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United States v. Ryan et al.

(United States Second Circuit) - Affirmed. The panel affirms the district court’s application of a four-level enhancement to a defendant who either sells a firearm and drugs to a buyer in a single transaction or to a buyer who the defendant has reason to believe is a drug dealer.




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New York State Citizens’ Coal. For Children v. Poole

(United States Second Circuit) - Denied. In a 6-5 vote, the panel majority declines to rehear the case en banc, holding that the Adoption Assistance and Child Welfare Act of 1980 creates a privately enforceable right for foster parents to sue states for costs related to child care. Five judges dissent.




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Bentley v. AutoZoners, LLC, et al.

(United States Second Circuit) - Affirmed. In appealing an award of summary judgement for the defendants, plaintiff argues she proffered sufficient evidence to raise triable issues of fact in her sex discrimination case. Finding plaintiff’s arguments fail on the merits, the panel affirms.




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Yamashita v. Scholastic, Inc.

(United States Second Circuit) - Affirmed. Finding the plaintiff failed to name a single instance of infringement or breach of the terms of his licensing agreement with the stock photo company from which Scholastica obtained his photos, the panel affirms the district court’s dismissal.




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The lightest, brothiest soup recipe for when you can’t eat another bite

Even a person as enthusiastic as I am about home cooking can feel fatigue, and six going on seven weeks of this quarantine, I am feeling it. It’s not so much the cooking. It’s the eating -- probably because I am doing it all day long.







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This focaccia isn’t your garden-variety flatbread recipe

In kitchens across the world, focaccia gardens are blooming. On top of the flatbreads, cherry tomatoes open like petals, with long scallion stalks for stems. Yellow-pepper sunflowers stand tall with Kalamata olives at their center. Red onions bud in bushes made from fresh herbs.





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Sound Royalties Unearths Millions In Undistributed Royalties

Nearly $14 Million In Undistributed Royalties Has Been Found By Music-focused Finance Firm Sound Royalties




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Music Industry Betting On VR & AR For New Revenue

The Music Industry Is Making An Early Bet On VR & AR To Create New Revenue Streams Across All Their Lines Of Business




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Streaming & Listening Diversity - Spotify Case Study

Will Artists Have An Easier Time Finding An Audience, Or Will Streaming Focus Global Attention On A Small Number Of Stars?




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How lobbyists and panicked Denverites kept liquor stores and marijuana dispensaries open during coronavirus

A large lobbying effort mobilized almost immediately. Conducted outside the public’s view, its goal was to keep hundreds of stores open, thousands of Denverites employed, and entire industries functioning across the city.





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Federal judge in Denver rules funding cannot be withheld from law enforcement by using immigration-related terms in grants

The U.S. Justice Department can not withhold millions of dollars in federal funding to Colorado law enforcement agencies by attaching immigration-related terms and conditions to securing the grants according to a federal judge's ruling.




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In Re Quality Systems, Inc.

(United States Ninth Circuit) - Remanding a case in which a Miami retirement trust obtained the stock of a company and later complained of false statements that the district court found to be puffery, forward looking, appropriately cautioned, without knowledge of their falsity, or protected by the safe harbor provision of the Private Securities Litigation Reform Act but the panel found that many of these exceptions did not apply in the given situation.




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Connecticut Ironworkers Employers Association, Inc. v. New England Regional Council of Carpenters

(United States Second Circuit) - Vacating the district court's determination that a carpenters union was entitled to summary judgment as to Sherman Act Antitrust charges, but affirmed summary judgment for them as to unfair labor practices charges in a case where the union used subcontracting to include ironworking in their activities because the union did not qualify for the non-statutory exemption to antitrust liability, but qualified for the construction industry proviso.




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Bell Supply Company, LLC v. US

(United States Federal Circuit) - Vacating a decision by the US Court of International Trade affirming a US Department of Commerce determination that certain imported oil country tubular goods (OCTG) fabricated as unfinished OCTG in China and finished in other countries were not subject to anti-dumping and countervailing duty orders covering OCTG imported from China because the Trade Court improperly proscribed the use of the substantial transformation analysis to determine the country of origin.




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Chamber of Commerce of the United States of America v. City of Seattle

(United States Ninth Circuit) - Reversing a district court dismissal of claims that an ordinance authorizing collective bargaining between driver coordinators like Uber and Lyft violates and is preempted by the Sherman Antitrust Act because the act sanctions price fixing by private cartels of independent contractor drivers but affirming the dismissal of claims that the ordinance was preempted by the National Labor Relations Act and remanding for further proceedings.




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US v. Joyce

(United States Ninth Circuit) - Affirmed a criminal conviction for violating antitrust laws where the defendant was convicted of conspiring to suppress and restrain competition by rigging bids. Defendant argued that the matter should be adjudicated under a rule-of-reason analysis. However, because bid rigging is a per-se violation of the Sherman Act, the Ninth Circuit held that the district court did not err by refusing to allow evidence of the alleged ameliorative effects of his conduct.



  • Antitrust & Trade Regulation
  • Criminal Law & Procedure

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Arandell Corp. v. CenterPoint Energy Services, Inc.

(United States Ninth Circuit) - Reinstated an antitrust claim against a wholly owned natural gas subsidiary that said it had no knowledge of its parent company's alleged price-fixing scheme that had pumped up the price of gas. The subsidiary argued that it could not be held liable for violating Wisconsin antitrust law because it was not involved in anything unlawful that its parent company may have done. Unpersuaded, the Ninth Circuit emphasized that a parent and a wholly owned subsidiary always act as a single enterprise whenever they engage in coordinated activity, and thus reversed the grant of summary judgment to the subsidiary.



  • Oil and Gas Law
  • Antitrust & Trade Regulation

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IQ Dental Supply v Henry Schein, Inc.

(United States Second Circuit) - Plaintiff brought suit against three dental supply distributors alleging that they conspired to violate antitrust laws. The trial court dismissed plaintiff's antitrust claims for lack of standing and tort claims for failure to state a claim. Second circuit affirmed the dismissal of the antitrust claims, but vacated the judgment for the tort claims. The case was remanded back to the district court for further proceedings.




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Alarm Detection Systems, Inc. v. Orlando Fire Protection District

(United States Seventh Circuit) - District court's granting of summary judgment and bench verdict for Defendant affirmed. Sherman Act claim fails where the only current feasible way to comply with Chicagoland area city commercial fire safety ordinances was to use an exclusive provider. Under Fisher v. City of Berkeley, government restraints on trade imposed unilaterally do not form the basis of a Section 1 or Section 2 claim.




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Early Dispute Resolution Processes

This is the second part of a three-part series on use of litigation interest and risk assessment (LIRA), growing out of a program at CPR’s annual meeting in February 2020. The first part of this series describes how to do LIRAs and includes results from a survey of participants in our program.  This part describes … Continue reading Early Dispute Resolution Processes




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Dispute Prevention and Early Dispute Resolution Framework

This is the final part of a three-part series on litigation interest and risk assessment (LIRA) and early dispute resolution procedures.  The first part explains how lawyers can use LIRA procedures to help clients make better decisions about litigation and negotiation.  The second part describes some early dispute resolution procedures, which can benefit from good … Continue reading Dispute Prevention and Early Dispute Resolution Framework




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Shared Society in Israel–Virtual Conference on April 22nd

From old friend and colleague Ran Kuttner, here is a conference in Israel on shared society (scheduled for April 22nd) that most of us would not get the chance to attend but now can since it will be virtual (and the morning is in English)–the link to registration is here! https://www.facebook.com/events/585091012107455/  




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Communication, Privacy, and Community in the New Normal

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




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Might the Pandemic (Finally) Change the Leadership Stereotype?

Does having a woman in charge of a country impact how that country is dealing with the pandemic?   In the midst of the Covid-19 crisis, more than one commentator has noticed that it does.  From Forbes to The Atlantic in the U.S., to think tanks around the world, “feminist leadership matters.” Forbes Magazine wrote just … Continue reading Might the Pandemic (Finally) Change the Leadership Stereotype?




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Furloughs and Pay Cuts in Higher Education Have Begun

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




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One Day Sale on ABA books – May 1 only – 30% off

I want to pass along a notice of a one day sale on ABA books. Friday, May 1 is Law Day and ABA Publishing is celebrating this special day by offering a promotion of 30% off + free ground shipping on all books and e-books. This is a one-day sale similar to the annual Cyber … Continue reading One Day Sale on ABA books – May 1 only – 30% off




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Toby Guerin’s Negotiation Exercise

From TFOI Toby Guerin: I thought that I would share an exercise which we posted this week through the Workplace Mediation Service at University of Maryland, Baltimore.  It can be easily adapted for classes and other environments. Several years ago Andrea Schneider and others wrote an article, “Cooking Up a Deal: Negotiation Recipes for Success.”  … Continue reading Toby Guerin’s Negotiation Exercise




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The Importance of Privacy

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




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The Coronavirus Crisis Provides an Opportunity to Adopt Better Systems for Licensing Lawyers than the Bar Exam

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




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Conversations about Innovations in Teaching, Research and Technology

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




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Calling All Syllabi

 We are very fortunate to belong to a very generous community of law school colleagues who teach dispute resolution. One reflection of colleagues’ generosity is our freely sharing resources with each other.  My law school has hosted the Dispute Resolution Resources in Legal Education (DRLE) website to facilitate this sharing.  In particular, we have collected … Continue reading Calling All Syllabi




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Extensive ODR Bibliography

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




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WORLDS FIRST POETRY OLYMPICS LAUNCHES ONLINE IN AUGUST 2018

The Poetry Olympics Is A Brand-New Initiative Created To Encourage, Inspire And Empower Writers Of Every Style And On Every Level.




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The World Is Yours To Change - Play It Your Way

In Conjunction With The Official Release Of "The World Is Yours To Change", J.S.C. Will Host An Online-based Release Campaign Beginning On July 15th, And Running Through To The September 8th Release




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DISKERY WANTS A FEW GOOD BANDS ... AND LINKS!

On-line Site Is Growing And They Are Calling Out To The Public For Help!




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Ovationguitars.com Is Revised For 2019 And Beyond

Ovationguitars.com Is Revised For 2019 And Beyond




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Come To The DISTURBING MUSIC 2018 Xmas Party

It's Happening Tonight, December 14, From 6-10 PM (PST)




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New Course ‘How To Be A Music Supervisor, Or Get Heard By One” Launches On The MusicFirst Platform

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




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Soundfly Launches New ‘The Art Of Hip-Hop Production’ Course In Partnership With Splice

Soundfly Offers New Hip-hop Production Class Taught By Charles "Blvk Samurai" Burchell With Two Free Months Of Splice Samples Included.




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Penelope Robin Raising Awareness For Pet Adoption Through #AdoptYourBestie

The Young Talent Whose Latest Music Video “Some Girls” Has Reached Over A Million Views On YouTube Recently Did A Photo Shoot For Local Animal Rescue “100+ Abandoned Dogs Of Everglades Florida”




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"Tweet... Tweet" - From A Bird Named Diskery

Diskery Gets New Twitter Account




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CLOUZINE Contemporary Music Magazine #16 Coming Soon

The 16th Issue Of CLOUZINE To Be Published Soon !




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Denver premiere of David Byrne’s “Theater of Mind” postponed, DCPA theater season delayed

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.




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No, you’re not crazy. Everyone in Colorado really is baking bread.

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




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Chipotle just opened its first drive-thru in Colorado, another one is on the way

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