"Where there is no vision, the people perish: but he that keepeth the law, happy is he."
-- Proverbs 29:18, King James Bible (KJV)

Saturday, April 22, 2017

Andis Kaulins Twitter Tweet Activity

We are paying more attention to our Twitter presence, which is now approaching 6000 tweets.

Andis Kaulins LinkedIn Profile Updated

We have updated our LinkedIn profile.

Friday, April 21, 2017

A Return to Culture: The Fashion Style of America's First Lady Forecasts the Societal Trends

Melania Trump, America's First Lady, is featured by Caroline Leaper, Fashion News and Features Editor at The Telegraph, in 'A modern take on femininity and elegance': designer Alice Roi reveals the story behind Melania Trump's First Lady look.

What are the general trends that we might forecast for the near future?
For those, we looked to art in its broadest definition.

Trends in 2017 have been suggested at the linked websites as follows in fashion (femininity), art (reconnection with nature), visual design (return to organic roots, uncompromising clarity), interior design (vintage looks made modern), literature (Norse mythology), theatre (quality) and music (streaming and vinyl, nostalgia). These can serve as forecasting or parallel signals of coming or existing trends in politics and society generally.

One might conclude that the trends have a definite direction and are found also in various "law and order" developments in law and politics worldwide.


Monday, April 17, 2017

The International Law Firm "Paul, Weiss" Continues to Add to its Storied History of Excellence

The law firm Paul, Weiss, Rifkind, Wharton & Garrison LLP
(shortened as "Paul, Weiss", "Paul, Weiss et al." or "Paul|Weiss")
continues to win awards and gain recognition in the legal sphere in 2017.
See that link.

Paul|Weiss is an international "Big Law" firm of attorneys headquartered in New York City with offices in New York, Beijing, Hong Kong, London, Tokyo, Toronto, Washington, D.C. and Wilmington, Delaware.

Having been a summer associate and associate in the corporate department of the firm in New York City, the LawPundit was gratified to read that US News - Best Lawyers had named Paul, Weiss, Rifkind, Wharton & Garrison LLP
the Corporate Law Firm of the Year in 2016.

Paul, Weiss et al. has a long, unique and storied history extending far beyond corporate law, so that recognition for legal excellence is nothing new.

For example, as written at that history:

"Each of the three women serving on the U.S. Supreme Court in 2016 began her career as a summer associate at Paul, Weiss."

Take a look at the quite amazing history of the firm.




LawPundit Internet Gateways via World Route

We tried out the World Route software program by SoftPerfect network management solutions in order to discover the path taken when readers access the LawPundit blog at Blogspot.

At Discover the path of your Internet data they write:

"With the World Route tool you can easily find out what gateways your data goes through and how fast it travels. You will receive comprehensive route details, with each city and country conveniently marked on the map. Simply enter any IP-address or website and see the path network packets take to that destination."

Here was the route taken when accessing the LawPundit blog Easter, 2017 (clip from World Route - click on the image for a larger version of the graphic):


For comparison, here was the route taken when accessing the LawPundit blog in November, 2016 (clip from World Route - click on the image for a larger version of the graphic):


The round trip times were 19ms and 21ms (ms=milliseconds). Pretty quick!

Saturday, April 15, 2017

Chief Justice Roberts: Politically Partisan U.S. Supreme Court Confirmation Battles are Short-Term Thinking contrary to the Actual Long-Term Judicial Realities

Speaking of short-term vs. long-term thinking, U.S. Supreme Court Justice John G. Roberts recently made some cogent comments reported at the ABA Journal by Debra Cassens Weiss in her article Chief justice says partisan confirmation battles create 'real danger' for Supreme Court.

Roberts addresses the problem of short-term thinking applied to the Supreme Court, when long-term Court execution of responsibilities is a judicial reality in which knock-down, drag-out partisanship has little place.

Weiss writes: "Roberts said the justices serve together for a long time, and they have to get along. “Knock-down, drag-out fights” over a big case would interfere with the relationship, he said. “It’s kind of like a marriage, right?” he said. “You hope it goes on for a long time and can’t sort of have every fight be a huge fight.”"[emphasis added by LawPundit]

Futurist Ari Wallach at TED.com on Decision-Making and Long-Term Planning Tactics in Business and Society

Decision-making and tactics for long-term planning are discussed by futurist Ari Wallach at TED.com in Ari Wallach: 3 ways to plan for the (very) long term.

Rather than thinking just short-term, Ari identifies three long-term "tactics" we might consider following to get better results than we have been getting:
  • 1) transgenerational thinking (looking at things in terms of lifespans)
  • 2) futures thinking (Ari says "we've abdicated the future from the high priests in Rome to the high priests of Silicon Valley"), and
  • 3) telos thinking (stopping to think about "to what end" is it all?).

Friday, April 14, 2017

Big Data Conferences in 2017 Listed at Disruptor Daily

Disruptor Daily has a list of Big Data Conferences taking place in 2017.

The Return of the Blackberry? A Nearly $1 Billion Arbitration Award Against Qualcomm May Help

The Return of the BlackBerry?

Pinsent Masons has the story at Out-Law.com in BlackBerry awarded $814.9 million royalty refund from Qualcomm

Will Increased "Big Data" Knowledge Dominate Decision-Making in the World of the Future?

At Forbes.com, Bernard Marr writes in The Complete Beginner's Guide To Big Data In 2017 that the future of the world will be forged increasingly through the use and application of "Big Data" to decision-making.

What does "Big Data" mean?

Marr writes:

"Big Data works on the principle that the more you know about anything or any situation, the more reliably you can gain new insights and make predictions about what will happen in the future. By comparing more data points, relationships will begin to emerge that were previously hidden, and these relationships will enable us to learn and inform our decisions."

Is Marr right?

Does increased "Big Data" knowledge mean power?

The future will tell us.


Thursday, April 13, 2017

Nebraska Bowls and Real Bowling

Bowls? Football?

Husker football national championships since Ozzie retired are a distant past. It's the coaching, folks.

But there are "other" sports.

How about recent Cornhusker national championships and the "real" bowling at Nebraska?

The Husker women's team bowling coach might give the Big Red football coaching staff some pointers on achieving excellence and success in becoming champions again.

Tuesday, April 11, 2017

Saturday, April 08, 2017

The Incredible Life of William T. Coleman Jr.: A Black Man Who Was a Real Hero in the Fields of Law and Politics

There are few lives and careers so massively filled with impressive achievements as the life of William Thaddeus Coleman, Jr., who passed away on March 31, 2017 as the oldest then still living former Cabinet member.

Just read the obituary of William T. Coleman Jr. by Dennis Hevesi at the New York Times.

Coleman's life is celebrated at the Paul, Weiss Alumni Network at LinkedIn -- of which I am a member as a former Paul, Weiss associate -- via Brian Sogol, Alumni Manager at Paul, Weiss, Rifkind, Wharton & Garrison LLP, who quotes current Paul, Weiss Chairman Brad Karp as follows:

Bill graduated #1 from Harvard Law School in 1946, served as the first African-American editor of the Harvard Law Review, and clerked for Supreme Court Justice Felix Frankfurter (alongside Eliot Richardson).

Bill tried to land a law firm associate position in his home town of Philadelphia, but was rejected by every law firm at which he interviewed. Through a serendipitous encounter with then-Paul, Weiss associate (and later a respected federal district judge and dean of both Yale Law School and Penn Law School) Louis Pollack, Bill was introduced to Louis Weiss, interviewed at Paul, Weiss and was offered a litigation associate position. Bill commuted daily from Philadelphia to Paul, Weiss's New York office for three years (1949-1952). While at Paul, Weiss, Bill worked with Thurgood Marshall on the historic Brown v Board of Education matter, ultimately leaving the firm to join the NAACP to fight full time for racial justice. Bill spent the next 65 years breaking down barrier upon barrier.


Hevesi at the New York Times writes about Coleman inter alia as follows:

"His memoir, “Counsel for the Situation,” was written with Mr. Bliss and had a foreword by Justice Stephen Breyer. In it, Mr. Coleman reflected on his own life and on the American legal system, and paid tribute to the people who had influenced him — blacks and whites, Republicans and Democrats.

“They shared the strong conviction,” he wrote, “that individual talent, brilliance and effort can and will change the course of history.
”" [emphasis added by LawPundit]

__________
As noted in an April 3, 2017 correction at the New York Times to set the "small detail" facts exactly straight: "An earlier version of this obituary misstated the year Mr. Coleman graduated from Harvard Law School. It was 1946, not 1947. It also attributed a distinction to him erroneously. He was not the first black member of the Harvard Law Review; Charles Hamilton Houston had served on the board in the early 20th century. And the branch of the service that Mr. Coleman joined was rendered incorrectly. It was the Army Air Forces, not the Army Air Corps.



Friday, April 07, 2017

Study of U.S. Supreme Court Shows Skewed Gender-Based Interruptions of Justices

At the ABA Journal, Debra Cassens Weiss reports that Interruptions of female justices has increased with their representation on SCOTUS, study finds.

That research finding has made a lasting impression on us.

Gentlemen! Let's stop interrupting the ladies.

Neil Gorsuch Confirmed by the American Senate as U.S. Supreme Court Justice

Neil Gorsuch has been confirmed by the American Senate as U.S. Supreme Court Justice, filling the seat vacated by the passing in 2016 of Justice Antonin Scalia.

See inter alia:
Gorsuch has an outstanding legal track record and was rightly confirmed -- in our opinion, although we disagree with Gorsuch on some fundamental issues of jurisprudence -- especially his adherence to the artificial dogma-like "crutch" of originalism.

Judges cannot be merely "parrots of the past". More is required.

Henry Ford would today not build a car the exact same way he did in the original days of the automobile. Things do change over time. Nothing stays the same. Law is no different. Law is a seamless "living" web that accommodates itself to the changing world as required.

There is no doubt that Gorsuch is well-qualified as a judge per se, so that we hope that his Supreme Court job responsibilities will lead him to adopt a broader view of the U.S. Constitution as he matures in his Supreme Court seat.

Gorsuch will turn only 50 on August 29, so he may have many years of judging ahead of him yet. Perhaps he will surprise us positively as time goes on.
 
Senate Republicans and three moderate Democratic Senators voted in favor of Gorsuch:

Senator Joe Donnelly of Indiana
Senator Heidi Heitkamp of North Dakota, and
Joe Manchin III of West Virginia.

Tuesday, April 04, 2017

Impression Products, Inc. v. Lexmark International, Inc.: U.S. Supreme Court Oral Arguments: First Sale and the Patent Exhaustion Doctrine

The United States Supreme Court on March 21, 2017 held oral arguments on the first sale patent exhaustion case Impression Products, Inc. v. Lexmark International, Inc., which we previously discussed at First Sale and the Patent Exhaustion Doctrine in the Resale and Use of Printer Ink Cartridges.

The issue presented is formulated by the Supreme Court:

"15-1189 IMPRESSION PRODUCTS, INC. V. LEXMARK INTERNATIONAL, INC.
DECISION BELOW: 816 F.3d 721
LOWER COURT CASE NUMBER: 2014-1617, 2014-1619
 

QUESTION PRESENTED:
 

The "patent exhaustion doctrine"-also known as the "first sale doctrine"-holds that "the initial authorized sale of a patented item terminates all patent rights to that item." Quanta Computer, Inc. v. LG Electronics, Inc., 553 U.S. 617, 625 (2008). This case presents two questions of great practical significance regarding the scope of this doctrine on which the en banc Federal Circuit divided below:
1. Whether a "conditional sale" that transfers title to the patented item while specifying post-sale restrictions on the article's use or resale avoids application of the patent exhaustion doctrine and therefore permits the enforcement of such post-sale restrictions through the patent law's infringement remedy.
2. Whether, in light of this Court's holding in Kirtsaeng v. John Wiley & Sons, Inc., 133 S. Ct. 1351, 1363 (2013), that the common law doctrine barring restraints on alienation that is the basis of exhaustion doctrine "makes no geographical distinctions," a sale of a patented article-authorized by the U.S. patentee-that takes place outside of the United States exhausts the U.S. patent rights in that article.
 

CERT. GRANTED 12/2/2016"

The main question in this case is reflected by the precedent-based reluctance of the U.S. Supreme Court to support the alienation of chattels in commerce, here the first sale patent exhaustion doctrine, a legal issue that goes back hundreds of years to common law and Lord Coke (who has retained his name over the centuries in spite of modern oft overreaching intellectual property protection of generic and name terms):

We think that Justice Breyer's comments during oral argument in the above-cited case represent what the Supreme Court will likely decide on the main issue, based on the logic of Breyer's arguments [here excerpted by LawPundit]:

"JUSTICE BREYER: What about Justice Kennedy's question? I mean, Lord Coke had that very question in mind, I think, that -- that one of the problems with restraints in alienation of chattel is that the buyer may not know, and -- and moreover, it stops competition among buyers. Those are the basic two things that have led that as a kind of underlying principle.
...
Then why don't you require the person who sells it to just resell it with the requirement that they promise not to, you know, whatever it is?
...
[O]ne of the reasons that it's hard to get away with that is the antitrust laws in the contract area. And another reason is because Lord Coke said 300 years ago, you know, it's -- you get into a lot of trouble when you start trying to restrict this buyer who's got the widget and he would like to use it as he wishes. Now, that's been the kind of basic legal principle for an awfully long time.
...
There ... are all kinds of exceptions.

But to go back to your basic point underlying this, of course, any monopolist, including a patent monopolist, would love to be able to go to each buyer separately and extract from each buyer and user the maximum amount he would pay for that particular item.

Dentists would pay more for gold perhaps than someone who wants to use gold for some other thing. Okay? They'd like that.

But by and large, that's forbidden under many laws, even though it does mean slightly restricted output, and it also means a lower profit for the monopolist.

All right. Now, it's against that background that I think the law and economics professors, who are telling what is correct, that -- and the argument that you're making has to be evaluated. That's what I think on the first part.

All this precedent is very hard for you to get around. And I'm not talking about just Lord Coke; I'm talking about the Supreme Court precedent."

Saturday, April 01, 2017

EU Laws and UK Law As the Result of Brexit : The Example of the General Data Protection Regulation

The government of the United Kingdom has now invoked Article 50 of the Treaty on European Union and has thus formally triggered the UK intention to leave the EU, a separation widely called "Brexit" for short.

In two years, Brexit will finalize the divorce of the UK from the EU, but that divorce does not automatically repeal laws in force in the United Kingdom.

Brexit has many complex legal aspects, many of which will beset Europe and beyond for many years, among which is a widespread misunderstanding of how EU Law applies to UK persons and businesses in the interim ... and beyond.

Brexit itself does not nullify laws in effect in the UK.

As headlined at Out-Law.com:
Survey reveals UK business' misunderstanding on GDPR and Brexit.

The GDPR is the General Data Protection Regulation, which goes into effect in the EU before Brexit occurs.

The UK government has said that the GDPR will be adopted in the UK regardless of Brexit.

What happens thereafter is then up to the lawmakers in the United Kingdom.

Most Popular Posts of All Time

Sky Earth Native America

Sky Earth Native America 1 :
American Indian Rock Art Petroglyphs Pictographs
Cave Paintings Earthworks & Mounds as Land Survey & Astronomy
,
Volume 1, Edition 2, 266 pages, by Andis Kaulins.

  • Sky Earth Native America 2 :
    American Indian Rock Art Petroglyphs Pictographs
    Cave Paintings Earthworks & Mounds as Land Survey & Astronomy
    ,
    Volume 2, Edition 2, 262 pages, by Andis Kaulins.

  • Both volumes have the same cover except for the labels "Volume 1" viz. "Volume 2".
    The image on the cover was created using public domain space photos of Earth from NASA.

    -----

    Both book volumes contain the following basic book description:
    "Alice Cunningham Fletcher observed in her 1902 publication in the American Anthropologist
    that there is ample evidence that some ancient cultures in Native America, e.g. the Pawnee in Nebraska,
    geographically located their villages according to patterns seen in stars of the heavens.
    See Alice C. Fletcher, Star Cult Among the Pawnee--A Preliminary Report,
    American Anthropologist, 4, 730-736, 1902.
    Ralph N. Buckstaff wrote:
    "These Indians recognized the constellations as we do, also the important stars,
    drawing them according to their magnitude.
    The groups were placed with a great deal of thought and care and show long study.
    ... They were keen observers....
    The Pawnee Indians must have had a knowledge of astronomy comparable to that of the early white men."
    See Ralph N. Buckstaff, Stars and Constellations of a Pawnee Sky Map,
    American Anthropologist, Vol. 29, Nr. 2, April-June 1927, pp. 279-285, 1927.
    In our book, we take these observations one level further
    and show that megalithic sites and petroglyphic rock carving and pictographic rock art in Native America,
    together with mounds and earthworks, were made to represent territorial geographic landmarks
    placed according to the stars of the sky using the ready map of the starry sky
    in the hermetic tradition, "as above, so below".
    That mirror image of the heavens on terrestrial land is the "Sky Earth" of Native America,
    whose "rock stars" are the real stars of the heavens, "immortalized" by rock art petroglyphs, pictographs,
    cave paintings, earthworks and mounds of various kinds (stone, earth, shells) on our Earth.
    These landmarks were placed systematically
    in North America, Central America (Meso-America) and South America
    and can to a large degree be reconstructed as the Sky Earth of Native America."

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