New in the Industrial Law Journal "Belief vs. Action in Ladele, Ngole and Forstater" by Professor Robert Wintemute, Kings College London

https://t.co/jNYucKvKKa

Wintemute asks "Did the Employment Tribunal correctly distinguish the claimant’s belief from hypothetical (speculative, future) harmful action that might involve
discrimination against, or harassment of, a transgender co-worker or customer? "

He considers the case of Ladele - a registrar whose religious belief meant she would not conduct same sex weddings - her belief could not be accommodated, because she had chosen to act on it in a way that caused harm to others.

And Ngole, a student social worker who won his case " I never advocated any hate...towards people who are in same sex relationships. ... I never stated that people in same sex relationships should be treated differently.."

Wintemute notes "Ms Forstater was not dismissed because of her treatment of any transgender person, such as a co-worker or a customer of her employer..but because of her co-workers’ intolerance of her unfashionable (to them) belief that, in some situations, sex matters"

1/9 A thread of testimony submitted by experts in psychiatry, paediatrics & cognitive neuroscience from around the world to the High Court in the Tavistock Puberty Blockers case.

2/9 One expert said it had been left to those coming to the end of their careers to speak out because the atmosphere of hostility & intimidation facing critical voices made it impossible for younger people to do so

3/9 A global expert on autism reported that girls with autism or anorexia were much more likely to say they wanted to become boys; all young people with difficult childhoods were more likely to say they wanted to transition

4/9 The same expert said autistic teenagers seize on the promise of online sites suggesting their life-long problems will be resolved by transition. Up to 26% of the trans population have Autistic Spectrum Disorder

5/9 A Swedish Psychiatrist reported research saying if left alone, dysphoria usually resolves & girls want to live as women, also that he had treated autism in girls for 45 years and rarely saw gender dysphoria before 2013

A necessary clarification needs to be made with regards to securities laws because I’ve been seeing a theory lately not based on law but based on false presumptions. Before I do so, I want to note that I DO NOT think that XRP is a security (before I get “FUD” responses). 1/

Here it goes: There has been a theory that the SEC should only be pursuing the sales of XRP by Ripple, and once it exchanges hands it is no longer a security. Basically the theory is that the XRP the common investor holds (who bought off an exchange) is not a security because 2/

there is no privity with Ripple. Stated differently, the assumption is the SEC should categorize XRP into two pots: 1) XRP sold by Ripple and 2) all other XRP . The theory continues that a difference should be made and the SEC should clarify that it is only alleging the 3/

transactions made by Ripple to be transactions of securities. This theory is a fallacy. I’ve seen this theory argued by comparing XRP to a stock and noting the differences. It is important to note that this type of comparison cannot apply. 4/

The SEC is not alleging that XRP is a stock, but rather an “investment contract”. An Investment Contract is (1) an investment of money (2) in a common enterprise (3) with the expectation of profit (4) derived solely from the efforts of others. 5/

Law society published some guidance recently on e-signatures...https://t.co/g70MUWg6K0 - some thoughts and comments...

👁‍🗨 Witnessing...they conclude that witnesses have to be "physically present" and you cannot witness somebody by video link. Probably correct as a matter of case law. It's a shame they aren't more forceful in their urge for change here...

The point in witnessing has always been evidential. So that if one person claims they didn't actually sign a document, you have somebody you can call upon to attest evidence that they did or did not. Also adds some formality to the process to make people think

When you're using e-signature, people's email addresses are being put into a system. You also have IP addresses, geolocations, timestamps all recorded when people actually go on to sign the document. Doesn't this add quite a lot of evidential value?

Physical presence would help avoid a scenario where somebody gains access to somebody else's email account, signs a document and then gets somebody to witness. If that witness were virtual, they wouldn't see the mischief that has occurred...is this not quite a remote risk though?

On this day in history three years ago, ICE detained immigrant rights leader #RaviRagbir, and police arrested community members protesting this injustice. A reminder that when people stand up for immigrant rights, they are not treated with kid gloves. 1/

Ravi Ragbir, Jean Montrevil, and @NewSanctuaryNYC stood up against cruel and inhumane deportation policies. For that, they were surveilled, arrested, detained, and transferred to an immigration prison in FL in January 2018. 2/

Jean, co-founder of @NewSanctuaryNYC and congregant of @judsonchurchnyc was deported to Haiti on Jan.16, 2018, after coming to the U.S. as lawful permanent resident more than 30 years ago. ICE's actions separated him from his four U.S. citizen children. 3/

ICE continues to pursue Ravi's deportation (as recently as this Friday the government filed papers to try to get rid of the federal lawsuit staying Ravi's deportation). Ravi continues to fight for his freedom and stand up for immigrant rights. 4/

Ravi and Jean were not the only ones targeted for speaking out. 18 community members, including NYC elected leaders @JumaaneWilliams and @ydanis, were arrested during the protest against ICE's actions that occurred 3 years ago today. 5/

We are belatedly entering the hearing.

Ian Wise is setting out arguments.

#StopStonewall

Ian Wise:

Transgenderism is very controversial territory. ‘Perceived by the victim’ very controversial.

References the Miller case. Complaint could be made by third party.

#StopStonewall

Ian Wise:

A comment that is ‘perceived’ to be transphobic.

In the Miller case this led to police action which was found to be unlawful.

#StopStonewall

Ian Wise:

My client is concerned that a boy may enter the girls toilets.

On page 336, Activity 1c we see the toilet activity.

My client has a genuine concern.

She has sufficient interest in the application.

#StopStonewall

@USMarshalsHQ @DNI_Ratcliffe @SecPompeo

NOW: 6 days after the insurrection, the FBI says it’s ready to prove a “quick” update.
Here goes with updates from FBI:
•160 cases files have been opened
•100,000 digital media tips have been received
•they FBI admits they had intelligence warning of an attack

•FBI says an arrest the night before the Capitol attack indicates they took action
•@AndyTriay has previously reported: FBI “disrupted” a number of individuals from traveling to DC. Which means they were urged not to come – or somehow stopped.

•FBI says there will be hundreds of criminal cases against suspects at the Capitol and prosecuting them could take months
•the acting D.C. U.S. attorney says most investigations were opened on misdemeanor charges but now the feds will indict those people on federal felonies

BREAKING: The acting U.S. Attorney in Washington D.C. says he’s ordered prosecutors to build cases to charge Americans who stormed the Capitol with sedition & conspiracy, if the evidence warrants charges against them depending on how they were involved.

NOW: Acting U.S. Attorney in D.C. says charges will also be brought against people who attacked members of the media.

Several questions about protecting the inaugural, put to me by @ShawnAndersonDC and @bhaseltonWTOP on the air @wtop today.

1. How is Secret Service planning to protect the Inauguration from the violence that occurred last week?

Planning is the key word. They’ve been planning this inauguration for more than a year. And it’s important to note that comparing security around the Capitol on an ordinary day and an inauguration are like comparing an Apple to an entire Orange tree.

On Inauguration Day there are many thousands of people involved in protection that we don't see. There are technological capabilities, military and cyber assets, There are #WMD assets. The air, water and land are covered like a blanket.

2. What kind of threats are you hearing about...not just for the 20th...but other days too?

Many looking to engage violence in the run up to or during the inaugural are really upset because some of their social media sites are being taken offline, but plenty of others are still active and they are STILL talking about violence on those sites.

TW:/ Rape,Child Abuse,Violence
One Year & No Justice For Little Girl?,A Thread

For Some Reason,People Protest Against The "Safari" Rape In Maldives Went Worldwide. How About The 3 Year Old Girl Child? That's What The Rape Crisis In Maldives Begains.

#NoJusticeNoMaldives

The police, on 17th Jan 2020 , arrested two of three suspects accused of raping a two (Now Three) -year-old child in Southern Maldives.

The suspects were arrested in the afternoon, and were identified by the police only as a 62 (63) -year-old male and an 81 (82) -year-old male

Local residents who spoke to Sun confirm the men were the grandfather and great-grandfather of the victim.

The grandfather works as a muezzin at the island’s mosque, and had been previously accused of sexual abuse of children, said one local.

The child’s father had also been accused of involvement in the rape.

However, the police, in a statement on Friday, said that the suspects in the crime were two men, both of whom were now under arrest.

The rape had been reported to the authorities on 15th Jan 2020 after the child’s mother’s family found out about the crime when they questioned her after she complained of pain in her abdomen.

A quick thread about the legal issues surrounding the imposition of a “quarantine at a hotel” requirement for international travellers. These are initial thoughts: would welcome thoughts and contributions! NB I’m thinking about 🏴󠁧󠁢󠁥󠁮󠁧󠁿 only but this probably applies equally to 🏴󠁧󠁢󠁷󠁬󠁳󠁿.

The basic power is in section 45B of the Public Health (Control of Disease) Act 1984.

Subsection (2)(b) refers to the “detention, isolation, or quarantine of persons”.

So the legal basis looks clear. But regulations will also have to meet requirements of rationality. And since detaining people in a hotel room engages fundamental human rights (Article 5 of the ECHR), HRA tests of proportionality are in play too.

Though NB that Art 5(3)(e) ECHR expressly contemplates lawful detention for the prevention of the spreading of infectious disease.

Campaigner leading court action aiming to prove Scotland does not need WM’s blessing to hold an indyref has called on the Lord Advocate Jas Wolfe to say exactly who he represents, after a Court of Session judge yesterday described a motion as a “fishing diligence”.

Keatings:the most concerning aspect of the hearing was the refusal by Wolffe’s counsel to stipulate WHO the Lord Advocate is representing. “He was convened in this action to represent the interests of Scottish Parliament, NOT the Scottish Government."

Keatings: "We have a Lord Advocate (representing Scots parliament) being represented by ScotGov Legal Directorate (representing ScotGov), where Lord Advocate is supposed to be representing Scots Parliament but is advancing arguments on behalf of ScotGov, who have withdrawn!"

Keatings: “ScotGov seem to have dusted themselves in Lord Advocate coconut, & are trying to pass themselves off as a Scottish parliamentary snowball," antithetical to principle of separation of powers, as Lord Advocate spent more time wearing his “SG hat” than his parliament one

Keatings: although Wolffe is in Scottish Cabinet, his post is NOT supposed to be political: “I need say no more than my legal counsel Aidan O’Neill QC said in the hearing ... that the Lord Advocate seems to be a ScotGov mouthpiece.."

Hey all you ‘nothing is habbening’ guys 👋.

Check this out

This was last night in Sterling Virginia

EFCC Arrests Two Brothers, Six Other Suspected Internet Fraudsters in Osogbo
…4 Internet Fraudsters Convicted In Lagos

The Economic and Financial Crimes Commission, EFCC, Ibadan zonal office, on Thursday, January 28, 2021, arrested eight men suspected to be internet fraudsters in Osogbo, Osun State.

The suspects Akinrinmade Adepoju Sunday and his brother Akinrinmade Adeniyi were arrested in their room and parlor apartment, others are Dennis Oluwamuyiwa, Oni Oluwaseyi, Adeyemo Adeyinka, Aborisade Abayomi, Goodluck Olatayo, and Gbolahan Sodiq.

They were arrested at their hideout in Ayegbami area of the ancient town by operatives, working on actionable intelligence on their alleged criminal activities.

Items recovered from the suspects include two cars, laptops and mobile phones.

They will be charged to court as soon as investigations are concluded.

In a related development, the Lagos Zonal office of the Commission has secured the conviction of four internet fraudsters.