Law Fish News for 09-30-2018

Cruel and unusual? Perth court case to challenge validity of Ontario SPCA

Ontario’s animal protection laws are outdated, unconstitutional and violate the Charter of Rights and Freedoms. More specifically, Jeffrey Bogaerts of the Ontario Landowners Association is alleging the law that gives the OSPCA its broad powers to investigate offences and lay criminal charges is unconstitutional. The law allows OSPCA inspectors to enter private property, in some cases without a warrant, and seize animals it believes aren’t being cared for properly. Since it’s not a government agency, the OSPCA isn’t subject to freedom-of-information laws, it can’t be investigated by the Ontario Ombudsman, nor are its officers regulated by laws such as the Police Services Act, which governs police conduct. Joining the landowners association will be the animal rights group Animal Justice, which has been given intervener status in the case. 

Animal Justice, which has intervened in a number of animal abuse and animal rights cases and campaigned against zoos and aquariums, will have 30 minutes to present its argument during the day-long hearing. The OSPCA gets its powers from the Ontario Society for the Prevention of Cruelty to Animals Act, legislation that has its roots in English law from the 19th century. The OSPCA spends $3 million a year on investigating and enforcing animal cruelty laws. Brian Shiller, legal counsel for the OSPCA, declined to comment for this story and referred questions to the Ministry of the Attorney General, which is defending the Bogaerts challenge. The rights of homeowners versus the OSPCA have clashed in court before. 

With the help of the Andrews and the Landowners Association, Johnson took her case to Ontario’s quasi-judicial Animal Care Review Board, arguing the OSPCA had violated her charter rights against unreasonable search and seizure. If the court rules in Bogaerts’ favour, it could force the province to completely rewrite the OSPCA Act. 

Keywords: [“animal”,”OSPCA”,”law”]
Source: https://ottawacitizen.com/news/local-news/cruel-and-unusual-perth-court-case-to-challenge-validity-of-ontario-spca

Wex Legal Dictionary / Encyclopedia

In Solem v. Helm, 463 U.S. 277, the Court held that no duration of confinement is per se unconstitutional. While the Eighth Amendment forbids grossly disproportionate punishments for capital sentences, the court is less clear on its boundaries for noncapital sentences. The Supreme Court does consider age when determining the constitutionality of imprisonment. 2011, the Supreme Court determined that, for juvenile non-homicide offenders, life sentences with no chance of parole was unconstitutional. The Court reasoned that juveniles are less deserving of severe punishment because they are less culpable than adults and have a greater capacity for change. 2455, the Court expanded on Graham to forbid life sentences without parole to juvenile homicide offenders. 

The Court reviewed factors including the threat posed by an official, the amount of time an official had to respond to the situation, and the amount of pain inflicted on the inmate. In Hudson v McMillian, 503 U.S. 1, the Court held that a prisoner’s Eighth Amendment rights could be violated if malicious force was used against him, even in the prisoner did not experience significant pain. 1910, the Court held that prison overcrowding in California was unconstitutional because the living conditions resulted in medical care violations. The Court reasoned that prisoners would suffer and could die if they did not receive with adequate medical care. In Gates v Cook, 376 F.3d 323, the Fifth Circuit followed the rule established by the Supreme Court. In Gates, the court found conditions of confinement to be unconstitutional because inmates were subject to filthy conditions, including pest infestation; improper sanitary conditions and plumbing; and inadequate mental health care. 

Keywords: [“Court”,”sentences”,”conditions”]
Source: https://www.law.cornell.edu/wex/cruel_and_unusual_punishment

Unfair marital agreements, chaos of EU law and unusual routes to fairness: DB v PB EWHC 3431

A two track enforcement process around the EU with the UK and Denmark having a slower process because they refuse to bow the knee to the EU keenness for every country to use applicable law. So even though the husband lost the divorce race to court, he was able to get the needs-based claim back into Sweden through another EU law. On another occasion he referred to it as ‘unintended or accidental consequences’ of the EU law. It is the intent and heart of this EU law that parties may agree, even without any legal representation and disclosure, that a country should deal with their needs based claims. It binds the court with which the couple have the closest connection, a concept irrelevant in EU law. 

Where the English court dealing with the affairs of a family are prevented by a combination of an unfair marital agreement and an EU law from producing a fair outcome then unusual devices and routes need to be taken. We are a common law jurisdiction and our family finance law is almost entirely from case law, and so we are entitled to look to case law. Unlike many countries around the world, England has the same criteria in statute law for needs and sharing claims. Case law has pushed them in different directions and with different criteria. Here the EU law intervenes and stops England, and any other country dealing comprehensively with the financial affairs and divorce of a couple, from making fair provision for needs because of the jurisdiction choice within the marital agreement. 

Except that some family law organisations want these EU law to remain part of English national law. Like the entire country, there are different views held at iFLG, and other lawyers have different opinions about EU law after Brexit. 

Keywords: [“law”,”need”,”court”]
Source: https://familylaw.co.uk/news_and_comment/unfair-marital-agreements-chaos-of-eu-law-and-unusual-routes-to-fairness-db-v-pb-2016-ewhc-3431-fam

Law Fish News for 09-29-2018

Byron York: An unusual turn in the Michael Flynn case?

Observers are buzzing about a series of events in the last 60 days in the case of Michael Flynn, the Trump national security adviser who on Dec. 1 pleaded guilty to one count of lying to the FBI in the Trump-Russia investigation. First, there is some mystery surrounding the removal of Judge Rudolph Contreras from the case. Just days after accepting Flynn’s guilty plea, Contreras was taken off the case by the U.S. District Court for the District of Columbia. Of potentially more interest is Contreras’ replacement, Judge Emmet Sullivan. 

Sullivan is well known in legal circles for having been the judge in the case of Ted Stevens, the Republican senator from Alaska who was prosecuted for corruption by the George W. Bush Justice Department. In April 2009, Eric Holder, the Obama attorney general who inherited the mess, dropped the case. What Flynn watchers are noting today is that when all that happened back in 2009, Sullivan ripped into the Stevens prosecutors with an anger rarely seen on the bench. Sullivan was furious that the federal government had repeatedly withheld evidence from the Stevens defense and has been known ever since as a judge who is a stickler for making sure defendants are allowed access to all the evidence they are entitled to. 

On Jan. 31, the two sides in the case agreed to delay sentencing for Flynn until at least May. Some observers saw that as an entirely routine development in a case in which the defendant is cooperating with prosecutors on an open matter. On the other hand, in the Flynn case, the delay took place in the context of Sullivan’s evidence order, and there is no way for the public to know whether that played a role in the decision. Prosecutors and the defense submitted to Sullivan a proposed order limiting the use of any new evidence produced by the government. The latest filings indicate both sides are taking Sullivan’s order seriously, which is certainly a good idea, given Sullivan’s history. 

Keywords: [“Sullivan”,”Flynn”,”case”]
Source: https://www.washingtonexaminer.com/byron-york-an-unusual-turn-in-the-michael-flynn-case

Monsanto’s Roundup to face cancer claims in unusual court case

Claims that the active ingredient in the widely used weed killer Roundup can cause cancer have been evaluated by international agencies, U.S. and foreign regulators and the product’s manufacturer – agribusiness giant Monsanto. Chhabria is presiding over more than 300 lawsuits against Monsanto Co. by cancer victims and their families who say the company long knew about Roundup’s cancer risk but failed to warn them. The plaintiffs must first persuade Chhabria that he should allow their epidemiologists and other doctors to testify to a jury that Roundup can cause cancer. 

Many regulators have rejected the link, and Monsanto vehemently denies it and says hundreds of studies have found glyphosate – Roundup’s active ingredient – is safe. Chhabria will not determine if the cancer connection exists, but whether the claim has been tested, reviewed and published and is widely accepted in the scientific community. Monsanto developed glyphosate in the 1970s, and the weed killer is now sold in more than 160 countries. St. Louis-based Monsanto also sells seeds genetically modified to produce crops that can tolerate being sprayed with glyphosate as the surrounding weeds die. 

A flurry of lawsuits against Monsanto in federal and states courts followed, and California added glyphosate to its list of chemicals known to cause cancer. Christine Sheppard, among those suing Monsanto, said she sprayed Roundup for years to control weeds on her Hawaii coffee farm. Now 68, she is in remission but experiences severe pain in her hands and legs from her cancer treatment and has a weak immune system. Monsanto has attacked the international research agency’s opinion as an outlier. A federal judge in Sacramento last week blocked California from requiring that Roundup carry a label stating that it is known to cause cancer, saying the warning is misleading because almost all regulators have concluded there is no evidence glyphosate is a carcinogen. 

Keywords: [“cancer”,”Monsanto”,”glyphosate”]
Source: https://www.cbsnews.com/news/monsantos-roundup-to-face-cancer-claims-in-unusual-court-case/

The Grisly Murder Case That Could Turn Half of Oklahoma Back Into Tribal Lands

Groups representing oil and gas companies and the state’s business community also urged the Supreme Court to intervene, framing the situation as economically disruptive. Those effects are already apparent: State officials told the court last month that at least 46 defendants had already invoked the ruling in lawsuits challenging their own convictions. Jurors handed Murphy a death sentence, kicking off a nearly two-decade-long appeals process in state and federal courts. Murphy presented an unusual claim along the way: that the federal government, and not the state of Oklahoma, had jurisdiction over his case. State courts acknowledged that Murphy and Jacobs were both members of Creek Nation. 

The Oklahoma Criminal Court of Appeals also held that Murphy’s historical evidence was insufficient to prove that the land on which the crime occurred was still part of Indian country. Murphy then turned to the federal courts, where he argued that the state courts had wrongly interpreted existing precedents on tribal reservations. In a voluminous 133-page decision, the judges admonished the state courts for ignoring precedents like Solem v. Bartlett, a 1984 Supreme Court case that laid out a three-part test for disputes about Indian reservation boundaries. In Solem, the high court had unanimously ruled that each reservation continues to exist in its original form unless Congress explicitly changes its borders or abolishes it altogether. 

If the Supreme Court takes up the dispute in the coming months, it’d likely rank among the most significant cases of the fall 2018 term. Perhaps the most interesting voice in the matter would be the newest justice, Neil Gorsuch, who sat as a member of the Tenth Circuit before his nomination to the high court by President Donald Trump. Gorsuch’s tenure on a Western federal appellate court gave him more experience on tribal issues than most of his colleagues. 

Keywords: [“court”,”federal”,”state”]
Source: https://newrepublic.com/article/147472/grisly-murder-case-turn-half-oklahoma-back-tribal-lands

Law Fish News for 09-28-2018

Judging can be fun and legal tales about serious disputes are often humorous and very rock ‘n’ roll-as illustrated by the recent matter of Peaches’ wild house party in Washington, DC.Peaches’ festivities yielded District of Columbia et al v. Theodore Wesby, a Jan. 22 case that demonstrates two little-known features of work on the high court. The matter of Peaches’ guerrilla house party is a prime example of this. Only some of the alleged visitors claimed to even understand how they had come to be at what was maybe a bachelor party, maybe hosted by Peaches, who also went by the name of Tasty. The cops reached Peaches by cellphone, but she refused to return to the scene of the crime-or party. 

Police couldn’t get straight answers from the partygoers, many of whom tried to escape from the house but were arrested. One of the women explained that the previous owner had recently passed away, and Peaches had just started renting the house from the grandson who inherited it. According to Thomas, police then asked the woman to call Peaches, who answered her cellphone and explained that she had just left the party to go to the store. Officers challenged the civil suit and the DC Circuit Court found against the cops, reasoning that there was no probable cause to arrest the revelers-as required by Fourth Amendment protections against unreasonable governmental searches and seizures-because no one in the house could authorize the entry. Peaches wasn’t an owner, renter, or even present at the party and had no authority over the home, while the homeowner was also absent and unaware of festivities. 

Taken together, the condition of the house and the conduct of the partygoers allowed the officers to make several ‘common-sense conclusions about human behavior. ‘ Because most homeowners do not live in such conditions or permit such activities in their homes, the officers could infer that the partygoers knew the party was not authorized. In Ginsburg’s view, though the officers should not be subject to a civil suit for their on-duty decisions, there was no disorderly conduct at Peaches’ party, and attendees didn’t necessarily know they couldn’t enter the home. 

Keywords: [“officers”,”Peaches”,”house”]
Source: https://qz.com/1229911/the-us-supreme-courts-funniest-cases-are-the-ones-you-never-hear-about/

Unusual/Multi-Issue Cases Attorney Sacramento

When it comes to handling family law matters in California, not all cases that need to be settled between partners and their children are easy and they do not always fit into a standard pattern for resolution. The Law Office of David A. Martin & Associates in Sacramento, CA is well qualified in family law and also has compassion when handling these issues, particularly for unusual and multi-issue cases. An example of a more unusual case might be when two unmarried partners have decided to separate and they are caring for children, but the paternity of these children is uncertain. It is important to confirm paternity, as this determines who has the responsibility of taking care of the children when the partnership breaks down and who should be paying for child support. 

If these issues can be permanently resolved between the parties concerned, the California legal system is more than happy to see an amicable outcome that will favor, in particular, the children who receive top priority because their future is at stake. If the outgoing partners find it difficult to reach their own resolution then this is when an experienced family law attorney is needed to finalize the future of all those concerned. Multi-Issue Cases After the break-up of a marriage there are many factors that have to be taken into account. If these matters are not solved at the earliest point in time, they may continue on for far too long into the future. This does not allow the partners to establish a new life and provide security for the children. 

In California, the principles governing family law emphasize the need to solve issues associated with marital breakdown and the separating of partners amicably and in a timely manner. The high standard of living offered to families living in the state should not be compromised by unresolved disputes that cost money and reduce the quality of life for all concerned. If you and your ex partner are going through a divorce and your lives are complicated by an unusual or multi-issue case call the Law Office of David A. Martin & Associates in Sacramento, CA at 381-4040 for your initial consultation. 

Keywords: [“law”,”children”,”partner”]
Source: https://divorcelawyerdmartin.com/unusual-multi-issue-cases-attorney-sacramento/

U.S. Supreme Court rejects case to test Oregon’s unusual nonunanimous jury system

The U.S. Supreme Court on Monday declined to hear a case that could have tested Oregon’s unusual system of allowing nonunanimous jury verdicts, dealing a blow to critics who claim the rule is unconstitutional. Oregon and Louisiana will remain the only states to allow juries to convict most felony defendants with a 10-2 vote, though Oregon still requires a unanimous vote to find defendants guilty of murder. Lawyers for defendant Dale Lambert had petitioned the nation’s high court to review Louisiana’s jury law, claiming that such statutes deprive some defendants of equal protection under the law and should be ruled as unconstitutional. Lambert, 30, was convicted in 2015 of second-degree murder by a 10-2 jury vote in Louisiana’s Orleans Parish. 

Previously, the Supreme Court upheld Oregon and Louisiana’s jury laws in 1972 and has declined to hear cases challenging Oregon’s 10-2 jury verdicts since as recently as 2009. Criminal justice reform advocates – who believe nonunanimous juries are deeply flawed and punitive toward nonwhite defendants – had hoped the court’s recent interest in cases involving race and juries could compel a new hearing. Earlier this year, Kaplan published an article in the Oregon Law Review that argued how nonunanimous juries undermined the state’s criminal just system. In Oregon nearly four decades later, it was a sensational murder trial involving a Jewish suspect that prompted voters in 1934 to adopt the nonunanimous jury system, according to advocates and legal scholars. Though declined by the high court, Oregon legislators still have the ability to refer a proposal to voters to change the system back to a 12-0 vote, which would likely spark a multimillion-dollar ballot fight. 

State lawmakers have not tackled the issue of nonunanimous juries since it first recommended a public vote in 1934. In an interview with The Oregonian/OregonLive last month, Kaplan said the rule is likely to limit evidence-based jury deliberations and increase wrongful convictions. Some of Oregon’s most seasoned prosecutors, who support the state’s unique jury system, disagree with that characterization. 

Keywords: [“jury”,”Oregon”,”vote”]
Source: https://www.oregonlive.com/pacific-northwest-news/index.ssf/2017/10/us_supreme_court_declines_case.html

Law Fish News for 09-27-2018

Eighth Amendment to the United States Constitution

The Oates case eventually became a topic of the U.S. Supreme Court’s Eighth Amendment jurisprudence. In United States v. Bajakajian, 524 U.S. 321, the Supreme Court ruled that it was unconstitutional to confiscate $357,144 from Hosep Bajakajian, who had failed to report possession of over $10,000 while leaving the United States. According to the Supreme Court, the Eighth Amendment forbids some punishments entirely, and forbids some other punishments that are excessive when compared to the crime, or compared to the competence of the perpetrator. 

Francis v. Resweber, 329 U.S. 459, the Supreme Court assumed arguendo that the Cruel and Unusual Punishments Clause applied to the states through the Due Process Clause of the Fourteenth Amendment. In Robinson v. California, 370 U.S. 660, the Court ruled that it did apply to the states through the Fourteenth Amendment. Robinson was the first case in which the Supreme Court applied the Eighth Amendment against the state governments through the Fourteenth Amendment. 

The case of Weems v. United States, 217 U.S. 349, marked the first time that the Supreme Court exercised judicial review to overturn a criminal sentence as cruel and unusual. The Court acknowledged that a punishment could be cruel but not unusual, and therefore not prohibited by the Constitution. States with capital punishment rewrote their laws to address the Supreme Court’s decision, and the Court then revisited the issue in a murder case: Gregg v. Georgia, 428 U.S. 153. 

The Supreme Court found these laws unconstitutional under the Eighth Amendment, in the murder case of Woodson v. North Carolina, 428 U.S. 280, because these laws remove discretion from the trial judge to make an individualized determination in each case. In Wilkerson v. Utah, 99 U.S. 130, the Court stated that death by firing squad was not cruel and unusual punishment under the Eighth Amendment. In Lockyer v. 

Andrade, 538 U.S. 63, the Court upheld a 50 years to life sentence with the possibility of parole imposed under California’s three strikes law when the defendant was convicted of shoplifting videotapes worth a total of about $150. In Baze v. Rees, 553 U.S. 35, the Court upheld Kentucky’s execution protocol using a three drugs cocktail. 

Keywords: [“court”,”punishment”,”v.”]
Source: https://en.m.wikipedia.org/wiki/8th_Amendment_to_the_US_Constitution

Cuba, U.S. collaborate on bringing murderer to justice

With the help of U.S. prosecutors, a young Cuban man accused of shooting a Palm Beach County doctor in the head in 2015 and fleeing to the island to escape the reach of the U.S. law has been convicted by a Cuban court of murder and sentenced to 20 years in prison. The highly unusual tactic to get a conviction was undertaken because the Cuban government doesn’t extradite Cuban nationals to the United States for trial, and it is a sign of growing law enforcement cooperation between the two countries. Marcos Yanes Gutierrez was tried in Cuba for the murder of Dr. 

Ronald Schwartz under Cuban law with evidence provided by Palm Beach County prosecutors, according to a U.S. Justice Department official. The Cuban Embassy in Washington confirmed the Justice Department account on Monday. Although there is an old extradition treaty between the two countries, it has fallen into disuse, and in practice Cuba does not extradite Cuban nationals to the United States. The Department of Justice, the State Department and the State Attorney’s Office all declined to comment on how the case came to be transferred to Cuba and who suggested the novel solution to the legal dilemma. 

Phil Peters, president of the Virginia-based Cuba Research Center, said Cuban officials told him and others during a trip to Havana that since the Cubans were unwilling to extradite Yanes Gutierrez, they had offered U.S. authorities the chance to try Yanes Gutierrez in Cuba. Cuban officials came to Miami in 1997 to help make a case against two Colombian drug traffickers who were being tried in federal court, he said. Cuban evidence helped convict the two traffickers, said Horowitz. The U.S. 

State Department first made reference to the recent case in a July 10 media note after the United States and Cuba held a Law Enforcement Dialogue in Washington. In another recent sign of growing law enforcement cooperation between the two countries, an accused U.S. eco-terrorism suspect linked to dozens of acts of arson and vandalism carried out in the Pacific Northwest and West by a group known as The Family was detained in Havana last week by Cuban authorities and put on a plane to the United States to face felony changes. Cuba’s Ministry of Foreign Affairs said Dibee entered Cuban national territory on July 31. 

Keywords: [“Cuban”,”State”,”U.S.”]
Source: https://www.miamiherald.com/news/nation-world/world/americas/cuba/article216665545.html

Einhorn case against Apple rests on unusual legal tactic

NEW YORK – Hedge fund star David Einhorn wants to force Apple Inc to share some of its huge cash reserves with investors, but his lawsuit rests on a U.S. securities rule that has little legal precedent. Einhorn’s Greenlight Capital sued the iPad and iPhone maker in U.S. District Court in Manhattan on Thursday to try to prevent Apple from eliminating preferred stock from its charter. The suit is part of Einhorn’s bid to pressure Apple to use some of its $137 billion in cash to issue perpetual preferred shares that pay dividends to existing shareholders. 

The hedge fund manager is seeking an injunction to block a February 27 shareholder vote on the proposal, saying Apple violated Section 14 of the Securities Exchange Act of 1934. The proxy proposal at issue, Proposal No. 2, seeks to amend Apple’s articles of incorporation in three ways: by providing for majority voting for directors, establishing a par value for Apple stock and eliminating its ability to issue preferred stock. No lawyer for Apple is yet listed on the court docket and a representative declined to say who would represent Apple in the case. On Friday, the California Public Employees Retirement System, the biggest U.S. public pension fund and owner of 2.7 million Apple shares, and influential proxy voting firm ISS Proxy Advisory Services both urged investors to vote in favor of the shareholder proposal in question. 

On Thursday, Apple said Einhorn’s lawsuit was misguided and that adoption of Proposal No. 2 would not preclude preferred share issuances in future. The company’s near-death experience has led Apple to be exceptionally conservative with its cash. Einhorn deems preferred stock superior to dividends or share buybacks and has separately put forward a proposal for an issuance of Apple preferred stock with a perpetual 4 percent dividend. Francis Vasquez, a lawyer with the law firm White & Case who is not involved in the case, said Apple might argue that because the stockholder proposals in Proposal 2 are all amendments to the charter, they are properly related. The California company has another five proposals up for a vote, which are not being challenged by Einhorn and do not involve amending Apple’s charter. 

Keywords: [“Apple”,”proposal”,”shareholder”]
Source: https://www.reuters.com/article/us-apple-greenlight-lawsuit/einhorn-case-against-apple-rests-on-unusual-legal-tactic-idUSBRE91713S20130209

Law Fish News for 09-26-2018

The Supreme Court Expands the Definition of Cruel and Unusual Punishment

In 1910 the U.S. Supreme Court ruled on Weems v. United States, which questioned the severity of punishment prescribed to Paul Weems. Weems appealed his conviction on the grounds that its severity constituted cruel and unusual punishment; the U.S. Supreme Court agreed in a four-to-two decision. 

Weems is considered a benchmark case because it broadened the definition of cruel and unusual to include more than just torturous physical punishment. More than 120 years after the Bill of Rights was ratified, the Supreme Court shifted its interpretation of the Eighth Amendment from what was considered cruel and unusual by the framers of the Constitution in 1789 to what was considered cruel and unusual according to society’s evolving standards. What constitutes a cruel and unusual punishment has not been exactly decided. The court in that case, conceded the possibility ‘that punishment in the state prison for a long term of years might be so disproportionate to the offense as to constitute a cruel and unusual punishment. The court pointed out that death was an usual punishment for murder, that it prevailed in the territory for many years, and was inflicted by shooting; also that that mode of execution was usual under military law. ‘ …. 

This court’s final commentary was that ‘difficulty would attend the effort to define with exactness the extent of the constitutional provision which provides that cruel and unusual punishments shall not be inflicted; but it is safe to affirm that punishments of torture, such as those mentioned by the commentator referred to, and all others in the same line of unnecessary cruelty, are forbidden by that Amendment to the Constitution’. It was not meant in the language we have quoted to give a comprehensive definition of cruel and unusual punishment, but only to explain the application of the provision to the punishment of death. In other words, to describe what might make the punishment of death cruel and unusual, though of itself it is not so. Mr. Justice Field, Mr. 

Justice Harlan, and Mr. Justice Brewer were of opinion that the question was presented, and Mr. Justice Field, construing the clause of the Constitution prohibiting the infliction of cruel and unusual punishment, said, the other two justices concurring, that the inhibition was directed not only against punishments which inflict torture, ‘but against all punishments which, by their excessive length or severity, are greatly disproportioned to the offenses charged. The purpose of punishment is fulfilled, crime is repressed by penalties of just, not tormenting, severity, its repetition is prevented, and hope is given for the reformation of the criminal…. It follows from these views that, even if the minimum penalty of cadena temporal had been imposed, it would have been repugnant to the Bill of Rights. 

Keywords: [“punishment”,”cruel”,”state”]
Source: https://www.encyclopedia.com/law/legal-and-political-magazines/supreme-court-expands-definition-cruel-and-unusual-punishment

‘I’ve Regained a Part of My Family’: Unusual Swiss Restitution Case Brings John Constable Painting Home to Heirs in France -ARTnews

The recent restitution of a prized painting to a retired French history teacher suggests a potential shift in a legacy of Swiss intransigence on matters of ill-gotten art. On March 12, after a grueling decade-plus struggle from his home base outside Paris, Alain Monteagle recovered a painting by John Constable, Dedham from Langham, that had been stolen in 1942 from his grandfather’s aunt. Given Switzerland’s history as a destination for Nazi-seized art during wartime and its unfavorable legal posture toward restitution ever since, the return of the painting marked an unusual victory for heirs of looted art. In a comprehensive article in 2013, SWI Swissinfo documented only two prior cases related to Nazi-looted art: the return of a painting by the German artist Max Liebermann in 2000 and the restitution of a picture by the Swiss painter Albert von Keller in 2010. The newly restituted Constable painting-which is slated to be exhibited at Christie’s in New York starting April 16 and put up for auction in London in July­­­-had been purchased by Monteagle’s distant aunt Anna Jaffé and her husband John from the Sedelmeyer Gallery in Paris in 1907. 

As he researched his family’s lost paintings, Monteagle discovered the Constable in a catalogue of the Swiss museum that matched a log of the forced sale in 1943 as well as the Sedelmeyer Gallery purchase from decades before. The will of Madeleine Junod had stipulated that the paintings she bequeathed to the museum were not to be separated, so there was concern that restituting the Constable would violate the terms of the will and run the risk of precipitating legal action from both Junod’s heirs and the citizens of La Chaux-de-Fonds. As an attempted workaround, city authorities affixed a plaque below the painting clarifying that it had been looted by the Vichy regime. To date, eleven of the sixty paintings in the original Jaffé collection have been returned to Monteagle and other Jaffé heirs, including by institutions such as the Kimbell Art Museum in Forth Worth, Texas, and the Louvre in Paris. In 2016, in a notable break for the Constable case, Ronald S. 

Lauder, president of the World Jewish Congress and chairman of the Commission for Art Recovery, addressed Monteagle’s ordeal in a speech to the Swiss Jewish Community Federation in Zurich. A payment of €80,000 would be required to retrieve the painting, half of which would go to the Junod heirs and half to the city. In an unexpected move, the Musée des Beaux-Arts commissioned French photographer Philippe Gronon, known for his images of the verso side of paintings, to take a picture of the back of Constable’s Dedham from Langham showing previous ownership information and exhibition markings from the painting’s past. 

Keywords: [“painter”,”Monteagle”,”art”]
Source: http://www.artnews.com/2018/04/03/ive-regained-part-family-unusual-swiss-restitution-case-brings-john-constable-painting-home-heirs-france/

Law Fish News for 09-12-2018

Court Cases » Wisconsin Right to Life

1973, the Roe v. Wade and Doe v. Bolton decisions legalized abortion in the U.S. for the full nine months of pregnancy. A summary of the United States Supreme Court decisions on abortion. Wisconsin Right to Life is one of the nation’s most thorough and diligent organizations when taking the lead on life-saving legislation. As proof of the point, here is a brief summary of court decisions upholding right-to-life laws that have been challenged in court. McCain-Feingold prohibited corporations and unions from using general funds for electioneering communications, which are essentially broadcast ads within 30 days of a primary and 60 days of a general election that simply mention the name of a federal candidate. In its ruling, the federal Seventh Circuit Court declared major portions of Wisconsin’s campaign finance law unconstitutional. Will you please donate to Wisconsin Right to Life today?

Keywords: [“Court”,”Wisconsin”,”decisions”]
Source: http://wrtl.org/legislationelections/court-cases

Court Cases » Wisconsin Right to Life

1973, the Roe v. Wade and Doe v. Bolton decisions legalized abortion in the U.S. for the full nine months of pregnancy. A summary of the United States Supreme Court decisions on abortion. Wisconsin Right to Life is one of the nation’s most thorough and diligent organizations when taking the lead on life-saving legislation. As proof of the point, here is a brief summary of court decisions upholding right-to-life laws that have been challenged in court. McCain-Feingold prohibited corporations and unions from using general funds for electioneering communications, which are essentially broadcast ads within 30 days of a primary and 60 days of a general election that simply mention the name of a federal candidate. In its ruling, the federal Seventh Circuit Court declared major portions of Wisconsin’s campaign finance law unconstitutional. Will you please donate to Wisconsin Right to Life today?

Keywords: [“Court”,”Wisconsin”,”decisions”]
Source: http://wrtl.org/legislationelections/court-cases

Final Arguments in Tort Cases

Below are sample closing arguments in personal injury cases. Some quick advice on giving a good closing statement. First, do not summarize all of the evidence, particularly in a trial that lasted less than a week. Even the best trial lawyers who write about closing often throw in some trite advice about summarizing the key evidence. Maryland follows the what people call the “Golden Rule” of trials. That safety rule should encompass more than the issues in your trial. Prepare your closing with precise detail but make sure you are speaking as a person from the heart. Our law firm provides free resources for trial lawyers working up a case to trial and litigation process and trial advocacy students who are working up and preparing for a mock trial or moot court. Get more trial materials to help you prepare for trialReview a sample trial transcript. Review assorted opening statements in a variety of tort case.

Keywords: [“trial”,”close”,”case”]
Source: https://www.millerandzois.com/sample-closing-statement.html

Final Arguments in Tort Cases

Below are sample closing arguments in personal injury cases. Some quick advice on giving a good closing statement. First, do not summarize all of the evidence, particularly in a trial that lasted less than a week. Even the best trial lawyers who write about closing often throw in some trite advice about summarizing the key evidence. Maryland follows the what people call the “Golden Rule” of trials. That safety rule should encompass more than the issues in your trial. Prepare your closing with precise detail but make sure you are speaking as a person from the heart. Our law firm provides free resources for trial lawyers working up a case to trial and litigation process and trial advocacy students who are working up and preparing for a mock trial or moot court. Get more trial materials to help you prepare for trialReview a sample trial transcript. Review assorted opening statements in a variety of tort case.

Keywords: [“trial”,”close”,”case”]
Source: https://www.millerandzois.com/sample-closing-statement.html

StrangeFacts.com >> Strange Laws

Here’s our fabulous collection of Strange Laws that candate back very far. Most of these laws remain in the bookstoday, even if rarely enforced. Laws shown here have been collected from sources believed to bereliable there are no guarantees. In Texas, it’s against the law for anyone to have a pair of pliers in his or her possession. In New York, it is against the law for a blind person to drive an automobile. In Providence, Rhode Island, it is against the law to jump off a bridge. In North Carolina, it is against the law for dogs and cats to fight. In Virginia, chickens cannot lay eggs before 8:00 a.m., and must be done before 4:00 p.m. In New York, it is against the law for children to pick up or collect cigarette and cigar butts. In North Carolina, it is against the law for a rabbit to race down the street. In Georgia, it’s against the law to spread a false rumor.

Keywords: [“law”,”against”,”State”]
Source: http://www.strangefacts.com/laws.html

StrangeFacts.com >> Strange Laws

Here’s our fabulous collection of Strange Laws that candate back very far. Most of these laws remain in the bookstoday, even if rarely enforced. Laws shown here have been collected from sources believed to bereliable there are no guarantees. In Texas, it’s against the law for anyone to have a pair of pliers in his or her possession. In New York, it is against the law for a blind person to drive an automobile. In Providence, Rhode Island, it is against the law to jump off a bridge. In North Carolina, it is against the law for dogs and cats to fight. In Virginia, chickens cannot lay eggs before 8:00 a.m., and must be done before 4:00 p.m. In New York, it is against the law for children to pick up or collect cigarette and cigar butts. In North Carolina, it is against the law for a rabbit to race down the street. In Georgia, it’s against the law to spread a false rumor.

Keywords: [“law”,”against”,”State”]
Source: http://www.strangefacts.com/laws.html

Law Fish News for 09-11-2018

Emergency Medicine Cases

We see patients with toxic alcohol poisoning most commonly in three clinical scenarios. One, after an intentional suicide attempt where they tell you exactly what they took; two, when they come in agitated and won’t give you a history and the three, the inebriated patient found down. Alcohol is everywhere, and inevitably inebriated people show up at your ED with a myriad of medical and psychiatric problems. It’s our job as ED professionals, not only to identify traumatic, medical and psychiatric catastrophes in these patients but also to identify and manage the relatively rare but potentially life and sight threatening toxicologic diagnoses in the inebriated or agitated patient. That isn’t so easy – especially when it comes to toxic alcohols. In this episode we help give you the knowledge of toxic alcohol poisoning recognition, clinical and lab clues, limitations of the osmolar gap, goals of management, time sensitive treatments and more…..

Keywords: [“alcohol”,”patient”,”inebriated”]
Source: https://emergencymedicinecases.com

Emergency Medicine Cases

We see patients with toxic alcohol poisoning most commonly in three clinical scenarios. One, after an intentional suicide attempt where they tell you exactly what they took; two, when they come in agitated and won’t give you a history and the three, the inebriated patient found down. Alcohol is everywhere, and inevitably inebriated people show up at your ED with a myriad of medical and psychiatric problems. It’s our job as ED professionals, not only to identify traumatic, medical and psychiatric catastrophes in these patients but also to identify and manage the relatively rare but potentially life and sight threatening toxicologic diagnoses in the inebriated or agitated patient. That isn’t so easy – especially when it comes to toxic alcohols. In this episode we help give you the knowledge of toxic alcohol poisoning recognition, clinical and lab clues, limitations of the osmolar gap, goals of management, time sensitive treatments and more…..

Keywords: [“alcohol”,”patient”,”inebriated”]
Source: https://emergencymedicinecases.com

Property Law UK

The British and Irish Legal Information Institute was based on the Australian equivalent, AustLII, the project to provide free on-line access to the law. It is probably the first port of call for many when looking for a case. Casecheck provides a free searchable case law archive, together with a database of articles and other information. Casetrack provides the case transcripts to a number of the organisations that provide law reports. Daily Law Notes provides free summaries of various cases provided by the Incorporated Council of Law Reporting. Provided daily from the various courts and also subsequently indexed by court and then subject. Law Gazette website includes property law reports and, from time to time, articles of interest to property lawyers. Law Index Pro provides case reports with a search facility. Upper Tribunal – the successor to the Lands Tribunal. Upper Tribunal website provides cases and other materials from the Lands Chamber.

Keywords: [“provide”,”law”,”case”]
Source: http://www.propertylawuk.net/linkscases.html

Property Law UK

The British and Irish Legal Information Institute was based on the Australian equivalent, AustLII, the project to provide free on-line access to the law. It is probably the first port of call for many when looking for a case. Casecheck provides a free searchable case law archive, together with a database of articles and other information. Casetrack provides the case transcripts to a number of the organisations that provide law reports. Daily Law Notes provides free summaries of various cases provided by the Incorporated Council of Law Reporting. Provided daily from the various courts and also subsequently indexed by court and then subject. Law Gazette website includes property law reports and, from time to time, articles of interest to property lawyers. Law Index Pro provides case reports with a search facility. Upper Tribunal – the successor to the Lands Tribunal. Upper Tribunal website provides cases and other materials from the Lands Chamber.

Keywords: [“provide”,”law”,”case”]
Source: http://www.propertylawuk.net/linkscases.html

Personal Statement

Absolutely! Law schools use the personal statement to learn about your ability to write concisely, precisely, and well. The personal statement gives you an opportunity to showcase your abilities. The best statements not only follow the schools’ instructions, but are tied together by a theme and a logical progression of ideas, making good use of transitions. They also employ perfect grammar and are written in a direct, simple style that avoids pretentious language. The best statements are not laundry lists of accomplishments and activities, but essays that describe a unique episode or two from your experience that demonstrate both your motivation for pursuing legal education along with positive, interesting aspects of your personality. We highly suggest that you have your statement reviewed by your letter of recommendation writers, and other friends, family members or peers who know your story well and possess excellent writing skills.

Keywords: [“statement”,”write”,”best”]
Source: https://career.berkeley.edu/Law/LawStatement

Personal Statement

Absolutely! Law schools use the personal statement to learn about your ability to write concisely, precisely, and well. The personal statement gives you an opportunity to showcase your abilities. The best statements not only follow the schools’ instructions, but are tied together by a theme and a logical progression of ideas, making good use of transitions. They also employ perfect grammar and are written in a direct, simple style that avoids pretentious language. The best statements are not laundry lists of accomplishments and activities, but essays that describe a unique episode or two from your experience that demonstrate both your motivation for pursuing legal education along with positive, interesting aspects of your personality. We highly suggest that you have your statement reviewed by your letter of recommendation writers, and other friends, family members or peers who know your story well and possess excellent writing skills.

Keywords: [“statement”,”write”,”best”]
Source: https://career.berkeley.edu/Law/LawStatement

Law Fish News for 09-10-2018

Illinois Civil Unions

The official name of this unusual law is the Religious Freedom Protection and Civil Union Act. This law is special because it does something that no other civil union law does. Since there are only half a dozen other states which have civil union laws, we’re pretty special for just having a civil union law. Now you’re probably not surprised that same sex couples would want the option of entering into a civil union. They can’t be legally married, so many people think a civil union is the next best thing. What you’re probably askingis what everyone asks: Why would opposite sex couples want a civil union, since they can get married? Well, the other question everyone asks: Why should I care about civil unions? If you’re wondering why a traditional marriage license might be better-or worse-than a civil union, read on. If you’re interested in getting an Illinois civil union, then you’re definitely in the right place. There’s plenty for everyone to care about in the Illinois Civil Union law.

Keywords: [“Civil”,”Union”,”law”]
Source: http://www.illinoiscivilunions.com

Illinois Civil Unions

The official name of this unusual law is the Religious Freedom Protection and Civil Union Act. This law is special because it does something that no other civil union law does. Since there are only half a dozen other states which have civil union laws, we’re pretty special for just having a civil union law. Now you’re probably not surprised that same sex couples would want the option of entering into a civil union. They can’t be legally married, so many people think a civil union is the next best thing. What you’re probably askingis what everyone asks: Why would opposite sex couples want a civil union, since they can get married? Well, the other question everyone asks: Why should I care about civil unions? If you’re wondering why a traditional marriage license might be better-or worse-than a civil union, read on. If you’re interested in getting an Illinois civil union, then you’re definitely in the right place. There’s plenty for everyone to care about in the Illinois Civil Union law.

Keywords: [“Civil”,”Union”,”law”]
Source: http://www.illinoiscivilunions.com

Publications

The Texas Law Publications Department assists students with journal media publication, event management, and financial administration. The Department also provides sales support for student-edited serials subscriptions and reference manuals to a world-wide audience of legal scholars and practitioners. Every year, over six hundred students voluntarily compete for the opportunity to participate in the combined production of more than thirty-five issues containing well over 5,000 pages of unique legal analysis. The student organizations that publish Texas Law journals also host a variety of Continuing Legal Education-approved conferences, many of which also produce publishable content. Funding for publications and activities is primarily provided by sales and donor support, with no direct financial support provided by the School or the State. Texas Law student-edited, student-operated serials represent a particularly wide spectrum of legal, political, and social perspectives.

Keywords: [“legal”,”support”,”provides”]
Source: https://law.utexas.edu/publications

Publications

The Texas Law Publications Department assists students with journal media publication, event management, and financial administration. The Department also provides sales support for student-edited serials subscriptions and reference manuals to a world-wide audience of legal scholars and practitioners. Every year, over six hundred students voluntarily compete for the opportunity to participate in the combined production of more than thirty-five issues containing well over 5,000 pages of unique legal analysis. The student organizations that publish Texas Law journals also host a variety of Continuing Legal Education-approved conferences, many of which also produce publishable content. Funding for publications and activities is primarily provided by sales and donor support, with no direct financial support provided by the School or the State. Texas Law student-edited, student-operated serials represent a particularly wide spectrum of legal, political, and social perspectives.

Keywords: [“legal”,”support”,”provides”]
Source: https://law.utexas.edu/publications

The Law Trivia and Quizzes

I hope you don’t find this quiz about tax laws too taxing. There are so many crazy laws still in existence today that are archaic … enjoy some wacky laws in our world. Test your knowledge of the upholders of law and order worldwide. At what age can you do what under New Zealand laws? Think you’re an expert at this? Or you just want to learn interesting stuff? This quiz is for you! Laws vary around the world in regards to the minimum age for alcohol consumption. This quiz is about the nationality laws of some of the major countries. Laws are important for any country since it is because of the existence of laws and rules that society remains civilized. In this quiz, we will see the type of legal system and some of the laws Germany has created. My second quiz dealing with some varied legal trivia from around the world, but focusing primarily on the United Kingdom and the United States. Written in June 2003, beware please that the law is constantly changing over time.

Keywords: [“law”,”quiz”,”country”]
Source: http://www.funtrivia.com/quizzes/world/the_law.html

The Law Trivia and Quizzes

I hope you don’t find this quiz about tax laws too taxing. There are so many crazy laws still in existence today that are archaic … enjoy some wacky laws in our world. Test your knowledge of the upholders of law and order worldwide. At what age can you do what under New Zealand laws? Think you’re an expert at this? Or you just want to learn interesting stuff? This quiz is for you! Laws vary around the world in regards to the minimum age for alcohol consumption. This quiz is about the nationality laws of some of the major countries. Laws are important for any country since it is because of the existence of laws and rules that society remains civilized. In this quiz, we will see the type of legal system and some of the laws Germany has created. My second quiz dealing with some varied legal trivia from around the world, but focusing primarily on the United Kingdom and the United States. Written in June 2003, beware please that the law is constantly changing over time.

Keywords: [“law”,”quiz”,”country”]
Source: http://www.funtrivia.com/quizzes/world/the_law.html

Law Fish News for 09-09-2018

Connecticut Law About Wrongful Discharge from Employment

Employment Termination Notices, 2014-R-0032Does the law require an employer to provide an employment termination notice to an employee separating from employment? At-Will Employment, 2001-R-0246 You asked for background information about at-will employment in Connecticut and other states. At-Will Employment, 2001-R-0612 You asked how Connecticut’s employee termination laws compare with those of other states. Employees not to be discharged for civil preparedness activity or eligibility for induction. 31-40t. Employee’s right to act in case of hazardous conditions. 31-51m. Protection of employee who discloses employer’s illegal activities or unethical practices. 31-51q. Liability of employer for discipline or discharge of employee on account of employee’s exercise of certain constitutional rights. Employer not to discharge employee for jury service. Liability of employer for failure to compensate juror-employee. 54-85b. Employment protection for witnesses and victims of crime.

Keywords: [“employee”,”Employment”,”employer”]
Source: https://www.jud.ct.gov/lawlib/law/discharge.htm

DUI Arrest? Fight Your Charges.

Our sponsoring attorneys can help identify and explain the specific state DUI laws and penalties. Are you facing felony or misdemeanor DUI charges? Talk to an attorney about building a defense against your drunk driving charges today. If you receive a felony DUI conviction, you will likely face even harsher penalties. Do you know the difference between felony and misdemeanor DUI charges? It’s important to remember that a DUI arrest does not always result in a conviction. Building a strong defense with the help of a DUI attorney may decrease the likelihood that you will be convicted in court. DUI law typically includes implied consent laws that allow for an individual to refuse a breathalyzer test. A DUI attorney in your state may further explain your rights to refuse a breath test and the possible legal consequences for doing so. A local attorney can give you legal guidance to work through your case and help you understand DUI laws. Talk to a DUI lawyer today by filling out a free case evaluation form above.

Keywords: [“DUI”,”charges”,”driving”]
Source: http://www.totaldui.com/…case/rights/dui-cruel-and-unusual-punishment.aspx

DUI Arrest? Fight Your Charges.

Our sponsoring attorneys can help identify and explain the specific state DUI laws and penalties. Are you facing felony or misdemeanor DUI charges? Talk to an attorney about building a defense against your drunk driving charges today. If you receive a felony DUI conviction, you will likely face even harsher penalties. Do you know the difference between felony and misdemeanor DUI charges? It’s important to remember that a DUI arrest does not always result in a conviction. Building a strong defense with the help of a DUI attorney may decrease the likelihood that you will be convicted in court. DUI law typically includes implied consent laws that allow for an individual to refuse a breathalyzer test. A DUI attorney in your state may further explain your rights to refuse a breath test and the possible legal consequences for doing so. A local attorney can give you legal guidance to work through your case and help you understand DUI laws. Talk to a DUI lawyer today by filling out a free case evaluation form above.

Keywords: [“DUI”,”charges”,”driving”]
Source: http://www.totaldui.com/…case/rights/dui-cruel-and-unusual-punishment.aspx

Qualified Case Study Help at an Affordable Price

When leaving a request on our website, specify all paper details – it allows an assigned expert to start writing when the order is accepted and write a perfect paper up to your needs. Don’t forget that you can chat with your writer online, attach additional instructions and check the draft. Once the order is completed, you can instantly download it. If you think that your assignment needs some improvements, just ask us for an additional revision. The writer will make as many corrections as you need. Fill out the order form; Control the writing process; Download your project on time. Have any questions concerning our company, ordering or payment? Want to share some ideas on how to improve our services? Feel free to call or email our 24/7 support team. You can use a live chat to send a message, and you will receive an answer. There is no need to hesitate – get your perfect study exactly on time. Remember that the more purchases you make, the less you will pay for each new paper in the future.

Keywords: [“write”,”need”,”order”]
Source: https://grademiners.com/case-study-help

Qualified Case Study Help at an Affordable Price

When leaving a request on our website, specify all paper details – it allows an assigned expert to start writing when the order is accepted and write a perfect paper up to your needs. Don’t forget that you can chat with your writer online, attach additional instructions and check the draft. Once the order is completed, you can instantly download it. If you think that your assignment needs some improvements, just ask us for an additional revision. The writer will make as many corrections as you need. Fill out the order form; Control the writing process; Download your project on time. Have any questions concerning our company, ordering or payment? Want to share some ideas on how to improve our services? Feel free to call or email our 24/7 support team. You can use a live chat to send a message, and you will receive an answer. There is no need to hesitate – get your perfect study exactly on time. Remember that the more purchases you make, the less you will pay for each new paper in the future.

Keywords: [“write”,”need”,”order”]
Source: https://grademiners.com/case-study-help

Law Fish News for 09-08-2018

Tanuj Kanchan, Harihar Wasti, Jenash Acharya, 2015

Ascaris lumbricoides or roundworms’ propensity to produce large number of eggs that are resistant to extremes of environmental conditions have made them one of the highly prevalent and geographically well distributed nematodes among poor socio-economic regions throughout the world. We present an unusual case of fatal gastro-intestinal ascariasis where general neglect, and firm and prolonged reliance on traditional healing methods led to aggregation of roundworms to such an extent that otherwise seems improbable in modern times and is worth reporting. Pullan, RL, Brooker, S Ascaris lumbricoides and ascariasis: estimating numbers infected and burden of disease. Crompton, DW, Nesheim, MC. Nutritional impact of intestinal helminthiasis during the human life cycle. Recurrent episodes of upper airway blockage associated with Ascaris lumbricoides causing cardiopulmonary arrest in a young patient. Villamizar, E, Méndez, M, Bonilla, E. Ascaris lumbricoides infestation as a cause of intestinal obstruction in children: experience with 87 cases.

Keywords: [“lumbricoides”,”Ascaris”,”intestinal”]
Source: http://journals.sagepub.com/doi/abs/10.1177/0025817215573172

TF2 Unusual unbox rate

Column A does not include “Origin: Steam Support” nor Duplicate copies. Column B does not include “Origin: Steam Support” nor Duplicate copies. Column C does not include “Quality: Strange” nor Duplicate copies, and only includes “Origin: Found in Crate”. “Origin: Found in Crate” sometimes get changed to “Origin: Traded” for items before original id 580,000,000. An underestimate of a number C means an overestimate of a number 1/C. That means, the calculated unusual unbox rate is an Upper Bound. Keep in mind that old crates mainly contain Paints, and hence their upper bounds are higher. The significantly higher upper bound does not necessarily imply that actual rate is higher. The last “Paint Crate” was removed from the drop system in the June 23, 2011 Patch. Unless the majority of Unusuals reside in Private Backpacks while the majority of Uncrated Items reside in Public Backpacks, the unusual rate is definitely not 1%. Does unusual from Private Backpack surface or circulate over time? Tf, 46,337 unusuals unboxed before May 23, 2012 are known.

Keywords: [“unusual”,”Origin”,”does”]
Source: http://tf2finance.com/rate

TF2 Unusual unbox rate

Column A does not include “Origin: Steam Support” nor Duplicate copies. Column B does not include “Origin: Steam Support” nor Duplicate copies. Column C does not include “Quality: Strange” nor Duplicate copies, and only includes “Origin: Found in Crate”. “Origin: Found in Crate” sometimes get changed to “Origin: Traded” for items before original id 580,000,000. An underestimate of a number C means an overestimate of a number 1/C. That means, the calculated unusual unbox rate is an Upper Bound. Keep in mind that old crates mainly contain Paints, and hence their upper bounds are higher. The significantly higher upper bound does not necessarily imply that actual rate is higher. The last “Paint Crate” was removed from the drop system in the June 23, 2011 Patch. Unless the majority of Unusuals reside in Private Backpacks while the majority of Uncrated Items reside in Public Backpacks, the unusual rate is definitely not 1%. Does unusual from Private Backpack surface or circulate over time? Tf, 46,337 unusuals unboxed before May 23, 2012 are known.

Keywords: [“unusual”,”Origin”,”does”]
Source: http://tf2finance.com/rate

What happened in the case of Unique Concepts v Brown?

Unique Concepts v Brown: Framing case: 2 straight pieces to form angled piece vs angled piece. Claim 9 was dependent on claim 1, claim 9 struck, doesn’t that mean 1 could encompass 9?1. Dissent: If you read specification they talked about 2 separate pieces as one way of embodying invention, cut of edges fit together. Then you realize when inventor talks about corner piece they mean either 2 straight pieces or one angled piece. a. Claim doesn’t say anything about this. b. Specification shouldn’t be used to find limitations on claim. Allowed to go back to specification to interpret, but some line, spectrum, finding limitation on specification and porting it to claim is prohibiting. Majority: you don’t immediately jump to specification, first think of plain meaning of words. a. Estoppel worry: Narrow things get through easily, then attempt to claim broad rights. b. Rule: if you use plain English, people won’t realize they should go to specification so court holds him to his plain old language.

Keywords: [“Claim”,”piece”,”specification”]
Source: http://www.legalgist.com/happened-case-unique-concepts-brown

What happened in the case of Unique Concepts v Brown?

Unique Concepts v Brown: Framing case: 2 straight pieces to form angled piece vs angled piece. Claim 9 was dependent on claim 1, claim 9 struck, doesn’t that mean 1 could encompass 9?1. Dissent: If you read specification they talked about 2 separate pieces as one way of embodying invention, cut of edges fit together. Then you realize when inventor talks about corner piece they mean either 2 straight pieces or one angled piece. a. Claim doesn’t say anything about this. b. Specification shouldn’t be used to find limitations on claim. Allowed to go back to specification to interpret, but some line, spectrum, finding limitation on specification and porting it to claim is prohibiting. Majority: you don’t immediately jump to specification, first think of plain meaning of words. a. Estoppel worry: Narrow things get through easily, then attempt to claim broad rights. b. Rule: if you use plain English, people won’t realize they should go to specification so court holds him to his plain old language.

Keywords: [“Claim”,”piece”,”specification”]
Source: http://www.legalgist.com/happened-case-unique-concepts-brown

Connecticut Law About Wrongful Discharge from Employment

Employment Termination Notices, 2014-R-0032Does the law require an employer to provide an employment termination notice to an employee separating from employment? At-Will Employment, 2001-R-0246 You asked for background information about at-will employment in Connecticut and other states. At-Will Employment, 2001-R-0612 You asked how Connecticut’s employee termination laws compare with those of other states. Employees not to be discharged for civil preparedness activity or eligibility for induction. 31-40t. Employee’s right to act in case of hazardous conditions. 31-51m. Protection of employee who discloses employer’s illegal activities or unethical practices. 31-51q. Liability of employer for discipline or discharge of employee on account of employee’s exercise of certain constitutional rights. Employer not to discharge employee for jury service. Liability of employer for failure to compensate juror-employee. 54-85b. Employment protection for witnesses and victims of crime.

Keywords: [“employee”,”Employment”,”employer”]
Source: https://www.jud.ct.gov/lawlib/law/discharge.htm