Month: September 2019

Water Rights Are Nonetheless a Main Concern for California Hashish Operators

Water Rights Are Nonetheless a Main Concern for California Hashish Operators

Final week, the California Water Boards requested on Twitter to business hashish cultivators in Mendocino, Trinity, and Humboldt Counties (the “Emerald Triangle”) that, “if you’re among the many 270 of us who obtain a licensed letter stating you lack applicable permits, please reply to our […]

Judges rule in opposition to US in three immigration instances, together with its bid to indefinitely detain kids

Judges rule in opposition to US in three immigration instances, together with its bid to indefinitely detain kids

Residence Day by day Information Judges rule in opposition to US in three immigration instances,… Immigration Regulation By Debra Cassens Weiss September 30, 2019, 10:46 am CDT Picture from Shutterstock.com. Federal judges dominated in opposition to the Trump administration Friday in three instances difficult its […]

Monday round-up – SCOTUSblog

Monday round-up – SCOTUSblog


Posted Mon, September 30th, 2019 7:08 am by Edith Roberts

At Forbes, Nick Sibilla writes that the courtroom’s choice this time period in Hernandez v. Mesa, a case arising from a Mexican household’s efforts to carry a U.S. Border Patrol agent responsible for the taking pictures loss of life of their son, who was on the Mexican aspect of the border, might “have a drastic influence on victims who wish to maintain federal officers personally accountable for violating the Structure.” At The Atlantic, Leah Litman argues that “if there are not any treatments for violations of constitutional rights, then it’s not clear that there are constitutional rights both.”
In an op-ed for USA As we speak, Anita Milanovich argues that in R.G. & G.R. Harris Funeral Houses Inc. v. Equal Employment Alternative Fee, during which the courtroom will determine whether or not federal employment discrimination legislation bars discrimination towards transgender individuals, the Supreme Courtroom “shouldn’t tackle Congress’s job and reinvent the that means of “intercourse”[:] Doing so would essentially redefine what it means to be a ‘woman’ or a ‘girl’ by judicial fiat and inject confusion, if not chaos, onto the observe and the sector, into the pool and the locker room.” [Disclosure: Goldstein & Russell, P.C., whose attorneys contribute to this blog in various capacities, is counsel on an amicus brief in support of respondent Stephens in this case.] At The Atlantic, Garrett Epps observes that how the courtroom resolves Harris and two instances that ask whether or not sexual-orientation discrimination is roofed by the federal legislation “will reveal an excellent deal concerning the constancy of the conservatives to” textualism, “a concept a number of of them espouse.” Lisa Eager previews all three instances at Eager Information Service.
Briefly:
For The New York Instances, Adam Liptak notes that in three current instances during which the Supreme Courtroom denied functions for a keep of execution, “just one member of the courtroom bothered to write down an opinion, to provide a touch about what was at stake[:] That was Justice Sonia Sotomayor, who maintains a type of vigil within the capital instances different justices deal with as routine.”
At E&E Information, Pamela King experiences that “[a]s disputes over key Trump administration environmental actions crescendo within the decrease courts, the nation’s highest bench is filling out its calendar with a small set of instances that would have main impacts on water allowing, Superfund cleanups and tribal lands.”
At Take Care, Mary Bonauto and Shannon Minter level out the resemblances between June Medical Companies v. Gee, which asks whether or not a choice upholding Louisiana’s legislation requiring physicians who carry out abortions to have admitting privileges at a neighborhood hospital conflicts with the Supreme Courtroom’s 2016 ruling in Entire Girl’s Well being v. Hellerstedt, and Pavan v. Smith, during which the courtroom two years in the past struck down an Arkansas legislation that required the names of each moms and dads on delivery certificates however not the names of each mother and father in same-sex marriages as inconsistent with Obergefell v. Hodges.
Fox Information has an op-ed from Barronelle Stutzman, the florist whose refusal on spiritual grounds to design flowers for a same-sex wedding ceremony is on the root of the cert petition in Arlene’s Flowers v. Washington.
On the Washington Authorized Basis weblog, Lawrence Ebner seems to be at 4 selections from final time period “that reveal, in a wide range of contexts, the justices’ present considering on the function and software of stare decisis.”
At Forbes, Nick Sibilla notes that “[o]ne of the nation’s longest-running meals fights might quickly be headed to the U.S. Supreme Courtroom” because the justices think about a cert petition urging them “to strike down Chicago’s GPS monitoring requirement” for meals vehicles as a violation of the Fourth Modification.
We rely on our readers to ship us hyperlinks for our round-up. You probably have or know of a current (revealed within the final two or three days) article, put up, podcast or op-ed regarding the Supreme Courtroom that you simply’d like us to contemplate for inclusion within the round-up, please ship it to roundup [at] scotusblog.com. Thanks!
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Monday round-up,
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Monday round-up

 



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The Future Of An Business: A Look At How Far Litigation Finance Has Come And How It Will Proceed To Evolve

The Future Of An Business: A Look At How Far Litigation Finance Has Come And How It Will Proceed To Evolve

Final week, I attended the 2nd Annual LF Dealmakers Discussion board, a gathering of business leaders aimed toward advancing the burgeoning subject of litigation finance. An esteemed record of attendees from litigation funders, legislation companies, firms, buyers, and institutional advisors obtained collectively for the second […]

Kering Says Allegations of Ongoing Tax Evasion Probe Are “Nothing New” — The Trend Regulation

Kering Says Allegations of Ongoing Tax Evasion Probe Are “Nothing New” — The Trend Regulation

The headline-making investigation of Kering that centered on its marquee Gucci model could have settled this spring when the Paris-based conglomerate agreed at hand over $1.four billion in unpaid taxes, however the  since-settled probe is allegedly removed from over. In keeping with Bloomberg, on the heels […]

Hemp-CBD Throughout State Traces: Kansas

Hemp-CBD Throughout State Traces: Kansas


The Agriculture Enchancment Act of 2018 (“2018 Farm Invoice”) legalized hemp by eradicating the crop and its derivatives from the definition of marijuana beneath the Managed Substances Act (“CSA”) and by offering an in depth framework for the cultivation of hemp. The 2018 Farm Invoice offers the US Division of Agriculture (“USDA”) regulatory authority over hemp cultivation on the federal degree. In flip, states have the choice to take care of major regulatory authority over the crop cultivated inside their borders by submitting a plan to the USDA.
This federal and state interaction has resulted in lots of legislative and regulatory adjustments on the state degree. Certainly, most states have launched (and adopted) payments that will authorize the industrial manufacturing of hemp inside their borders. A smaller however rising variety of states additionally regulate the sale of merchandise derived from hemp.
In mild of those legislative adjustments, we’re presenting a 50-state sequence analyzing how every jurisdiction treats hemp-derived cannabidiol (“Hemp CBD”). Every Sunday, we summarize a brand new state in alphabetical order. Immediately, we flip to Kansas.
In 2018, Kansas legislators enacted the Various Crop Analysis Act (“Act”), which authorizes the cultivation of business hemp for analysis functions solely and is overseen by the Kansas Division of Agriculture (“KDA”). To implement the Act, the KDA issued rules that went into impact on February eight, 2019.
In Could 2019, Governor Jeff Colyer signed into regulation Senate Substitute for Home Invoice (“HB”) 2167, which authorizes the industrial sale of hemp and hemp merchandise containing lower than zero.three% THC, pursuant to the 2018 Farm Invoice, and ensures that hemp and hemp merchandise are not handled as managed substances.
Consequently, the Act was formally renamed the “Business Industrial Hemp Act” however will stay in impact till the KDA establishes the industrial manufacturing of business hemp within the state or a federal plan by the USDA permitting for the cultivation and manufacturing of economic industrial hemp is adopted, whichever happens first.
With this in thoughts, the next sections tackle the present guidelines beneath the Act and the long run rules beneath HB 2167.
State License or Allow Standing
Act: At present, the KDA requires every particular person who’s rising, processing, promoting and distributing hemp to acquire a license. Notice that the principles don’t present whether or not a license is required to fabricate, promote and distribute Hemp-CBD merchandise. Nonetheless, in Could 2018, Governor Jeff Colyer signed laws amending the state’s legal code to exclude CBD from the state’s definition of marijuana, which signifies that the sale of Hemp-CBD merchandise is allowed if the oil incorporates no THC.
HB 2167: Though HB 2167 offers the KDA the authority to watch and regulate the industrial manufacturing of hemp throughout the state, the brand new regulation doesn’t present whether or not a license can be required to promote and distribute Hemp-CBD merchandise. The brand new regulation can also be unclear about whether or not sure classes of Hemp-CBD merchandise which may be lawfully manufactured, marketed, distributed, or offered within the state. HB 2167 expressly bans Hemp-CBD smokable merchandise in addition to teas, liquids, solids, and different hemp merchandise supposed for human consumption containing any ingredient derived from hemp and prohibited by the Kansas Meals, Drug, and Beauty Act. Nonetheless, the brand new regulation additionally states that it doesn’t explicitly prohibit using Hemp-CBD substances, equivalent to CBD oil, in such hemp merchandise.
PossessionKansas doesn’t have Hemp-CBD legal guidelines or medical marijuana legal guidelines. Nonetheless, as beforehand said, Kansas regulation eliminated CBD merchandise freed from THC from the state’s definition of marijuana. Not like CBD-exemption legal guidelines enacted in different states, Kansas regulation permits all adults, not simply these with certified medical circumstances, to own and buy CBD merchandise containing no THC.
Transportation
Act: The KDA requires people who transport hemp to acquire a analysis distributor license. Nonetheless, the principles don’t present whether or not a license is required to move Hemp-CBD merchandise that comprise THC.
HB 2167: Neither HB 2167 nor the proposed guidelines from KDA tackle this situation.
Advertising/Promoting Rules
Act: The Act doesn’t impose restrictions on advertising and marketing or promoting of hemp or hemp merchandise beneath the analysis program.
HB 2167: The brand new regulation bans the advertising and marketing of all Hemp-CBD merchandise prohibited within the statute and listed above.
In enacting HB 2167, Kansas confirmed a want to supply the Kansas hemp neighborhood with a chance to satisfy its financial potential. Nonetheless, to succeed in this goal, the state might want to make clear its insurance policies relating to the manufacture, distribution, advertising and marketing and sale of Hemp-CBD merchandise.
Keep tuned to the Canna Regulation Weblog for developments on hemp and Hemp CBD in Kansas and different states throughout the nation. For earlier protection on this sequence, try the hyperlinks beneath:



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Decide ‘already mad’ over authorities’s refusal to reveal info to taking pictures survivors

Decide ‘already mad’ over authorities’s refusal to reveal info to taking pictures survivors

Dwelling Each day Information Decide ‘already mad’ over authorities’s… Trials & Litigation By Amanda Robert September 27, 2019, 1:08 pm CDT Picture from Shutterstock.com A federal decide in San Antonio stormed out of his personal courtroom and sanctioned Division of Justice attorneys Wednesday after they […]

Petitions of the week – SCOTUSblog

Petitions of the week – SCOTUSblog

Posted Fri, September 27th, 2019 9:37 am by Andrew Hamm This week we spotlight petitions pending earlier than the Supreme Court docket that tackle, amongst different issues, the constitutionality of Ohio’s elevated burden of proof for sure felony defendants in search of a brand new […]

Lawyer Begs To Be Disbarred In Obnoxious Letter To Bar Self-discipline Authorities, Will get What He Needs

Lawyer Begs To Be Disbarred In Obnoxious Letter To Bar Self-discipline Authorities, Will get What He Needs




Please don’t kill timber, waste taxpayer assets and ODC personnel on me. ODC has no credibility or legitimacy to me. Or the drivel you generate. You might be merely dishonest attorneys who do nothing to manage dishonest attorneys. And racists as well. Fairly than losing time, cash, and paper in your sophistries, please disbar me. Disbarment by ODC can be an honor. So far, except for competing within the triathlon world championships, my best honors are my PhD from UCLA and my legislation diploma from Boalt. However a disbarment letter from ODC can be framed and go up proper alongside these diplomas. Please do me the glory of disbarring me. I can be so very very proud.
— Quickly-to-be disbarred legal professional Glenn Stephens, in an e-mail despatched to the D.C. Workplace of Disciplinary Counsel, the place he “unequivocally, and colorfully, sought to be disbarred,” slightly than reply to or take part in any of the 4 discplinary issues that had been introduced towards him throughout his time investigating employment complaints on the U.S. Division of Agriculture. Earlier this week, D.C. Court docket of Appeals Board on Skilled Duty fortunately obliged Stephens, recommending that he be “disbarred with out an evaluation of the deserves of his case” as a result of his “clear request that he be disbarred.”
Staci Zaretsky is a senior editor at Above the Legislation, the place she’s labored since 2011. She’d love to listen to from you, so please be at liberty to e-mail her with any suggestions, questions, feedback, or critiques. You may comply with her on Twitter or join along with her on LinkedIn.



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We Do “Not Use Stripes Merely as a Design Ingredient” — The Trend Legislation

We Do “Not Use Stripes Merely as a Design Ingredient” — The Trend Legislation

And even when the three-stripe mark have been getting used ornamentally, “which it isn’t,” per adidas, it, nonetheless, serves as “a powerful and well-known supply indicator” that identifies and distinguishes adidas’ merchandise from others, and thus, warrants safety, as “a decorative mark is protectable if […]