BC LAW

Akiva Cohen
@AkivaMCohen 4 years, 5 months ago 654 views

So Dominion sued Rudy for defamation. How are they ever going to allege actual malice?

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Dear Texas: When your argument is that election procedures were adopted in violation of the Electors clause, the only evidence you need to "marshal" is "what election procedures were adopted and how"

You don't need weeks, a magnifying glass, and Melissa Carone

Also, why is there no other forum? You couldn't have sued in Federal court in Georgia or PA in advance of the election because ...?

Oh, right. No standing. That's still a problem

Also, Texas? I feel like you should take that up with ... Texas

I kind of feel like "look, what you meant by Purcell was let's just wait until after the election and then invalidate ALL the votes" isn't necessarily the *strongest* argument

Also, you don't just get to make up a new principle of constitutional and election law and just call it "a variant of" Purcell (or anything else).

You can tell it's made up by the total absence of any citation to ANY case, ANYWHERE, saying that

Akiva Cohen
@AkivaMCohen

Goddamn it, Texas, I don't have time for this today.

Fine. Fine. A brief thread. (Yesterday I said I'd do a brief thread on the Michigan decision and finished an hour and a half later. Can't let this be that, today).

OK. Texas filed a motion for leave to file a complaint against PA, GA, MI and WI in the Supreme Court. Someone else can lawsplain to you how that works, or you can google the highlighted rules, but briefly, this is a thing they can theoretically do

There is a MASSIVE contradiction at the heart of this complaint, and its doomed for other reasons, too (standing, laches, abstention)

They have three theories for why they can sue:
1) Violation of the Electors Clause of the Constitution ("the Constitution gives state legislatures exclusive control of the manner of selecting electors and judicial action can't change it)
2) "Counties applied different rules"

And 3) "you didn't have as strict voter ID requirements as we'd like, and that's unconstitutional for reasons"

That's it. That's the case

Akiva Cohen
@AkivaMCohen

Somebody asked me about this idiotic "PenceCard 2: Electric Boogaloo" article, and people, just stop worrying about this stuff.

The conspiracy wing of the GOP is going to keep pumping out these "Ten Neat Tricks to steal an election [number 8 will shock you!]" articles straight through the inauguration. (Yes - don't expect this to stop after the electoral votes are counted)

None of it is real. None of it has any legal basis. It's fantasy written by fantasists for coping MAGA-ites who find reality just too painful to accept. Ignore it.

This particular flavor of wishcasting was written by Ted Noel. Unless there are two "Ted Noel"s writing nonsense for the American Thinker, Noel is a doctor, not a lawyer or scholar, who nevertheless writes about legal issues

This actually makes me feel a bit better, because the thought that a *lawyer* could think that Pence had "plenary power" to discard state election certificates for any reason he chose is - even after watching Wood, Powell, Kaardal, and the rest - somehow too hard to contemplate

Akiva Cohen
@AkivaMCohen

Seriously people. Executive orders mean exactly nothing to what Trump legally can or can't do to fuck with the election results (which is zero). Stop letting idiots make you crazy

There are two very simple, very basic reasons executive orders are meaningless here. Understand them, please

1) the president cannot issue an executive order that grants himself a power he does not already have. For example, the president could not issue an executive order saying that from now on he can make laws they don't need to pass Congress

(I mean, he could sign an executive order saying that, but it wouldn't have any legal effect)

2) the president can issue executive orders at any time.

Akiva Cohen
@AkivaMCohen

Let's talk about this North Dakota attempt to legislate around Section 230 and create a civil right of action for users censored by social media sites. CC @mmasnick

Forget, for a moment, that this law, if it passed would immediately be deemed void as preempted by Section 230 (Federal law is supreme over state law where they conflict, and this would create an express conflict). This bill is a really good example of why this stuff is hard

Here's the key provision of the bill. The various highlighting on these versions shows areas we'll touch on

First of all, let's look at the last of those images. There's no question that this would target conduct immune under federal law - and, in fact, if 230 were repealed nobody could ever be liable under this law (since it only reaches immune conduct). So it's incredibly stupid.

But again, put that aside. Let's look at the substance.

First of all, who gets to decide whether content fits into these highlighted categories? Do they actually think that the government will get to decide what counts as "otherwise objectionable"?

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Josh Marshall
@joshtpm

Holy Shit. Florida GOPer caught on tape telling fellow FL GOPers to make false voter registrations in Georgia so they could vote to save Loeffler and Perdue. He in fact DID register in Georgia and is now under investigation.

2/ A pretty kickass reporter, Nicole Carr, recorded the video before the guy took it down. When she confronted him he insisted it was all a joke and of course he didn’t register in Georgia. But she checked and he had.

3/ This is Nicole Carr ...

\u201cIf that means changing your address for the next two months,so be it.I\u2019m doing that. I\u2019m moving to Georgia.\u201dOur 6 investigation reveals deleted video-a FL attorney telling GOP members how to move to GA,vote in runoffs. It\u2019s illegal.There\u2019s more,& an investigation @wsbtv #gapol pic.twitter.com/or2PgWQrT1
— Nicole Carr (@NicoleCarrWSB) December 2, 2020

4/ amazing. Here’s where she catches him 🤣🤣🤣🤣🤣🤣🤣🤣🤣🤔🤔

5/ Also on the video you’ve got these ladies saying, hey wait, this can’t really be legal can it? And he’s like, yeah totally cool. Then he advises on how to create a backstory for the fake move.

Bar & Bench
@barandbench

Virtual meeting to condole passing of Indian jurist and former Attorney General for India, Soli Sorabji

Lalit Bhasin, President of SILF: The law reports are full of the monumental cases in which Soli appeared... during his seven-decade tenure as a lawyer.

#SoliSorabjee

Attorney General KK Venugopal speaks, recounts of the large number of cases in which he and Sorabjee and appeared in together.

#SoliSorabjee

AG Venugopal: When I think of Soli, one would imagine a legend of the law, a great jurist, an attorney general twice over... and above all a lawyer who was innovative and part of the evolution of the Constitution of India

#SoliSorabjee

AG Venugopal: According to me, his success in SR Bommai.. is one of the feathers in his cap...The judgment as a deathblow to the abuse of power by the Centre...

#SoliSorabjee

AG Venugopal: I was appearing (at the time) for Karunanidhi during the height of emergency ...

The allegation that he had taken a bribe was sufficient to dismiss the government in a State, Venugopal recalls.

$Louisette Lanteigne \U0001f30e\u270c\ufe0f\u2696\ufe0f\u2665\ufe0f$

Louisette Lanteigne 🌎✌...
@lulex

Back in 2014, Dentons & Imperial Oil partner on Internationally Trained Lawyer Articling Program in Calgary

Fraser Milner Casgrain (FMC) law firm was aquirred by Dentons. Their report shows how Harper tried to bypass First Nations consent. Josh Jantzi who wrote it became a solicitor for Enbridge for the Supreme Court case vs Chippewas of the Thames re: Line 9.

Report dated May 28-29 2012 titled: Aboriginal Consultation and Project Development prepared by Bernard J. Roth and Joshua A. Jantzi of Fraser Milner Casgrain. Mr. Jantzi now works for Dentons. Hired by Enbridge for Line 9 Supreme Court vs. Chippwas of the Thames.

Dentons endorsed the Isle of Man tax evasion system.

Dentons created from merger of SNR Denton, Fraser Milner Casgrain and Salans and later merged with Chinese law firm Dacheng in 2015.

@AdamSmithWorks
@adamsmithworks

#AdamSmith, #WealthOfNations, and #CornLaws!
What more could you possibly want on a Saturday morning? (IV.v.b) #WealthOfTweets #SmithTweets

Yes, it’s the Digression Concerning the Corn Trade and Corn Laws! We can barely contain ourselves long enough to remind you that “corn” doesn’t mean 🌽 It means the principal cereal crop of a nation. (We keep saying so because we keep forgetting.) #WealthOfTweets #SmithTweets

#TLDR on #AdamSmith’s thoughts on the Corn Laws:

They’re bad. (IV.v.b.1) #WealthOfTweets #SmithTweets

Corn merchants can be broken down into four groups. Smith loves to break things down into groups.
1) Inland traders
2) Importers
3) Exporters
4) Transporters (IV.v.b.2) #WealthOfTweets #SmithTweets

If inland traders raise their prices higher than supply and demand will allow, they’ll discourage consumption beyond “thrift and good management.” People will go hungry and crops will rot.

That's bad. (IV.v.b.3) #WealthOfTweets #SmithTweets

T.Biggs
@TBiggsTequila

Not a single word

from any of you

about anyone

charging speaking fees

At all. Keep your arid thoughts to yourselves.

Ever wonder how traders get in stocks before they explode? 🧐

Or find options that move 1,000% in a single day/week?🤯

I made a thread going over exactly how I find these stocks BEFORE they take off 🚀
👇👇👇

So, let's start with the software I use…

Finviz!! Finviz is a free website that I use to scan for stocks.

They have a lot of other cool features as well, but I only use their scanner.
👇

Head on over to finviz and go to the screener

Click on the “All” tab on the top and put in the criteria in the next tweet
👇

This is the first scan that I use for bullish swing setups
✅Quarter +10%
✅Week Down
✅Vol over 400k
✅Optionable
✅Price > $20
👇

The next scan I use is the opposite of the first one.

Simply change:
✅Quarter +10% to -10%
✅Week Down to Week up

This is my bearish scan for swing setups. 👇

$\u0936\u094d\u0930\u0940\u092e\u093e\u0932\u0940 \u0939\u093f\u0924\u0947\u0936 \u0905\u0935\u0938\u094d\u0925\u0940$

श्रीमाली हितेश अवस्थी...
@HiteshAwasthi89

Varahi Amman, Madurai, Tamilnadu

Vaarahi is one of the Saivite Shakti deities with the group of goddesses known as SAPTAMATAS.
They are: Brahmi, Maheshwari, Kaumari, Vaishnavi, Vaarahi, Mahendri and Chamundi. 1/n

They are the Shakti (female) equivalents of their male counterparts. Vaarahi is the Shakti of Bhairavar who is one of the Amsam of Bhairavar.Created from the boar avatara of Vishnu, Vaarahi is often associated with Goddess Kamala (one of the Mahavidyas). 2/n

She is also called Dandini (Lady Commander of the forces of the Mother-Goddess, symbolizing the might of SriVidya). As Vaarahi ("hog-faced" or "the great consumer") she destroys evil forces that obstructs the devotees' progress, paralyses the enemies 3/n

and led the devotees ultimately to SriVidyas. She is also called Panchami). With Kurukalla, she is accorded the parental status to Sri-Chakra (Lalita Tripura-Sundari). While Kurukalla represents the full moon, Vaarahi represents the new-moon. 4/4

Jai Maa Varahi 🙏

Tag for 📷 credit

Laurie Voss
@seldo

The 2018 State of JavaScript survey is out. They got 20,000 responses and have some delicious, delicious data. I'mma thread in some highlights:

First up: JavaScript flavors. There's TypeScript at 47% adoption, a tad higher than npm's own survey results (which said 46%). npm's survey is coming up again soon and will ask about TypeScript in a lot more detail.

I really, *really* like SoJ's "would not use again" question, which lets people who've abandoned a tech self-identify. This is noticeable in the graph above with Flow users -- 41% of people who've used Flow say they wouldn't use it again.

Now JavaScript frameworks. It's been a full year since npm's survey, so these numbers differ from ours in the directions I expected:
React 65% (vs. 60%)
Vue 29% (vs. 24%)
Ember 5% (vs 4%, I was expecting a bigger rise)

But there's a shocker in here: Angular.

npm's survey had Angular at 40% last year and SoJ has it at either:
- 58% (if you include those who don't want to use it again)
- 24% (if you count only those who like it)
Since npm's question didn't ask if they intend to *continue* using it I think that might explain this.

$Liz (Welsh) Beechinor \U0001f605$

Liz (Welsh) Beechinor ...
@LizTweetsTech

My dad led an organization of over 300,000 employees.

When I took on my biggest marketing & events team to date (35 employees) I asked him how the *heck* he did it. Here's what he said and what helped me every day. 🧵

Remember you're leading all the employees under you, but you're not *managing* them all. You're managing your direct reports, which should be 5-7 individuals max. Focus on them.

When you interact with the employees you don't manage directly, get to know them as people first, that'll be the most valuable information in leading them. Remembering everything you learn about them is hard, but doing so will make you a superhero.

If you're not going to empower the managers under you, why do you have them? If you see room for improvement, let the manager know and let them make the change on their teams and come to you with questions/concerns. This will save you SO much time.

If you're the smartest person in any room - you're doing it wrong. As a leader, your job is bringing together the best people to get the job done - your skillset is identifying those people, not being one of them.

Steve Stewart-Williams
@SteveStuWill

THREAD: 12 Things Everyone Should Know About IQ

1. IQ is one of the most heritable psychological traits – that is, individual differences in IQ are strongly associated with individual differences in genes (at least in fairly typical modern environments). https://t.co/3XxzW9bxLE

2. The heritability of IQ *increases* from childhood to adulthood. Meanwhile, the effect of the shared environment largely fades away. In other words, when it comes to IQ, nature becomes more important as we get older, nurture less. https://t.co/UqtS1lpw3n

3. IQ scores have been increasing for the last century or so, a phenomenon known as the Flynn effect. https://t.co/sCZvCst3hw (N ≈ 4 million)

(Note that the Flynn effect shows that IQ isn't 100% genetic; it doesn't show that it's 100% environmental.)

4. IQ predicts many important real world outcomes.

For example, though far from perfect, IQ is the single-best predictor of job performance we have – much better than Emotional Intelligence, the Big Five, Grit, etc. https://t.co/rKUgKDAAVx https://t.co/DWbVI8QSU3

5. Higher IQ is associated with a lower risk of death from most causes, including cardiovascular disease, respiratory disease, most forms of cancer, homicide, suicide, and accident. https://t.co/PJjGNyeQRA (N = 728,160)

So Dominion sued Rudy for defamation. How are they ever going to allege actual malice?

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