukasey.) They are going to head up a new cyber-security section of the firm. They are leaving a law firm in Texas to do so.
Their remarks in this interview are flat-out laughable, from those about El Chapo to South Florida to Rudy's travel schedule. Some quotes: [More...]
Miami-founded global law firm Greenberg Traurig LLP announced Tuesday that Giuliani and Mukasey were joining the firm as global chair of the firm’s Cybersecurity and Crisis Management Practice and senior advisor to the firm’s executive chairman, and global co-chair of the firm’s White Collar Defense Practice, respectively.
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It's wrong imo and the logic imperils the entire trademark registration system as well as the prohibition against disparaging commercial speech (see Trademark Dilution Act for example.) Federal Circuit has just created a huge mess.
My earlier post on the subject here.
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Unlike J, I believe the Supreme Court has grossly misread the Second Amendment and strongly favor restricting gun possession to law enforcement only. There is no individual right to possess a gun.
Discuss your views here.
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On December 29, 2009, President Obama issued Executive Order 13526. In the preamble, this EO is described as:
Our democratic principles require that the American people be informed of the activities of their Government. Also, our Nation's progress depends on the free flow of information both within the Government and to the American people. Nevertheless, throughout our history, the national defense has required that certain information be maintained in confidence in order to protect our citizens, our democratic institutions, our homeland security, and our interactions with foreign nations. Protecting information critical to our Nation's security and demonstrating our commitment to open Government through accurate and accountable application of classification standards and routine, secure, and effective declassification are equally important priorities.
Is the Intelligence Community (IC) acting consistently with the principles of this Executive Order? We have many reasons to doubt it. The Hillary Clinton e-mail brouhaha is a great illustration of this. Richard Lempert, a fellow at Brookings and a former DHS official, writes:
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Section 1311 of the Affordable Care Act (PDF) ("Obamacare") provides, in part, as follows:
Each State shall, not later than January 1, 2014, establish an American Health Benefit Exchange (referred to in this title as an ‘‘Exchange’’) for the State [. . . .]
Read literally and in isolation, this provision requires states to establish "exchanges." There is no escape clause provided in Section 1311. However, such a provision would violate the rule established in Printz v. United States, in which Justice Scalia, writing for the court, stated that "the forced participation of the States' executive in the actual administration of a federal program" violates the Constitution's federalism provisions.
More on the flip.
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ESPN Washington Football Team Reporter John Keim writes about the Redskins trademark dispute:
Stay out, government: I agree with this take from The Washington Post’s Sally Jenkins. If the Redskins are going to change their name, let it come from societal pressure and not from congressional action. She made it clear that she’s in favor of a name change, but also wrote: “You don’t really want government agencies to become the arbiter of acceptable words and images. You really don’t. The main reason you don’t is because, like it or not, what’s offensive is subjective.” Totally agree. This isn’t as much about them needing to take care of other issues as it is about that slippery slope. I'm not a fan of slippery slopes. [Emphasis supplied.]
This is in the best uninformed Tea Party tradition (though Kleim clearly is not a Tea Partier, he supports a name change) - a sort of "Keep The Government's Hands Off My Medicare." Did the government go out of its way to get involved in the controversy? Of course not. I'll explain on the flip.
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A federal class action lawsuit has been filed in San Francisco against the NFL by former players. Shorter version: The NFL sacrificed player health for its own profit by excessively administering pain medications and not warning players of the dangers.
Rather than allowing players the opportunity to rest and heal, the NFL has illegally and unethically substituted pain medications for proper health care to keep the NFL’s tsunami of dollars flowing.
The Complaint is available here.
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The Colorado Supreme Court issued a new rule for lawyers today. Lawyers will be allowed to represent marijuana businesses, so long as the lawyers don't help clients break state law. Via the Denver Post:
The new rule gives lawyers the go-ahead to work with marijuana businesses — even though those businesses are breaking federal law — so long as the lawyers don't help businesses also break state law.
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Chris Christie's decision to block health insurance exchanges in New Jersey brings forward the percolating question regarding an IRS ruling (PDF) that the ACA tax credits will be available on federally run exchanges.
However, the standing issue seems even more clear cut - what is Oklahoma's injury here? Howe would they have standing? Indeed, no one seems injured at all. A discussion of the standing issue on the flip.
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Like bizarro Thurgood Marshall, the right wing has engaged in a litigation strategy to compel the placement of right wing zealots on university faculties. Case in point - the matter of Teresa Wagner and the University of Iowa Law School:
A federal jury believed the University of Iowa’s law school illegally denied a promotion to a conservative Republican because of her politics, former jurors told The Des Moines Register. However, jurors said they felt conflicted about holding a former dean personally responsible for the bias. They wanted to hold the school itself accountable, but federal law does not recognize political discrimination by institutions. “I will say that everyone in that jury room believed that she had been discriminated against,” said Davenport resident Carol Tracy, the jury forewoman. Meanwhile, attorneys for Teresa Wagner on Tuesday filed a motion for a new trial in the case that scholars agree could have national implications in what some argue is the liberally slanted world of academia.
It's an interesting argument, but anyone familiar with conservative views regarding employment discrimination claims, can't but feel a bit of schadenfreude about the fact that right wing jurisprudence is what blocks relief for Wagner here. It is not some amorphous rule that institutions can not be guilty of discrimination. That is just shoddy reporting. It is instead that "states rights" do not permit suits to be brought against public institutions deemed to be covered by "states rights."
Also ironic is that Supreme Court Justice Antonin Scalia, in Rutan, opined that discrimination in employment decisions by government on the basis of political viewpoint was permissible under the Constitition. More on this interesting subject later.
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The order from the federal district court in Texas (PDF). Discuss.
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A group of 8 translators/interpreters in San Diego have sued the Drug Enforcement Administration for administering polygraphs in violation of federal law. The interpreters' employer, Metropolitan, aka Metlang has also been sued.
The DEA contracted with Metlang to provide linguists/translators for its criminal cases. The suing translators worked for Metlang on DEA's wiretaps and criminal cases. They were all fired after either refusing the test or after DEA reported their polygraphs results as “failed,”or "inconclusive" to Metlang.
Under the Employee Polygraph Protection Act, 29 USC §§2001, a private employer is prohibited from requesting, requiring or demanding a polygraph test from an employee.
The polygraphs lasted four or five hours, and one woman was questioned about bestiality: [More...]
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12 agents of the Drug Enforcement Administration have filed a lawsuit against the Department of Justice, AG Eric Holder and others for discrimination.
[Their lawyer says] agents hired in the U.S. who come to Puerto Rico receive a bonus for working in a so-called high-intensity drug trafficking area, which Puerto Rican agents already on the island don't get. She says they also get more dangerous assignments because they have local experience that the U.S. agents lack.
Reading through the Complaint, available on PACER: the lawsuit claims National Origin Discrimination in federal employment practices; Disparate Treatment; and Equal Protection violations. It alleges the Justice Department has violated the Federal Workforce Flexibility Act of 2004. The agents, who are from Puerto Rico, claim they are not receiving the same benefits as "non-local hires" and receive 25% less pay.
The agents also claim they are being used as "cannon fodder" for the DEA, forced out of administrative positions and back onto the dangerous streets. [More...]
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Via the Denver Post: An interesting case in federal court in Colorado: The feds seize a computer pursuant to a search warrant. But when they try to access the data, it's encrypted. Can the court force the computer owner who is now a criminal defendant, to unlock the data?
Ramona Fricosu and her ex-husband Scott Whatcott are indicted for bank fraud arising from an alleged mortgage scam in Colorado Springs. The feds say the incriminating evidence is on the seized computer.
The Government is asking the Court, under the authority of the All Writs Act, to force Ms. Fricosu to unlock the data. [More...]
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