Month: January 2020

State of the State: Washington Regulators Turning a New Leaf (Half 2)

State of the State: Washington Regulators Turning a New Leaf (Half 2)

In Half 1  of this two-part collection we mentioned the Washington State Liquor and Hashish Board’s (“LCB”) new guidelines stemming from SB 5318, which handed final yr and compelled the LCB to transition from an enforcement-first coverage to a compliance-first coverage when dealing with violations. We […]

Lawyer charged with homicide conspiracy in Jennifer Dulos case; Rod Rosenstein joins BigLaw

Lawyer charged with homicide conspiracy in Jennifer Dulos case; Rod Rosenstein joins BigLaw

House Day by day Information Afternoon Briefs: Lawyer charged with homicide… Information Roundup By Debra Cassens Weiss January eight, 2020, three:39 pm CST Former Deputy Lawyer Normal Rod Rosenstein. Lawyer for husband of lacking girl is charged with homicide conspiracy A lawyer in Connecticut has […]

Friday round-up – SCOTUSblog

Friday round-up – SCOTUSblog


Posted Fri, January 31st, 2020 6:36 am by Edith Roberts

At The Atlantic, Garrett Epps seems on the story behind a state constitutional provision relied on by Montana in Espinoza v. Montana Division of Income to invalidate a tax-credit program benefiting households who ship their youngsters to non-public colleges, together with spiritual colleges, contending that “to strike down a part of a state structure due to this historical past raises disturbing questions.” Further commentary comes from Holly Holman in an op-ed at The Hill, who argues that “[o]ur nation’s expertise for greater than 200 years demonstrates that spiritual liberty is finest protected when the federal government avoids funding spiritual train.” At Structure Every day, Jackie McDermott summarizes a debate between “two advocates who’ve labored on and written concerning the case.”  [Disclosure: Goldstein & Russell, P.C., whose attorneys contribute to this blog in various capacities, is among counsel on an amicus brief in support of the respondents in Espinoza.]
Briefly:
Ariane de Vogue experiences at CNN that “up to now, because the halfway level of the time period approaches, the general public has been left with hardly any clues in regards to the path of the court docket, … as a result of the justices seem like transferring extra slowly than in recent times, having issued solely 4 opinions since October — a 50% lower from this time final 12 months.”
For The Wall Avenue Journal (subscription required), Jacob Gershman experiences that “[l]awyers for the [Louisiana] legal professional normal’s workplace devised an unusually aggressive authorized technique to defend itself in a collection of lawsuits difficult the constitutionality of the state’s regulation of abortion suppliers,” “partly to bolster an argument that, if profitable on the Supreme Court docket this spring, might upend abortion litigation nationwide: Louisiana says abortion suppliers don’t have sufferers’ finest pursuits in thoughts and subsequently shouldn’t be allowed to sue on ladies’s behalf.”
At Nationwide Assessment, Alexandra DeSanctis weighs in on Little Sisters of the Poor Saints Peter and Paul Dwelling v. Pennsylvania, a problem to the federal authorities’s growth of the “conscience exemption” to the Reasonably priced Care Act’s birth-control mandate, arguing that “this newest spherical of the lawsuit, just like the mandate itself, isn’t about guaranteeing that girls have entry to contraception[:] It’s about leveling spiritual believers merely as an example that everybody, no matter their creed, should adjust to the federal government’s secular imaginative and prescient for society.”
In an op-ed at Newsweek, Alida Garcia warns that “[ICE] admits it’s reopening beforehand closed elimination circumstances of DACA recipients, [which] might permit [the agency] to begin detaining and deporting folks as rapidly as attainable if the Supreme Court docket offers it the inexperienced mild” in Division of Homeland Safety v. Regents of the College of California.
Within the newest episode of Legislation360’s The Time period podcast, Jimmy Hoover and Natalie Rodriguez focus on Justice Neil “Gorsuch’s assault on the slew of nationwide injunctions that decrease courts have been issuing towards the Trump administration,” “speak about what the justices are doing with their winter break and provides an replace on some circumstances to observe on the excessive court docket’s ‘shadow docket.’”
For The Washington Publish (subscription required), Tim Carman tries the pizza within the Supreme Court docket cafeteria so that you don’t need to, writing that “if these new pies had been circumstances earlier than the court docket, the justices would rule them unconstitutional.”
We rely on our readers to ship us hyperlinks for our round-up. You probably have or know of a latest (printed within the final two or three days) article, submit, podcast or op-ed referring to the Supreme Court docket 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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Turning into Not Deutsche Financial institution Is Very Costly

Turning into Not Deutsche Financial institution Is Very Costly

That final yr was a foul one for Deutsche Financial institution ought to come as no shock. For one, it’s Deutsche Financial institution. For an additional, the regular drumbeat of catastrophe emanating from the Taunusanlage ought to have been a clue: unhealthy financial institution items, […]

H&M Prevails in Newest Spherical of Practically 25-12 months Lengthy Struggle In opposition to adidas Over Stripes — The Style Legislation

H&M Prevails in Newest Spherical of Practically 25-12 months Lengthy Struggle In opposition to adidas Over Stripes — The Style Legislation

Talking on the time, adidas’s affiliate common counsel Tim Behean revealed that at the very least a few of the hazard in H&M’s striped choices stemmed from the truth that adidas’s three-stripe trademark is likely one of the most well-known marks on this planet. “The […]

Will China Actually Purchase Extra U.S. Hemp? There may be No Assure

Will China Actually Purchase Extra U.S. Hemp? There may be No Assure


Two main President Trump-centric occasions have been unfolding these previous few weeks, and every has alternatingly claimed the limelight and been overshadowed by the opposite. First, we have now the continued Senate impeachment hearings, which started January 16, and second, section one of many U.S.-China commerce deal, which was signed and made public on January 15.
With respect to the commerce deal, sure commentators have highlighted the looks of hemp within the settlement. One outstanding marijuana publication printed an article the day after the commerce settlement was made public, on January 16, claiming that, “China Should Import Extra Hemp From U.S. Below New Commerce Deal.” That’s an excessively beneficiant interpretation. We’ll examine and make clear that optimistic declare under. The brief gloss is that China could purchase extra hemp from the U.S. below the brand new commerce deal, however China is unquestionably not obligated to purchase extra (or any) U.S. hemp on account of the commerce deal.
Regardless that China has been each formally and unofficially producing hemp for hundreds of years, U.S. hemp is, like most U.S. merchandise and even agricultural commodities, enticing to Chinese language companies and shoppers. Like many sectors the place China is working a 996 schedule to catch up and overtake the U.S. as the worldwide financial superpower, China and Chinese language corporations are actively pursuing moral and unethical methods to accumulate U.S. expertise and know-how, together with our greatest agricultural practices, commerce secrets and techniques, and the perfect crops our hemp geneticists can produce.
As I famous in a previous weblog publish, China has an outsized function in world hemp manufacturing, and Chinese language corporations personal roughly half of the worldwide hashish patents. However it’s attention-grabbing that China has not but matured in large-scale means from the labor-intensive rising and processing of hemp to the technology-intensive manufacturing of cannabinoids (like CBD, CBG, and CBN) and cannabinoid-derived merchandise. At present, China solely accounts for about 11% of the CBD produced globally, however as extra world markets and shoppers speak in confidence to hemp-derived merchandise, China will exert its affect. Frankly, it’s doubtless unattainable for China to deal with 1/7 of the world’s inhabitants and never have an effect on world markets by the mere dialogue of a change in authorities help for China-based industries, corporations, and merchandise.
Now to the phrases of the commerce settlement. The section one portion of the commerce settlement covers the final classes of mental property (together with pharmaceutical-related mental property that’s quickly changing into floor zero for the battle between massive pharma/biotech and pure merchandise corporations), pressured expertise transfers, commerce in meals and agricultural merchandise, agricultural biotechnology, monetary providers, macroeconomic insurance policies and change price issues, increasing commerce usually, and bilateral analysis of the commerce relationship and dispute decision.
Many commentators have expressed doubts that the commerce settlement is nice for the U.S. or that it’s going to do something past merely extending the rollout of the subsequent spherical of tariffs post-the November presidential election on the way in which towards near-total decoupling between the U.S. and China. But when we take the phrases of the commerce settlement at face worth, in 2020, China should enhance its importation of “agricultural items . . . a minimum of $12.5 billion above the 2017 corresponding baseline,” and in 2021, “a minimum of $19.5 billion above the 2017 corresponding baseline.” Additionally, a footnote within the settlement says, “On the request of america, China will try to buy and import $5 billion per yr of the U.S. agricultural merchandise…along with the minimal quantities set forth herein.”
Regardless that this “import” assertion shouldn’t be binding, it might characterize further purchases of agricultural items. Within the settlement, we discover “true hemp (hashish sativa l.), uncooked or processed however not spun; tow and waste of true hemp (together with yarn waste and garnetted inventory)” as considered one of 216 classes of agricultural commodities of which China is required to extend its purchases. If I had been a gambler, I might not take these 1/216 odds (lower than half of 1%) that China’s elevated agricultural purchases are assured to considerably affect the U.S. hemp trade. That 1/216 equals roughly $90 million of elevated purchases in 2020, which might account for a roughly 7% enhance within the projected 2020 U.S. hemp trade, which total is projected to develop at 14% compounded annual development by means of 2022. Chinese language corporations might simply as simply resolve they wish to purchase $90 million extra human hair, which can be one of many 216 agricultural items on the checklist with hemp. U.S. corporations desirous to export hemp to worldwide markets is an order of magnitude bigger than these prepared to analysis and put forth the funding so as to take action.
In a future publish I’ll delve extra deeply into the mental property implications of the commerce deal on the U.S. and world hashish (together with hemp) industries. China has an enormous head begin in hashish patents in comparison with each different nation, however I feel that western nations, particularly the U.S., are notably good at catching up, particularly if Sputnik was any indication of what we’re able to once we are motivated to make important developments in any space we see as strategically necessary. Within the meantime, don’t maintain your breath that this section one commerce deal might be a windfall for U.S. hemp farmers.
In case you are thinking about maintaining with China-focused authorized developments, verify us out on our award-winning China Regulation Weblog.



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Does the truthful use doctrine apply to Andy Warhol’s pop artwork?

Does the truthful use doctrine apply to Andy Warhol’s pop artwork?

By Eldon L. Ham The acclaimed “Andy Warhol—From A to B and Again Once more” exhibit of greater than 400 of Andy Warhol’s works has been making the rounds from New York to San Francisco to Chicago. Even informal observers have a way of Warhol’s […]

Symposium: Abortion: A proper in identify solely?

Symposium: Abortion: A proper in identify solely?

Posted Wed, January 29th, 2020 1:00 pm by Jennifer Dalven Jennifer Dalven is the director of the Reproductive Freedom Challenge on the ACLU, which filed an amicus transient in help of the petitioner in June Medical Providers v. Gee. Is the Supreme Courtroom going to […]

Practice Automotive At Northern Border Stuffed With Counterfeited Million (In One-Greenback Payments) Begs For A ‘Fargo’ Season

Practice Automotive At Northern Border Stuffed With Counterfeited Million (In One-Greenback Payments) Begs For A ‘Fargo’ Season



If you happen to’re fortunate sufficient to have a $100 invoice in your pockets, take it out and take a look at all these stunning anticounterfeiting security measures designed to maintain your cash protected. It’s received that trippy blue safety ribbon with textured pictures of bells and 100s, a picture of a bell in an inkwell that modifications coloration within the mild, and naturally the watermark that’s now iconic to U.S. foreign money. Ben Franklin’s refined half-smirk is effectively positioned, virtually like he is aware of somewhat one thing you don’t.
Now take a peek at a twenty. Whereas the $100 invoice is probably the most counterfeited U.S. denomination abroad, right here at residence, the $20 invoice is extra continuously counterfeited than its companion notes. Nonetheless a powerful feat of printing and design, the $20 invoice has all of the security measures which have turn out to be roughly ubiquitous on U.S. foreign money, together with the twist of a shifting coloration palette which fades from inexperienced to peach and again once more. It doesn’t characteristic an image of Harriet Tubman because of Steve Mnuchin, however hey, nonetheless a fairly handsome banknote from a design perspective.
Lastly, pull out a one. Soggy, torn, inexperienced ink smeared throughout it in tones that appear to vary wildly from one invoice to the following, it appears like one thing you blew your nostril into. Would anybody trouble to make a faux model of one thing that appears so despondent within the first place?
Sure, it seems they’d. Worldwide Falls, Minnesota, maybe greatest recognized for its unofficial motto, “Oh God it’s so chilly I can’t really feel my face,” and because the birthplace of my redheaded buddy Andy, now has a brand new declare to fame: the tip of the road for a world counterfeit foreign money smuggling operation.
Final week, U.S. Customs and Border Safety seized 45 cartons of counterfeit U.S. foreign money with a face worth of $900,000 — in faux one-dollar payments — on the U.S.-Canada border on the Worldwide Falls Port of Entry. If you happen to’re questioning what a cargo of practically 1,000,000 bucks in faux ones appears like, effectively, it appears like a bunch of cardboard packing containers stacked up on pallets that stand well-above waist degree. That’s numerous singles.
The bogus cash was present in a business rail cargo, which authorities say originated in China. It actually makes one marvel what the plan was going to be if and when the cargo reached its vacation spot. How do you launder virtually 1,000,000 bucks in faux singles? Do you simply go them out as tricks to baristas for the following 57 years? Possibly you convey a small military of complicit hotdog distributors into the fold? I’m fairly positive you’re not going to simply get a hand truck and wheel 45 packing containers filled with ones right into a financial institution. And why 45 packing containers, anyway? If you happen to do the maths, that’s 20,000 singles per field. Did somebody get sticky fingers between right here and China and run off with the opposite 5 packing containers? Or did the printer determined she or he may get away with delivery $900,000 in faux $1 banknotes, however attempting to ship an excellent million was simply too dangerous?
Maybe you’re questioning, like I used to be, whether or not this crime may even be definitely worth the printing prices. Nicely, if the presumably Chinese language counterfeiters behind this daring low-rent forgery ring are no less than as environment friendly because the U.S. authorities, it may certainly be price their time. It solely prices the federal government 5.5 cents to print every one-dollar buck. That is about half of what it prices the Division of the Treasury to print the bigger payments as much as the $100 denomination, and a couple of third of what it prices to print a $100 invoice, as a result of $1 payments haven’t been redesigned in a long time and lack the marginally dearer security measures of the bigger payments.
Apparently the fourth season of the hit collection “Fargo” is already set to air in 2020, but when the showrunners want some concepts for season quantity 5, they want look no additional. Midwestern crime tales don’t get far more absurd and charmingly quirky than $900,000 in counterfeit one-dollar payments in a prepare automotive in Worldwide Falls.
Jonathan Wolf is a litigation affiliate at a midsize, full-service Minnesota agency. He additionally teaches as an adjunct writing professor at Mitchell Hamline College of Legislation, has written for all kinds of publications, and makes it each his enterprise and his pleasure to be financially and scientifically literate. Any views he expresses are most likely pure gold, however are nonetheless solely his personal and shouldn’t be attributed to any group with which he’s affiliated. He wouldn’t wish to share the credit score anyway. He might be reached at jon_wolf@hotmail.com.



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Requested About Amazon, LVMH Head Bernard Arnault Talks Counterfeits, “Ties to Organized Crime” — The Trend Legislation

Requested About Amazon, LVMH Head Bernard Arnault Talks Counterfeits, “Ties to Organized Crime” — The Trend Legislation

A number of years after LVMH Moët Hennessy Louis Vuitton chief monetary officer Jean-Jacques Guiony advised traders that there’s “no means we will do enterprise with [Amazon] in the intervening time,” stating that the “enterprise of Amazon doesn’t match with LVMH full cease and it doesn’t […]