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Minimum CompetenceLegal News for Thurs 7/25 - Carano vs. Disney, Senate Voting on Two "Child Online Safety" Bills, Boeing 737 MAX Guilty Plea and Updates to FTC Health Breach RuleThis Day in Legal History: National Security Act of 1947On July 25, 1947, Congress passed the National Security Act of 1947, a landmark legislation that restructured the United States' military and intelligence operations in the post-World War II era. This pivotal act established the National Security Council (NSC), which would advise the President on security matters, and created the Central Intelligence Agency (CIA) to gather and analyze foreign intelligence. The Act also led to the formation of the Department of Defense, unifying the previously separate Department of War and Department of the Navy, and creating the National Military Establishment. This...2024-07-2508 min
Minimum CompetenceMon 10/16 - Bankruptcy Judge Resigns, CA Bill to Regulate Crypto, Menendez Indicted, More Shushing of Trump and Microsoft Acquires ActivisionOn this day in legal history in 1946 the Nuremberg executions were carried out, following the trials of ten high level officials of the Third Reich.On October 16, 1946, a somber chapter in the aftermath of World War II closed with the Nuremberg executions. Ten prominent members of the Nazi regime were hanged, marking the end of the historic Nuremberg trials that sought justice for crimes against humanity, war crimes, and genocide. The executed men included Hans Frank, Wilhelm Frick, Alfred Jodl, Ernst Kaltenbrunner, Wilhelm Keitel, Joachim von Ribbentrop, Alfred Rosenberg, Fritz Sauckel, Arthur Seyss-Inquart, and Julius...2023-10-1613 min
Minimum CompetenceFri 10/13 - Rite Aid Needs Aid, WGA Wins Restrictions on AI Usage, Judge in MT Calls TikTok Ban Paternalistic, Citi New ESG Initiative, SCOTUS May Provide Cover for Racial GerrymanderingOn this day in legal history, October 13, 1952 the Supreme Court denied certiorari in the appeal of the death penalty by Julius and Ethel Rosenberg–each convicted of espionage.Julius and Ethel Rosenberg were American citizens who gained notoriety in the early 1950s for being accused of espionage during the Cold War. They were alleged to have passed atomic secrets to the Soviet Union, a charge that was particularly sensitive given the heightened tensions between the U.S. and the USSR at the time. The couple was arrested in 1950, and their trial took place in 1951. They we...2023-10-1310 min
Minimum CompetenceThurs 10/12 - Ban on High Capacity Gun Magazines Mostly Stays Alive in CA, Blum Drops Perkins Coie Affirmative Action Case and Pzifer Agrees to $50m EpiPen SettlementOn this day in legal history, October 12, 1977, the US Supreme Court heard arguments in the landmark case of Allan Bakke, which centered around the contentious issue of "reverse discrimination." Bakke, a white student, had been denied admission to the University of California Davis Medical School, with the school reserving a specific number of seats for minority applicants. Bakke argued that this affirmative action policy amounted to racial discrimination against him. The case was seen as a significant challenge to affirmative action programs aimed at redressing past racial injustices.During the oral arguments, the justices grappled...2023-10-1207 min
Minimum CompetenceWeds 10/11 - SCOTUS Declines to Take up GOP Issues, a Dissent Is Formatted as a Majority Opinion, Chevron Doctrine May Not Have Long and SBF Trial Rolls OnOn this day in legal history, October 11, 1872, Chief Justice Harlan Stone was born – but he wasn’t born the Chief Justice. He was appointed much later when he was an adult. Harlan Fiske Stone was an American jurist who served as an Associate Justice of the U.S. Supreme Court from 1925 to 1941 and then as the 12th Chief Justice of the United States from 1941 until his death in 1946. Born on October 11, 1872, in Chesterfield, New Hampshire, Stone was initially a law professor and later the dean at Columbia Law School. He was appointed by President Calvin Cooli...2023-10-1108 min
Minimum CompetenceTues 10/10 - 23andMe Data Breach Class Action, Former Starbucks CEO Labor Law Violation, Sonos Loses Patent Dispute and Column Tuesday on the Sales Tax GapOn this day in legal history, October 10, 1967, a pivotal moment in the history of space exploration occurred as the Outer Space Treaty officially entered into force. Outer Space Treaty's legal significance is profound. When it entered into force on October 10, 1967, it established a set of binding international laws and principles that continue to shape the legal framework governing outer space to this day. This historic agreement, signed and ratified by numerous nations, was a remarkable step in ensuring the peaceful use of outer space. The treaty set forth several key principles that aimed to prevent the militarization...2023-10-1010 min
Minimum CompetenceFri 10/6 - Challenges to Naval Academy’s Admissions Policy, SEC Tries to Force Musk to Testify, Continued Legal Drama at Bed, Bath & Beyond and Alex Jones Demands BackpayOn this day in legal history, October 6, 1981, Egyptian President Anwar Sadat was assassinated in retaliation for signing a peace treaty with Israel. The assassination of Egyptian President Anwar Sadat on October 6, 1981, had profound legal and political ramifications for Egypt. Prior to his assassination, Sadat had initiated a crackdown on opposition figures, including Islamists and intellectuals, arresting more than 1,500 people. This move was highly unpopular and was seen as a suppression of civil liberties, including freedom of the press. Despite the crackdown, the government failed to apprehend a key cell within the military that was plotting S...2023-10-0610 min
Minimum CompetenceThurs 10/5 - 9th Circuit reviewing Meta’s “Citizenship Bias,” Trump-era CMS rule struck down, SBF’s Trial Rolls on and Trump's Judge FrustrationOn this day in legal history, October 5, 1941, Supreme Court Justice Louis Brandeis died at the age of 84. Louis Brandeis was born on November 13, 1856, in Louisville, Kentucky. He graduated from Harvard Law School at the age of 20 with the highest grade point average in the school's history. In 1890, he gained recognition for developing the "right to privacy" concept through an article in the Harvard Law Review. Brandeis was a prominent figure in the antitrust movement and was known for his resistance to monopolies, particularly in the New England railroad sector. He also advised Woodrow Wilson and w...2023-10-0508 min
Minimum CompetenceWeds 10/4 - Trump Gagged, SCOTUS Might not gut CFPB, Hunter Biden Pleads Not Guilty, SBF Trial Resumes and Column Tuesday on Software Development ExpensesOn this day in history, October 4, 1974, the trial of key Watergate conspirators began, marking a seminal moment in American political history. The defendants were H.R. Haldeman, John Ehrlichman, John Mitchell, Robert Mardian, and Kenneth Parkinson. Each played a significant role in the Nixon administration and faced serious charges related to the Watergate scandal.H.R. Haldeman, Nixon's Chief of Staff, was accused of conspiracy and obstruction of justice. He was ultimately convicted and served 18 months in prison. John Ehrlichman, a close advisor to Nixon, faced similar charges and was also convicted, serving 18 months. John...2023-10-0410 min
Minimum CompetenceTues 10/3 - Kirkland Promotes a Ton of Partners, X Sued by X, and Trump Reaped $100m Through FraudOn this day in legal history, October 3, 1965, President Lyndon Johnson signed into law the Immigration and Nationality Act of 1965.The Immigration and Nationality Act of 1965, also known as the Hart-Celler Act, marked a shift in U.S. immigration policy. Signed into law by President Lyndon B. Johnson, the act abolished the National Origins Formula, which had been in place since the 1920s and favored immigration from Western and Northern Europe. This change came during the height of the Civil Rights Movement and was seen as a step toward ending racially discriminatory immigration policies. The act...2023-10-0307 min
Minimum CompetenceMon 10/2 - Congress Avoids Shutdown, Gas Furnace Efficiency Requirements, Big Law Firm Middle East Expansion, Trump to Appear in NY Court and SCOTUS Decision May Help Hunter BidenOn this day in legal history, October 2, 1967he first African-American Supreme Court justice. On this day in legal history, October 2nd, we commemorate a monumental moment: the swearing-in of Thurgood Marshall as the first African-American justice of the U.S. Supreme Court in 1967. Born in Baltimore, Maryland, in 1908, Marshall was the great-grandson of an enslaved person. He faced racial barriers early in his life, being rejected from the University of Maryland Law School due to his race. However, he found his place at Howard University, where he excelled and graduated first in his class in 1933.2023-10-0210 min
Minimum CompetenceFri 9/29 - Suffolk Law is Awesome, IRS May Furlough Staff, NLRB Nationwide Ruling Against Starbucks, USPTO Stays Open if Gov Shuts Down and SCOTUS Case on 2AOn this day in legal history, September 29, 1983, the War Powers Act was invoked for the first time – by President Ronald Reagan in order to keep a U.S. Marine presence in Lebanon.On September 29, 1983, the U.S. House of Representatives voted 270 to 161 to invoke the War Powers Act concerning the deployment of American Marines in Lebanon for an additional 18 months. The resolution had bipartisan support, including from President Reagan. This marked the first time the House invoked the War Powers Act, a law designed to limit the President's war-making powers, which was enacted a decade ea...2023-09-2911 min
Minimum CompetenceThurs 9/28 - Mobile Sports Betting in FL in Question, GOP Impeachment Hearing Against Biden, Menendez Won't Step Down, and Judge Recuses in Amazon Antitrust CaseOn this day in legal history, September 28, 1850, President Millard Fillmore signed an appropriations bill that abolished flogging as a punishment in the Navy. Flogging, carried out with a cat-o-nine-tails—a whip made of nine knotted ropes—was a common method for maintaining discipline on naval ships. The move to end flogging was influenced by public opinion, which had been galvanized by two significant publications: "Two Years Before the Mast" by Richard Henry Dana, Jr. in 1840, and "White-Jacket" by Herman Melville in 1850. Between December 1849 and June 1850, the Senate received 271 petitions from citizens urging the end of this...2023-09-2807 min
Minimum CompetenceWeds 9/27 - O'Hagan Meyer Grows, SCOTUS tells Alabama to Redraw District, Trump Liable for Fraud in NY and SCOTUS Prepares for New TermOn this day in legal history, September 27, 1964, the Warren Commission released its report on the Kennedy assassination, concluding that Lee Harvey Oswald acted alone in the plot.The Warren Commission report, released after a thorough 10-month investigation, aimed to provide definitive answers regarding the assassination of President John F. Kennedy. Headed by Supreme Court Chief Justice Earl Warren, the commission concluded that Lee Harvey Oswald acted as a lone gunman, dismissing any theories of domestic or international conspiracy in the assassination. The report also addressed the role of Jack Ruby, a nightclub owner who killed...2023-09-2708 min
Minimum CompetenceTues 9/26 - Trump Attorney Sues Wessmann, Zombie Funds, CFPB Expanding Influence, and Column Tuesday on Software Development ExpendituresOn this day in legal history, September 26, 1789, John Jay was made the first Chief Justice of the United States after the Senate confirmed his nomination.On this day, September 26, we commemorate a cornerstone moment for the American judicial system: the passing of the Judiciary Act of 1789. Signed by President George Washington, this landmark legislation established the Supreme Court of the United States, laying down the legal framework that would ultimately make it the most significant judicial body in the world. The Judiciary Act provided for a Supreme Court comprised of six justices, and on that...2023-09-2609 min
Minimum CompetenceFri 8/22 - Racist Juror Removed in District Court, Big Pharma Prepares to Negotiate with CMS, Anti-DEI Comes for Scholarships, Cisco Acquisition and Trump Fraud Trial DramaOn this day in legal history, September 22, 1692, eight people were executed for witchcraft in Salem, Massachusetts during the so-called “Salem Witch Trials.”The Salem Witch Trials were a series of witchcraft cases brought before local magistrates in a settlement called Salem, which was a part of the Massachusetts Bay Colony in the 17th century. The trials took place between February 1692 and May 1693 and are one of the most notorious episodes in early American history. It all began when a group of young girls claimed to be possessed by the devil and accused several local women of w...2023-09-2209 min
Minimum CompetenceThurs 9/21 - Judge Newman Suspended 1 year, UFC Monopsony Suit, Judiciary has 2 weeks Funding, $10k/hour Legal Fees in Tesla Case, America Supports Strikes and Authors Sue OpenAIOn this day in legal history, September 21, 1981, the United States Senate approved the nomination by President Reagan of Sandra Day O’Connor to the United States Supreme Court–making her the first female Supreme Court justice. O'Connor, who often leaned conservative, used her political experience from her time in the Arizona state Senate to shape her judicial views. She was known for filing concurring opinions that aimed to limit the scope of majority rulings. She faced opposition from the time of her nomination from anti-abortion and religious groups. During her tenure, O'Connor was known...2023-09-2110 min
Minimum CompetenceWeds 9/20 - AMC Legal Fees Reduced, Alex Jones Still Lives Opulently, Lawsuit Alleges Invasive Grass Growth Exacerbated Maui Fire, Hunter to Plead Not Guilty and Arnold and Porter to BostonOn this day in legal history, September 20, 1884, American suffragists formed the Equal Rights Party on the platform plank of recognizing women’s right to vote. On this day in legal history, September 20th, we cast our gaze back to a significant milestone in the fight for gender equality in the United States. The Equal Rights Party, a political entity deeply rooted in the advocacy for equal rights and opportunities for all, irrespective of gender, convened for its national convention in the vibrant city of San Francisco, California. In a groundbreaking move during this convention, the par...2023-09-2009 min
Minimum CompetenceTues 9/19 - New Cooley CEO, IRS Open During Shutdown, CFPB Needs to Calm Down, Citi & Crypto & Column Tuesday on Property Tax ReassessmentsOn this day in legal history, September 19, 2002, President Bush wrote Congress and requested authority to invade Iraq.On September 19, 2002, President George W. Bush submitted a resolution to Congress seeking authorization to use "all means he determines to be appropriate, including force" to disarm Iraq and remove Saddam Hussein from power. This move came amidst escalating international tensions and Bush emphasized that if the UN Security Council failed to address the issue, the US and its allies would take action. The day saw intense activities with Secretary of State Colin Powell and Defense Secretary Donald Rumsfeld...2023-09-1909 min
Minimum CompetenceMon 9/18 - Litigation Finance Sale, Oklahoma Town Can't Get Enough Federal Prosecutors, and Lyft Fined by SECOn this day in legal history, September 18, noted jurist and Supreme Court Justice Joseph Story was born. He got a lot of things right, and a lot of things wrong.Joseph Story, born on September 18, 1779, in Marblehead, Massachusetts, hailed from a family with a rich history of involvement in significant events leading up to the American Revolution. Despite initial aspirations in poetry, Story eventually focused on a career in law, spurred by early setbacks in his literary endeavors. His legal journey began under the mentorship of prominent attorneys Samuel Sewell and Samuel Putnam, culminating in his bar...2023-09-1808 min
Minimum CompetenceFri 9/15 - Sinema Opposes NLRB Rule, 1/6 Cases Reach SCOTUS, Smith Rejects Trump's Judge Removal Demand, Paxton Impeachment Nears EndOn this day in legal history, September 15, 1935, the Nuremberg Laws of Nazi Germany went into effect, reorienting German citizenship around the exclusion of Jewish residents and laying the groundwork for what was to come. As we’ve tried to make clear in previous “this day in legal history” segments where we’ve focused on Germany in the 1930s, the lesson to be learned from a legal perspective derives from the Third Reich’s focus on using the rule of law to give a color of civility and process to their gross violations of human rights and atrocities. As much as g...2023-09-1510 min
Minimum CompetenceThurs 9/14 - Hackers Target MGM and Caesars, Law Firm DEI Initiatives in Flux, Citi Undergoes C-Suite Rejigger, and a Connecticut Town Sues the IRSOn this day in legal history, September 14, 1918, Eugene Debs was sentenced to ten years in prison for opposing the United States entry into World War I. In the early 20th century, Eugene V. Debs, a prominent socialist and labor organizer, rose to prominence as a vocal critic of capitalist structures and the American involvement in the First World War. Born to French immigrants in Indiana, Debs left school at 14 to work on the railways, a decision that sparked his lifelong commitment to labor rights. Over the years, he became a significant figure in the labor movement, aligning w...2023-09-1410 min
Minimum CompetenceWeds 9/13 - PwC Not Separating Consulting and Audit Business, SBF Stays in Jail, Paul Weiss Wins, NextGen Bar Exam Details, and the 6th Circuit Defers Liability for CVS, Walgreens, Walmart, etc.On this day in legal history, September 13, 1971, the Attica Correctional Facility prison revolt came to an end when National Guardsmen took back control of the prison–in so doing 43 people died, all but four from law enforcement’s efforts to regain control.The Attica Prison Uprising, a grim milestone in the history of prisoners' rights movement, occurred from September 9 to 13, 1971, at the Attica Correctional Facility in New York. Rooted in a growing wave of prison activism and exacerbated by appalling living conditions and racial brutalization occuring at the prison, the revolt began with approximately 1,281 inmates taking control of t...2023-09-1311 min
Minimum CompetenceTues 9/12 - Burford Makes 37,000%, Microsoft to Defend Copilot Customers in Copyright Suits, Conservatives Want CFPB Gutted by SCOTUS and Column Tuesday on Low-income Energy CreditsOn this day in legal history, September 12, 1958 the Supreme Court unanimously rejected Kansas’ challenge to the court’s authority to desegregate schools. The decision was authored by all nine justices – the only time that had happened to that point or since. The Cooper v. Aaron case, decided on September 12, 1958, was a significant milestone in the civil rights movement in the United States. Following the landmark decision in Brown v. Board of Education (1954), which declared state laws establishing separate public schools for black and white students to be unconstitutional, there were numerous attempts by state governments to resist the imp...2023-09-1210 min
Minimum CompetenceMon 9/11 - Executives go Mum on DEI, Eastman Tries More Tricks, Gas-to-crypto on the rise, Biden Admin's Social Media Muzzle Loosened and Meadows Fails to Remove to Federal CourtIn terms of this day in history generally, specifically American history, September 11th is synonymous with the terrorist attacks in 2001. In terms of legal history, however, while it gave rise to a lot of changes in the American legal system, it is of somewhat less import as the days that followed and policy changes that were made in response to the attacks. For that reason, today in legal history we’ll focus on another September 11th. On this day in legal history, we turn our attention to a pivotal moment that unfolded on September 11, 1998. In the midst of...2023-09-1109 min
Minimum CompetenceFri 9/8 - Kavanaugh Optimistic About Self-Policing SCOTUS Ethics, Navarro Guilty, and ex-Big Law Partner vs. TikTok InfluencerOn this day in legal history, September 8, 1974, President Ford pardoned President Nixon, establishing the doctrine of “we haven’t held our elected leaders accountable to this point and we sure as heck aren’t starting now.”So, on this day in history, we revisit September 8, 1974, when President Gerald Ford issued Proclamation 4311, granting his predecessor, Richard Nixon, a full and unconditional pardon for any crimes he might have committed during his presidency, particularly concerning the Watergate scandal. Ford believed this step was necessary to heal the nation, stating it was a move to write an end to a national...2023-09-0808 min
Minimum CompetenceThurs 9/7 - MoFo Amends DEI Criteria, DeSantis Sued by Fired Prosecutor, Biden Rejects Gitmo Plea Conditions, Trump off State Ballots?This day in legal history, September 7, 1977, President Carter signed the Panama Canal Treaty, setting the relinquishment date for the Panama Canal back to Panama for January 1, 2000. In the early 20th century, the U.S. secured rights to build and operate the Panama Canal, initially through the Hay-Herrán Treaty with Colombia, but eventually through the Hay-Bunau-Varilla Treaty with Panama, post its independence which was supported by the U.S. The Canal opened in 1914, but the legitimacy of the treaty was questioned by many Panamanians. As the century progressed, tensions escalated between the U.S. and Panama over th...2023-09-0707 min
Minimum CompetenceWeds 9/6 - Elliott Broidy Sues, 3M PFAS Settlement, Apple Execs to Testify Against Google, Oregon Bar Exam Alternative and Play Store SettlementThis day in legal history, September 6, is a dark one – but one that should not be ignored just because it is difficult to talk about. On September 6, 1941, German authorities announced the adoption of a regulation requiring all Jewish people in German territories to wear the Star of David. For our purposes here on a legal news website, we’ll talk about how it highlights and exemplifies the Nazi regime’s obsession with committing their atrocities under the color of law.From 1935, the Nazi regime utilized the law as a tool for the systemic persecution of the Jewish people...2023-09-0610 min
Minimum CompetenceTues 9/5 - Hogan Lovells CEO, EU Set to Crack Down on Anticompetitive Behavior, Paxton Impeachment Trial and Navarro Contempt Trials Begin, and Column Tuesday on Millionaire Tax-Funded Student LunchesOn this day in history, September 5, 1774, about 9 miles as the crow flies from where I’m writing this, the first Continental Congress convened to discuss the Intolerable Acts of 1774.On September 5, 1774, the First Continental Congress convened at Carpenters' Hall in Philadelphia, marking a pivotal moment in America's journey to independence. Representatives from twelve of the thirteen American colonies gathered to deliberate on the future of the colonies amidst escalating British aggression. Notable figures such as Samuel Adams, George Washington, and John Adams were among the delegates who discussed potential strategies, including boycotting British goods to assert the ri...2023-09-0509 min
Minimum CompetenceFri 9/1 - Justice Thomas Discloses Crow Gifts, Proud Boys Sentenced, Apple and USPTO Settle in "Smart Keyboard" Trademark DisputeOn this day in history, September 1, 1807, Aaron Burr, former Vice President and notable shooter of Alexander Hamilton, was acquitted of treason. Aaron Burr's 1807 treason trial was a landmark case and one of the earliest tests of the U.S. Constitution's Treason Clause, outlined in Article III, Section 3. The clause was carefully crafted to limit the charge of treason to the most serious of crimes, requiring "the testimony of two witnesses to the same overt act" for a conviction. The trial featured key figures from the Constitutional Convention, including Edmund Randolph and Luther Martin, who were part of B...2023-09-0107 min
Minimum CompetenceThurs 8/31 - X Wants Your Eyes, Trump Can't Get Insurer to Pay For Pollution, 3M Litigation Investors Unmasked, Rejected Law School Applicants Find New Path and Giuliani Defamed GA Election WorkersOn this day in history, August 31, 1965, President Lyndon B. Johnson, the B. stood for Baines don’t you know, signed a law illegalizing the burning of draft cards. The act, known as the Draft Card Mutilation Act of 1965 carried with it steep penalties: Individuals found to have violated the restriction could be subject to a five year prison sentence and $1000 fine. In the United States v. O'Brien case of 1968, the U.S. Supreme Court upheld the Draft Card Mutilation Act, rejecting a First Amendment challenge. The law was ostensibly aimed at ensuring the efficient operation of the Sel...2023-08-3110 min
Minimum CompetenceWeds 8/30 - AMC Shareholder Update, Thiel Insider Trading Accusations, Big Win for Crypto, Proud Boys Sentencing, AI in Law School Exams and iFixIt Takes Aim at McDonald's Shake MachinesOn this day in history, August 30, 1967 Thurgood Marshall was confirmed as a Supreme Court Justice, becoming the first African-American to be seated on the court. Thurgood Marshall was a pioneering American civil rights lawyer and jurist, serving as the first African-American associate justice on the U.S. Supreme Court from 1967 to 1991. Before his time on the bench, he was a leading attorney for the NAACP Legal Defense and Educational Fund, where he played a crucial role in the fight against racial segregation in American public schools. His most notable achievement came with the landmark 1954 case Brown v. B...2023-08-3012 min
Minimum CompetenceTues 8/29 - Medicare Drug Negotiations Begin, "Opportunity Transparency" Gains Traction at State Level, ABA Announces AI Task Force, and US Judge to Decertify Google Play Class ActionFind links to all the following stories as well as other law and legal-adjacent stories at esq.social Links. On this day in history August 29, 1957, the Civil Rights Act of 1957 was passed by congress – the first piece of federal legislation aimed at civil rights since reconstruction.Prompted by the Supreme Court's landmark 1954 ruling in Brown v. Board of Education, which ignited public debate on school desegregation, the act aimed to address the widespread disenfranchisement of African Americans in the Southern United States. President Dwight D. Eisenhower initially proposed the bill to bolster federal protection for Af...2023-08-2908 min
Minimum CompetenceMon 8/28 - ADHD Medication Generic Approved, 3M Settles Earplug Lawsuit, Tesla Readies for Autopilot Death Case, WSJ Reporter in Russian Jail Updates, and GA GOP to Retaliate Against Trump ProsecutorOn this day in history August 28, 2003, the Supreme Court of Alabama removed a monument of the Ten Commandments from its courthouse. The Ten Commandments monument in the Alabama Supreme Court building was initially installed by Chief Justice Roy Moore, garnering support from evangelical Christians nationwide. However, Moore's refusal to comply with a federal court order to remove the monument by August 20 led to divisions among religious conservatives. Prominent figures like Pat Robertson criticized Moore for undermining the rule of law, while others like James Dobson praised him for prioritizing "God's law." Eventually, the monument was moved to a...2023-08-2808 min
Minimum CompetenceFri 8/25 - Biden Admin Restores Medicaid to TX Individuals, JPMorgan Wins Under Howey, RFK Loses to YouTube, Starbucks Vs. NLRB and Big Don Gets His MugshotOn this day in history, August 25, 1921, the U.S.–German Peace Treaty was signed in Berlin, marking a significant moment in the aftermath of World War I. The treaty was necessitated by the U.S. Senate's refusal to ratify the multilateral peace treaty signed in Versailles, leading to a separate peace agreement with Germany. The U.S. had declared war on Germany on April 6, 1917, and was part of the Allied Powers that defeated the German Empire. The end of the war saw the overthrow of the German monarchy and the establishment of a republic. Spoiler alert for those that ha...2023-08-2509 min
Minimum CompetenceThurs 8/24 - Dollar Tree Settles with OSHA, Trump Surrenders in Georgia, Law Schools Change Admission Essays, and Kirkland & Ellis Sex Discrimination Lawsuit ContinuesOn this day in history, August 24, 1894, the US Congress passed the first graduated income tax law, 2% on all income over $4,000, which lasted a year before it was declared unconstitutional by the Supreme Court and overturned. The tax, which was imposed under the Wilson-Gorman Tariff Act, slightly reduced U.S. tariff rates from those set in the 1890 McKinley tariff and imposed a 2% tax on income over $4,000. Named after William L. Wilson and Senator Arthur P. Gorman, both Democrats, it marked the first peacetime income tax, affecting fewer than 1% of households. The income tax was introduced to compensate for r...2023-08-2408 min
Minimum CompetenceWeds 8/23 - Perkins Coie Sued Over DEI, JPMorgan Bigwigs Sentenced, WV Denied Cert in CFPB Case, Meta Problems in Norway and WGA Strike UpdatesOn this day in legal history, August 23 1927, Nicola Sacco and Bartolomeo Vanzetti were executed in the United States. They were Italian-born American anarchists who were controversially convicted of murdering a guard and a paymaster during an armed robbery in 1920. Their trial and execution sparked protests and debates about the justice system, immigration, and political radicalism.Many were critical of the trial and its outcome, including Felix Frankfurter, who was at the time a professor at Harvard Law School and would go on to be appointed to the Supreme Court by Franklin Delano Roosevelt. The trial o...2023-08-2307 min
Minimum CompetenceTues 8/22 - Law Firm of the Future, NJ Needs Judges, Activision Sells Cloud Gaming to Ubi, SCOTUS May Review HS Diversity Program and Column Tuesday on HydrogenOn this day in legal history, August 22 1996, welfare as we knew it was ended and millions of folks living in precarity had the rug ripped out from under their feet.The so-called "Welfare to Work" bill signed by President Bill Clinton in August 1996 was a contentious piece of legislation that aimed to move individuals from welfare to employment, premised on the flawed notion that those unable to work were simply unwilling to work. The downsides of this reform were significant. Critics, including three assistant secretaries at the Department of Health and Human Services who resigned in protest...2023-08-2208 min
Minimum CompetenceMon 8/21 - No Copyright for AI Art, Federal Judge Rejects Settlement for Tesla Roofs, AMC Shareholder Drops Suit, California DMV Investigating GM CruiseOn this day in legal history, August 21, 1878, the American Bar Association or ABA was formed.The American Bar Association (ABA) was established on August 21, 1878, in Saratoga Springs, New York, marking a pivotal moment in American legal history. At a time when the legal profession was primarily comprised of sole practitioners, 100 lawyers from 21 states founded the ABA with the stated aim of advancing jurisprudence, promoting justice, and ensuring uniformity of legislation. Since its inception, the ABA has grown to represent approximately half of all lawyers in the United States, with additional categories of associate and international memberships.2023-08-2106 min
Minimum CompetenceFri 8/18 - Student Loans vs. 401(k), AMC Stock Conversion Challenge, Eastman's Disciplinary Trial, Congressional Probe into Hunter and Kroger's Big MergerOn this day in legal history, on August 18, 1920, the Nineteenth Amendment to the United States Constitution was ratified by the states – beginning in earnest the path to women’s suffrage. The fight for women's suffrage in the United States began after the war for independence, where most states denied women the right to vote. Throughout the 19th century, leaders like Lucretia Mott, Elizabeth Cady Stanton, and Susan B. Anthony worked tirelessly for women's voting rights, organizing protests, marches, and lobbying efforts. In 1878, a women's suffrage amendment was introduced, but it was rejected by the Senate in 1887. However, many...2023-08-1809 min
Minimum CompetenceThurs 8/17 - Threat Against Trump DC Judge, Allstate $90m Settlement, Youtube/Reddit Sued for Radicalizing, T-Mobile Sued for Bad Security and a Trial Date for Trump in GeorgiaOn this day in legal history, August 17, 1870, Esther Morris became the first female magistrate appointed in the United States. Esther Hobart Morris was the first female Justice of the Peace in the U.S., appointed in Wyoming Territory in 1869. Though some credit her with the success of the woman's suffrage amendment in Wyoming, she credited William H. Bright. Born in 1814 in New York, she was a seamstress, abolitionist supporter, and successful businesswoman. Married twice, she faced challenges like not being able to own property, moving her family to South Pass City, Wyoming in 1869 with her second husband. T...2023-08-1706 min
Minimum CompetenceWed 8/16 - DeSantis Popular with Lawyers, Davis Polk Bets on Back to Work, VMWare Appraisal Suit, ABA Free Speech Guidelines for Law Schools and Angel Hernandez Loses AppealOn this day in legal history, August 16, 1918, Lothar Witzke was convicted of espionage in the United States on behalf of Germany and became the first German spy convicted during World War I. Lothar Witzke was a junior officer in the German Imperial Navy during World War I, who became a spy and saboteur in the United States and Mexico. After escaping internment in Chile, he reached San Francisco in 1916 and began sabotage activities with another agent, Kurt Jahnke. They were involved in various missions, including suspected connections to significant explosions, though later investigations ruled out their involvement i...2023-08-1608 min
Minimum CompetenceTues 8/15 - Trump Indicted (4), Youth Climate Plaintiffs in MT Win, Binance Maneuvers v. SEC, ABA Recommends Pay for Law Journal Editors and Column Tuesday on Retirement EquityOn this day in legal history, we have a low point in American history. On August 15, 1876, the US Congress passed a “starve or sell” bill that cut off support for the Sioux Indian nation unless they gave up the gold-laden Black Hills. This was two months after the US army was routed at the Battle of Little Bighorn and brought to an end the Great Sioux War of 1876. In the years leading up to the Battle of Little Bighorn, Lt. Col. Custer's discovery of gold in the Black Hills led to a surge of white prospectors, despite the T...2023-08-1507 min
Minimum CompetenceMon 8/14 - Indian Nationals Sue for H-1B Denials, NLRB Hates Starbucks Civility Rule, Liability in Maui Fires, McDonalds Abandons ESG Language and SBF Jailed in BrooklynOn this day in legal history, August 14, 1935, President Franklin D. Roosevelt signed the Social Security Act. The act created unemployment insurance, pension plans for the elderly and what would become “Aid to Families with Dependent Children” (AFDC). In the midst of the Great Depression, the Social Security Act was conceived to provide economic security for the aged. Early in January 1935, the Committee on Economic Security (CES) submitted a report to President Roosevelt, and congressional hearings followed in the House Ways & Means Committee and the Senate Finance Committee. While some provisions faced close votes in committees, the bill passe...2023-08-1407 min
Minimum CompetenceFri 8/11 - EPA Union Says No to Back to Work, EEOC Settles AI Discrimination in Hiring Case, SCOTUS Considers Overturning Purdue Pharma Settlement and Trump Challenges Evidence Sharing RestrictionOn this day in legal history, August 11, 1792, the Supreme Court delivered its first reported decision in Georgia v. Brailsford.It arose from a debt dispute between the state of Georgia and a British creditor, and it is renowned for being one of the first cases in which the Supreme Court exercised its original jurisdiction as well as being the first reported decision. In this case, the court allowed a jury trial to be conducted to determine the facts, a rarity in original jurisdiction cases and the only jury trial in the history of the Supreme Court. The...2023-08-1105 min
Minimum CompetenceThurs 8/10 - Religious Accommodations and Pronouns, Southwest Fights Training Order, Apple Interim Win v. Epic, Special Counsel Searched Big Don's TwitterOn this day in legal history, August 10, 1993, Ruth Bader Ginsburg was sworn in as a U.S. Supreme Court Justice, becoming the second woman to serve on the Supreme Court. Her work has had a lasting impact on U.S. law, particularly in the areas of gender equality and civil rights. Ruth Bader Ginsburg's tenure on the U.S. Supreme Court was marked by significant decisions that shaped American law. In "United States v. Virginia" (1996), she authored the majority opinion that struck down the Virginia Military Institute's male-only admissions policy, emphasizing that gender equality is a constitutional r...2023-08-1005 min
Minimum CompetenceWeds 8/9 - Southwest Airlines Lawyers ADF Training, ABA Looks at Mental Health in Judiciary, Google Antitrust Updates and Column Tuesday on Jewel-Box MuseumsOn this day in legal history, Richard M. Nixon resigned the office of the presidency, effective at noon. We covered that in yesterday’s episode, so we won’t go in to detail here. Instead, let’s talk about Charles Manson.On this day in legal history, the Manson Family murdered actress Sharon Tate and four others in Los Angeles, California. The Manson Family murders not only shocked the nation but also presented an unprecedented challenge to the legal system. The subsequent trial was one of the longest and most widely publicized in American history, highlighting the diffic...2023-08-0907 min
Minimum CompetenceTues 8/8 - 9th Circuit 2A Butterfly Knife Ruling, NJ vs. NY in Remote Work Tax Rule, Biden Admin Rule on Fraudulent Schools Blocked and More DOJ Action ComingOn this day in legal history, President Richard Milhouse Nixon announced his resignation of the office of the presidency, effective the following day at noon. On August 8, 1974, President Richard Nixon addressed the American public from the Oval Office to announce his resignation, marking the end of the infamous Watergate scandal. This scandal began with a break-in at the Democratic National Committee headquarters in 1972, followed by the Nixon administration's attempts to cover up its involvement. The Watergate saga eroded Nixon's popular and political support, leading him to the brink of almost certain impeachment. In his speech, Nixon explained t...2023-08-0806 min
Minimum CompetenceMon 8/7 - Kirkland Partner Out, Trump Drops GA Lawsuit and Targets Federal Judge, RFK v. YouTube, Law Firm Demand is Up and X Will Pay For It (No They Won't)On this day in legal history, August 7, 1789, Congress passed an act known as the 9th Act of the First Congress, which established the Lighthouse Service. This marked a crucial commitment to maritime navigation safety in the United States and was a key piece of legislation designed for the establishment and support of lighthouses, beacons, buoys, and public piers. Remarkably, this was the first non-revenue responsibility assigned to Collectors of Customs. They were tasked with the design, construction, staffing, and management of lighthouses within their Customs districts, broadening their role beyond mere revenue collection. Two centuries later, the i...2023-08-0707 min
Minimum CompetenceFri 8/4 - Trump Pleaded Not Guilty, Kagan Says SCOTUS Not Imperial, SCOTUS Ruling Imperils Waterways, and Reenactment in ParklandOn this day in legal history, August 4, 1735, a significant victory for the free press was achieved in the United States. Publisher John Peter Zenger was acquitted of libel charges against New York's colonial governor, William Cosby, in a case that became a landmark moment for American liberty. The New-York Weekly Journal, printed by Zenger, had consistently criticized Governor Cosby, leading to various attempts by the governor to shut down the paper. When two grand juries failed to indict Zenger, Cosby resorted to a legal tactic called an "information" to bring Zenger before the court. The case took an unexpected...2023-08-0406 min
Minimum CompetenceThurs 8/3 - State AI Regulation, Congressional Maps Decide 2024, Tesla Class Action Range Lawsuit, SocGen Reaches a SettlementOn this day in legal history, we have a dark one. On August 3, 1934, the German Parliament combined the offices of President and Chancellor, raising Adolf Hitler as the supreme leader of Germany. President Paul von Hindenburg, a key figure in German politics, died at the age of 87 on August 2, 1934, marking a dark turning point in German history. Hindenburg had been a decorated military officer and served as the President of the Weimar Republic, providing a stabilizing force during a turbulent period. Shortly after his death, Adolf Hitler, who was already serving as Chancellor, announced a significant change in...2023-08-0307 min
Minimum CompetenceWeds 8/2 - Trump Indicted Again, Big Law Layoffs and Delays, X vs. India and Attorneys General Ask EPA for Controls on PlasticsOn this day in legal history, August 2, 1776, the Declaration of Independence was signed in Philadelphia. The process of adopting the Declaration of Independence began with the appointment of a committee of five, including notable figures like Thomas Jefferson, John Adams, and Benjamin Franklin, on June 10, 1776. Jefferson drafted the statement, and after revisions, it was presented to Congress, with the independence section of the Lee Resolution being adopted on July 2nd. The Declaration was officially adopted on July 4th, and printed copies were distributed to various assemblies and Continental troops. On July 19th, Congress ordered the Declaration to b...2023-08-0207 min
Minimum CompetenceTues 8/1 - Bipartisan Green Card Fix, Alito Wants to Gut Disclosure Requirements, Disney and NBC Eyeing AI bill, and Column Tuesday on EV BacklogOn this day in legal history, August 1, 1833 the British Empire abolished slavery with the passage of the Slavery Abolition Act. Put differently, despite huge shortcomings to the act and its enforcement, the empire probably responsible for the most death and destruction worldwide got the message regarding the atrocities of slavery about 3 decades prior to the United States, which is pretty damning. The Slavery Abolition Act was passed by the British Parliament on August 29, 1833, and came into effect on August 1, 1834. It marked a significant milestone in British history by abolishing slavery in most parts of the British Empire, i...2023-08-0107 min
Minimum CompetenceMon 7/31 - CoComelon Wins, DNC and Big Law, Prosecutors Want SBF Jailed, Trump's "Big Lie" Suit Against CNN DismissedOn this day in legal history, July 31, 1919 the Constitution of the German Reich was signed in Weimar, Germany. The Constitution of the German Reich, commonly referred to as the Weimar Constitution, was the governing document for Germany during the Weimar Republic era from 1919 to 1933. It was drafted following the end of World War I by the lawyer and liberal politician Hugo Preuss, who played a crucial role in the shaping of the new democratic federal republic. The constitution was deliberated and framed by the German National Assembly, which gathered in the town of Weimar, Thuringia, after the F...2023-07-3107 min
Minimum CompetenceFri 7/28 - Taylor Swift Wins, Mastercard Says no Debit Cards for Marijuana Purchases, Mac and Cheese Class Action Lawsuit and Trump in Trouble Again Again AgainOn this day in legal history, July 28th, 1868, Secretary of State William H. Seward declared the ratification of the Fourteenth Amendment to the US Constitution, granting citizenship to former slaves and protecting due process of law and equal protection of laws in the States..The journey to the ratification of the 14th Amendment was a difficult one. Many southern states, recently defeated in the Civil War and undergoing the Reconstruction period, were initially opposed to the amendment, largely because of its implications for the rights of freed slaves.However, the Republican-controlled Congress passed the Reconstruction...2023-07-2807 min
Minimum CompetenceThurs 7/27 - Hunter Plea Deal Delay, Teamsters Win vs. UPS, Covington Must Disclose, Lawsuits in TX Over Book BanOn this day in legal history, July 27th, 1974, the House Judiciary Committee voted 27-11 to recommend impeachment for President Richard Nixon. The events surrounding President Richard M. Nixon's impeachment proceedings date back to June 17, 1972, with the instigation of the Watergate scandal. A group of burglars were arrested at the headquarters of the Democratic National Committee, located within the Watergate complex in Washington, D.C. The burglars were caught wiretapping phones and stealing documents. Significantly, one of the individuals arrested was the security officer for Nixon's re-election campaign, which linked the scandal directly to the president's office.2023-07-2706 min
Minimum CompetenceWeds 7/26 - North Face v. IRS, Meta Australia Fine, Musk v. SEC goes to SCOTUSOn this day in legal history, July 26th, in 1990, President George H.W. Bush signed into law the Americans with Disabilities Act, a comprehensive civil rights law that prohibits discrimination based on disability. It covers five main areas, including employment, public services, public accommodations and commercial facilities and telecommunications. The act mandates that employers, public services, and businesses provide reasonable accommodations for people with disabilities, ensuring equal opportunities in all facets of society. It represents a significant advancement in guaranteeing the rights of individuals with disabilities, protecting them from exclusion, segregation, and unequal treatment. In employment, the...2023-07-2607 min
Minimum CompetenceTues 7/25 - Lawyers on Boards, X Trademarked by Many, Quinn Emanuel Data Breach, US Sues TX Over Drowning Border, Column Tuesday on 501c3sIn this day in history, July 25th, the National Security Act of 1947 was passed. The act linked the military and national security organizations and set the tone for the relationship between the two that persists to this day. The National Security Act of 1947, a cornerstone in the reorganization of the United States' foreign policy and military institutions, led to the establishment of significant bodies such as the National Security Council (NSC) and the Central Intelligence Agency (CIA). The NSC was formed to discuss long-term and immediate national security issues, composed of high-ranking officials including the President, Vice P...2023-07-2508 min
Minimum CompetenceMon 7/24 - Remote Employment Checks OK, SBF, Gagged, Claims Didn't Witness Tamper, UPS and Teamsters to Resume Negotiations, NJ Sues Biden Admin and Omegle SuedOn this day in history, July 24th, 1929, the Kellogg-Briand Pact took effect. It was ambitious, as pacts go, because get this – it was an international agreement outlawing war as an implement of foreign policy. In addition to everything else, in typical Nazi fashion, the Third Reich just brazenly ignored the agreement. The Kellogg-Briand Pact, also known as the Pact of Paris, was an international agreement for peace first established in 1928. The formal name for the pact was the General Treaty for Renunciation of War as an Instrument of National Policy, which committed signatory states to refrain from usi...2023-07-2408 min
Minimum CompetenceFri 7/21 - NYC Settles With Protesters, FTX Sues SBF, Twitter Subpoenas Warren, and KPMG Generative AIOn this day in history, July 21, the North Atlantic Treaty, of NATO fame, was ratified in the Senate.In the wake of World War II, the United States emerged as an unrivaled superpower, boasting a robust military, thriving economy, and moral ascendancy. Despite a history of isolationism, encouraged since the time of George Washington, shifts in policy started to emerge. On March 12, 1947, President Harry S. Truman issued his doctrine of containment, signaling a departure from the U.S. tradition of avoiding non-domestic conflicts. Truman promised aid to all "free people" under threat, marking a shift with financial...2023-07-2106 min
Minimum CompetenceThurs 7/20 - Cotton v. DEI, DoorDash Hourly Wages, Gun Advocates v. MA, Trump stuck in state court and Elon's EmailsOn this day in history, July 20, 1990, Supreme Court Justice William Brennan retired. William Joseph Brennan Jr., an influential American jurist, served as an Associate Justice on the Supreme Court of the United States from 1956 until 1990, making him the seventh-longest serving justice in history. To add some color to that run, he was appointed by President Eisenhower and his successor was appointed by George H. W. Bush. Brennan, originally from Newark, New Jersey, pursued economics at the University of Pennsylvania before studying at Harvard Law School, later practicing law privately in New Jersey and serving in the U.S...2023-07-2007 min
Minimum CompetenceWeds 7/19 - Wachtell Exoduses, Universities Fight Endowment Tax, Visa and Mastercard Antitrust v. Square, Ethics for SCOTUS and Trump J6 Probe TargetOn this day in history, July 19 1911, the first state law in the US allowing for censorship of movies was passed in Pennsylvania. The Pennsylvania State Board of Censors, established on July 19, 1911, under P.L. 1067 by Governor John Kinley Tener, was the first such organization in the United States and was renowned for its stringency. The Board's main responsibility was to review all films before they were released in Pennsylvania, approving only those that met moral standards and rejecting films deemed corruptive. Although the board was funded in 1913, it wasn't until 1914 that the first board members were appointed b...2023-07-1906 min
Minimum CompetenceTues 7/18 - US Pillar 2 Reprieve, Trump's Lawyers Back in FL Court, CA Hands Uber Drivers Big Win, Column Tuesday on State Film CreditsOn this day in history, July 18 1956, the Narcotic Control Act was passed. The Narcotic Control Act of 1956 and similar legislation have faced significant criticism for their punitive approach to drug offenses. Critics argue that this model of severe mandatory sentences, particularly for nonviolent drug offenses, exacerbates issues related to over-incarceration without effectively addressing the root causes of drug addiction and the societal harms associated with drug use. Instead, they posit that these resources would be better spent on prevention, education, and treatment initiatives to help curb substance misuse. Furthermore, some critics point to the social and racial d...2023-07-1806 min
Minimum CompetenceMon 7/17 - Big4 AUS Scandal, Meta Fines in Norway, Dershowitz Fines Here, MS Reports Email Leaks from Government AgenciesOn this day in history, July 17, 1862, Abraham Lincoln signed the second Confiscation Act. The act allowed for the confiscation of property of confederate sympathizers.The Confiscation Act of 1862 was a significant piece of legislation passed by the United States Congress during the American Civil War, at least rhetorically if not practically. The act aimed to target the property of Confederate sympathizers and supporters. It authorized the Union government to seize the assets, including land and slaves, of individuals engaged in rebellion against the United States. The act played a crucial role in undermining the economic and social...2023-07-1705 min
Minimum CompetenceFri 7/14 - Ripple Wins, Disney Wants a Dismissal, IRS v. The Rich Cheats and Twitter Ex-Employee LawsuitOn this day in history, July 14 1798, Congress passed the Sedition Act. The Sedition Act of 1798 was a controversial law that criminalized the propagation of false or defamatory statements against the federal government. It was primarily deployed as a tool by the Adams administration to control dissenting speech, especially from the Jeffersonian press that took issue with the ideologies of the Federalist Party. Interestingly, the Act did not cover criticism aimed at the Vice President, a position held by Thomas Jefferson at the time, due to his adversarial stance against the Federalist-dominant Congress. In 1800, the Sedition Act was d...2023-07-1405 min
Minimum CompetenceThurs 7/13 - Lewis Brisbois Successor Firm Falters, Musk v. Wachtell Lipton, Senate Confirms Young Judge and IRS Goes After Tax Cheats in Puerto RicoOn this day in history, in 1787, the Congress of the Confederation, the body operating under the Articles of Confederation and precursor to the United States Congress, passed the Northwest Ordinance. The Northwest Ordinance, officially titled "An Ordinance for the Government of the Territory of the United States, North-West of the River Ohio," was an act passed by the Confederation Congress of the United States on July 13, 1787. This legislative act created a structured process for territories to evolve into states, outlining the path from political wilderness to full statehood. The ordinance addressed the territories that had been obtained f...2023-07-1306 min
Minimum CompetenceWeds 7/12 - MS Activision Moves Forward, Teamsters Expand, Corporate and Tax Firms Eye Energy Credits and /r/WallStreetbets Moderator Loses SuitOn this day in history, in 1909, the Sixteenth Amendment was passed, which gave Congress the power to collect income taxes. Passed in 1909, the Sixteenth Amendment was ratified on February 3, 1913. This came after a series of economically destabilizing events, including a period of economic disparity between eastern industries and farmers in the south and west post-Civil War. The first federal income tax had been imposed in 1861 to fund the Civil War, but it was repealed in 1872. From that point, several political organizations, like the Grange and the Populist Party, pushed for a graduated income tax....2023-07-1206 min
Minimum CompetenceTues 7/11 - Trump Asks for Delay, No Workplace Protection for DACA Recipients, TX Cuts Property and Franchise Taxes and AI TaxOn this day in history, in 1921, William Howard Taft was sworn in as the Chief Justice of the Supreme Court after having served a term as president ten years prior. Taft remains the only person to have been both president and a Supreme Court Justice, much less Chief Justice.William Howard Taft was born in Cincinnati, Ohio in 1857. He graduated from Yale University and Cincinnati Law School, then began his career in private practice. He served as an assistant prosecutor, a judge, and the Solicitor General of the United States. In 1901, he was named Civilian Governor of...2023-07-1106 min
Minimum CompetenceMon 7/10 - No MAGA Hats for Mail Carriers, Greenberg Traurig Moves Towards Private Credit, IRS Changes to Dirty Dozen, SVB Sues FDIC and Van Houten ReleaseOn this day in history, in 1991, Boris Yelstin was elected Russia’s first popularly elected president. Boris Yeltsin, a Soviet and Russian politician, served as the first president of Russia from 1991 to 1999. Initially a member of the Communist Party, he later distanced himself from the party and aligned himself with liberalism and Russian nationalism. Yeltsin was born in Butka, Ural Oblast, and after studying at the Ural State Technical University, he worked in the construction industry. Rising through the ranks of the Communist Party, he became known as an anti-establishment figure when he resigned from the Politburo in...2023-07-1006 min
Minimum CompetenceFri 7/7 - Lewis Brisbois Exodus, SCOTUS Takes Up Gun Rights for DV Perps, Nauta Pleads Not Guilty, CA Bar Fees Raised and Musk C&Ds MetaWe have a this day in history from north of our border here in the United States. On this day, July 7th, in legal history, Canada enacted the Official Languages Act which made French equal to English as an official language of the state.The Official Languages Act of 1969 was a significant piece of legislation in Canada. It declared English and French as the official languages of Canada for all purposes of the Parliament and Government. The Act mandated that all rules, regulations, and proclamations of the Parliament of Canada be published in both official languages. It...2023-07-0706 min
Minimum CompetenceThurs 7/6 - UPS Strike Incoming, DOE Mulls Investment in Hydrogen, Biden Social Media Questions, Nauta to Enter Plea and Conservatives Sue Law SchoolOn this day, July 5th, in legal history, a death sentence for a Florida man convicted of a racially motivated murder was upheld by the Supreme Court of the United States. In the case of Barclay v. Florida (1983), the petitioner and a group of men aimed to indiscriminately kill white individuals and incite a racial war. They murdered a white hitchhiker in Florida. The petitioner was found guilty of first-degree murder by a Florida state court jury. According to Florida's death penalty statute, a separate sentencing hearing was conducted before the same jury, which recommended life imprisonment. H...2023-07-0608 min
Minimum CompetenceWeds 7/5 - UPS Moves Towards Strike, Paul Hastings Sued, Paxton Won't Testify and Column Tuesday on Senior Property Tax Relief Being Bad PolicyOn this day, July 5th, in legal history, jury selection began for the trial of the Chicago “Black Sox” baseball players accused of throwing the 1919 World Series.The Black Sox scandal, which unfolded during the 1919 World Series, was not an isolated incident in the history of baseball and gambling. The sport had a long-standing and often troubled relationship with gambling, with instances of game-fixing dating as far back as 1865. The integrity of postseason championship play had also been questioned, with rumors surrounding the honesty of games in previous World Series.The exact architects of the Blac...2023-07-0508 min
Minimum CompetenceFri 6/30 - This Supreme Court Will Be Viewed as a Dark Mark on HistoryOn this day, June 30th, in legal history, the 26th Amendment was ratified making the legal voting age a uniform 18.The amendment is straight and to the point, consistent of two sections and holding:Section 1The right of citizens of the United States, who are eighteen years of age or older, to vote shall not be denied or abridged by the United States or by any State on account of age.Section 2The Congress shall have power to enforce this article by appropriate legislation.The history of...2023-06-3007 min
Minimum CompetenceThurs 6/29 - FL Sticks With Old Bar Exam, AMC Meme Shareholders Try for Class Certification, FTX Sues SBF and Lawyer, Littler Wins Big on Starbucks Anti-Union and OpenAI Sued for ScrapingThanks for reading Minimum Competence! Subscribe for free to receive new posts and support our work.On this day, June 28th, in legal history, the Supreme Court held the death penalty at that time in place in many states was unconstitutional as cruel and unusual punishment. On June 28th, 1972, in the case of Furman v. Georgia, the United States Supreme Court declared all existing death penalty laws in the country to be invalid. The decision was reached with a 5-4 vote, with each justice in the majority providing a separate opinion. T...2023-06-2907 min
Minimum CompetenceWeds 6/28 - PA State Registration, International Tax, No Independent State Legislature "Theory," Law Prof Sues for Discrimination and SBF Trial ProceedsOn this day, June 28th, in legal history, the Supreme Court of the United States handed down their decision in Regents of the University of California v. Bakke and ruled that quota systems could not be used in college admissions, but programs that incentivize accepting minority applicants are permissible. Regents of the University of California v. Bakke was a landmark Supreme Court case decided on June 28th, 1978. The Court ruled that a university's admissions criteria, which used race as the sole basis for admission decisions, violated the Equal Protection Clause of the Fourteenth Amendment and Title VI o...2023-06-2806 min
Minimum CompetenceTues 6/27 - KPMG and Lewis Brisbois Cuts, Rite Aid Also Cuts, SCOTUS Rejects Gerrymandering Appeal and Inventor Concerned about Judicial CompetenceOn this day, June 27th, in legal history, the Federal Housing Administration came into being. The Federal Housing Administration (FHA) was established in 1934 as part of President Franklin D. Roosevelt's New Deal program during the Great Depression. On June 27, 1934, the National Housing Act was passed which functionally created the FHA. The primary goal of the FHA was to stabilize the housing market and increase homeownership opportunities for Americans. It did so by providing mortgage insurance to lenders, enabling them to offer loans with lower down payments and longer repayment terms if those loans complied with certain underwriting c...2023-06-2709 min
Minimum CompetenceMon 6/26 - Audit the Rich, Coinbase Small Win, Special Counsel Wants to Delay Trump Docs Trial, Hunter Biden Case not Stymied and Major Fentanyl SuitOn this day, June 26th, in legal history, the Statute of the International Court of Justice was signed, establishing the International Court of Justice at The Hague. The history of the Statute of the International Court of Justice (ICJ) can be traced back to its predecessor, the Permanent Court of International Justice (PCIJ), which was established under the League of Nations in accordance with Article 14 of the Covenant of the League of Nations. The Council of the League of Nations was responsible for developing the idea of the PCIJ and formed an Advisory Committee of Jurists in 1920 t...2023-06-2607 min
Minimum CompetenceFri 6/23 - ChatGPT Lawyer Wrist Slap, BDO Goes Corp, SCOTUS Rules Against Navajo, Huge Fees for Meta Privacy Suit and Titan Sub LiabilityOn this day, June 23rd, in legal history, the Taft–Hartley Act was enacted over the veto of then President Harry Truman. The Taft–Hartley Act, also known as the Labor Management Relations Act of 1947, is a US federal law that imposes limitations on labor unions. It was passed by the 80th Congress and became law on June 23, 1947, despite President Harry S. Truman's veto. The act was a response to a wave of strikes in 1945 and 1946. Although it was introduced by Republicans, it received significant support from Democrats in Congress.The Taft–Hartley Act amended the Nat...2023-06-2307 min
Minimum CompetenceThurs 6/22 - Perkins Coie Delays Start Dates, US Needs Global Minimum Tax, NY Ban on Noncompetes Coming, FTC Wants MS Activision Acquisition PausedOn this day, June 22nd, in legal history, the Supreme Court handed down their decision in Escobedo v. Illinois, which held that suspects have the right to an attorney when they are questioned by the police.The decision established that defendants have the right to counsel even before they are formally charged with a crime. The impact of the Escobedo decision was overshadowed by the subsequent Miranda decision two years later. Although later court decisions limited the application of Escobedo, the Supreme Court never directly overruled it.The case involved Danny Escobedo, who was initially...2023-06-2209 min
Minimum CompetenceWeds 6/21 - Big Law Partner to Traffic Court Judge, Disciplinary Proceedings Against Eastman, Alito Nonsense, Coinbase Interesting TacticOn this day, June 21st, in legal history, flag burning was held to be protected by the First Amendment when the Supreme Court decision was handed down in Texas v. Johnson. In the case of Texas v. Johnson, the Supreme Court, in a 5-4 decision, ruled that a Texas flag desecration law violated the First Amendment. The case revolved around Gregory Lee Johnson, who burned a U.S. flag during protests at the 1984 Republican National Convention. He was charged under a Texas law criminalizing flag desecration, but his conviction was overturned by the Texas Court of Criminal A...2023-06-2107 min
Minimum CompetenceTues 6/20 - Louisiana v. Tesla, Google v. Fake Review Mills, EU has Cum-Ex Solution, and Column Tuesday on New Jersey GILTI RegimeOn this day, June 20th, in legal history, Lizzie Borden was found not guilty of the murders of her stepmother and father.Lizzie Borden, born in 1860, stood trial for the murders of her stepmother and father in 1892. Although she was acquitted, she remains infamous for the crimes. The murders took place in Fall River, Massachusetts, on August 4, 1892, with Lizzie's father found on the living room couch and her stepmother in an upstairs bedroom. Both victims had been struck in the head with a hatchet. Lizzie claimed to have discovered her father's body shortly after he returned home...2023-06-2008 min
Minimum CompetenceFri 6/16 - SCOTUS Upholds Native American Adoption Law, Bayer Settlement for Roundup, Gov. Abbott Shutters TX DEI Offices, Carroll v. Trump IIOn this day, June 16th, in legal history, landmark New Deal legislation was passed in an effort to usher the country out of the Great Depression. The National Industrial Recovery Act (NIRA) was passed by Congress on June 16, 1933 as part of President Franklin D. Roosevelt's efforts to revive the U.S. economy during the Great Depression. It established the National Recovery Administration (NRA), which oversaw fair trade codes and ensured workers' right to collective bargaining. The NIRA marked a unique experiment in American economic history by allowing industries to form alliances and suspend antitrust laws. Companies were r...2023-06-1607 min
Minimum CompetenceThurs 6/15 - DOJ George Floyd Murder Investigation, Reed Smith Cuts Attorneys, Twitter Sued by Music Publishers, SBF of FTX Updates, and NHTSA opposes Right to RepairOn this day, June 15th, in legal history, King John sealed the Magna Carta, which established fundamental rights as law in England. On June 15, 1215, King John reluctantly sealed the Magna Carta in response to the demands of rebellious barons, aiming to avoid a civil war. Despite being invalidated by Pope Innocent III just 10 weeks later, the Magna Carta was reissued multiple times after King John's death.The Magna Carta was initially crafted by the Archbishop of Canterbury in the interest of land barons as a means to protect their rights and properties against an oppressive m...2023-06-1508 min
Minimum CompetenceWeds 6/14 - Orrick Layoffs, Activision Acquisition Delays, Trump Faces Long Odds, Illinois Bans Book Bans and the EU Wants Google to Split.On this day, June 14th, in legal history, the Supreme Court issued its decision in West Virginia State Board v. Barnette, holding that students cannot be compelled to salute the American flag or recite the Pledge of Allegiance in public school.When issues of compelled patriotism are discussed, advocates of compulsion generally frame these issues as unique “problems” of modernity. So you may be surprised to hear that the Barnette decision was handed down on this day in 1943. In the midst of World War II, no less.In the case of West Virginia State Board of E...2023-06-1409 min
Minimum CompetenceTues 6/13 - Trump Arraignment, JPMorgan Settles, WH Reviews Tax Regs No More, Freshfields to the US and Column Tuesday on ChatGPTOn this day, June 13th, in legal history, the Supreme Court issued its landmark decision Miranda v. Arizona. In Miranda v. Arizona, the Supreme Court dealt with four cases involving interrogations of suspects in police custody. In each case, the defendants were questioned in a secluded room without being adequately informed of their rights. The interrogations resulted in oral and written confessions, which were used as evidence in the trials.The first case involved Ernesto Miranda, who was arrested at his home and interrogated by police officers for two hours. He confessed in writing to t...2023-06-1309 min
Minimum CompetenceMon 6/12 - Retaliation Payout in WA, NJ Corp. Tax Overhaul, AeroFarms BK, Trump is in Deep Doo-Doo and Mt. Gox NewsOn this day, June 12th, in legal history the landmark Supreme Court Decision Loving v. Virginia was decided. On June 12, 1967, a relatively scant 56 years ago, the Supreme Court issued its decision in Loving v. Virginia. Mildred and Richard Loving, an interracial couple, faced legal challenges when they moved to Virginia, where interracial marriage was prohibited. They filed a lawsuit, arguing that the ban violated the Equal Protection Clause. The Court ruled in their favor, stating that the Virginia law violated the Fourteenth Amendment due to its clear intention to impose racial restrictions. The Court reasoned that the l...2023-06-1208 min
Minimum CompetenceFri 6/9 - Trump Indicted Federal Boogaloo, SCOTUS Gives Jack Daniels a Hand, OpenAI Sued for Defamation, New Law School Entrance Exam for AZOn this day, June 9th, in legal history Warren Burger succeeded Earl Warren as Chief Justice of the United States Supreme Court.On May 21, 1969, President Richard M. Nixon put forth the nomination of Burger to become Chief Justice of the United States. This appointment received confirmation from the Senate on this day, June 9, in 1969, and Burger assumed office on June 23, 1969. The Burger court, in addition to being the court that convicted and sentenced the Hamburgler, was the last liberal court to date. It was the court under which Roe v. Wade and the New York Times v...2023-06-0906 min
Minimum CompetenceThurs 6/8 - Cooley Delays, Davis Polks Demands, FL Privacy Law is Bad, Trump to be Indicted Against and Arrested Development Actor Arrested DevelopmentOn this day, June 8, in legal history James Madison first proposed the Bill of Rights. On June 8, 1789, James Madison presented the proposed Bill of Rights to the House of Representatives. Initially, Madison included more amendments than what eventually made it into the final version. The House agreed on a Bill of Rights with 17 amendments, but later the Senate consolidated them to 12. Ultimately, in December 1791, 10 out of the 12 amendments were approved by the states, becoming the Bill of Rights. One of the rejected amendments, regarding congressional pay, was later ratified as the 27th Amendment in 1992. Madison also suggested a...2023-06-0808 min
Minimum CompetenceWeds 6/7 - Michigan Court Pronouns, Trump Can't Escape, Biden Wants a Dismissal and UBS is Almost Done Chewing Credit SuisseOn this day, June 7, in legal history Griswold v. Connecticut was decided by the US Supreme Court, holding that the use of contraceptives was protected by the constitutional right to privacy. In the landmark case of Griswold v. Connecticut (1965), the Supreme Court struck down a Connecticut law that criminalized the use of birth control devices and the provision of advice regarding their use. The Court asserted that the Constitution protected a right to privacy, relying on various amendments and their penumbras, or implied rights. Justice William O. Douglas, writing for the majority, emphasized that the First Amendment s...2023-06-0705 min
Minimum CompetenceTues 6/6 - Binance and Coinbase Sued, Lewis Brisbois Baddies, Texas Wins in Suit with Google but Loses on EV TaxOn this day in legal history the Securities and Exchange Commission was established.During the 1920s, the United States experienced a period of economic growth known as the "Roaring 20s," characterized by prosperity, consumerism, and increased debt. Many people invested in the stock market, taking huge risks without federal oversight. However, on October 29, 1929, known as "Black Tuesday," the stock market crashed, causing widespread losses and a loss of public confidence. This crash led to the closure of thousands of banks, bankruptcies, high unemployment rates, wage cuts, and homelessness, ultimately triggering the Great Depression.In response...2023-06-0609 min
Minimum CompetenceMon 6/5 - Law School Admissions Normalize, SEC Dismisses Data Access Cases, Solicitor General Whoopsies and LOTR Unauthorized Sequel LawsuitOn this day in legal history the landmark Supreme Court decision of Sweatt v. Painter was decided. In 1946, Heman Marion Sweatt, an African American man, applied to the all-white University of Texas School of Law but was denied admission based on his race. This decision was made in accordance with the segregated policy outlined in Article VII, Section 7 of the Texas Constitution. Sweatt took legal action with the support of the NAACP, seeking enrollment at the university. Initially, a temporary law school called the School of Law of the Texas State University for Negroes was established for b...2023-06-0508 min
Minimum CompetenceFri 6/2 - Starbucks Labor Disaster, SCOTUS Blow to Labor Strikes, AirBnb sues NYC, Gambia Retains US Firm and Scienter is a Fun WordOn this day in legal history, Italy turned from a monarchy into a republic following a public referendum. On June 2, 1946, Italy underwent a momentous transformation as it transitioned from a monarchy to a republic, marking a significant milestone in its history. This pivotal event was the result of a nationwide referendum held following the fall of Fascism and the end of World War II. The choice before the Italian people was clear: they had to decide between retaining King Umberto II as their monarch or establishing a republic. The Italian people, weary of the autocratic rule that ha...2023-06-0208 min
Minimum CompetenceThurs 6/1 - Debt Ceiling Deal, Oath Keepers Sentencing, SBF of FTX, Operation Fox Hunt and Chewy Chews on OSHAWe have a patent anniversary to acknowledge today as our “this day in legal history” entry. On this day in 1869, Thomas Alva Edison was granted a patent for an electric voting machine to be used by Congress. The “Vote Recorder” was Edison's first patented invention and was specifically designed for legislative bodies like Congress. His motivation for creating this device came from reports in the Telegrapher, stating that the Washington, D.C., City Council and the New York State legislature were considering the installation of electric vote recorders. Edison's system involved each legislator moving a switch to indicate...2023-06-0107 min
Minimum CompetenceWeds 5/31 - ChatGPT Lawyer Debacle, Debt Limit Deal, Manhattan DA Wants Trump in State Court, KPMG and Credit Suisse Sued and Death to NDAsWe have a somber anniversary to acknowledge today as our “this day in legal history” entry. On this day in 1921 the Tulsa race massacre occurred in Tulsa, Oklahoma. In May 1921, the Greenwood neighborhood in Tulsa, Oklahoma, was a thriving and prosperous community built by Black people. It was known as America's Black Wall Street and was home to approximately 10,000 residents. Greenwood had a vibrant economy with businesses, homes, schools, churches, and entertainment venues.However, in less than 24 hours, the neighborhood was destroyed by racial violence during the Tulsa Race Massacre. A white mob of looters and ar...2023-05-3108 min
Minimum CompetenceTues 5/30 - IRS Gets Sold Out in Debt Limit Deal, ShotSpotter in a Tight Spot, TX AG Paxton Impeached, Trump Attacks Judges and Column Tuesday!On this day in 1431 Joan of Arc was burned at the stake. Born in France somewhere around 1412, she emerged as a pivotal figure during the Hundred Years' War. Joan, a peasant girl, claimed to receive divine visions that called her to rally the French against the English invaders. Numerous theories have been floated by modern scholars as to the underlying cause of the visions, but that makes little difference. Thereafter and owing to them, she led armies into battle, and achieved remarkable victories, ultimately contributing to the coronation of Charles VII as the rightful king of France. As so...2023-05-3008 min
Minimum CompetenceFri 5/26 - BigLaw Return to Office Continues, Oath Keepers Leader Sentenced, Breaking up Large Banks and Tax Provisions in Debt Ceiling TalksWe have another Andrew Johnson-related “this day in legal history” for today – on May 26 in 1868, the impeachment trial of President Andrew Johnson concluded without conviction. In 1868, President Johnson faced impeachment, and his fate rested on a single vote in the Senate trial. Johnson had become president after Abraham Lincoln's assassination and had a strained relationship with Republican leaders, particularly the Radical Republicans. The House of Representatives impeached Johnson on charges of violating the Tenure of Office Act by removing Secretary of War Edwin Stanton without approval. The Senate trial required a two-thirds majority to convict Johnson.Senat...2023-05-2606 min
Minimum CompetenceThurs 5/25 - TD Bank Shareholder Suit, Oath Keeper Sentenced, ADA Circuit Split (?) and a New Bar ExamWe have a fun “this day in legal history” for today – it's the anniversary of the start of the Scopes Monkey Trial. The Scopes "monkey trial" took place in 1925 and involved the prosecution of high school teacher John T. Scopes for teaching evolution, which was prohibited by Tennessee's Butler Act. Scopes was found guilty and fined $100, but the Tennessee Supreme Court later overturned the conviction due to a technicality. The trial was initiated when the American Civil Liberties Union (ACLU) offered to support any teacher willing to challenge the Butler Act's constitutionality.George W. Rappleyea, the man...2023-05-2507 min
Minimum CompetenceWeds 5/24 - Withdrawn Federal Judge Nominee, Chief Justice Roberts Assures us he is Ethical, Simplifying Automatic Tax Extensions and Affirmative Action Targeted by SCOTUSWe have an interesting “this day in legal history” for today – its Benjamin Cardozo’s birthday. If he were alive today he’d be 153 years old and thus very dead. Who is he? Well…Benjamin Cardozo, born on May 24, 1870, in New York City, was an influential associate justice of the United States Supreme Court from 1932 to 1938. He was known for his creative approach to common-law judging and legal essay writing, which played a significant role in modernizing legal principles and promoting greater involvement with public policy in American appellate judging. While generally considered a liberal, Cardozo's foc...2023-05-2407 min
Minimum CompetenceTues 3/7 - SCOTUS prayer vigil appeal, Biden admin taxes to fund Medicare, trouble in cheese paradise and Column Tuesday!In today’s episode hosted by @gina@esq.social we have the Supreme Court declining to hear a prayer vigil establishment clause case, the Biden administration looking to increase taxes to fund Medicare, trouble in cheese paradise and Column Tuesday, where we invite you to read co-host Andrew’s latest column at Bloomberg Tax.Thanks so much for listening to Minimum Competence. If you have any questions or story suggestions, find us on Mastodon on the esq.social instance. We also have a link aggregator in the fediverse, at links.esq.social, where some of our stor...2023-03-0708 min
Minimum CompetenceWeds 2/1 - TX Arbitration Clauses, GA Home Inspectors, Title 42 and BaseballTexas Homebuyer Arb Clause - https://www.law360.com/articles/1570968/texas-justices-mull-if-homebuyer-gets-seller-s-arb-pactGeorgia Wrongful Death Property Inspector - https://www.law360.com/employment/articles/1571388/ga-home-inspectors-escape-wrongful-death-suit-on-appealTitle 42 Suits May Die Alongside Nat’l Emergency - https://www.law360.com/articles/1571334/title-42-suits-may-die-alongside-nat-l-emergencyBaseball and Antitrust - https://www.bloomberglaw.com/bloomberglawnews/us-law-week/X96F33HS000000?bwid=00000186-0932-d7fe-a3c6-3dba252c0001 & https://www.baseballprospectus.com/news/article/75600/baseballs-antitrust-exemption-a-brief-primer/Find today’s host on the fediverse, just head on o...2023-02-0105 min