(California Court of Appeal) - In a trespass suit brought by a grocery store against a church soliciting donations in front of the store, summary judgment in favor of the store is affirmed, where: 1) the church's solicitation was not protected by In re Lane (1969) 71 Cal.2d 872, because there was no relation between the church's expressive activities and the store's location; and 2) the church did not contend or present evidence to establish that the store or the sidewalk in front was a public forum within the meaning of Robins v. Pruneyard Shopping Center (1979) 23 Cal.3d 899.

(California Court of Appeal) - Reversing a trial court judgment relating to a motion picture company's contract to pay Bruce Willis to perform in a movie because the owner of the company was joined to arbitration despite his not having been named personally in the arbitration agreement relating to the never-produced movie Wake.

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."

(United States Federal Circuit) - Vacated in part and affirmed in part. Plaintiff owns patents for making flameless candles. The Patent Trial and Appeal Board held that certain claims by plaintiff were unpatentable and some claims were time barred. The Federal Circuit vacated the time barred decision as to one of the claims and affirmed the Board’s decision as to the other claims.

(California Court of Appeal) - Following an incident in which plaintiff-deputy allegedly used excessive force, plaintiff was demoted. Judgment of the trial court finding that the hearing officer, who upheld the demotion for use of excessive force, had not exercised independent judgment is reversed, where: 1) under the Memorandum of Understanding, the hearing officer was required to exercise independent judgment not only with respect to whether there were grounds for discipline, but also with respect to the nature of the discipline; and 2) the hearing officer's failure to use independent judgment would not have changed the outcome and was therefore not prejudicial.

(California Court of Appeal) - Upheld a Veterinary Medical Board decision to take disciplinary action against a veterinarian for improperly treating four animal patients. Affirmed the denial of the veterinarian's petition for a writ of administrative mandate.

(United States Sixth Circuit) - In a trademark and trade dress infringement suit filed against a toy company by GMC involving a series of toy vehicles resembling GMC's Hummer, summary judgment for GMC is affirmed where: 1) despite the district court's failure to adequately discuss the Frisch factors, summary judgment was appropriate on the trademark infringement claim due to the weight of the factors in favor of a finding a likelihood of confusion; 2) GMC established that there were no material issues of fact as to any of the three elements of trade dress infringement; and 3) denial of summary judgment on laches and estoppel defenses was proper.

(United States Federal Circuit) - Vacated in part and affirmed in part. Plaintiff owns patents for making flameless candles. The Patent Trial and Appeal Board held that certain claims by plaintiff were unpatentable and some claims were time barred. The Federal Circuit vacated the time barred decision as to one of the claims and affirmed the Board’s decision as to the other claims.

(United States First Circuit) - Affirmed the dismissal of an Indian tribe's complaint against federal and Rhode Island agencies concerning a highway bridge reconstruction. The tribe argued, at base, that the state of Rhode Island broke a promise to give the tribe three parcels of land as mitigation for the expected negative impact on historic tribal land of an I-95 bridge replacement project. Agreeing with the district court, the First Circuit held that the tribe's claims were barred by federal sovereign immunity and lack of subject matter jurisdiction.

(United States Ninth Circuit) - Affirming the district court dismissal of claims brought by a monkey, the continuation of the fascinating Monkey Selfie suit, holding that while the monkey had constitutional standing to bring suit, he lacked statutory standing to claim copyright infringement because the Copyright Act doesn't expressly authorize animals to file copyright infringement suits.

NMS Has Been One Of The Choice Places For Music Pros And Artists To Gather And Discuss The Future Of The Music Industry Since Its Creation In 1980

Sonarworks Software Proves To Be The ‘secret Sauce’ In International Car Audio Competition

In the midst of the constant up-and-down of coronavirus news, both from science and the markets, it’s easy to lose sight of the scariest scenario of them all: the one where there’s no magic bullet. In this entirely plausible situation, there would be no effective Covid-19 vaccine or transformative therapy; the combination of testing and contact tracing wouldn’t successfully suppress the outbreak; and herd immunity would come, if at all, only after millions of deaths around the world.

(United States Third Circuit) - Reinstated a former 911 dispatcher's claim that her former supervisors gave false, defamatory job references to her prospective employers to retaliate against her for her previous employment complaints, in violation of her constitutional rights. The dispatcher claimed that undeserved negative references had prevented her from obtaining other employment. Reversing the dismissal of her complaint, the Third Circuit held that she adequately pleaded a First Amendment retaliation claim.

(United States First Circuit) - Affirmed the dismissal of an Indian tribe's complaint against federal and Rhode Island agencies concerning a highway bridge reconstruction. The tribe argued, at base, that the state of Rhode Island broke a promise to give the tribe three parcels of land as mitigation for the expected negative impact on historic tribal land of an I-95 bridge replacement project. Agreeing with the district court, the First Circuit held that the tribe's claims were barred by federal sovereign immunity and lack of subject matter jurisdiction.

In the midst of the constant up-and-down of coronavirus news, both from science and the markets, it’s easy to lose sight of the scariest scenario of them all: the one where there’s no magic bullet. In this entirely plausible situation, there would be no effective Covid-19 vaccine or transformative therapy; the combination of testing and contact tracing wouldn’t successfully suppress the outbreak; and herd immunity would come, if at all, only after millions of deaths around the world.

Analysts and industry officials were searching for new adjectives Monday to describe the cataclysmic fall of oil prices into sub-zero territory for the first time ever, prompting analysts to predict the idling of wells and bankruptcies.

In an upcoming webinar on April 2, learn tips on site design, SEO, monetization, and mobile optimization.

Construction of load-carrying geosynthetic-reinforced bridge abutments are surging worldwide. The design directly supports the load of bridge girders without the need of deep foundation. TRB is hosting a webinar on Tuesday, May 26, 2020 from 2:00 to 4:00 PM Eastern that will provide an overview, comparison, and discussion of methodologies used in the design of such bridge abutments. They have the potential of alleviating the “bump at the bridge,” expediting construction, and requiring comparatively smal...

Is your organization aiming to increase the participation of minority-and women-owned businesses in state and local transportation projects? TRB will conduct a webinar on Wednesday, May 27, 2020, from 2:00 PM to 3:30 PM Eastern to discuss how to meet the goals set by the U.S. Department of Transportation Disadvantaged Business Enterprise (USDOT DBE). State and local transportation projects that receive federal funding are mandated to go through the triennial DBE goal-setting process. Make your next goals...

The charismatic and familiar monarch butterfly serves as a flagship species for pollinator conservation, and gives rights-of-way entities opportunities to engage a diverse array of stakeholders who are invested in not only restoring monarch numbers to sustainable levels, but also mitigating many other environmental and economic issues. This pre-publication draft of the TRB National Cooperative Highway Research Program's NCHRP Research Report 942 Pre-Pub: Evaluating the Suitability of Roadway Corridors fo...

The National Cooperative Highway Research Program's NCHRP Web-Only Document 272: Existing and Emerging Highway Infrastructure Preservation, Maintenance, and Renewal Definitions, Practices, and Scenarios provides appendices to NCHRP Report 750, Volume 7: Preservation, Maintenance, andRenewal of Highway Infrastructure .

In the days of coronavirus disease (COVID-19), we are seeing a reduction in overall traffic volumes and crash-related injuries and fatalities. What are the nuances of this situation, and what lessons can we learn to advance transportation safety research and practice? TRB is hosting a webinar on Wednesday, May 20, 2020, from 1:00 to 2:30 PM Eastern that will explore the impacts of COVID-19 on traffic crashes and overall highway safety conditions. This webinar is cosponsored by the Pacific Southwest Regio...

How do transportation agencies apply principles of green infrastructure (GI) to roadside water management? TRB is hosting a webinar on Monday, May 18, 2020 from 2:00 to 3:30 PM Eastern that aims to answer this question. Presenters will identify how GI may be used to mitigate impacts of flooding, drought, and temperature extremes that affect infrastructure. This webinar draws on research from the National Cooperative Highway Research Program (NCHRP) Domestic Scan Program 16-02: Leading Landscape Design Pr...

Airports must maintain a safe and efficient facility while considering environmental impacts. Though traditional environmental challenges such as noise and water quality remain, several new themes are emerging, including energy management, sustainability, resiliency, and wildlife management. Airports will need guidelines and practices to help them address these pressing issues, and the first step in the process is to identify knowledge gaps and research needs. The TRB Airport Cooperative Research Program...

Eugene (Gene) Dynarski, best-known to original series fans as Ben Childress on Mudd’s Woman, has died at the age of eighty-six at...

Self-consolidating concrete (SCC) is a highly flowable, nonsegregating concrete that is placed without any mechanical consolidation. TRB will conduct a webinar on Thursday, June 11, 2020, from 1:00 PM to 3:00 PM Eastern to discuss how SCC may be used to fill heavily congested or irregularly shaped members in bridge applications more easily while providing improved in-place quality and surface finish.The use of SCC may also decrease construction costs due to the reduced labor requirements during construct...

Does your organization know how to measure and verify pavement surface condition data based on mapping sensor technologies? TRB will conduct a webinar on Wednesday, June 10, 2020, from 1:00 PM to 3:00 PM Eastern to discuss the challenges and solutions from experience on actual projects. In pavement management systems, accurate and precise condition data are essential for making data-driven decisions about maintenance and rehabilitation projects. Some condition data, including surface cracking and other d...

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Alterations in calcium signaling in pancreatic acinar cells can result in pancreatitis. Although pressure changes in the pancreas can elevate cytosolic calcium (Ca2+) levels, it is not known how transient pressure-activated elevations in calcium can cause prolonged calcium changes and consequent pancreatitis. In this issue of the JCI, Swain et al. describe roles for the mechanically activated plasma membrane calcium channels Piezo1 and transient receptor potential vanilloid subfamily 4 (TRPV4) in acinar cells. The authors used genetic deletion models and cell culture systems to investigate calcium signaling. Notably, activation of the Piezo1-dependent TRPV4 pathway was independent of the cholecystokinin (CCK) stimulation pathway. These results elegantly resolve an apparent discrepancy in calcium signaling and the pathogenesis of pancreatitis in pancreatic acinar cells.

"Well, reducing the election to personalities is kind of infantile at this point. The fact is, we live in a system that Sheldon Wolin calls inverted totalitarianism. It’s a system where corporate power has seized all of the levers of control. There is no way to vote against the interests of Goldman Sachs or ExxonMobil or Raytheon." Continue reading →

Bernie Sanders' voting record is not progressive. It has been reported on Facebook that Bernie has voted 98% of the time in agreement with Senate Democrats and 93% of the time in agreement with Hillary Clinton. And here is Bernie Sanders' illustrious "progressive" voting record...LOL. Show this to all his crazed cult followers who claim he is a progressive and has done so much for us...LOL. Continue reading →

[Image: EO Browser, Sinergise Ltd/Attribution 4.0 International CC by 4.0), via The War Zone.] Comas of temporarily abandoned cruise ships—maritime ruins in an age of COVID-19—have been popping up on the outer edges of Caribbean islands, visible in satellite photos of the sea. Ships from Carnival, Celebrity, and Royal Caribbean now form a strange new … Continue reading "Snare Space"

A l’occasion de VMworld® 2016, VMware, Inc. (NYSE : VMW) et IBM (NYSE : IBM) annoncent la disponibilité de services Cloud d’un genre nouveau, permettant aux entreprises de migrer rapidement et simplement des ressources informatiques d’entreprise vers le Cloud. Avec déjà plus de 500 clients concernés, le partenariat mondial entre IBM et VMware aide de plus en plus d’organisations à étendre leurs ressources informatiques existantes vers le Cloud en quelques minutes au lieu de plusieurs semaines ou mois.

He'd only meant it as a joke, but here she was. Ginny Weasley, his celebrity crush, armed with economy toilet paper rolls and three dozen eggs, ready to commit a misdemeanor all in the name of charity. Muggle AU

My student, Jaume de Dios, has set up a web site to collect upcoming mathematics seminars from any institution that are open online.  (For instance, it has a talk that I will be giving in an hour.)   There is a form for adding further talks to the site; please feel free to contribute (or make […]