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'Holding our breath': Fishermen angered by Hawkesbury Shelf proposed marine park designation

The fishing industry and enthusiasts are warning a NSW Government's plan to designate the Hawkesbury Shelf marine area a marine park could destroy their livelihoods and lifestyles.




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Rod Bower, the billboard priest from Gosford, to run for Senate on asylum seeker, climate issues

Best known for his provocative signs, Father Rod Bower from the NSW Central Coast announces plans to run for the Senate as an independent candidate.




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BackTrack hopes to provide alternative education for 60 students left in limbo after Eagle Arts closure

BackTrack, an organisation dedicated to helping disengaged youth, wants to provide education for 60 students in NSW's far west who were left in limbo when their alternative school shut down.




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Perth Glory spoils Western United's A-League home debut by snatching late draw

A-League newcomers Western United draws its first home game, 1-1 against Perth, as the The F3 Derby between the Central Coast Mariners and Newcastle Jets ends in the same scoreline.




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Australia's competitive rabbit hoppers aim for new heights in international competition

The niche sport, which puts leads on rabbits to guide them through horse-jumping-style events, is growing in popularity and it is hoped may soon reach an elite level.




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Aunty Flo Grant's death prompts renewed call for highway to be named after Wiradjuri nation

The death of one of the fiercest advocates for changing the name of the Mid Western Highway to Wiradjuri Way prompts renewed calls for change.




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NSW Nationals leader John Barilaro says 'green tape' hindering water security amid drought crisis

The NSW Nationals leader John Barilaro says "green tape" is standing in the way of long-term solutions to the drought crisis, and suggests the state could borrow money to reshape water infrastructure.




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Natural mineral pools provide double benefit of therapeutic effect and tourist dollars

Taking the waters of a mineral pool is a long, human tradition, and today it is often grey nomads seeking out their reputed healing and bubbling waters.





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Farmers are demanding answers after NSW drought coordinator sacked

Only a year into the job, with the drought still gripping NSW, the drought coordinator has been sacked, and farmers are demanding answers.




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An immigration nation

Prime Minister Malcolm Turnbull once described Australia as an 'immigration nation'. What do you think he meant by that? Do you agree?

Watch four very different people speak about their experiences as first- and second-generation migrants. What were some reasons they or their parents migrated to Australia?




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Augusta National donates 2,000 pounds of Masters food to charity




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Forbes deems Penguins faithful most passionate NHL fans




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NHL, NHLPA announce postponement of 2020 international games




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Capitals terminating Leipsic's contract after messages leaked




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Natalie Wood's daughter discusses the speculation surrounding her mother's death: 'I've always had closure'

Robert Wagner presents his side of the story in "Natalie Wood: What Remains Behind," the HBO documentary produced by Wood's daughter Natasha Gregson Wagner.





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Natalie Wood's daughter shares stories of her mother's classic movies from 'Rebel Without a Cause' to 'West Side Story'

Natasha Gregson Wagner reflects on her personal memories of Natalie Wood's life and career on Mother's Day weekend.





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USA Hockey names Providence's Nate Leaman head coach for next WJHC




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Franklin: College football reopening 'needs to be national or not at all'




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American Constitution Society wins national award

A student group at The Ohio State University Moritz College of Law has been recognized for its outstanding programming by the American Constitution Society for Law and Policy.




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Speaking of Awards: IBM India Research Lab honored with National Award for Technological Innovation.

The Ministry of Social Justice and Empowerment in India recently presented its National Award for Technological Innovation to the IBM India Research Lab for Project Spoken Web.




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October is National Disability Employment Awareness Month. IBM honored with award from USBLN

The USBLN 2010 Annual Leadership Awards highlighted employer achievements in seven categories, including supplier diversity and market share. IBM was among those honored, receiving the "Employee Resource Group (ERG) of the Year" award for exemplary strategies to advance disability inclusiveness in the workplace, marketplace and supply chain.




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Flynn and the Anatomy of a Political Narrative

The FBI coordinated very closely with the Obama White House on the investigation of Michael Flynn, while the Obama Justice Department was asleep at the switch. That is among the most revealing takeaways from Thursday’s decision by Attorney General Bill Barr to pull the plug on the prosecution of Flynn, who fleetingly served as President Trump’s first National Security Advisor. Flynn had been seeking to withdraw his guilty plea to a false-statements charge brought in late 2017 by Special Counsel Robert Mueller.While working on the Trump transition team in December 2016, Flynn spoke with Russian ambassador Sergey Kislyak, in conversations that were intercepted by our government (because Russian-government operatives, such as Kislyak, are routinely monitored by the FBI and other U.S. intelligence agencies). Among the topics Flynn and Kislyak discussed was the imposition of sanctions against Russia, which President Obama had just announced.That these conversations took place has been known for over three years -- ever since a still-unidentified government official leaked that classified information to the Washington Post. For almost as long, it has been known that the FBI became aware of the Flynn–Kislyak discussions very shortly after they happened. What was not known until this week was that then–acting attorney general Yates was out of the loop. She found out about the discussions nearly a week afterwards -- from President Obama, of all people.This was at a White House pow-wow on January 5, 2017. That was the day when the chiefs of key intelligence agencies briefed top Obama White House officials on their assessment of Russia’s meddling in the campaign. After the main briefing, the president asked Yates and FBI director James Comey to stick around to meet with him, along with Vice President Biden and National Security Advisor Susan Rice. Yates was taken aback when Obama explained that he had “learned of the information about Flynn” and his conversation with Kislyak. She was startled because, she later told investigators, she “had no idea what the president was talking about.”Yates had to figure things out by listening to the exchanges between President Obama and FBI director Comey. The latter was not only fully up to speed, he was even prepared to suggest a potential crime -- a violation of the moribund Logan Act -- that might fit the facts.According to an FBI report, which was appended (as Exhibit 4) to the Justice Department’s motion to dismiss the Flynn case, Yates later said she was “so surprised by the information she was hearing that she was having a hard time processing it and listening to the conversation at the same time.”I’ll bet.That Yates was in the dark was not the FBI’s fault. Two days earlier, the bureau’s then–deputy director, Andrew McCabe, had briefed Assistant Attorney General Mary McCord, the head of DOJ’s National Security Division, about the Flynn–Kislyak discussions. Evidently not appreciating what the FBI regarded as the urgency of the matter, McCord did not pass the information along to the acting AG before her White House meeting.Ms. Yates’s astonishment at how well-informed the bureau was keeping the president calls for revisiting something to which I’ve called attention before. It now seems even more significant.When General Flynn was forced to resign as national-security adviser after just three weeks on the job, the New York Times did its customary deep dive, in which seven of its best reporters pressed their well-placed sources for details. It was a remarkable report, which recounted -- as if it were totally matter-of-fact -- that Flynn’s communications with Kislyak had been investigated by the FBI in real-time consultation with President Obama’s aides. For example (my italics):> Obama advisers heard separately from the F.B.I. about Mr. Flynn’s conversation with Mr. Kislyak, whose calls were routinely monitored by American intelligence agencies that track Russian diplomats. The Obama advisers grew suspicious that perhaps there had been a secret deal between the incoming [Trump] team and Moscow, which could violate the rarely enforced, two-century-old Logan Act barring private citizens from negotiating with foreign powers in disputes with the United States.Interesting. The FBI tells Obama “advisers” about Flynn’s discussions with Kislyak. Between this and their surprise that Russian dictator Vladimir Putin did not retaliate when Obama imposed sanctions, the Obama “advisers” dream up a non-existent pact between Trump and the Kremlin -- collusion! And they’re already thinking about nailing Flynn on the Logan Act . . . an obsolete, unconstitutional vestige of the President John Adams administration that has never, ever been prosecuted in the history of the Justice Department (the last case appears to have been in 1852; DOJ was established 18 years later).Who came up with that? Well, Ms. McCord (whose interview is Exhibit 3 in DOJ’s Flynn dismissal motion) later told investigators that the Logan Act flyer originated in the office of Obama’s director of national intelligence, James Clapper -- specifically proposed by ODNI’s general counsel, Bob Litt. Obviously, by January 5, Comey was already discussing it with Obama.Let’s look at some more of that Times report on Flynn’s downfall. For the legal analysis of Flynn’s exchanges with Kislyak, the president’s aides consulted the FBI, not DOJ:> The Obama officials asked the F.B.I. if a quid pro quo had been discussed on the call, and the answer came back no, according to one of the officials, who like others asked not to be named discussing delicate communications. The topic of sanctions came up, they were told, but there was no deal.So no misconduct. To the contrary, the incoming national-security adviser asked a Russian counterpart to discourage his government from escalating tensions, which is what we would want any American diplomat to do. “There was no deal.” Sanctions were merely mentioned, as one would expect since they’d just been imposed, but Flynn made no agreement to accommodate the Kremlin in any way.But see, those are the actual facts. Who cares what actually happened? What matters, it turns out, is what “Obama advisers” and their FBI co-creators could imagine it into: There must be Trump collusion with Russia because we’ve concluded Putin would otherwise have retaliated.This was nothing new for the FBI. Remember, at that point, they’re already in the FISA court (and at that time, were about to go back for a renewal warrant) telling the judges they suspect members of Donald Trump’s campaign are in a “conspiracy of cooperation” with the Putin regime. Their proof of that? The Steele dossier -- uncorroborated Democratic-party- and Clinton-campaign-sponsored propaganda that they already have immense reason to know is claptrap.Meanwhile, with Yates at the helm, the Justice Department had major reservations about the FISA warrants’ reliance on the Steele dossier, but swallowed hard and went along with it. The Justice Department had major reservations about the Logan Act as a predicate for investigating Flynn, but Yates was too startled to speak up at the White House meeting. The Justice Department wanted Comey to alert the Trump White House about the Flynn–Kislyak discussions, but the FBI refused . . . and Yates did nothing. By the time, after days of temporizing, she finally decided to put her foot down, Comey told her he had already dispatched agents to do an unauthorized ambush interview of Flynn. Yates was “dumbfounded,” McCord recalled.The Justice Department appears to have spent much of its time “flabbergasted,” to quote McCabe again. But in the end, it would always go with the collusion flow. Meanwhile, empowered and emboldened, the FBI ran rings around its nominal superiors.So what did President Obama make of all this theorizing from the FBI and his “advisers”? Well, intriguingly, as she was leaving her office for the last time, Obama’s top adviser, Susan Rice, decided that her last official act, moments after Trump was inaugurated, would be to craft -- 15 days after the fact -- an email memorializing Obama’s directive at the January 5 meeting:> President Obama said he wants to be sure that, as we engage with the incoming [Trump] team, we are mindful to ascertain if there is any reason that we cannot share information fully as it relates to Russia.Hmm, you mean a reason like “Trump and his minions just might be colluding with the Kremlin”?You’d almost think the Obama White House and its intelligence apparatus was weaving a political narrative out of . . . nothing.





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Harper felt 'hurt' by Nationals' offer in free agency




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2020 Augusta National Women's Amateur canceled




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Behrmann v. National Heritage Foundation, Inc.

(United States Fourth Circuit) - District Court affirmance of bankruptcy court order confirming Chapter 11 reorganization plan of nonprofit public charity is vacated and case remanded where: 1) bankruptcy court did not make specific factual findings explaining why it approved and included certain release, injunction, and exculpation provisions applicable to nondebtors; and 2) appeal was not equitably moot.




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City of Spokane v. Federal National Mortgage Association

(United States Ninth Circuit) - In this case, the district court's judgment in favor of defendants Federal National Mortgage Association and Federal Home Loan Mortgage Corporation, finding them statutorily exempt from state and local taxation of real property transfers and finding that Congress had the constitutional authority to exempt defendants from such taxation, is affirmed, where: 1) the transfer taxes at issue here are excise taxes, and the statutory carve-outs allowing for taxation of real property encompass only property taxes, not excise taxes; 2) because Congress had power under the Commerce Clause to regulate the secondary mortgage market, it had power under the Necessary and Proper Clause to ensure the preservation of defendant organizations by exempting them from state and local taxes; and 3) the exemptions do not violate the Tenth Amendment.




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Nat'l Org. for Marriage v. US

(United States Fourth Circuit) - In an action seeking attorneys fees under 26 U.S.C. section 7431(c)(3), following a settlement between the IRS and plaintiff over the disclosure of an unredacted version of plaintiff's donor list, filed as part of plaintiff's required IRS Form 990, the district court's denial of plaintiff's motion for attorneys fees is affirmed where the government's litigation position regarding actual damages was substantially justified under 26 U.S.C. section 7430 (c)(4)(B).




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Nat'l Inst. of Famil and Life Advocates v. Harris

(United States Ninth Circuit) - In a motion for a preliminary injunction sought by three religiously-affiliated non-profit corporations to prevent the enforcement of the California Reproductive Freedom, Accountability, Comprehensive Care, and Transparency Act, the district court's denial of the motion is affirmed where: 1) plaintiff's are not entitled to a preliminary injunction based on their free exercise claims; 2) the Act is a neutral lawof general applicability, which survived rational basis review; and 3) plaintiffs were unable to demonstrate a likelihood of success on the merits of their First Amendment claims.




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Cohen v. Kabbalah Centre International Inc.

(California Court of Appeal) - Held that a woman who made a sizeable donation to a San Diego spiritual group had no right to obtain her money back. Affirmed a summary adjudication in relevant part, rejecting her fraud and other claims.



  • Tax-exempt Organizations
  • Injury & Tort Law

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Friedman v. Live Nation Merchandise, Inc.

(United States Ninth Circuit) - In a copyright action, arising from defendant's infringement of plaintiff's photos of the hip hop group Run-DMC for use on t-shirts and a calendar, the district court's grant of summary judgment to defendant Live Nation Merchandise is reversed where: 1) there is a triable issue of fact as to whether defendant's infringement was willful; and 2) plaintiff could prevail upon a showing that defendant knew that copyright management information had been removed from the photos.




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Cleveland Nat. Forest v. San Diego Assn. of Governments

(Supreme Court of California) - Reversing the judgment of the Court of Appeal insofar as it determined that a 2011 analysis of greenhouse gas emission impacts prepared as part of a project for the development of transportation infrastructure in San Diego was inadequate and required revision.




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Finkelman v. National Football League

(United States Third Circuit) - Reversing a district court determination that a man complaining that the NFL's policies relating to the sale of SuperBowl tickets violated New Jersey law lacked subject matter jurisdiction and deferring action on the merits of the appeal pending a decision by the Supreme Court of New Jersey on a petition for certification of questions of state law, retaining jurisdiction over the appeal pending resolution of the certification.




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Wilson v. Dynatone Publishing Co.

(United States Second Circuit) - Held that a copyright ownership claim was timely filed. The statute of limitations was not triggered by the defendants' act of registering their competing claim of ownership in the Copyright Office. Denied a petition for rehearing, in a dispute over ownership of renewal term copyrights in certain musical compositions and sound records.




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National Association of African American-Owned Media v. Charter Communications, Inc.

(United States Ninth Circuit) - Held that an African American-owned operator of television networks sufficiently pleaded a claim that a cable television operator refused to enter into a carriage contract based on racial bias, in violation of 42 U.S.C. section 1981. Also, the section 1981 claim was not barred by the First Amendment. On interlocutory appeal, affirmed denial of a motion to dismiss.




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Plixer International, Inc. v. Scrutinizer GMBH

(United States First Circuit) - Held that the exercise of specific personal jurisdiction over a German company in a trademark infringement action did not violate due process. The German company, which operated an English-language website, argued that it lacked the requisite minimum contacts with the United States. Disagreeing, the First Circuit affirmed the district court's ruling that the exercise of personal jurisdiction was constitutional.




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Seventh Avenue, Inc. v. Shaf International, Inc.

(United States Seventh Circuit) - Affirmed that a corporation was in contempt of a consent judgment because its outside counsel failed to respond to a motion alleging a violation of the judgment and to appear at a hearing on the motion, in a trademark infringement case.




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Brooklyn social distancing arrests disproportionately for people of color - Business Insider

RT @IsaacScher__: NEW: Half of all Brooklynites are white, but 97.5% of the borough's social distancing arrests were of people of color.




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HAAR v. NATIONWIDE MUTUAL FIRE INSURANCE COMPANY

(NY Court of Appeals) - No. 81




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LUBONTY v. BANK NATIONAL ASSOCIATION

(NY Court of Appeals) - No. 85




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Unseen is what fuels the imagination – On my Om

RT @om: Unseen is what fuels the imagination #newphotoset #blog #leica #B&W #monochromes




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We Chat, They Watch: How International Users Unwittingly Build up WeChat’s Chinese Censorship Apparatus - The Citizen Lab

Important new CitizenLab report: "We Chat, They Watch: How International Users Unwittingly Build up WeChat’s Chinese Censorship Apparatus"




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Augusta National donates $2M for local COVID-19 relief




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Anatomy of a Classic Goal: Ronaldo's bicycle kick vs. Juventus




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Anatomy of a Classic Goal: Bergkamp's pirouette vs. Newcastle




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3 nations hurt by Euro postponement




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UEFA suspends all club, international matches 'until further notice'




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Plixer International, Inc. v. Scrutinizer GMBH

(United States First Circuit) - Held that the exercise of specific personal jurisdiction over a German company in a trademark infringement action did not violate due process. The German company, which operated an English-language website, argued that it lacked the requisite minimum contacts with the United States. Disagreeing, the First Circuit affirmed the district court's ruling that the exercise of personal jurisdiction was constitutional.




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Wilson v. Dynatone Publishing Co.

(United States Second Circuit) - Held that a copyright ownership claim was timely filed. The statute of limitations was not triggered by the defendants' act of registering their competing claim of ownership in the Copyright Office. Denied a petition for rehearing, in a dispute over ownership of renewal term copyrights in certain musical compositions and sound records.




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Seventh Avenue, Inc. v. Shaf International, Inc.

(United States Seventh Circuit) - Affirmed that a corporation was in contempt of a consent judgment because its outside counsel failed to respond to a motion alleging a violation of the judgment and to appear at a hearing on the motion, in a trademark infringement case.