LONG THREAD ALERT!

Please read slowing.
Slooowly.

The Federal High Court in Lagos on Monday upheld a landmark $1.7billion arbitral award in favour of the Nigerian Petroleum Development Co. (NPDC) Ltd against the Atlantic Energy Drilling Concepts Nig. Ltd and Atlantic Energy Brass Development Ltd.

Justice A. Faji dismissed Atlantic Energy’s application to set aside the Arbitral Award of March 5, 2020.

He upheld the submissions of NPDC lead counsel Prof Fabian Ajogwu SAN and granted orders recognising the $1.7bn Arbitral Award as well as for leave to enforce same as a judgment of the Federal High Court.

This landmark decision upholds one of the single largest Awards ever in a Nigerian Arbitration.
Sometime in August 2015, Atlantic Energy, through its lawyer, T. Fagbohunlu SAN, took the NNPC to arbitration for alleged breach of contract.

I'm still seeing a lot of concern about the Texas Supreme Court filing, which is understandable. From a certain angle, it looks imposing.

So here, in sum, is why there's no need for alarm (thread):

1) The case asks the Supreme Court to exercise "original jurisdiction," skipping lower courts. The Court rarely does this. The Court *can* exercise this jurisdiction in state v. state disputes, but doesn't have to.

It takes 5 justices to hear this case, rather than the usual 4.

2) Usually original jurisdiction applies to state v. state disputes over borders, etc. - for example when NJ and NY sued over control of Ellis Island (Jersey!).

The TX case is something else entirely and could have been heard in lower courts (many have rejected similar claims).

3) The heart of Texas's claim is that it objects to election procedures used in four other states. This is unconstitutional and would lead to utter insanity.

First, The Constitution specifically gives each state the right to run its elections as it sees fit. Done and done.

4) And to allow one state to sue over another state's processes would lead to absurd results. Any state could sue any other state over the election. NJ could sue Alabama, Alaska, Idaho. Arkansas could sue MA, NY, and CA. It would never end.

The Court won't countenance that.

Thread of useful links and phone numbers: Christmas is always a difficult time for many people. This one is liable to be a lot harder for so many more though, and for so many more reasons than many expect. 1/

Domestic violence always tends to rise over Christmas. With households being locked down for much of the year already it's likely that this year will be worse. @RefugeCharity's helpline is 0800 2000247, with further organisations detailed in the link.

Poverty is rising with many families hit by job losses and reduced pay. Food banks are going to play an even more essential role. If you need one, or have overbought for Christmas and can donate rather than waste, @TrussellTrust has a food bank locator.

Christmas has always been a tough time for many people, even before Covid. Sadly this has long been reflected in the increase in suicides over the period. The @samaritans are there to listen. Don't suffer on your own. Their number is 116 123.

2020 has been particularly hard on people's mental health, and loneliness over Christmas can exacerbate that. @MindCharity's infoline on 0300 123 3393 is there to help.

1. Going with a space/alien narrative today. I've put a thread together on the topic based off my favorite Patreon/ YT @ShowCasanova & "V". If you have never heard any of their discussions, you are missing out!

11 December 2020 #MAGAanalysis #Overturn

The Theory Of The Case

I have much more to study from the "BRIEF OF STATE OF MISSOURI AND 16 OTHER STATES AS AMICI CURIAE IN SUPPORT OF PLAINTIFF’S MOTION FOR LEAVE TO FILE BILL OF

We need to recognize how remarkable this

Part of me, of course, wants to see this as mundane -- as the Supreme Court doing exactly what it _should_ have done, exactly what every non-quack legal expert said it would do. But it would be wrong to dismiss the fears of those who worried it would do the opposite.

/2

As someone who studies authoritarian politics for a living, I would encourage all of us who have the privilege of living in democracies to retain a healthy appreciation of institutions working the way they _should_.

/3

The argument that SCOTUS _would_ rule this way because it _should_ rule this way was always specious, in my view. Of course it should. But 106 GOP congressmen and 17 state attorneys general _should_ also have refrained from filing amicus briefs.

/4

The GOP and Trump _should_ have recognized defeat, even if they don't like it. Fox News _should_ not be giving a platform to lies about 'illegal' ballots. Shall I continue?

/5

1. It’s virtually impossible to appreciate the full ramification of the New Testament without recourse to the legal construct undergirding it. The New Testament is resolutely mounted on a tripod of commercial law, criminal law and constitutional law. #Illuminare

2. There are other legal dimensions but those are the major three. Without those legal authorities the New Testament will not be efficacious in heaven, on earth or under the earth. It will just be history. #Illuminare

3. That’s not to say only lawyers can appreciate the New Testament. It’s the Holy Spirit that unveils the word. But there’s a way and manner a Paul would read the scriptures that Peter can’t. #Illuminare

4. Paul had formal training in Mosaic law. His dean was Gamaliel. Acts 22:3. Peter on the other hand was an ordinary fisherman, and you can see the difference in their writings. #Illuminare

5. It’s like those first few verses in the book of Genesis. A cosmologist or quantum physicist would salivate over them. He has a technical grasp of the issues. #Illuminare

Not been on here much past few months. Other things. But as approach close of tumultuous year I'm thinking of all those still - despite - doing amazing things in design, built environment, education, equity, place making, advocacy. Just some of those who inspire me. Thread:

Pooja Agrawal @AgrawalPooj Assistant Director Service Strategy Homes England. Architect, planner, co-founded social enterprise @PRACTICEPUBLIC co-hosts spatial equality platform Sound Advice. An inspiration. Thank you Pooja for all you are doing. So much admiration

Latest EU infringement proceedings - includes possible return to EU court to request fines re Polish forest protection and Hungarian law on NGOs; also includes environmental law, racism hate speech law, European Arrest Warrant

Some highlights from the infringement proceedings: details of the Commission allegations about failure to apply EU criminal law on racism and xenophobia, which includes Holocaust denial

The Commission alleges that three Member States have tried to shelter their own citizens from the application of European Arrest Warrants

Conversely the Commission claims that three Member States don't correctly apply EU law on presumption of innocence.

The Commission alleges that Hungary voted against the EU position on drugs policy in the United Nations re cannabis

A repeal of Section 230 likely would lead to more content moderation and fewer opportunities for user-generated content. To understand why, it's helpful to look at a dispute that Eddie Haskell had with an adult bookstore 40 years ago.

After Leave it to Beaver went off the air, Ken Osmond, the actor who played Eddie Haskell, became an LAPD officer who had a small family and led a pretty quiet life. Until the early 80s, when he found out that a chain of LA porn stores was selling a film starring John Holmes.

The cover of the film's carton said that it starred "John Holmes, who played 'Little Eddie Haskell on the Leave it to Beaver show.'" Ken Osmond was the only one who played Eddie Haskell, and he never was in porn.

The chain of porn stores sold more than 10,000 different films, and the men who ran the stores said they had not reviewed the movie's cover, nor did they know who played Eddie Haskell.

Haskell sold the bookstore chain for libel, and the key issue for the court was whether the company could be held liable for the cover of a film that it distributed, even though it was unaware of that cover and that it might be defamatory.

The situation in NSW is changing fast.

Case numbers are continuing to grow. There are still missing links in the chains of transmission, which suggests there'll be more cases out there that the authorities are yet to find.

Without mandatory masks and stay at home orders across Sydney, we do not have confidence that the situation remains safe.

That's why from 11:59pm tonight, the Greater Sydney area and the Central Coast will be designated a 'red zone'.

People who live in these areas or have visited since 11 December cannot enter our state.

Anyone from the red zone found trying to enter Victoria in breach of these orders will be subject to mandatory 14-day hotel quarantine.

For Victorians currently in Greater Sydney or on the Central Coast, you'll have until 11:59pm on Monday 21 December to return home.

You'll need to register for an exemption on the Service Victoria website and get tested within 24 hours of your return.

You'll then need to self-quarantine at home for 14 days from the date you were last in a red zone.

DHHS teams will be checking on people to make sure they have everything they need – and to make sure they're at home.

1/ After a long wait, FinCEN has finally issued its new proposed rule extending AML regulation to non-custodial wallets.

It could've been worse (really), but it's still a terrible rule in both process & substance.

Here's what it says, what's wrong with it, & what we do next 👇

2/ The rule would impose new obligations on virtual asset service providers (VASPs) like exchanges & custodians.

For deposits & withdrawals > $3k involving a non-custodial wallet, VASPs would have to record the name & physical address of the wallet

3/ VASPs would also have to report any deposit or withdrawal > $10k to FinCEN in the form of a currency transaction report (CTR).

FinCEN says these requirements are necessary to "combat the financing of global terrorism," "address transnational money laundering...." You get it.

4/ Before now, the Travel Rule only imposed these record-keeping & reporting requirements on transactions from VASP-to-VASP.

Today's proposal follows a global trend of extending AML regulation to transactions from VASP-to-wallet, as we've seen from Switzerland, France, & others.

5/ Let's look on the bright side for a minute.

This doesn't require KYC for every transaction with a non-custodial wallet. It isn't an outright ban on self-custody. It doesn't prohibit the act of using a permissionless network.

It really -- REALLY -- could have been much worse.

Here we go. The Judge is rendering her decision on the "Cancelling Christmas" case.

Judge making important note that they are seeking an interlocutory order - a quick and temporary decision on the issues pending full consideration by the court at a later date.

Think of it as "let's put out the fires first before we sit down to talk about how this fire started."

Judge says first step of granting interlocutory order - whether there is a serious issue to be tried - is satisfied. Nothing strange here - judge's analysis on this is sound.

Judge addressing evidence presented by applicants in support of the claim that their Charter rights have been infringed. Lots of lawyer stuff but gist is this is trending towards accepting some of the evidence because we are dealing with burning houses here.

Wondering whether Canada & BC might domesticate UNDRIP seems besides the point since UNDRIP itself explicitly recognizes the sovereignty of settler colonial states (above Native sovereignty) in Article 46. Article 27 recognizes colonial law as able to "adjudicate" Native rights.

Canada & BC (for the most part) have not even been parties to the many Treaties involving Indigenous peoples on these territories, let alone respected or adhered to them. Treaties are ostensibly international law, while UNDRIP is not.

Most of BC has no Treaties. BC is a rogue province that was formed in violation of the Royal Proclamation of 1763 & Duty of Disallowance of 1875. The modern BC "treaty" process was started in response to the many Native blockades in the 1980s & 90s (more than any other province.)

At the time of adopting UNDRIP last year, BC's Premier & Minister of Indigenous Relations publicly stated that First Nations would not have a "veto", that Native rights were the same as those "all peoples" have, & that Bill 41 doesn't give UNDRIP "legal force and effect."

BC's adoption of UNDRIP is not a conspiracy or trojan horse. It's conducted openly in collaboration with the settler corporate community. As the CEO of the First Nations LNG Alliance said, “I see UNDRIP creating more certainty. I’m hoping that investors hear this message."

@BlrCityPolice @DCPEASTBCP @AddlCPEast We have filed a FIR and have taken Injunction order from the court. Yet the circle inspector (Vasan Kumar) of @Hennurps Is being numb on the situation

@DCPEASTBCP @AddlCPEast @Hennurps Property Video as on 25.11.2020 when we reached @Hennurps taking up the issue.

@DCPEASTBCP @AddlCPEast @Hennurps @Hennurps refused to file an FIR on the culprit and made us to take rounds of police station unnecessarily.

@DCPEASTBCP @AddlCPEast @Hennurps As no action was taken from the @Hennurps , the goon politician #HNHarish illegally demolished the site on 4 December 2020

@DCPEASTBCP @AddlCPEast @Hennurps Once the site was illegally demolished by the goon. Police were ready to file an FIR. And we were given FIR on 5 December 2020 #Bengaluru