(United States Ninth Circuit) - Upheld the constitutionality of California's requirement that charitable organizations must disclose the names and addresses of certain large contributors. Two nonprofit organizations contended that the disclosure requirement infringed their First Amendment right to free association. Disagreeing, the Ninth Circuit concluded that the disclosure requirement survived exacting constitutional scrutiny because it was substantially related to an important state interest in policing charitable fraud. The panel reversed and remanded for entry of judgment in the state's favor.

(United States Seventh Circuit) - Upheld an Internal Revenue Code provision that excludes housing allowances from ministers' taxable federal income. An advocacy group contended that the tax provision violates the First Amendment's Establishment Clause. Disagreeing, the Seventh Circuit held that the longstanding tax code exemption for religious housing is constitutional, reversing the district court.

(California Court of Appeal) - In a dispute arising out of a written agreement between a content producer-plaintiff and a television station-defendant, involving website material plaintiff created that was to be distributed to the websites of certain television stations affiliated with defendant in other cities, alleging the common law tort of misappropriation of name and likeness, defendant's petition for writ of mandate is granted where the trial court erred in denying summary judgment to defendant because based on the broad consent in the agreement, plaintiffs cannot prove lack of consent to the manner in which defendant used plaintiff's material.

(United States Ninth Circuit) - Granted a new trial in a copyright case involving a claim that Led Zeppelin copied key portions of its hit Stairway to Heaven from a song written by a musician named Randy Wolfe. Held that several jury instructions were erroneous and prejudicial, including the instructions on originality, and thus vacated the jury's verdict of no infringement.

(United States Ninth Circuit) - In a trademark dispute involving the use of the mark CRAZY HORSE for entertainment services, namely exotic dance performances, the district court's grant of summary judgment to plaintiff is affirmed where plaintiff was the assignee of a valid trademark co-existence agreement entered into with the former owner of the registered mark and therefore had the right to use the mark.

(United States First Circuit) - In an infringement action to determine whether a Puerto Rico credit union infringed a bank's word mark and trade name ORIENTAL with its competing marks COOP ORIENTAL, COOPERATIVA ORIENTAL, ORIENTAL POP, and CLUB DE ORIENTALITO, the District Court's finding of non-infringement and refusal to enjoin their use is: 1) reversed as to COOP ORIENTAL, COOPERATIVA ORIENTAL, and ORIENTAL POP, where the district court's determination of non-infringement was clearly erroneous; and 2) affirmed where the district court's determination is supportable as to CLUB DE ORIENTALITO.

(United States Ninth Circuit) - Held that greeting-card companies were not entitled to summary judgment against a trademark infringement suit. The companies insisted that they did not violate the Lanham Act by producing greeting cards that contained phrases similar to one trademarked by a comedy writer who had posted a popular YouTube video known for its catchphrase Honey Badger Don't Care. However, the Ninth Circuit found genuine issues of material fact, and thus reversed and remanded for further proceedings on the comedy writer's claims.

(United States Ninth Circuit) - In an amended opinion, held that greeting-card companies were not entitled to summary judgment against a trademark infringement suit. The companies insisted they did not violate the Lanham Act by selling greeting cards that contained phrases similar to one trademarked by a comedy writer. However, the Ninth Circuit found genuine issues of material fact, and thus reversed and remanded for further proceedings on the comedy writer's claims.

(United States Fifth Circuit) - Held that an education services company could not proceed with its Lanham Act lawsuit against a school district for using its marks in the course of operating a summer reading program. Affirmed summary judgment for the school district, finding that the allegedly infringing marks created no likelihood of confusion as a matter of law.

(United States Seventh Circuit) - Affirmed. Gatorade's use of the slogan "Gatorade The Sports Fuel Company" was fair use protected by the Lantham Act in a suit alleging trademark violations filed by SportsFuel.

(United States Supreme Court) - Held that consumers could proceed with an antitrust lawsuit alleging that Apple Inc. used monopolistic power to overcharge for iPhone apps. Apple contended that the lawsuit was barred because the consumers were not "direct purchasers" within the meaning of the Illinois Brick case. However, the U.S. Supreme Court rejected Apple's argument in a 5-4 decision, on review of a dismissal ruling. Justice Kavanaugh delivered the majority opinion, joined by the four liberal justices.

(California Court of Appeal) - Held that a criminal defendant who said he was never advised about the immigration consequences of his guilty plea was entitled to a hearing on whether to allow him to vacate his plea.

(United States Ninth Circuit) - Granted an alien's petition for review of a removal decision. Held that Immigration and Customs Enforcement agents were not permitted to carry out preplanned mass detentions, interrogations and arrests at a factory without individualized reasonable suspicion. Remanded to the Board of Immigration Appeals with instructions to dismiss the Mexican citizen's removal proceeding without prejudice.

(California Court of Appeal) - Reversed to allow withdrawal of guilty pleas. A new law was passed, Pen. Code Sec. 1473.7, that allowed a conviction to be vacated when there was no meaningful understanding of the immigration consequences of a guilty plea. The court held that there did not have to be proof of actual ineffective assistance of counsel, but merely a preponderance of the evidence.

(California Court of Appeal) - Affirmed denial of motion to vacate a conviction under penal Code Section 1473.7. Defendant contended that her trial counsel failed to property advise her of adverse immigration consequences of plea agreement. Appeals court held that the evidence did not support her contention.

(California Court of Appeal) - Affirmed. The trial court denied Defendant’s motion to vacate his plea of no contest to assault with a firearm. Defendant claimed that his counsel did not inform him of the consequences of such a plea on his immigration status. The appeals court found no prejudicial error and that Defendant had failed to show evidence that his plea was legally invalid.

(United States Fifth Circuit) - Affirmed. A sentence imposed on a man for illegal reentry to the US was affirmed. An upward variance at sentencing that considered the facts of an unrelated case and his need for treatment for alcoholism was not in error.

(United States Fifth Circuit) - Reversed and remanded. The dismissal of an indictment for illegal entry following removal was reversed because while the appeal was pending the court issued an opinion in an analogous case foreclosing the defendant's arguments.

(United States DC Circuit) - Reversed. Plaintiffs offered the chance to apply for a select number of diversity visas that were never granted and whose statutory deadline had passed did not have a moot claim because the district court retained the authority to potentially award relief.

(California Court of Appeal) - Reversed order denying motion to vacate conviction. Defendant pled guilty to unlawful intercourse with a person under age 16 for which he received probation. He was then taken into custody by the Immigration and Naturalization Service and ordered removed. He admitted to violating his probation because he was in the custody of the INS and deported. He also married the victim and had two children by her. Defendant filed a petition to vacate his conviction under Penal Code 1473.7 which was denied by the trial court. The appeals court held that the trials court’s order must be reversed because the motion was denied based on untimeliness and without the presence of the defendant or his counsel.

(United States Ninth Circuit) - Remanded. The panel held that petitioner’s reliance on his lawyer’s erroneous advice that he was not required to update his fingerprints was reasonable and constituted “good cause” to grant a continuance, and remanded.

#architektura #architekt #dom #design

This note examines the published data protection impact assessment (DPIA) released by NHSX in relation to their contact tracing/proximity tracing app. It highlights a range of significant issues which leave the app falling short of data protection legislation. It does this in order so that these issues can be remedied before the next DPIA is published.

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

The goal: Let everyone play with many different TypeScript features and get an overview of TypeScript capabilities and principles.

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The complaint that Washington is out of step with Main Street has been circulating for roughly as long as each metonym has been in use. But it’s seldom, if ever, been more true than at this moment in the coronavirus pandemic.

I can’t stop laughing at this.

If this lede doesn't get you, I don't know what will. @davidmcswane's latest:

If the authorities can’t satisfy the public’s desire to know more, others will fill the void with misinformation. Carl Bergstrom, professor of biology at the UW, is mentioned.

Collection of list-style-type examples and the code to display them.

A s*** font that f***ing censors swearing automatically

By now I understood that the story I was telling about Val Kilmer, which I’d thought had been about a man’s relentless faith and optimism, was really about reconciliation: the squaring of two opposing things into something we swear is true despite all evidence to the contrary. Your beauty can sentence you to misery; Val Kilmer uses a tracheostomy tube, but he can talk; his brother is dead but only to our senses. Mark Twain despised Mary Baker Eddy, until you can will him into a dream where he doesn’t. God is good, and there are no ventilators. My beautiful friend has cancer, and the treatment exists, but it’s unavailable to her right now.

sparks - A typeface for creating sparklines in text without code.

Sure, the Velociraptors Are Still On the Loose, But That’s No Reason Not to Reopen Jurassic Park