Monday, September 30, 2013

Giveaway: A Gift Certificate from Gyft (a $100 Value!)

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Source: http://feeds.celebritybabies.com/~r/celebrity-babies/~3/_bPCisccnHM/

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Patent Law — Best Practices as Seen From the Bench

Three U.S. district judges and a U.S. magistrate participated in a roundtable discussion in Dallas, "Patent Law: Best Practices As Seen From The Bench."

Source: http://www.law.com/jsp/law/sign_me_in.jsp?article=http://www.law.com/jsp/tx/PubArticleTX.jsp?id=1202607411492&rss=newswire

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Jennifer Lawrence Featured on New "Catching Fire" Poster and Soundtrack Single Cover

As the November release date nears, the focus is all on Katniss Everdeen for "The Hunger Games: Catching Fire."

On Monday, a new poster was released featuring Jennifer Lawrence as the main character drawing her bow in front of a flaming Mockingjay logo. On top, the tagline reads, "Remember Who the Enemy Is."

Additionally, the cover art for Christina Aguilera's song on the soundtrack also depicts Katniss posing with her bow and arrows.

"We Remain" is the second single off of the movie's soundtrack, hitting iTunes on October 1st. The entire album will be available on November 19th. Sharing a teaser of the tune, Christina tweeted, "Love the underlying message of @TheHungerGames. 'We Remain' is special new song, its message to my fans & how I connect w/ the movie, alike."

Source: http://celebrity-gossip.net/catching-fire/jennifer-lawrence-featured-new-catching-fire-poster-and-soundtrack-single-cover-934623

Eliza Dushku Emilie de Ravin Emma Heming Emma Stone Emma Watson

Ashley Greene's Marvelous Mystery Man REVEALED, But Will Her New BF Enrage Miley Cyrus!?

Well, well, well -- those animatronic freak-shows at Disneyland were right! It really is a small world after all!

(Crap, now the song is stuck in our head.)

We know the dating scene in Hollywood is more interconnected than the British Royals' family tree, but still we were shocked to learn Ashley Greene's new boyfriend has a rather unexpected connection to her LOL co-star Miley Cyrus!!!

Earlier we told you she was just spotted holding hands with a seXXXy new man friend in Studio City, but now there's more to the story!

As it turns out, the beloved Twilight starlet is playing sniff-the-shark and stuff-the-sausage with none other thanPaul Khoury!!!

For those of you who don't remember, Paul is rumored to be one of Liam Hemsworth's best bestiez!!! Yup, the very same Liam who so recently traded his twerking fiancee in for Mexican movie star Eiza González!!!

Wow!! This must really be putting a strain on Ashley and MileyBird's relationship!

For what it's worth, Ash and her new man aren't super serious just yet!

A source close to the couple revealed:

"They are dating, [but it isn't] that serious"

Hmm, still... her co-star's ex-fiancee's bestie... we wonder!

Do U think this revelation might wrecking ball Miley's day?

[Image via WENN.]

Source: http://perezhilton.com/2013-09-30-ashley-greene-new-boyfriend-liam-hemsworth-best-friend-paul-khoury-mystery-man-revealed-miley-cyrus-costar-not-serious

Alicia Keys Alicia Witt Amanda Bynes Amanda Detmer Amanda Marcum

The Importance of Civility in the Courtroom

Join the panel discussion on the importance of civility in the courtroom. Attorney Jill Mariani hosts a roundtable of these influential members in law:
• The Honorable James Holderman: The Chief Judge of the Federal District Court for the Northern District of Illinois joined the court in 1985 after he was nominated by President Ronald Reagan. He became Chief Judge in 2006. Holderman is also chair of the ABA’s Commission on the American Jury Project, which focuses on the implementation of the ABA Principles on Juries and Jury Trials into the courtroom and reaching out to the public about the importance of jury service and jury reform. • Dick A. Semerdjian: Attorney Semerdjian is chair of the ABA Tort Trial and Insurance Practice Section (TIPS). TIPS is the knowledge and leadership hub for trial practice and issues of justice that involve tort insurance and law. • MaryGrace Schaeffer: As vice president of DecisonQuest, Schaeffer has been a trial consultant for more than 22 years. Her expertise includes strategy and theme development, mock trials, witness evaluation and preparation, shadow juries, post-trial interviews and more. Listen to their thoughts on why legal professionals need to be cognizant of civility in the courtroom, the strategies they use to implement it, changes they’d like to see in the legal world regarding civility, and more.

Source: http://legaltalknetwork.com/podcasts/aba-tips/2013/04/the-importance-of-civility-in-the-courtroom

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Night ‘Light’

Yesterday turned out to be a really lazy day for me. I had planned on going to the LACMA in the afternoon to see the Turrell Retrospective exhibit but my laziness got the best of me and I ended up just staying home. Pretty much every other person on earth was going apeshizz over the [...]

Source: http://www.pinkisthenewblog.com/2013-09-30/night-light

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No district court jurisdiction for federal employee challenging adverse employment action (6-3)

The US Supreme Court held this morning that the Civil Service Reform Act (CSRA) precludes district court jurisdiction over Elgin's claim that his removal from federal service was based on an unconstitutional statute. The procedural route prescribed by the CSRA is by appeal to the Merit Systems Protection Board (MSPB) and, if dissatisfied with the result, appeal to the Federal Circuit, whose decisions in turn are reviewable by the Supreme Court.

Elgin v. Dept of Treasury (US Supreme Ct 06/11/2012)

A federal statute bars employment in the executive branch of male citizens who failed to register for the draft. Elgin, who had been discharged from his job, first challenged the decision before the MSPB - arguing that the statutory bar was unconstitutional - but an ALJ dismissed his case on the ground that the MSPB lacked authority to review the constitutionality of a federal statute. Rather than appealing from that decision, Elgin sued in federal district court.

The US Supreme Court held that the district court lacked jurisdiction because it is "fairly discernable" from the CSRA's text, structure, and purpose that Congress precluded district court jurisdiction over Elgin's claims. Based on CSRA's text and structure, there is no exception for constitutional challenges to federal statutes. If the MSPB lacks power to hear such claims, they can be meaningfully addressed by the Federal Circuit.

The DISSENT argued that Elgin's "constitutional claims are a far cry from the type of claim that Congress intended to channel through the [MSPB]."

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Source: http://www.lawmemo.com/blog/2012/06/no_district_cou.html

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Bill Hader Haunts MTV News In The Latest After Hours

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Source: http://moviesblog.mtv.com/2013/09/27/bill-hader-after-hours/

America Ferrera Amerie Amy Cobb

It Happened to NASDAQ - What If It Happened to You?

On Thursday, August 22, the NASDAQ, one of the largest financial exchanges in the world, failed.  It had no backup, and was down for more than three hours.  The financial impact had to be in the billions of dollars.  

Even as big as NASDAQ is, even though they have a pivotal role in the global economy, they failed to have a plan for disaster recovery.  How and why they recovered is still, at this writing, a mystery.  The fact that they did recover is remarkable.  Even more remarkable is the fact that it has happened to them before.  According to an article in The New York Times, the exchange has been shut down twice before when squirrels chewed through power lines, and as recently as 2011 hackers breached its computer system.

If it happened to NASDAQ, it can happen to your law firm.  As I’ve written many times before, “disaster” for a law firm is not a question of if, but rather of when. The only unknowns are what the type of disaster, when it will occur and how bad it will be.  NASDAQ was out of commission for three hours.  A burst water pipe, a fire, a natural disaster, a computer meltdown could put a law firm out of commission for three weeks, or three months.  

NASDAQ had no backup.  How about your firm? The issue isn’t just backing up data files, although that is important.  Do you have disaster recovery backups like these?

·         An internal emergency communication system for lawyers, staff, clients, vendors, and the   court, incorporating recorded hotline messages and out of area contact points.

·         A plan for temporary office space that will accommodate furnishings, computers and phones.

·         A referral arrangement with another firm that will allow you to carry on key practice matters by requesting a continuance or rescheduling a deposition.

·         A solid relationship with your banker so you can get an emergency loan.

·         An employee assistance fund to help tide staff over in the event there are no ready funds to pay them.

 If you don’t, start planning to put them in place now.  If disaster happened to NASDAQ, it can happen to you.

 

Source: http://feeds.lexblog.com/~r/LawBizBlog/~3/NeP7AOit2ik/

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Predictive Policing and the Law

Some law enforcement agencies, like the Los Angeles Police Department, are turning to crime prediction software to aid in decreasing the rising crime rate, better known as predictive policing. Weighing the advantages of these programs to reduce crime raises questions about racial profiling within specific neighborhoods and our civil liberties. Lawyer2Lawyer hosts Bob Ambrogi and Craig Williams join Dr. Jeff Brantingham, co-founder of the company, PredPol and Professor Andrew G. Ferguson from the University of the District of Columbia David A. Clarke School of Law, as they look at the legal issues surrounding predictive policing.

Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2012/09/predictive-policing-and-the-law/

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'Transformers: Age Of Extinction' Official First Look: Mark Wahlberg's Out Of Gas

Michael Bay's 'Pain and Gain' star heads up the blockbuster sequel's human cast, which includes Nicola Peltz and Jack Reynor.
By Brett White

Source:
http://www.mtv.com/news/articles/1714775/transformers-age-extinction-first-look.jhtml

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The LinkedIn Lawyer

Are you on LinkedIn? Un-Billable Hour host Attorney Rodney Dowell, Executive Director at Lawyers Concerned for Lawyers and Director of LCL’s Massachusetts Law Office Management Assistance Program chats with Dennis Kennedy, lawyer and co-host of The Kennedy-Mighell Report and Allison Shields, author of Legal Ease Blog, about their recently published book, LinkedIn in One Hour for Lawyers. Dennis and Allison talk about how attorneys are using LinkedIn, and the key features that make LinkedIn a valuable networking and client development tool without consuming all of an attorney’s time.

Source: http://legaltalknetwork.com/podcasts/un-billable-hour/2012/06/the-linkedin-lawyer/

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Josh Duhamel Gushes About Baby Axl And The Wonders Of Fatherhood

At the end of August Fergie and her husband Josh Duhamel welcomed a bouncing baby into their lives, and a little while later we got our first look at little Axl Jack. He’s quite the cutie, and the couple recently shared another photo of baby boy taking his hearing test– he’s even cuter with his [...]

Source: http://www.pinkisthenewblog.com/2013-09-30/josh-duhamel-gushes-about-baby-axl-and-the-wonders-of-fatherhood

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“Glee” Star Heather Morris Gives Birth To Baby Boy Elijah!

Actress Heather MorrisHeather Morris is a mommy now! The “Glee” actress gave birth to a baby boy on Saturday, September 28! Heather, who is known for her role as Brittany Pierce on the musical television series, named her bouncing baby boy Elijah! This is the first child for Morris and her longtime boyfriend, Taylor Hubbell, whom she ...

Copyright - Stupid Celebrities Gossip 2013. If you see this content on any other website, it has been stolen. Please report.

Source: http://stupidcelebrities.net/2013/09/glee-star-heather-morris-gives-birth-to-baby-boy-elijah/

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Transgender Family Law in the Courts

Advocates for the transgender community say this segment of the population faces an extremely difficult time in court because of bias and misunderstanding, especially in cases of parental rights and protection for transgender youth. Lawyer2Lawyer co-host and attorney, Bob Ambrogi breaks down the difficulties the transgender community faces every day with Attorney Jennifer L. Levi, the director of GLAD's Transgender Rights Project and Attorney Elizabeth E. Monnin-Browder from Ropes & Gray and a former GLAD attorney. Jennifer and Liz also discuss their new book, Transgender Family Law: A Guide to Effective Advocacy.

Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2012/05/transgender-family-law-in-the-courts/

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Michael B. Jordan May Take Over Will Smith’s Role In The ‘Independece Day’ Sequel

The other day we heard reports about the long-awaited, upcoming Tupac Shakur biopic, and I started wondering who would take on the lead role. While I was thinking someone along the lines of Nate Parker, PITNBr Megan brilliantly suggested Michael B. Jordan– who I friggen love! Best known for his roles in The Wire, Chronicle, [...]

Source: http://www.pinkisthenewblog.com/2013-09-28/michael-b-jordan-may-take-over-will-smiths-role-in-the-independece-day-sequel

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Mark Woods: Out of the frying pan, into the yoga studio (Florida Times-Union)

Share With Friends: Share on FacebookTweet ThisPost to Google-BuzzSend on GmailPost to Linked-InSubscribe to This Feed | Rss To Twitter | Law - Video News, News Feeds and News via Feedzilla.

Source: http://news.feedzilla.com/en_us/stories/law/video/328511622?client_source=feed&format=rss

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Reader Reviews

The movie tie-in edition of "20 Times a Lady"—now called "What's Your Number?"—is now available wherever fine books are sold!

To celebrate its publication, a few of my favorite readers came up with these great reviews...

"What's Your Number? is like Harry Potter minus the wizards, wands, and Lord Voldemort." —Michelle Bell

 

"‎What's Your Number? is like Gone With the Wind except with less hoop skirts and poverty and more beaus..." —Karen Meyer

 

‎"What's Your Number? is like To Kill a Mockingbird without all the racism and children." —Julie Stone

Thanks ladies!

Please add your review in the comments!

Source: http://www.prettyinthecity.com/blog/2011/9/7/reader-reviews.html

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Washington's sexual orientation discrimination amendment is not retroactive

The Washington State Supreme Court held today that a sexual orientation discrimination amendment adopted in 2006 is not retroactive.

The court also concluded that conduct that took place prior to the amendment is admissible background evidence to prove the discriminatory nature of certain conduct occurring after the amendment.

Loeffelholz v. Univ of Washington (Washington 09/13/2012)

Loeffelholz sued under the Washington Law Against Discrimination (WLAD) claiming discrimination based on sexual orientation. WLAD was amended in 2006 to include sexual orientation as a protected class, and Loeffelholz alleged several pre-amendment acts and one post-amendment act.

The Washington Supreme Court held that (1) the WLAD amendment is not retroactive and the pre-amendment conduct is not actionable as it was not unlawful when it occurred, and (2) the post-amendment allegedly discriminatory comment is arguably similar enough to the pre-amendment conduct to survive summary judgment.

Loeffelholz alleged that her supervisor between 2003 and June 2006 maintained a hostile work environment based on sexual orientation. This was prior to the WLAD amendment. Loeffelholz also alleged a single act of discrimination by this supervisor after the WLAD amendment.

The court's findings:

(1) Pre-amendment conduct is not actionable. Retroactive application of the amendment would violate the employer's due process rights. The plain language of the amendment and its legislative history indicate only prospective application.

(2) Pre-amendment conduct is admissible as background evidence to prove why the post-amendment conduct is discriminatory.

(3) The post-amendment conduct was a single statement by Loeffelholz's supervisor, who was about to be deployed to Iraq, that he was "going to come back a very angry man." The court found that a reasonable jury could infer that this comment was a natural extension of pre-amendment conduct - the supervisor's dislike of lesbians and his anger management problems as illustrated by his comments that he had a volatile temper and kept a gun. This is enough to preclude summary judgment.

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Source: http://www.lawmemo.com/blog/2012/09/washingtons_sex.html

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Sunday, September 29, 2013

With a Little Luck: A Novel

My good friend Caprice Crane's new book, With a Little Luck, is out today. Yay, Caprice!

It's gotten great reviews:

"Crane is one of the funniest writers of popular fiction around. The dialog (inner and outer) is laugh-out-loud, snort-inducing hilarious . . . Readers will want to cross their fingers and spit while throwing salt over their shoulders if it helps Berry reach her dreams. Highly recommended."

Library Journal

"Fans of Stacy Ballis and Cara Lockwood will appreciate Crane's effortlessly funny style, which is often attempted in popular fiction but is rarely this well executed...Lighthearted and charmingly honest."

—Booklist

"[A] satisfying romantic comedy...[with] real character growth."

—Kirkus Reviews

And even better blurbs:

"Romantic, poignant and funny—this book is a lucky find for lit fans. Caprice Crane is a nimble and gifted storyteller."

—Diablo Cody, Academy Award-winning screenwriter of Juno

"A hilarious romp that oozes charm and giddy fun. Caprice Crane is a true talent."

—Molly Jong-Fast, author of The Social Climber's Handbook

"Witty, fast-paced, and sheer fun. Caprice Crane is a master of dialogue. Half the time I was reading this book I was smiling, which made me look like a crazy person on the subway."

—Jancee Dunn, author of Don’t You Forget About Me and Why Is My Mother Getting a Tattoo?

"Absolutely charming and hilarious."

—Missy Peregrym, star of the movie Stick It and ABC's Rookie Blue

"With a Little Luck scores in humor, head, and heart. In other words, it’s a perfect trifecta."

—Karyn Bosnak, author of 20 Times a Lady (soon to be the major motion picture What's Your Number?)

(Omg, who is that last fantastic blurber?) (I meant every word of it.)

And most importantly, she has the cutest dog ever (who likes to video chat with Bev):

Anyway, check it out, buy it—it's fantastic!

Source: http://www.prettyinthecity.com/blog/2011/7/26/with-a-little-luck-a-novel.html

Dania Ramirez Danica Patrick Daniella Alonso Danneel Harris Deanna Russo

The Return of Black Lung and the Law

A recent investigation found the rate of miners diagnosed with Black Lung Disease is surging after nearly three decades of decline. Some blame lenient regulations, lax enforcement, even manipulation of air samples from mines. Lawyer2Lawyer co-hosts and attorneys, Bob Ambrogi and Craig Williams, get the reasons behind this shocking increase and a breakdown of Black Lung litigation from Chris Hamby, the author of the Center for Public Integrity report, and Attorney Stephen Sanders, the director of Appalachian Citizens’ Law Center.

Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2012/07/the-return-of-black-lung-and-the-law/

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Aaron Paul as ‘Breaking Bad’s’ Jesse Pinkman on Saturday Night Live! (Video)

Watch Aaron Paul as his ‘Breaking Bad’ character, Jesse Pinkman, stealing the scene on Saturday Night Live’s 39th season opener. He helps Jay Pharaoh’s President Obama tout ObamaCare, in a unique way on the Tina Fey hosted episode.




In a typical SNL cold open politically-oriented comedy skit, Jay Pharaoh portrayed an earnest President Obama at the podium, introducing one “ordinary citizen” after another who spoke of how much they were looking forward to the implementation of the Affordable Care Act i.e. ObamaCare, and explaining why.

Telling his story, in a surprise cameo appearance on the show, was Aaron Paul as his ‘Breaking Bad’ character, Jesse Pinkman. And he does have quite the story as he speaks about his unnamed friend whom we know to be none other than Bryan Cranston’s Walter White.

“Jesse” begins his tale, saying, “I had this friend and he got sick. Like, cancer sick. But because there wasn’t Obamcare, he couldn’t afford treatments. So he was like, backed into a corner.”

“President Obama” interjects: “And keep in mind, this man was a teacher with a family.”

“Jesse” continues: “So, he did what any of us would have done. He started cooking meth. And soon it wasn’t just meth. It was murder. And not regular murder. Like, he blew half a guy’s face off.”

Getting a bit more than what he asked for, “President Obama” says, “I think we can wrap this up.”

It will likely go down in the series history as one of its classic moments. And as a bonus ObamaCare opponents have something more to add to their arsenal of reasons; ObamaCare will not only kill jobs, they can say, it would also have killed “Breaking Bad!” Which of course, when you think about it would have killed a few jobs and some acting careers.

In the age of spoilers and leaks when keeping a secret is a challenge, Aaron Paul’s cameo was just that, a surprise to everyone. And what perfect timing, on the eve of the much anticipated series finale of “Breaking Bad” on AMC. We will see the end of the meth-infused saga.

Aaron Paul’s Jesse Pinkman returned later on the show first in a video segment, one of SNL’s signature TV commercial spoofs; E-Meth, on the virtues of electronic meth, a parody of the controversial e-cigarette TV ads.

Later he was back live on the “Weekend Update” segment portraying the “meth nephew” of Drunk Uncle (Bobby Moynihan) who said he was going to be his companion as he watched none other than the Sunday night “Breaking Bad” season finale!

Yes, it was the start of the 39th season of Saturday Night Live, and Tina Fey was the host and she introduced the six new cast members — Beck Bennett, Mike O’Brien, John Milhiser, Kyle Mooney, Noel Wells, and Brooks Wheelan — in her opening monologue. But it’s Aaron Paul’s ‘Breaking Bad’ cameos that will be remembered.

You can watch the videos below!







Pictures: PR Photos

Source: http://feedproxy.google.com/~r/RightCelebrity/~3/NFICvEruXf4/

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NLRB "recess" appointments were unconstitutional; Board lacked a quorum

Noel Canning v. NLRB (DC Cir 01/25/2013)

The DC Circuit this morning held that the President's attempt to make "recess" appointments of three NLRB Members was invalid under the constitution.

On February 8, 2012 the Board issued its decision finding that the employer violated the NLRA by refusing to reduce to writing and execute a collective bargaining agreement reached with Teamsters Local 760. At that time the Board purportedly had five members. Two of these had been confirmed by the Senate. Three of these were appointed on January 4, 2012, purportedly pursuant to the constitution's recess clause.

At the time of the President’s purported recess appointments, the Senate was operating pursuant to a unanimous consent agreement, which provided that the Senate would meet in pro forma sessions every three business days from December 20, 2011, through January 23, 2012. The DC Circuit held that "recess" appointments must occur during an "intersession" recess of the Senate, that is to say, the period between sessions of the Senate when the Senate is by definition not in session and therefore unavailable to receive and act upon nominations from the President.

Because the appointments were invalid, the Board lacked a quorum (three Members) and its order was "void."

Lots of chatter from all over:

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Source: http://www.lawmemo.com/blog/2013/01/nlrb_recess_app_1.html

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On 'Masters Of Sex,' Most 'Jarring' Scenes Won't Be What You Expect

'The sex in the exam rooms is always a little jarring because it's strange to watch people watch people having sex,' actor Nicholas D'Agosto says.
By Jocelyn Vena

Source:
http://www.mtv.com/news/articles/1714745/masters-of-sex-nicholas-dagosto.jhtml

Amber Arbucci Amber Brkich Amber Heard

Okla. Court: 'Baby Veronica' Should Go To Adoptive Parents

Veronica, a 4-year-old, part-Cherokee child, has been returned to her white adoptive parents. Her biological father had custody of the child for two years, but a series of courts ruled the adoption was legal.

» E-Mail This     » Add to Del.icio.us

Source: http://www.npr.org/2013/09/24/225659435/okla-court-baby-veronica-should-go-to-adoptive-parents?ft=1&f=1070

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Jimmy Fallon & Lindsay Lohan Say 'Ew' to Twerking!

Jimmy Fallon sure has been on a roll lately! Did you see his adorable Sesame Street appearance with the Roots? How about his takedown of the #hashtag with Justin Timberlake? Well, he's capping off his week of hilarity with yet another must-see video.

Source: http://www.ivillage.com/video-jimmy-fallon-lindsay-lohan-say-ew-twerking/1-a-548075?dst=iv%3AiVillage%3Avideo-jimmy-fallon-lindsay-lohan-say-ew-twerking-548075

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Who will inherit your digital assets?

I had never thought of digital assets being inherited! Wow, what an oversight. Clearly, digital property is an asset and can be passed on to the next generation. Have you thought about the goodwill represented by your Twitter account, your blog, you website and all the other digital assets you create? If not, you should because but for an affirmative act on your part, the rights to that property may be lost.

Most lawyers will pooh-pooh the idea that their electronic/digital property is worth anything ... they said this about the value of their law practice also. Many lawyers are beginning to adjust their thinking, recognizing that law practice goodwill has value ... and together, this property could be worth tens of thousands, if not hundreds of thousands, of dollars. Why should this value evaporate? Take care and plan not only your estate but also the estate of your law practice, including digital assets!

Source: http://feeds.lexblog.com/~r/LawBizBlog/~3/p7LtzSVrLDM/

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Michael B. Jordan May Take Over Will Smith’s Role In The ‘Independece Day’ Sequel

The other day we heard reports about the long-awaited, upcoming Tupac Shakur biopic, and I started wondering who would take on the lead role. While I was thinking someone along the lines of Nate Parker, PITNBr Megan brilliantly suggested Michael B. Jordan– who I friggen love! Best known for his roles in The Wire, Chronicle, [...]

Source: http://www.pinkisthenewblog.com/2013-09-28/michael-b-jordan-may-take-over-will-smiths-role-in-the-independece-day-sequel

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Alanis Morissette Sued By Nanny Over Lack of Meal Breaks, Overtime Pay

Source: http://www.thehollywoodgossip.com/2013/09/alanis-morissette-sued-by-nanny-over-lack-of-meal-breaks-overtim/

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Straight From The Hole

It's far easier to wrap your head around torture when it involves the infliction of active pain. That doesn't make passive pain, the infliction of often unbearable psychological punishment, an less torturous. And it happens regularly, and many time arbitrarily, as explained in an op-ed by Wilbert Rideau, who served 44 years for manslaughter in Louisiana.

Before you dismiss Rideau as a killer who deserved whatever he got, bear in mind that stories from the inside aren't told by saints. Every once in a while, a former inmate emerges with the erudition necessary to put into words the world that most of us never knew existed. When this happens, it's a window through which we need to look. Rideau offers a view of solitary confinement, the hole.
I know something about solitary confinement, because I’ve been there. I spent a total of 12 years in various solitary confinement cells. And I can tell you that isolating a human being for years in a barren cell the size of a small bathroom is the cruelest thing you can do to a person.

Deprived of all human contact, you lose your feeling of connectedness to the world. You lose your ability to make small talk, even with the guard who shoves your meal through the slot in the door. You live entirely in your head, for there is nothing else. You talk to yourself, answer yourself. You become paranoid, depressed, sleepless. To ward off madness, you must give your mind something to do. In 1970, I counted the 358 rivets that held my steel cell together, over and over. Every time the walls seemed to be closing in on me, I counted them again, to give my mind something to fasten on to.

Without having been there, it's likely inconceivable to understand what happens to a mind in isolation. Some of us have trouble being alone for an hour, an evening, a day. Add day upon day, year upon year. But not the way it is for us, where we still have access to television or internet, even if there is no other living person around.  No, this is completely different.

But to add insult to injury, don't leap to the assumption that if a prisoner ends up in the hole, he must have done something pretty bad to deserve it.

In a world where authorities exercise absolute power and demand abject obedience, prisoners are almost always going to be on the losing side, and they know it.

The typical inmate doesn’t want trouble. He has little to gain and too much to lose: his job, his visits, his recreation time, his phone privileges, his right to buy tuna, ramen and stale bread at inflated prices in the commissary. The ways even a bystander to the most peaceful protest can be punished are limited only by the imagination of the authorities.

Punishment can be deserved or not. There's no due process in prison. There's no one to complain to about being punished based on a false accusation, a trumped up allegation, a guard pissed off by an attitude. Authorities own the lives of prisoners, and can be as harsh as they want to be, as arbitrary as they feel like. And there isn't a damn thing you can do about it.

Rideau explains that the prison protests in California are an outgrowth of a system run amok and no other means of addressing their grievance.

And yet, sometimes things get so bad that prisoners feel compelled to protest, with work stoppages, riots or hunger strikes. On July 8, some 30,000 inmates in the custody of the California Department of Corrections went on a hunger strike to demand improvements in prison conditions. Their biggest complaint was the runaway use of solitary confinement, the fact that thousands of prisoners are consigned to this cruelty indefinitely, some for decades.

While prisoners are sentenced to incarceration, no judge sentences them to isolation for decades. There is no requirement that any neutral party review the decision to inflict this torture on another human being. It can be imposed for a sound reason or no reason at all. Who is to disagree?  But no matter what the reason or nonreason, to put a person in the hole for years, for decades, is to impose psychological torture of a terrible kind on a human being.  And there is nothing, absolutely nothing, the prisoner can do about it. 

In California, inmates did the only thing left for them to do, protest. Not too many of us care about what happened to "criminals." After all, bad dudes who did bad things to other people. A pox on them. They get what they deserve and their out of sight, out of mind.  But there is good reason to give them just a little bit of though. For one thing, they are still people, and we are still purportedly a civilized society that doesn't condone the needless brutal treatment of people. But if you lack anything remotely resembling empathy, than do it for your own sake:

Why should you be concerned about the inhumane conditions of prolonged solitary confinement, with all the social, emotional and mental deterioration that it entails? Well, every year men from California’s Pelican Bay and other supermax prisons around the nation are released directly from the vacuum of their cells into free society, to live and work among you and your loved ones. As a matter of self-preservation, maybe we should all join the prisoners’ request for rehabilitative opportunities that will improve the mental health of those in solitary.

Go say "hi" to the guy who moved in down the block kids. So what if he spent the last two decades in the hole and seems a bit odd. I'm sure he'll get over it.



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Source: http://blog.simplejustice.us/2013/07/17/straight-from-the-hole.aspx?ref=rss

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Lawyers' Duty to Know Technology?

Many lawyers say they are "good lawyers," while knowing very little about legal technology. So does that statement really compute in this technology driven world? Recent discussions about possible changes to ethical rules include requirements that lawyers stay up-to-date on technology. Explore the intersection of technology, law practice and ethical rules, along with the implications for lawyers with Dennis Kennedy and Tom Mighell on this Kennedy-Mighell Report.

Source: http://legaltalknetwork.com/podcasts/kennedy-mighell-report/2012/05/lawyers-duty-to-know-technology/

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A Look Back at Khloe & Lamar's Happier Times

As Kardashian and Odom try to weather relationship woes, look back at the reality stars' more joyous moments.

Source: http://www.ivillage.com/khloe-kardashian-and-lamar-odoms-cutest-moments/1-b-517071?dst=iv%3AiVillage%3Akhloe-kardashian-and-lamar-odoms-cutest-moments-517071

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'Cloudy With A Chance Of Meatballs 2': The Reviews Are In!

A menagerie of imaginative foodimals inject welcome visual zaniness into this epic sequel.
By Brett White

Source:
http://www.mtv.com/news/articles/1714722/cloudy-with-a-chance-of-meatballs-2-review.jhtml

Brittany Snow Brittny Gastineau Brody Dalle Brooke Burke Brooke Burns

Bench opening in Ramsey County

The Commission on Judicial Selection is now accepting applications for the seat on the Ramsey County District Court bench recently vacated by Judge Kathleen Gearin.  The seat is chambered in St. Paul. 

 The commission considers integrity, maturity, health (if job related), judicial temperament, legal knowledge, ability, experience and community service.

 Applications are available from Lee E. Sheehy, Chair of the Commission on Judicial Selection, at 130 State Capitol, 75 Rev. Dr. Martin Luther King, Jr. Blvd, St. Paul, MN 55155, or by contacting Andrew Olson, Appointments Coordinator, via e-mail at andrew.c.olson@state.mn.us. A cover letter and resume should also be submitted with the application. Application materials are due by close of business, Monday, Sept.  30, 2013. Interviews are scheduled to be held on Friday, Oct. 18, 2013, in St. Paul, Minnesota.
 
For inquiries concerning the application process, please contact Andrew Olson at andrew.c.olson@state.mn.us or at (651) 201-3413.

 

 

 

 

 

Source: http://minnlawyer.com/minnlawyerblog/2013/09/09/bench-opening-in-ramsey-county/

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Pippa Middleton's Romantic Night Out with Nico Jackson

Not feeling the paparazzi that evening, Pippa Middleton left Annabel's after attending their 50th anniversary party for Mayfair nightclub in London on Friday (September 27).

Accompanied by beau Nico Jackson, the sister of the Duchess of Cambridge wore a black jacket over her short gold dress as she covered her face while entering the awaiting vehicle.

As the happy couple are enjoying a busy social life, rumors are flying that Prince George's auntie is secretly engaged to the handsome stockbroker.

Supposedly kept under wraps to not overshadow the news of the bundle of joy, insiders say the pair have actually been betrothed since June. However, neither have confirmed the reports, choosing to keep their relationship status personal.

Source: http://celebrity-gossip.net/pippa-middleton/pippa-middletons-romantic-night-out-nico-jackson-933919

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Booting Up: New NSA Data Farm Takes Root In Utah

Even as it continues to grapple with concerns about its data-gathering operations, the National Security Agency is poised to open a massive facility where cellphone, text message, email and landline data can be stored and analyzed.

» E-Mail This     » Add to Del.icio.us

Source: http://www.npr.org/blogs/alltechconsidered/2013/09/23/225381596/booting-up-new-nsa-data-farm-takes-root-in-utah?ft=1&f=1070

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Obesity can be a disability, at least in Montana

Obesity can be a disability, at least in Montana.

Full decision: BNSF Railway v. Feit (Montana 07/06/2012)

Feit got a ruling from the Montana Department of Labor that BNSF Railway discriminated against him by refusing to hire him because BNSF regarded him as being disabled due to his obesity.

BNSF then went to federal court to get a review of whether it violated the Montana Human Rights Act (MHRA) by refusing to hire Feit because of his obesity.

The federal court then asked the Supreme Court of Montana to decide how to rule, asking this question: Is obesity that is not the symptom of a physiological condition a "physical or mental impairment" as it is used in Montana Code Annotated section 49-2-101(19)(a)?

The Montana Supreme Court answered with a qualified yes. The court answered: Obesity that is not the symptom of a physiological disorder or condition may constitute a "physical or mental impairment" within the meaning of Montana Code Annotated section 49-2-101(19)(a) if the individual's weight is outside the "normal range" and affects "one or more body systems" as defined in 29 CFR 1630.2(h)(1)(2011).

The federal court laid out these facts:

1. BNSF offered Eric Feit a conditional offer of employment as a conductor trainee. The employment was conditioned upon successful completion of a physical examination, drug screening, background investigation, proof of employment eligibility, and BNSF’s Medical History Questionnaire.

2. On February 6, 2008, BNSF informed Feit he was not qualified for his “safety sensitive” position because of the “significant health and safety risks associated with extreme obesity.”

3. BNSF told Feit he would not be considered for the job unless he either lost 10% of his body weight, or successfully completed additional physical examinations at his own expense. Regardless of the test results, BNSF did not guarantee Feit a job.

4. With the exception of a sleep study test, Feit successfully completed the additional physical exams BNSF requested. The sleep test cost at least $1,800, and Feit could not afford the test.

5. Because BNSF informed Feit that it would not consider him for the conductor trainee position unless he completed the sleep study, Feit set out to lose 10% of his weight.

6. A genuine dispute exists regarding whether BNSF received documentation of Feit’s weight loss.

The Montana Supreme Court noted that the EEOC Interpretive Guidance distinguished between conditions that were impairments and conditions that were simply physical characteristics, which suggested that a person with normal weight required a physical condition to qualify as an impairment. The court referred to the ADAAA which instructed courts that they were interpreting the statute too restrictively and expressed its specific intent that determination of disability not demand extensive analysis (122 Stat. at 3553-54).

The DISSENT noted that the definition of a "physical and mental impairment" included "any physiological disorder, or condition" that affects a major system of the human body (29 CFR 1630.2(h)(1)), and argued that the plain meaning required a physiological condition be present before an impairment existed.

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Source: http://www.lawmemo.com/blog/2012/07/obesity_can_be.html

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What's Your Number? Premiere!

The What's Your Number? premiere is tonight in Los Angeles! I have my dress and I'm super excited!

I'm gong to be tweeting live from the red carpet at 6:30 PM PST for US Weekly magazine, so make sure to follow them and me on Twitter:

@usweekly

@karynbosnak

Source: http://www.prettyinthecity.com/blog/2011/9/19/whats-your-number-premiere.html

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Saturday, September 28, 2013

NSSTA’s Take the Hill

This past April, members of National Structured Settlement Trade Association (NSSTA) decided to "Take the Hill". They headed to Capitol Hill for meetings with members of Congress and senior Congressional staff to discuss important public policy and the economic security benefits of structured settlements. Ringler Radio host, Larry Cohen talks to Ringler colleagues, Peter Early and Erin Muller about their experience at "Take the Hill" and their mission to educate our elected officials on the benefits of structured settlements.

Source: http://legaltalknetwork.com/podcasts/ringler-radio/2012/07/nsstas-take-the-hill/

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Around the Web…

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Source: http://feeds.celebritybabies.com/~r/celebrity-babies/~3/5MRZawAMZx8/

Jessica Paré Jessica Simpson Zooey Deschanel

Stranger Danger

My sister recently had a talk with my four-year-old nephew Jack about strangers. Here's how it went:

SISTER: Now, Jack, if a stranger says, "Come here, I want to show you something," what do you do?

JACK: I turn around and run!

SISTER: If a stranger says, "Come here, I want to give you some candy," what do you do?

JACK: I turn around and run!

SISTER: If a stranger says, "Come here, I want to show you my puppy," what do you do?

JACK: Oh, I love puppies...

Source: http://www.prettyinthecity.com/blog/2011/7/26/stranger-danger.html

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