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MLB podcast: KBO gets underway, MLB tells players to prepare




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Agents lament 'grossly shortsighted' approach to 2020 MLB Draft




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USGA cancels local qualifying, 'premature to speculate' on U.S. Open




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World Golf Ranking paused while professional tours take break




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Golf betting preview: Women's Cactus Tour




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Watch the 2019 DCI World Championship Prelims live in theatres

The Drum Corps International World Championship Prelims will be shown live in more than 500 theatres on Thursday, August 8 when Big, Loud and Live 16 begins at 6:30 PM Eastern.




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Netherlands manager Koeman undergoes heart procedure




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Koeman fine after heart procedure: 'That was quite a shock'




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In re marriage of Ciprari

(California Court of Appeal) - In a marital dissolution proceeding, resolved issues involving child and spousal support awards, division of assets and other matters.




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Regional Economic Community Action Program, Inc. v. Enlarged City School District of Middletown

(Court of Appeals of New York) - In a tax-exempt charitable organization's action against a school district seeking to recoup erroneously paid taxes, summary judgment in favor of the school district is affirmed, where: 1) the school district was entitled to rely on the one-year statute of limitations in Education Law section 3813(2-b) rather than the general six-year period for contract actions; and 2) the taxpayer's cause of action for money had and received accrued when it paid the taxes, which was more than one year before it filed suit.




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Minorty Television Project, Inc. v. Federal Communications Comm'n

(United States Ninth Circuit) - In a challenge to federal statutory restrictions on certain types of advertising by public broadcast TV stations, the district court's grant of summary judgment to the FCC is: 1) affirmed in part, where 47 U.S.C. section 399b(a)(1), restricting paid advertisements for goods and services on behalf of for-profit corporations, was not an unconstitutional speech restriction under the intermediate scrutiny standard; 2) reversed in part, where sections 399b(a)(2) and (3), restricting public-issue advertisements and political advertisements, were unconstitutional speech restrictions under intermediate scrutiny, as there was no evidence of harm to a substantial governmental interest.




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Am. for Prosperity Found. v. Harris

(United States Ninth Circuit) - In an action brought by two nonprofit organizations challenging the California Attorney General's collection of IRS Form 990 Schedule B forms, containing identifying information for their major donors, under California's Supervision of Trustees and Fundraisers for Charitable Purposes Act, Cal. Gov't Code section 12584, the district court's preliminary injunction for plaintiffs is modified to prohibit making the information public but permit defendant to keep collecting the data for enforcement




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Americans for Prosperity Foundation v. Becerra

(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.




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G and G Productions LLC v. Rusic

(United States Ninth Circuit) - Reinstated a lawsuit alleging that a woman stole an oil painting worth millions of dollars from her former husband, an Italian film producer. The woman, an Italian citizen, argued that the claims against her were time-barred under California's borrowing statute, because the applicable 10-year Italian statute of limitations would bar those claims in an Italian court; the district court agreed with her. Vacating in part, the Ninth Circuit remanded for further proceedings on the replevin and unjust enrichment claims and on the request for declaratory relief.




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Jenni Rivera Enterprises v. Latin World Entertainment etc

(California Court of Appeal) - Reversed order denying Defendant’s motion to strike. Plaintiff represented deceased celebrity, Jenni Rivera, and they sought to restrict disclosure by Defendant broadcaster of certain information. Appeals court ruled the First Amendment protected broadcaster’s use of information and reversed trial court order.




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Covertech Fabricating Inc v. TVM Building Products Inc.

(United States Third Circuit) - In a trademark dispute in which no written contract designates ownership, involving the paradigm through which common law ownership of an unregistered trademark is determined when the initial sale of goods bearing the mark is between a manufacturer and its exclusive distributor, the district court's judgment is: 1) affirmed on alternative grounds as to ownership, where the court failed to recognize and apply the rebuttable presumption of manufacturer ownership that pertains where priority of ownership is not otherwise established; 2) affirmed as to fraud and acquiescence; and 3) vacated and remanded on damages under the Lanham Act, where the court incorrectly relied on gross sales unadjusted to reflect sales of infringing products to calculate damages.




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Dan Farr Productions v. San Diego Comic Convention

(United States Ninth Circuit) - Ordering the district court to vacate orders prohibiting the petitioner from expressing their views on litigation or republishing public documents over social media platforms, and requiring them to post a disclaimer prohibiting comment on the litigation because this amounted to prior restraint on their First Amendment rights.




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Moldex-Metric, Inc. v. McKeon Products, Inc.

(United States Ninth Circuit) - Reversing the district court's summary judgment in favor of the defendant in a suit for trademark infringement relating to foam earplugs in a specific bright green color used by the plaintiffs in their earplugs because the district court's conclusion that the green color mark was functional and therefore not protectable as trade dress was in error. The existence or nonexistence of alternative designs is probative of functionality or nonfunctionality and a genuine issue of fact regarding whether the color was functional remained.




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Springboards to Education, Inc. v. Houston Independent School District

(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.




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Express Oil Change, L.L.C. v. Mississippi Board of Licensure for Professional Engineers and Surveyors

(United States Fifth Circuit) - Held that the First Amendment's commercial speech protections entitled a company to operate automotive service centers under the name "Tire Engineers," even though a state board that licenses engineers objected to the use of the profession's occupational title. Reversed and rendered summary judgment in favor of the company, in this declaratory judgment action.




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Mission Product Holdings, Inc. v. Tempnology, LLC

(United States Supreme Court) - Held that a bankrupt company's rejection of a trademark licensing agreement did not deprive its licensee of the rights to use the trademark. The U.S. Supreme Court interpreted Section 365 of the Bankruptcy Code, which enables a debtor to reject any executory contract, meaning a contract that neither party has finished performing. Justice Kagan delivered the opinion of the 8-1 Court.




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Barrington Music Products, Inc. v. Music and Arts Center

(United States Seventh Circuit) - Addressed a damages issue in a case where a jury found that a musical instrument retailer infringed another retailer's trademark. Affirmed the denial of the plaintiff's motion amend the judgment.




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Bucklew v. Precythe

(United States Supreme Court) - Held that a death row inmate's execution by lethal injection would not subject him to constitutionally impermissible suffering, even if his unusual health issues meant that he would experience particularly excruciating pain. The inmate contended that his medical condition meant Missouri's legal injection protocol was unconstitutional as applied to him. In a 5-4 decision, the U.S. Supreme Court held that he failed to satisfy the Baze-Glossip test. Justice Gorsuch delivered the majority opinion.




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Mission Product Holdings, Inc. v. Tempnology, LLC

(United States Supreme Court) - Held that a bankrupt company's rejection of a trademark licensing agreement did not deprive its licensee of the rights to use the trademark. The U.S. Supreme Court interpreted Section 365 of the Bankruptcy Code, which enables a debtor to reject any executory contract, meaning a contract that neither party has finished performing. Justice Kagan delivered the opinion of the 8-1 Court.




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PDR Network, LLC v. Carlton Harris Chiropractic, Inc.

(United States Supreme Court) - Addressed whether the Telephone Consumer Protection Act prohibits unsolicited fax advertisements that promote free goods, such as no-cost magazine subscriptions and catalogs. The specific issue here had to do with whether the district court was required to adopt the Federal Communications Commission's interpretation of the statute. The U.S. Supreme Court stated that it found the question difficult to answer, and remanded with directions for the lower courts to resolve two preliminary issues. Justice Breyer delivered the Court's opinion.




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Academic Fashion: A discussion and what I wore this semester as the Professor : femalefashionadvice

#architektura #architekt #dom #design




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Little Richard nie żyje. Muzyk, znany z przeboju "Tutti Frutti", miał 87 lat - TVN24

Najnowsze wiadomości - TVN24 Little Richard, znany między innymi z przeboju "Tutti Frutti", zmarł w sobotę w wieku 87 lat - poinformował na swojej stronie internetowej magazyn "Rolling Stone". Piosenkarz, pianista i pastor jest uważany za jednego z pionierów rock and rolla. https://ift.tt/37OsBj9




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Program Integrity Questions and Answers - Credit Hour

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.




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LawArXiv Papers | Analysis of the NHSX Contact Tracing App ‘Isle of Wight’ Data Protection Impact Assessment

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.




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Brooklyn social distancing arrests disproportionately for people of color - Business Insider

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




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Scenario planning as strategic activity: A practice‐orientated approach - Bowman - - FUTURES & FORESIGHT SCIENCE - Wiley Online Library

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."




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Government Orders Alone Didn’t Close the Economy. They Probably Can’t Reopen It. - The New York Times




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(500) https://www.washingtonpost.com/local/legal-issues/justice-dept-moves-to-void-michael-flynns-conviction-in-muellers-russia-probe/2020/05/07/9bd7885e-679d-11ea-b313-df458622c2cc_story.html

RT @mrbromwich: I have been in and around DOJ since 1983. I have never seen a case dropped after someone has pled guilty and the underlying facts demonstrate beyond any shadow of a doubt he is guilty. This is simply a pardon by another name. A black day in DOJ history.




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New Google Lens features to help you be more productive at home

Google Lens now lets you copy/paste text from handwritten notes to your laptop!




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Speed up your Mac via hidden prefs | The Robservatory




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(500) https://joshuatdean.com/wp-content/uploads/2020/02/NoiseCognitiveFunctionandWorkerProductivity.pdf

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...




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Universal basic income seems to improve employment and well-being | New Scientist

When surveyed, people who received universal basic income instead of regular unemployment benefits reported better financial well-being, mental health and cognitive functioning, as well as higher levels of confidence in the future.




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Universal basic income seems to improve employment and wellbeing | New Scientist

Finland’s two-year test of universal basic income has concluded that it doesn't seem to disincentivise working, and benefits recipients’ mental and financial wellbeing




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Untitled (https://www.propublica.org/article/how-profit-and-incompetence-delayed-n95-masks-while-people-died-at-the-va)

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




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Regular Expressions for Regular Folk | Regular Expressions for Regular Folk (REFRF)




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Ask HN: Is your company sticking to on-premise servers? Why? | Hacker News




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Zoom Acquires Keybase and Announces Goal of Developing the Most Broadly Used Enterprise End-to-End Encryption Offering - Zoom Blog




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The plan is to have no plan - PressThink




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Winners of Family Pass to Disney on Ice presents Magical Ice Festival

Frozen fans can rejoice. Disney On Ice presents Magical Ice Festival which opens in Australia in June for the first time and will feature characters from the hit movie Frozen. The 2016 ice spectacular will also present the enchanting adventures of Disney’s The Little Mermaid, Tangled and Beauty and the Beast, presented by popular hosts Mickey Mouse, Minnie Mouse, Donald Duck and Goofy.




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The Open focused on proceeding as scheduled, exploring contingencies




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CEO 'fully prepared' for PGA Championship to be played without fans




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GoPro, Inc. v. Contour IP Holding, LLC

(United States Federal Circuit) - Vacated and remanded the Patent Board's prior ruling against plaintiff which had filed suit to challenge the defendant’s proposed patent. In vacating and remanding, the Appellate court ruled that plaintiff’s printed catalog was prior art and that the defendant’s proposed patent could have been based on information in that catalog and that the trial court had not properly considered the catalog in making its finding.




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Villareal v. Bureau of Prisons

(United States Federal Circuit) - Affirmed an arbitrator’s decision sustaining plaintiff’s removal from employment as a corrections officer with the Bureau of Prisons. The Federal Circuit reasoned that there was no claim of prejudice for the delay between the notice of employment infractions and the date of termination and it found plaintiff’s other arguments unpersuasive.




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No support for official walk to school program

MOSMAN Council has abandoned plans for an official walk to school program because of a lack of support from primary schools in the area.




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Report: United recall players to UK as Premier League eyes restart