From Avery Burns, the new Acquisitions Editor for the Cumberland Law Review. Our theme for Issue 2 of Volume 51 is arbitration, mediation, negotiation, and other forms of the ADR practice. I am reaching out to see if you would be interested in possibly writing an article for the Law Review on any of the … Continue reading Cumberland Law Review Call for Papers →

From my wonderful Marquette colleague, professor in social and cultural sciences, Alexandra Crampton, who argues that the very metaphors we use make us less likely to succeed in staying healthy:  As the Covid-19 virus circulates, so have war metaphors. UN and national leaders are using a familiar rallying cry to justify their moral authority, calls … Continue reading Make Health, Not War: In Search of Long-Term Survival →

An article by Israeli historian Yuval Noah Harari, The World After Coronavirus, describes general dynamics of crises and particularly the current crisis: Many short-term emergency measures will become a fixture of life.  That is the nature of emergencies.  They fast-forward historical processes.  Decisions that in normal times could take years of deliberation are passed in … Continue reading Communication, Privacy, and Community in the New Normal →

As the economy is ravaged during the nation-wide lockdown, its impact on higher education is beginning to be reported.  Earlier this week the University of Arizona announced dramatic pay cuts and furloughs, which are detailed below.  Expect this to the be first of many such announcements as this economic crisis continues. Pay cuts and furloughs … Continue reading Furloughs and Pay Cuts in Higher Education Have Begun →

For many years, Guy and Heidi Burgess have organized a series of projects dealing with difficult, intractable conflicts, and they developed an incredibly rich website of resources. They recently collected the following series of statements about conflict and the coronavirus, including the following.  Here’s a list of the statements with links to each one.  They … Continue reading The Coronavirus and the Constructive Conflict Initiative →

On April 24 Divided Community Project (DCP) Deputy Director Bill Froehlich and Steering Committee Chair Grande Lum joined HNMCP’s Neil McGaraghan and Kyle Strickland (from the Kirwan Institute for the Study of Race and Ethnicity) to record a webinar session for the ABA’s virtual conference. Bill shares a few reflections on the session which focus … Continue reading Reflections on Campus Collaboration and Virtual Tools →

What do you have to hide?  That’s an issue raised by two comments about my post, Communication, Privacy, and Community in the New Normal. One commenter asked, “What if the government or a private group knowing your real-time biometrics could save lives?  Why do we hold the privacy of such data in such high regard?” … Continue reading The Importance of Privacy →

The ABA Journal recently published an article entitled Bar Exam Does Little to Ensure Attorney Competence, Say Lawyers in Diploma Privilege State, describing the experience in Wisconsin, the only state that currently has the “diploma privilege.”  Under the Wisconsin rules, in-state law school graduates can become licensed without taking a bar exam.  These graduates must … Continue reading The Coronavirus Crisis Provides an Opportunity to Adopt Better Systems for Licensing Lawyers than the Bar Exam →

From pioneer in our field, Jeanne Brett: With the unprecedented and rapid need to switch from face-to-face to synchronous online classes, everyone using exercises and simulations has learned a lot.  iDG, NegotiateUP and NTR  are launching a series of Conversations about Innovations in Teaching Research and Technology held during three Fridays in June (5th, 12th, … Continue reading Conversations about Innovations in Teaching, Research and Technology →

The Department of Education today issued the long-awaited rules governing the administration of Title IX in universities and K-12. According to the press release, the “key provisions” of the Department of Education’s new Title IX regulation are: Defines sexual harassment to include sexual assault, dating violence, domestic violence, and stalking, as unlawful discrimination on the … Continue reading Issuance of Title IX Rules Governing Educational Institutions →

From Leah Wing: Dear Colleagues, The National Center for Technology and Dispute Resolution is happy to announce the unveiling of a newly updated extensive Online Dispute Resolution (ODR) bibliography which is available on our website and here. It is wonderful to see so many new partners from the courts, alternative dispute resolution, and many other … Continue reading Extensive ODR Bibliography →

Interview With "Love Ghost!"

Ovationguitars.com Is Revised For 2019 And Beyond

The Second Edition Of The Book Music Supervision, And The Newly Launched ‘How To Be A Music Supervisor’ Online Learning Platform, Introduces A Much-needed Educational Resource

Clouzine Discovers And Promotes Indie Talents Part Of Discoveries (#16) Tremendous (UK), Jennifer Mlott (USA), And King Fally (Nigeria).

Talking Heads leader David Byrne’s new project, “Theater of Mind,” will miss its scheduled world premiere in Denver later this year, the Denver Center for the Performing Arts said today.

Everyone has started baking bread during the coronavirus outbreak: Your mom, your neighbor, your best friend. Even you.

Van lifers are used to wandering the roads. But now, they're stuck in one spot -- and trying to not draw attention to themselves.

"Chipotlanes" are rolling out across the country, at a time when customers can't dine in and want more pickup and delivery options.

With concerns about COVID-19 in mind, the U.S. Forest Service is thinking about swapping public transportation for limited vehicle entry.

LAS VEGAS — Roy Horn of Siegfried & Roy, the duo whose extraordinary magic tricks astonished millions until Horn was critically injured in 2003 by one of the act’s famed white tigers, has died. He was 75. Horn died of complications from the coronavirus on Friday in a Las Vegas hospital, according to a statement […]

(United States First Circuit) - Affirmed a sentence for possessing a firearm while subject to a qualifying court restraining order. The defendant, who had pleaded guilty, argued that the district court failed to properly consider mitigating factors in sentencing him to 33 months. The First Circuit found no error in his sentence.

(United States First Circuit) - Affirmed summary judgment against a homeowner's claim that Wells Fargo Bank breached the terms of a federal Truth-in-Lending Act class action settlement. The homeowner claimed that the bank was contractually obligated under the settlement to modify his mortgage contract to help him stave off default. However, the First Circuit held that the homeowner did not qualify for the relief provided in the settlement, agreeing with the district court.

(United States First Circuit) - Affirmed the denial of an asylum claim in a case where an immigrant claimed mistreatment in Honduras because of her Afro-Honduran race and physical disability caused by polio. The Board of Immigration Appeals rejected her asylum application upon finding that the harassment she endured in Honduras did not rise to the level of persecution. Agreeing with the Board's assessment, the First Circuit denied her petition for judicial review.

(United States First Circuit) - Affirmed a 120-month prison sentence for possession of child pornography. The defendant, who had pleaded guilty, argued that the district court improperly imposed certain enhancements to his base offense level. However, the First Circuit found no clear error.

(United States First Circuit) - Affirmed summary judgment which had denied an employee's Title VII gender discrimination and retaliation claims. A field sales representative for a company in the medical field alleged she was denied a promotion based on her sex and that she was fired in retaliation for asserting her Title VII rights. However, the First Circuit concluded that she failed to present sufficient evidence of unlawful conduct to create a genuine factual dispute.

(United States First Circuit) - Reinstated an employee's claims that she was harassed based on her age and retaliated against in violation of both federal and Puerto Rico law, claims which had been dismissed on summary judgment. The employee argued that there were genuine disputes of material fact. In reversing summary judgment, the First Circuit agreed with the employee's argument that genuine disputes of material fact existed as to certain claims.

(United States First Circuit) - Reinstated a lawsuit alleging that an insurance company wrongfully denied coverage to a hospital medical director under a Directors and Officers insurance policy. The insurer argued that the loss was not within the scope of the insurance policy because it pre-dated the policy. Unpersuaded, the First Circuit vacated the entry of summary judgment for the insurer and remanded the case for further proceedings.

(United States First Circuit) - Affirmed the denial of a medically ill defendant's request for a downward departure under the U.S. Sentencing Guidelines. The defendant, who had pleaded guilty to conspiracy to possess five kilograms or more of cocaine with intent to distribute, sought a shorter sentence due to his chronic liver ailments. However, the First Circuit found no abuse of discretion in the sentence of 180 months.

(United States First Circuit) - Affirmed the denial of habeas relief to a defendant who challenged his sentence under the Armed Career Criminal Act (ACCA). The defendant argued that his designation as an armed career criminal was unconstitutional under recent Supreme Court precedent, but the First Circuit disagreed, holding that current law still considers three of his convictions to be ACCA predicates.

(United States First Circuit) - Rejected a petition for review of a decision of the federal Surface Transportation Board (STB). The basic issue here was whether a local government could regulate certain activities at a rail-to-truck transloading facility. The petitioners, who lived near the facility, argued that the STB did not have exclusive jurisdiction and thus local regulation was permitted. Finding no basis to reverse the STB's ruling regarding the scope of its exclusive jurisdiction, the First Circuit rejected the petition for review.

(United States First Circuit) - Affirmed that a defendant who had violated the conditions of his supervised release by possessing illegal drugs could be re-imprisoned notwithstanding his argument that his drug addiction was a disease. According to the defendant, sentencing him to a new term of imprisonment for manifesting a condition of his disease constituted cruel and unusual punishment in violation of the Eighth Amendment. However, the First Circuit found no support in its precedent for his argument, emphasizing that he had violated the terms of his supervised release by failing three drug tests and being convicted of a state law charge of felony drug possession.

(United States First Circuit) - Affirmed the conviction and sentence of a former Puerto Rico superior court judge for receiving bribes and participating in a conspiracy to bribe an agent of an organization receiving federal funds. On appeal, the former judge cited a number of alleged trial and sentencing errors, including the upholding of a witness's invocation of his Fifth Amendment privilege. However, the First Circuit found no reversible error and affirmed.

(United States First Circuit) - Held that a Puerto Rico Highways and Transportation Authority bondholder did not hold a statutory lien on certain toll revenues. The bondholder contended that, in response to Puerto Rico's financial crisis, the Puerto Rican government was diverting toll revenues to which the bondholder was entitled under a lien and using them for purposes other than paying the bonds. However, the First Circuit concluded that the bondholder held no statutory lien on the toll revenues.

(United States First Circuit) - Vacated an order denying a request by Puerto Rico Electric Power Authority (PREPA) bondholders for relief from an automatic stay. The bondholders argued that a statute enacted by Congress to address Puerto Rico's financial crisis did not preclude them from obtaining relief so that they could petition another court to place PREPA into receivership. Agreeing, the First Circuit held that the district court erred in concluding otherwise.

(United States First Circuit) - Affirmed a sentence for possession with intent to distribute cocaine and heroin. A man who pleaded guilty after police caught him couriering drugs cross-country in his backpack challenged the length of his sentence. Rejecting his arguments, the First Circuit emphasized that the district court found him to be a career offender but sentenced him to a below-guidelines term of 78 months in prison.

(United States First Circuit) - Affirmed a prison sentence followed by lifetime supervised release on charges of possession of child pornography. The defendant, who had previously been convicted of a sexual crime involving young boys, argued that the district court inadequately explained why it imposed a condition of lifetime supervised release, and also that his 120-month prison sentence was substantively unreasonable. The First Circuit rejected his arguments and affirmed.

(United States First Circuit) - Vacated an administrative ruling that terminated the Supplemental Security Income benefits of an individual who had received them since childhood for an intellectual disorder. The plaintiff disputed the medical evidence that the Social Security Administration relied on in concluding that he was no longer disabled after he turned age 18. Finding merit in his arguments, the First Circuit held that the record was insufficient to conclude he was no longer disabled.

(United States First Circuit) - Held that a defendant who won a summary judgment motion could not appeal to challenge unflattering statements found in the trial judge's opinion. In this tort lawsuit brought by a Ugandan gay-rights organization, the defendant religious leader successfully obtained summary judgment by arguing lack of extraterritorial jurisdiction but then appealed. The First Circuit concluded that a winner cannot appeal a judgment merely because there are passages in the court's opinion that displease him or her.

(United States First Circuit) - Reinstated a university professor's claims that she was retaliated against in violation of Title VII and the Maine Human Rights Act. The professor alleged that she was transferred to a different department and suffered other retaliation after she complained of being sexually harassed by her department chair. Agreeing that genuine disputes of material fact existed, the First Circuit reversed the entry of summary judgment for the university and remanded.

(United States First Circuit) - Held that a professional liability insurer had no duty to defend a physician who was accused of improperly accessing his ex-wife's medical records so he could harass and embarrass her. In this declaratory judgment action, the insurer argued that it had no duty to defend the physician from his ex-wife's legal claims, which had been filed in state courts in Maine and Maryland. The First Circuit agreed that the matters fell outside the insurance policy's coverage, and affirmed summary judgment for the insurer.

(United States First Circuit) - Affirmed a drug-trafficking sentence despite the defendant's argument that he was given an unwarranted Guidelines enhancement for obstruction of justice. The defendant, who pleaded guilty, also argued that he should be given a credit for acceptance of responsibility. However, the First Circuit found that he had maintained a false identity (i.e., used an assumed name) throughout his criminal proceedings, and thus affirmed the sentence.

(United States First Circuit) - Affirmed the sentence of a defendant who pleaded guilty to one count of being a felon in possession of a firearm and to one count of possession of a machine gun. The defendant challenged his sentence on procedural and substantive reasonableness grounds. Finding no error, the First Circuit affirmed.

(United States First Circuit) - Denied a petition for review of an administrative decision ordering a Guatemalan couple removed from the United States. The husband and wife moved to reopen their removal proceedings, claiming there was new relief available to them. Agreeing with the Board of Immigration Appeals that their motion was untimely and number-barred, the First Circuit noted that this was their 17th motion for reopening or reconsideration and was brought nearly 16 years after the initial removal order.

(United States First Circuit) - Affirmed the sentence of a defendant who pleaded guilty to one count of theft in connection with health care and to one count of wire fraud. An accountant who embezzled nearly $1 million from a radiology medical firm challenged the procedural and substantive reasonableness of his upwardly variant sentence. Finding no error, the First Circuit affirmed.

(United States First Circuit) - Granted an Indonesian national's petition for review of a decision denying his motion to reopen removal proceedings. The evangelical Christian, who alleged he would be persecuted based on his religion if returned to his homeland, argued that the Board of Immigration Appeals should have granted his motion to reopen his decade-old removal proceedings, because he had shown a material change in country conditions and had made a prima-facie showing of eligibility for asylum. Finding some merit in his arguments for reopening, the First Circuit vacated and remanded for further proceedings.

(United States First Circuit) - Affirmed the fraud-related convictions of a man who falsely promised to provide professional legal assistance to individuals who were behind on their court-ordered child support payments. On appeal, the defendant made several claims of trial and sentencing error. The First Circuit affirmed his convictions and the order of restitution but remanded for resentencing using the proper version of the Guidelines Manual.

(United States First Circuit) - Affirmed the dismissal of an employee's claim brought under the whistleblower protection provisions of the Sarbanes-Oxley Act of 2002. An employee of an investment brokerage firm claimed that she suffered retaliation after she reported to her supervisors and a company hotline that she suspected certain coworkers to be in violation of federal securities law. Agreeing with the district court, the First Circuit held that her whistleblower claim failed because she did not exhaust administrative remedies before bringing the claim.

(United States First Circuit) - Held that the U.S. government was not liable for the actions of agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives who stopped a pickup truck at gunpoint and handcuffed and detained an innocent man for up to 20 minutes. The man brought this suit under the Federal Tort Claims Act alleging false imprisonment. Affirming the district court, the First Circuit held that the government was entitled to summary judgment.

(United States First Circuit) - Held that a defendant was barred from appealing his sentence because his plea agreement contained a waiver-of-appeal clause. The defendant, who pleaded guilty to knowingly possessing a firearm in furtherance of a drug trafficking crime, asserted that the waiver-of-appeal provision should not be enforced. The First Circuit observed that there is confusion in circuit precedent as to the proper standard for evaluating the enforceability of an appellate waiver. The panel ultimately concluded here that the waiver of appeal must be enforced, and thus dismissed his appeal.