(United States Ninth Circuit) - In a putative class action against an employer, alleging it has not maintained its pension plan in compliance with the the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. section 1001 et seq., the District Court's partial summary judgment in favor of plaintiff is affirmed where pension plan was subject to the requirements of the Employee Retirement Income Security Act and did not qualify for ERISA’s church-plan exemption.

(California Court of Appeal) - In a case to decide whether the City and County of San Francisco can compel state universities that operate parking lots in the city to collect city taxes from parking users and remit them to San Francisco, the trial court's denial of the City's petition for writ of mandate is affirmed where the California Constitution's 'home-rule provision' -- which grants charter cities broad powers, including the power to tax -- does not create an exception to the long-recognized doctrine that exempts state entities from local regulation when they are performing governmental functions.

(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.

(California Court of Appeal) - Affirmed a $4 million default judgment against the Jehovah's Witness religious organization, in a lawsuit brought on behalf of a child who allegedly was sexually molested by a congregation elder. The default judgment was a sanction for the religious organization's refusal to produce certain documents in discovery.

(United States Seventh Circuit) - Revived a church's claim that a city's zoning code violated federal and state statutes protecting religious freedom by treating religious uses of property on unequal terms with analogous secular uses and unreasonably limiting where religious organizations may locate in the city. Reversed a grant of summary judgment and remanded.

(United States Ninth Circuit) - In the appeal of a breach of contract and copyright infringement case involving the movie 'The Purge,' the district court's denial of defendant's anti-SLAPP motion to strike a state law claim for breach of implied-in-fact contract, is affirmed where the breach of contract claim did not arise from an act in furtherance of the right of free speech since the claim was based on defendants' failure to pay for the plaintiff's idea, not the creation, production, distribution, or content of the films.

(United States Second Circuit) - Affirming the dismissal for failure to state a claim allegations of First Amendment violations by the City of New York, but reversing as to Manhattan Community Access Corporation and its employees because public access TV channels are a public forum and the corporation and its employees were state actors when they fired workers who produced segments critical of the corporation.

(United States Fourth Circuit) - Affirming the district court's rejection of First Amendment violation claims brought by an exotic dancing venue complaining that a city regulates sexually oriented businesses differently than it does mainstream performances such as ballets and concerts, that the law violates the Equal Protection Clause of the Fourteenth Amendment by barring 18 to 21 year olds from owning sexually oriented businesses, but finding that the district court erred in rejecting a claim that the denial provisions of the licensing regulation are an unconstitutional prior restraint, striking this provision from the Ordinance and remanding to consider its severability.

(United States Fifth Circuit) - Held that a company had legal standing to challenge a city council resolution barring it from holding a controversial love- and sex-themed expo at the city's convention center. Reversed the district court's ruling on standing, which was based on the specific language of the resolution, in a case where the company asserted First Amendment, equal protection, and other claims against the city.

(United States Third Circuit) - Affirming a summary judgment to the defendant Tyson Foods in a dispute involving their use of the word 'Parks' in reference to hotdogs where the plaintiff once held trademark on this word's use to sell hotdogs until it failed to renew the trademark in the early 2000's.

(United States Second Circuit) - Affirmed in part, vacated and remanded in part. Finding no clear error in the district court’s determination that Defendant’s trademark infringement was willful, the award of gross profits was proper. However, the question of attorney’s fees and pre-judgement interest is remanded for further proceedings.

(United States Supreme Court) - Held that the Tennessee Valley Authority is subject to suits challenging any of its commercial activities, just as if it were a private corporation supplying electricity. The TVA insisted that, as a government-owned corporation, it has sovereign immunity from all tort suits arising from its performance of so-called discretionary functions. However, the U.S. Supreme Court disagreed in a unanimous opinion delivered by Justice Kagan.

(United States Supreme Court) - Held that Title VII's charge-filing requirement is not jurisdictional and thus is subject to forfeiture if tardily asserted. The issue involved whether an employer waited too long to dispute that a discrimination plaintiff filed a proper complaint with the Equal Employment Opportunity Commission before initiating suit. Justice Ginsburg delivered the opinion for a unanimous Court.

(United States Supreme Court) - Held that a private entity operating public access cable TV channels was not subject to First Amendment constraints on its editorial discretion. The producers of a controversial documentary film contended that the nonprofit corporation running the public access channels was a state actor because it was exercising a function traditionally exclusively reserved to the State, and therefore was subject to suit for violating their free speech rights. However, the U.S. Supreme Court disagreed. Justice Kavanaugh delivered the opinion of the 5-4 Court.

(United States Fifth Circuit) - Deny petition for review. Plaintiff appealed dismissal of application for asylum and withholding of removal. Petition for stay of removal was granted, but denied the award of attorney fees. Plaintiff appealed the denial of attorney fees. Appeals court ruled that Plaintiff was not entitled to attorney fees under the Equal Access to Justice Act because the government’s actions were substantially justified.

#architektura #architekt #dom #design

#architektura #architekt #dom #design

#architektura #architekt #dom #design

RT @VanityFair: Trumpworld's campaign to blame China for creating the coronavirus is ramping up—even as the U.S. intelligence community and WHO insist otherwise

RT @antimega: At @GDSTeam we’re running a number of online events for Global Accessibility Awareness Day on 21 May - please join us! #accessibility #AccessibilityRegulations

This page provides answers to frequently asked questions about Program Integrity issues for the second round of the 2009 negotiated rulemaking activities for higher education. This page provides information on credit hours.

Feb 2020 article "...Wright, Bradfield, & Cairns (2013) noted a methodological separation of the intuitive logics approach popularized by Royal Dutch Shell (Wack, 1985a, 1985b) from firm‐level strategy concepts like business models (Zott, Amit, & Massa, 2011), competitive positioning (Porter, 1985), and resource capabilities (Barney, 1991)... The weakening of the connection, related to both the use of scenario planning and the research into it, is the historical connection to strategy process research."

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

(NY Court of Appeals) - No. 85

Wow! Noise is a secret killer of performance. A 10db noise increase (from a dishwasher to a vacuum) drops productivity by 5% - but most people don't notice since it impacts cognition, not effort. Also, note that noise is greater in poorer neighborhoods...

via Health News - The New York Times https://nyti.ms/2WLL65m

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

The Pandemic Is the Time to Resurrect the Public University via Instapaper https://ift.tt/3dsBHFd

Do. The. Work.

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

"Give your video calls a makeover, with this selection of over 100 empty sets from the BBC Archive." Very good. (via @wonderlandblog)

(United States Federal Circuit) - Held that a patent claim relating to light-emitting diodes was invalid because it did not meet the enablement requirement. After a jury found that the defendants had infringed Boston University's patent, the defendants appealed on the ground that the patent was invalid because it did not adequately teach the public how to make and use the invention. Agreeing with this argument, the Federal Circuit held that the defendants were entitled to judgment as a matter of law.

(United States Federal Circuit) - Affirmed a judgment of no interference-in-fact in a patent case involving the CRISPR-Cas9 system for the targeted cutting of DNA molecules. The Federal Circuit found no error in the Patent Trial and Appeal Board's conclusion of no interference-in-fact, in this case pitting the Broad Institute, Inc., Massachusetts Institute of Technology, and others against the University of California, the University of Vienna, and others.

(Supreme Court of California) - A prosecutor in a criminal case has a duty to disclose to the defense information that they personally know and information that they can learn about that is favorable to the accused. This obligation to disclose even includes restricted information about law enforcement officers. A law enforcement agency may disclose to the prosecution identifying information about an office and relevant exonerating or impeaching material in a confidential personnel file.

(WV Supreme Court of Appeals) - No. 18-0408

Playing the New Zealand Warriors across the ditch is a tough assignment at the best of times. When you are down on troops and up against a lopsided penalty count, the task becomes close to impossible.

THE installation of a special boundary to help Orthodox Jewish families carry out normal activities on holy days has erupted into a fight with council.

(United States Ninth Circuit) - In a whistleblower claim brought under the Dodd-Frank Act’s anti-retaliation provision, the district court's denial of the defendant's motion to dismiss is affirmed where, in using the term 'whistleblower,' Congress did not intend to limit protections to those who disclose information to the Securities and Exchange Commission. Rather, the anti-retaliation provision also protects those who were fired after making internal disclosures of alleged unlawful activity under the Sarbanes-Oxley Act and other laws, rules, and regulations.

(United States Federal Circuit) - Held that a patent claim relating to light-emitting diodes was invalid because it did not meet the enablement requirement. After a jury found that the defendants had infringed Boston University's patent, the defendants appealed on the ground that the patent was invalid because it did not adequately teach the public how to make and use the invention. Agreeing with this argument, the Federal Circuit held that the defendants were entitled to judgment as a matter of law.

(United States Federal Circuit) - Affirmed a judgment of no interference-in-fact in a patent case involving the CRISPR-Cas9 system for the targeted cutting of DNA molecules. The Federal Circuit found no error in the Patent Trial and Appeal Board's conclusion of no interference-in-fact, in this case pitting the Broad Institute, Inc., Massachusetts Institute of Technology, and others against the University of California, the University of Vienna, and others.

(California Court of Appeal) - Trial court's grant of a county sheriff's department's petition for a writ of administrative mandate seeking to vacate a hearing officer's decision concerning a terminated correctional officer's request for a Pitchess motion is reversed where: 1) an administrative hearing officer may rule on a Pitchess motion where Pitchess discovery is relevant; and 2) if Pitchess discovery is relevant to an officer's defense in a section 3304(b) hearing, the officer who is subject to discipline must have the opportunity to demonstrate the relevance of the personnel records of other officers and to obtain the records if they are relevant.

(California Court of Appeal) - Judgment denying plaintiff-student's petition for writ of mandate to overturn a two-quarter suspension from the University of California San Diego for hitting another student in the head is affirmed, where the University's Student Conduct Code authorized either the student conduct officer responsible for his case or the Council of Deans of Student Affairs to impose suspension as a sanction when the student conduct review board did not recommend suspension.