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Tuesday, July 25, 2017
#TwitterTuesday--Legal News
For the most up-to-date appellate happenings, follow these legal news sources:
Appellate Law360 (@AppellateLaw360)--I enjoy my daily Law360 emails, full of great news stories. The Appellate Law360 twitter account covers "late-breaking developments in appellate litigation."
National Law Journal (@TheNLJ) aptly describes itself as "[p]roviding in-depth coverage of the issues that mean the most to the legal community." I couldn't say it better myself!
Bloomberg BNA (@BloombergBNA)--Bloomberg and its team of editors and correspondents cover a wide array of issues, including legal/appellate matters. Their SCOTUS reporter, @KimberlyRobinson, is top notch!
July 25, 2017 | Permalink | Comments (0)
Monday, July 24, 2017
Law360 Top Appellate Attorneys Under 40
Last week Law360 named its "Rising Stars for 2017," which features accomplished attorneys under the age of 40 who have achieved significant career accomplishments in their respective fields. The list is broken up into 35 areas, one of which is appellate. The four "rising [appellate] stars" are listed below:
Paul W. Hughes--Paul Hughes is a partner at Mayer Brown in the firm's Supreme Court & Appellate practice. He has argued twice before the U.S. Supreme Court and has argued before several of the federal circuit courts. He also lectures at Yale Law, where he is the co-director of Yale's Supreme Court Advocacy Clinic. He is a graduate of Yale Law School and clerked on the Fourth Circuit for Judge Diana Gibbons Motz.
Erin E. Murphy--Erin Murphy is a partner at Kirkland Ellis, having come over to Kirkland with the Bancroft crew. She has argued three cases in front of the U.S. Supreme Court and has also argued before most of the federal circuit courts. She is a graduate of Georgetown Law, and she clerked for Chief Justice John G. Roberts, Jr., and Judge Diana Sykes.
Thomas G. Saunder--Tom Saunders is a partner at WilmerHale. He has argued (and won) two cases before the U.S. Supreme Court. Like the others on this list, he has also argued before several federal circuit courts. He is a Yale Law graduate, and he clerked for Justice Ruth Bader Ginsburg and Judge Pierre Leval.
Adam G. Unikowsky--Adam Unikowsky is a partner at Jenner & Block. He has won five cases before the U.S. Supreme Court, arguing at least 4 of them. A 2007 graduate of Harvard Law, he left Jenner in 2010 to clerk for Justice Antonin Scalia. He also clerked for Judge Douglas Ginsburg on the D.C. Circuit.
Congratulations to the rising stars!
July 24, 2017 | Permalink | Comments (0)
Tuesday, July 18, 2017
Looking to follow appellate law in Utah? Here are a few Twitter accounts to follow:
Ken Reich (@LexUtah) is a Salt Lake City practitioner. He tweets on a variety of issues, including decisions of the Utah Supreme Court. His primary area of focus is business law.
The Utah State Bar (@UtahStateBar) tweets out information useful to all state bar members, including information about the Utah Court system and judicial openings.
Last, but certainly not least, follow my law school friend Aaron Nielson (@Aaron_L_Nielson), a professor at BYU Law, for information on federal courts and administrative law. Aaron also blogs for the Yale Journal on Regulation, which you can follow @YaleJREG.
July 18, 2017 | Permalink | Comments (0)
Monday, July 17, 2017
Should SCOTUS Justices Have a Mandatory Retirement Age?
According to Law360, Seventh Circuit Judge Richard Posner (age 78), advocated for mandatory judicial retirement ages in a recent interview published by Slate. Judge Posner suggested setting the retirement age at around 80 years old, saying "[t]here are loads of persons capable of distinction as Supreme Court justices; no need for octogenarians." Currently, Justice Kennedy is 80 years old (he turns 81 in just a few days--happy birthday Justice Kennedy), and Justice Ginsburg is 84.
The notion of a mandatory judicial retirement age is not new. In fact, many states have such rules, although most states set the age at 70. The problem with a federal judicial retirement age is that Article III of the Constitution states judges "shall hold their Offices during good Behaviour," which has been read to confer life tenure on federal judges. Article III, however, is not an obstacle for Judge Posner who, according to the article, reads the clause "as simply meaning judges can be fired at any age for bad performance."
Interestingly, there have been efforts to increase state mandatory judicial retirement ages in recent years, due in part to the fact that life expectancies are increasing. These efforts, however, have largely been rejected by voters in the past. In fact, Oregon voters recently rejected an effort to remove the mandatory judicial retirement age of 75. On the other hand, last year Pennsylvania voters, by a rather narrow margin, approved an increase in the mandatory retirement age from 70 to 75.
July 17, 2017 in Appellate Court Reform, Federal Appeals Courts, State Appeals Courts | Permalink | Comments (0)
Tuesday, July 11, 2017
In keeping with my west coast focus, today's #TwitterTuesday features Twitter accounts to follow out of the great state of Nevada.
Jordan T. Smith (@NevadaAppellate)--According to his profile, Jordan Smith is an appellate litigator in Nevada. He was "[r]ecognized by Best Lawyers as the 2016 Appellate Practice Lawyer of the Year in Las Vegas." He tweets on Nevada Supreme Court opinions and other appellate items of interest.
State Bar of Nevada (@nevadabar)--The State Bar tweets on a host of topics, including legal writing, important legal news in the state, and developments in appellate law.
NV Attorney General (@NevadaAG)--This staff run account tweets out news from the AG's office, including the office's litigation efforts.
July 11, 2017 | Permalink | Comments (0)
Monday, July 10, 2017
The Chief's Advice to Young Graduates
Chief Justice John Roberts made headlines last week. It wasn't a hot-button 5-4 opinion at the end of the SCOTUS term that caught the media's attention this year. But, it was a piece of writing that the Washington Post called "[t]he best thing Chief Justice Roberts wrote this term." So, what was it? Well, it was a graduation speech delivered to the graduating class at Cardigan Mountain School, where the Chief's son Jack was graduating ninth grade.
It is hard to believe that the Chief's son is graduating ninth grade. I remember seeing him "dance" at the press conference in July 2005, when President Bush announced John Roberts' nomination to the SCOTUS. You can watch the video here. Apparently, young Jack was impersonating Spiderman.
What makes this speech so great? It is certainly funny (see this line: "You've been at a school with just boys. Most of you will be going to a school with girls. I have no advice for you."). But that is not what makes the speech stand out. What makes the speech so unique, and what has drawn attention, is the section of the speech where Chief Justice Roberts tells the students that he hopes that they will be "treated unfairly" and have "bad luck." He says:
Now the commencement speakers will typically also wish you good luck and extend good wishes to you. I will not do that, and I'll tell you why. From time to time in the years to come, I hope you will be treated unfairly, so that you will come to know the value of justice. I hope that you will suffer betrayal because that will teach you the importance of loyalty. Sorry to say, but I hope you will be lonely from time to time so that you don't take friends for granted. I wish you bad luck, again, from time to time so that you will be conscious of the role of chance in life and understand that your success is not completely deserved and that the failure of others is not completely deserved either. And when you lose, as you will from time to time, I hope every now and then, your opponent will gloat over your failure. It is a way for you to understand the importance of sportsmanship. I hope you'll be ignored so you know the importance of listening to others, and I hope you will have just enough pain to learn compassion. Whether I wish these things or not, they're going to happen. And whether you benefit from them or not will depend upon your ability to see the message in your misfortunes.
Chief Justice Roberts does offer the students some advice that I think relates to appellate advocacy. He reminds the students that, although they are "privileged," they should not act like it. Rather, when they get to their new schools, they should "walk up and introduce [themselves] to the person who is raking the leaves, shoveling the snow or emptying the trash. Learn their name and call them by their name during your time at the school." He also told them to smile and say "hello" to people that they do not recognize when taking walks. He said, "[t]he worst thing that will happen is that you will become known as the young man who smiles and says hello, and that is not a bad thing to start with."
This exhortation to treat others with kindness is a lesson that many attorneys could stand to learn. When I was clerking, there was a story told around the courthouse about some attorneys looking for a courtroom. One of the judges, who was not in his robe, stopped to help them. But, when he told them that he only knew the courtrooms by carpet color (which is how all the judges, clerks, and court staff referred to the courtrooms) and not number, the attorneys were quite rude to him. He wasn't on their panel, but I do believe that he spoke to the judges who were. A little kindness to the clerk's office, the marshals, the janitorial staff, and the unknown person offering help, goes a long way!
The Chief offers some other great advice, so I encourage you to read his full remarks here.
July 10, 2017 in Appellate Advocacy, Oral Argument, Rhetoric, United States Supreme Court | Permalink | Comments (0)
Thursday, July 6, 2017
Job Posting--Legal Research & Writing Visiting Professor at Pepperdine Law
Below is a job posting that might be of interest to some of our readers. If sunny Malibu isn't enough of a draw, don't forget that Paul Caron, "the Owner and Publisher of the Law Professor Blogs Network," is now dean at Pepperdine. Dean Caron is a prolific scholar and blogger, and he is a well-respected figure in legal academia. I suspect that he will be a great leader at Pepperdine.
Legal Research and Writing Visiting Professor (2017-2018)
Pepperdine University School of Law seeks a LEGAL RESEARCH and WRITING VISITING PROFESSOR for one year to teach for the 2017-2018 academic year. Applicants must have a J.D. from an ABA-accredited law school, have excellent academic credentials, be committed to teaching Legal Research and Writing, and support the goals and mission of the University. Applicants should have at least two to three years of post-J.D. experience in a position or positions requiring substantial legal writing. The position comes with a market-competitive salary, employment benefits, and the title of Assistant Visiting Professor of Legal Research and Writing.
The School of Law is an ABA accredited, AALS member law school located in Malibu, California. Pepperdine is a Christian university committed to the highest standards of academic excellence and Christian values, where students are strengthened for lives of purpose, service, and leadership. The School of Law welcomes applications from people of all faiths and is particularly interested in receiving applications from candidates who may bring greater racial, ethnic, and gender diversity to the faculty of the School of Law.
For further information about Pepperdine University and the School of Law, please visit the law school's website. The deadline for submission is July 19, 2017.
Please download and complete the attached application, and send to email@example.com.
Pepperdine University, School of Law
24255 Pacific Coast Hwy
Malibu, CA 90263
You can also find the posting here.
July 6, 2017 | Permalink | Comments (0)
Tuesday, July 4, 2017
#TwitterTuesday--The Centennial State
While the State of Colorado is known for many things, such as this, the state nickname that you probably learned in elementary school is the "Centennial State," since Colorado became a state in 1876, 100 years after the Declaration of Independence, which we celebrate today! So, in honor of the Fourth of July and the Centennial State, here are a few Colorado Appellate Twitter Feeds to follow:
Colorado Bar CLE (@cleincolorado) is the "[n]onprofit continuing legal education provider and publisher for the Colorado Bar Association." They tweet on legal issues in the state, including 10th Circuit cases and cases from the Colorado Appellate Courts. You can also find helpful practice and appellate information on their website: http://cbaclelegalconnection.com/
Law Week Colorado (@LawWeek) tweets on appellate decisions out of the 10th Circuit and the state supreme court, as well as the latest in legal news and happenings.
Christopher Jackson (@COAppeals), was forward thinking enough to get the best Colorado Appellate Twitter handle. He tweets about appellate matters and election law, with a focus on Colorado.
July 4, 2017 | Permalink | Comments (0)
Monday, June 26, 2017
Lexis Acquires Ravel Law
Earlier this month, LexisNexis announced that is has acquired Ravel Law. My guess is that many of our readers have not heard of Ravel Law. According to their website:
Ravel is analytical research, a new category of intelligent tool that combines legal research and analytics. Powered by expert legal knowledge, machine learning, and comprehensive caselaw from the Harvard Law Library, Ravel is built by digital natives for 21st Century practice.
Ravel enables lawyers to find what's important, understand why it's important, and put that information to use in the most persuasive way possible. In short, we turn legal information into legal insights.
Ravel's intuitive array of data-driven tools are built from the ground up for the hardest questions, transforming how lawyers understand the law and prepare for litigation.
I first heard of Ravel a year or so ago. I was particularly impressed by their Judge Analytics. They market the product as helping you "[u]nderstand how judges think, write, and rule." I think that description is spot-on. Judge Analytics allows you to find "cases, circuits, and judges your judge finds most persuasive" and "rules and specific language your judge favors and commonly cites." For appellate advocates appearing before an unfamiliar court, this is an incredibly important research tool. It is also useful for students applying for clerk-ships. It collects all of your judge research in one place.
I don't have a lot to say about Ravel's other features. I, personally, did not find Ravel's case research to be as useful, but that might be because I did not spend enough time reviewing it. The connections and graphs were a little too much for me. I suspect, however, that millennials might really like that feature.
Unfortunately, integrating Ravel into Lexis is going to take some time. When I called Lexis Advance to ask about the time frame, I was told that the integration would be complete in the first quarter of 2018. Congratulations to Lexis and Ravel--I suspect that this will be a great deal for both organizations.
June 26, 2017 in Appellate Advocacy, Appellate Practice, Legal Writing | Permalink | Comments (0)
Tuesday, June 20, 2017
#TwitterTuesday--Themeless in Arizona
Welcome to #TwitterTuesday. Alas, I have no great theme today. But, I do have three great Twitter feeds that you can follow!
Ross Guberman (@legalwritingpro) is the author of several books on legal writing, including Point Made: How to Write Like the Nation's Top Advocates (which I enjoyed) and Point Taken: How to Write Like the World's Best Judges. He tweets primarily on legal writing.
Bryan A. Garnar (@BryanAGarner) is pretty much the go-to guru for all things legal writing. He is the editor-in-chief of Black's Law Dictionary and the Redbook, interviewer of justices and judges, and co-author of at least two books with the late-Justice Scalia, including a book on appellate advocacy Making Your Case: The Art of Persuading Judges.
Megan E. Boyd (@LadyLegalWriter) blogs on legal writing at ladylegalwriter.blogspot.com. She has some great tweets on writing in general and legal writing in particular.
June 20, 2017 | Permalink | Comments (0)
Monday, June 19, 2017
Should the Justices Cancel Their Summer Plans?
Under the Rule 10 of the Supreme Court Rules, the Court will only grant a petition for a writ of certiorari for "compelling reasons." In Rule 10, the Court provides three examples that "indicate the character of the reasons" that the Court considers in granting certiorari:
(a) a United States court of appeals has entered a decision in conflict with the decision of another United States court of appeals on the same important matter; has decided an important federal question in a way that conflicts with a decision by a state court of last resort; or has so far departed from the accepted and usual course of judicial proceedings, or sanctioned such a departure by a lower court, as to call for an exercise of this Court's supervisory power;
(b) a state court of last resort has decided an important federal question in a way that conflicts with the decision of another state court of last resort or of a United States court of appeals;
(c) a state court or a United States court of appeals has decided an important question of federal law that has not been, but should be, settled by this Court, or has decided an important federal question in a way that conflicts with relevant decisions of this Court.
On June 1, the Trump Administration filed a petition for a writ of certiorari, asking the Court to hear the case Trump v. International Refugee Assistance Project, which is the Fourth Circuit case challenging President Trump's Executive Order on visas from certain countries, commonly referred to as the travel ban. There is also a case in the Ninth Circuit challenging the ban. In both cases, the respective district courts enjoined the ban and the circuit courts largely affirmed those decisions.
Should the Court grant certiorari in these cases? My friend Professor Josh Blackman has argued in a June 11 op-ed in the New York Times that the Court should indeed grant certiorari and provide "finality." Professor Blackman argues that the Court should hear arguments promptly and issue a decision "as soon as practicable." He cites a several examples of separation of powers cases that were decided quickly by the Court (within about a month), including the Pentagon Papers Case, the Steel Seizure Case, and Bush v. Gore. Professor Blackman argues:
The legal status of President Trump's executive order, and indeed that of his entire administration, needs finality, sooner rather than later. Even if five justices plan to strike down the executive order, they should do so now, and not in the fall, or worse, one year from now. The lower courts desperately need guidance. Should judges look to Mr. Trump's Twitter feed to determine his true intent? Should the judiciary privilege statements from the commander in chief that conflict with those of the Justice Department? Are all of Mr. Trump's actions that affect Muslims, at home and abroad, perpetually tainted by his campaign statements? If the Supreme Court signals that the answer to those questions is yes, then the lower courts may declare open season on this administration in contexts far beyond the travel ban. If a more circumspect Supreme Court signals that the answer is no, then, perhaps, the lower courts will fall into line.
Under Professor Blackman's reasoning, the Court is facing "compelling reasons," envisioned in Rule 10—namely, "an important question of federal law that has not been, but should be, settled by this Court."
While I sympathize with the argument, I worry that "haste makes waste" or, more accurately, bad constitutional law. Many of the cases that been rushed through the Court on big separation of powers issues result in highly fractured decisions (think the Pentagon Papers Case, the Steel Seizure Case, and Bush v. Gore) and/or a lack of acceptance by a significant portion of We the People (think Bush v. Gore). I fear that any overly speedy SCOTUS decision in the travel ban cases would end up with a reputation like Bush v. Gore. Perhaps even a non-speedy decision would suffer the same fate. At a minimum, if the Court does decide to take the case, I hope that they devote all summer to it, not just July, even if it means August in D.C. I emailed this post to Professor Blackman before posting it and he said that he does not mind the Court taking August to decide the cases either, but he does not want to see the issue linger on for six months. Either way, we should know soon (maybe even later today) if the Court plans on hearing the case.
June 19, 2017 in Appellate Procedure, Federal Appeals Courts, United States Supreme Court | Permalink | Comments (0)
Thursday, June 15, 2017
Justice Gorsuch's first Supreme Court opinion is unanimous
This week, the newest justice on the United States Supreme Court issued his first authored opinion, Henson v. Santander Consumer USA Inc. The topic was debt collection, perhaps not a scintillating topic for most, but Justice Gorsuch opened with a catchy couple of lines - the most colorful of the opinion:
Disruptive dinnertime calls, downright deceit, and more besides drew Congress's eye to the debt collection industry. From that scrutiny emerged the Fair Debt Collection Practices Act, a statute that authorizes private lawsuits and weighty fines designed to deter wayward collection practices.
The rest of the decision centers on statutory interpretation, and following in the footsteps of Justice Scalia as he does, Justice Gorsuch's textual approach does not diverge from that of the late justice. The issue in the case was whether a third party purchaser of a debt can fall within the statutory definition of a "debt collector." Because the Fair Debt Collection Practices Act defines a debt collector as one who collects a debt on behalf of another, the defendant in the case could not be called a debt collector, and so did not violate the Act. The petitioner sought to use grammatical reinterpretations of the Act's wording that did not comport with the plain meaning, and failing that, asserted policy arguments. But Justice Gorsuch did not buy it, saying:
All this seems to us quite a lot of speculation. And while it is of course our job to apply faithfully the law Congress has written, it is never our job to rewrite a constitutionally valid statutory text under the banner of speculation about what Congress might have done had it faced a question that, on everyone's account, it never faced. See Magwood v. Patterson, 561 U. S. 320, 334 (2010) ("We cannot replace the actual text with speculation as to Congress' intent"). Indeed, it is quite mistaken to assume, as petitioners would have us, that "whatever" might appear to "further[ ] the statute's primary objective must be the law." Rodri- guez v. United States, 480 U. S. 522, 526 (1987) (per curiam) (emphasis deleted). Legislation is, after all, the art of compromise, the limitations expressed in statutory terms often the price of passage, and no statute yet known "pur- sues its [stated] purpose[ ] at all costs." Id., at 525–526. For these reasons and more besides we will not presume with petitioners that any result consistent with their account of the statute's overarching goal must be the law but will presume more modestly instead "that [the] legis- lature says . . . what it means and means . . . what it says." Dodd v. United States, 545 U. S. 353, 357 (2005) (internal quotation marks omitted; brackets in original).
The opinion writer has been criticized for not being sensitive to a broader policy of consumer protections, and while that may be true, it was a unanimous Court that agreed the statute's definition of debt collector did not include the type of defendant before the Court. The Court, all nine now, agreed upon one thing - the plain meaning of the statute as written. Further, the Court did not veer off the beaten path. It affirmed the decision of the Fourth Circuit, which had affirmed the decision of the lower district court. It seems that this reading of the statute wasn't any rogue opinion, and instead placed the responsibility of writing clear law back in the hands of Congress.
June 15, 2017 in Current Affairs, United States Supreme Court | Permalink | Comments (0)
Tuesday, June 13, 2017
#TwitterTuesday--The Heartland of America
I am sorry that #TwitterTuesday has been sporadic this summer. I have been moving across the country and, apparently, having technical problems. I was 99% sure that I posted this #TwitterTuesday last week, but, alas, I was wrong. So, in honor of my drive across America, today we are featuring appellate twitter feeds to follow from the heartland of America!
Daniel Schramm (@daniel_schramm) is an appellate attorney in St. Louis, Missouri. He tweets about Missouri appellate practice, legal writing, and national legal issues.
Rox Laird (@roxlaird16) is a contributor to the blog On Brief: Iowa's Appelate Blog. He tweets about cases coming from the Iowa appellate courts and the Eighth Circuit.
For appellate news out of Kansas, follow Foulston Appeals (@FoulstonAppeals). Foulston also tweets about national appellate matters, including the confirmation of Justice Gorsuch.
June 13, 2017 | Permalink | Comments (0)
Monday, June 12, 2017
Shout-out For Clear Writing
Last week it seemed like the only thing on cable news was former FBI Director James Comey's testimony before Congress. While the content of Comey's written and oral testimony has received a lot of press, one surprise feature of the hearing was the praise Comey received for his writing. Here is the exchange Comey had with Senator James Risch from Idaho:
RISCH: Yesterday, I got, and everybody got, the seven pages of your direct testimony that's now a part of the record, here. And the first — I read it, then I read it again, and all I could think was, number one, how much I hated the class of legal writing when I was in law school.
And you were the guy that probably got the A, after — after reading this. So I — I find it clear, I find it concise and, having been a prosecutor for a number of years and handling hundred — maybe thousands of cases and read police reports, investigative reports, this is as good as it gets.
And — and I really appreciate that — not only — not only the conciseness and the clearness of it, but also the fact that you have things that were written down contemporaneously when they happened, and you actually put them in quotes, so we know exactly what happened and we're — and we're not getting some rendition of it that — that's in your mind. So...
COMEY: Thank you, Senator.
RISCH: ... so you're — you're to be complimented for that.
COMEY: I had great parents and great teachers who beat that into me.
While it is a shame that Senator Risch disliked legal writing in law school (and that he mentioned the fact at a hearing that was nationally televised), I appreciate the shout-out for the importance of clear and concise writing (and parents and teachers who encourage such writing).
Over at the Lady (Legal) Writer blog, Prof. Kirsten Davis has an excellent post on why she thinks Comey's testimony is "A" worthy. All of her comments are spot on. A few of the comments pertain directly to appellate writing, such as organizing information chronologically (almost always a great strategy in the statement of facts) and showing how his ideas connect together. She also notes the effective nature of the introductory paragraph that Comey uses and how he could have improved it. I appreciate Kirsten's insight, and I am considering using Comey's testimony in my Advanced Legal Writing course this fall when we discuss the statement of the case.
June 12, 2017 in Current Affairs, Legal Writing | Permalink | Comments (0)
Sunday, June 4, 2017
Job Posting--University of Georgia School of Law
For those of you interested in making a career move to academia, I received the following posting from the University of Georgia School of Law:
- The University of Georgia School of Law seeks to hire a full-time legal writing instructor beginning in the Fall 2017 term. Initial course package will include first-year legal writing and two additional legal writing courses based on the needs of the Law School. A Juris Doctor from an accredited university is required. Interested applicants should submit a letter, resume and list of three references at http://facultyjobs.uga.edu/postings/2239 no later than June 9, 2017. The University of Georgia is an Equal Opportunity/Affirmative Action employer. All qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin, disability, sexual orientation, gender identity or protected veteran status.
June 4, 2017 | Permalink | Comments (0)
Friday, May 26, 2017
Appellate Advocacy Blog Weekly Roundup May 26 2017
As we do every Friday, the Appellate Advocacy Blog presents a few tidbits of news and Twitter posts from the past week concerning appellate advocacy. As always, if you see something during the week that you think we should be sure to include, feel free to send Dan a quick email firstname.lastname@example.com or a message on Twitter (@Daniel_L_Real).
Supreme Court Rulings:
Cooper v. Harris
On Monday, the Supreme Court ruled in this case challenging North Carolina's congressional districts as having been drawn based on an unlawful reliance on race. Justice Kagan authored the opinion for the Court, joined by the more liberal Justices on the Court and by Justice Thomas.
TC Heartland LLC v. Kraft Foods Group Brands LLC
The Supreme Court, in a unanimous opinion, reaffirmed a prior decision and held again that a domestic corporation resides only in its state of incorporation for purposes of venue in patent cases. As a result of a Federal Circuit decision in 1990, in which the court held that patent infringement venue was proper in any court having personal jurisdiction over the defendant, over the past two decades there has been a rise of patent-focused cases in venues such as the Eastern District of Texas. As a result of the TC Heartland decision, venue is restricted to where the defendant is incorporated or where the defendant has a regular and established place of business.
Immigration Cases
As this article from The Atlantic discusses, there are a number of important immigration cases that are awaiting rulings from the Supreme Court. The article notes that in the major cases, the Court seemed to lean toward favoring the arguments of the government during oral arguments, but the current political and world climate will make the eventual rulings very interesting.
Other Appellate Court Rulings:
On Thursday, the Fourth Circuit Court of Appeals upheld a nationwide injunction that blocked the Trump administration's efforts to temporarily halt immigration from six majority-Muslim countries. The ruling is the first appellate court ruling on the second executive order issued by President Trump on the subject. If the administration wants to seek it, the next step would be to petition the Supreme Court for review.
Practice Tips:
Related to the Supreme Court's decision in TC Heartland, a good twitter thread this week touched on the importance of preserving even long-shot arguments, with the venue objection in patent cases in Texas as one example. HT: Sean Marotta.
May 26, 2017 | Permalink | Comments (0)
Tuesday, May 23, 2017
#TwitterTuesday--Legal Writing
Every appellate practitioner should want to improve his legal writing. Here are a few Twitter accounts to follow that provide helpful legal writing tips:
Follow the University of Virginia Law Writing program (@UVALawWriting) for program news and writing and advocacy tips. In looking at their page I saw several useful retweets of legal writing guru Bryan A. Garner (@BryanAGarner), which is another great account to follow.
The Legal Writing Institute (@lwionline) tweets about conferences, articles, and news in the legal writing community.
To write well you must also listen well. Follow Listen Like a Lawyer (@ListenLikeaLwyr) for tips on effective listening practices.
May 23, 2017 | Permalink | Comments (0)
Tuesday, May 16, 2017
#TwitterTuesday--Even More Judges Who Tweet
I am a little late today with #TwitterTuesday. My blogging has been a little slow the past few weeks, as my husband and I are preparing to move to Tucson, Arizona, where I will be taking a position as the Assistant Director of Legal Writing at the University of Arizona James E. Rogers College of Law. But, I do have some tweeting judges to highlight today:
Jerod Tufte (@JudgeTufte) is a justice on the North Dakota Supreme Court. He tweets about appellate practice with an occasional beautiful picture of the Dakotas thrown in.
Steve Leben (@Judge_Leben) is a judge on the Kansas Court of Appeals and an Adjunct Professor at KU School of Law. He is the co-founder of Procedural Fairness, an organization dedicated to "helping judges and courts implement policies and practices that promote procedural fairness in courtrooms and courthouses," and tweets on this subject and others.
Richard Dietz (@richard_dietz) is a judge on the North Carolina Court of Appeals and a former appellate litigator. His tweets cover appellate writing and practice and North Carolina judicial elections.
And, a post on tweeting judges would be incomplete without a Texas judge! Brett Busby (@BrettBusby) is a justice on the Texas Court of Appeals, 14th District. He is not a frequent tweeter, but has started highlighting some of the work of the South Texas College of Law. We hope to see more tweeting out of him in the future.
May 16, 2017 | Permalink | Comments (0)
Friday, May 5, 2017
Appellate Advocacy Blog Weekly Roundup May 5 2017
As we do every Friday, the Appellate Advocacy Blog presents a few tidbits of news and Twitter posts from the past week concerning appellate advocacy. As always, if you see something during the week that you think we should be sure to include, feel free to send Dan a quick email firstname.lastname@example.com or a message on Twitter (@Daniel_L_Real).
U.S. Supreme Court Rulings:
Bank of America v. City of Miami and Wells Fargo & Co. v. City of Miami:
A divided Court ruling on Monday that the City of Miami counts as an aggrieved "person" entitled to standing to file suit claiming harm from discriminatory lending practices of banks. Chief Justice Roberts joined liberal justices Breyer, Ginsburg, Sotomayor, and Kagan in the majority; Thomas dissented, joined by Kennedy and Alito; Gorsuch did not participate.
National Law Journal Article reviewing the decision
Reuters Article reviewing the decision
Work Remaining for SCOTUS This Term:
Although the Supreme Court has completed hearing oral argument in cases for this term, much work remains to be done. More than half of the cases on this term's docket remain pending, and the Court has the task of finalizing them before the end of term in late June. That includes resolution of a number of noteworthy cases involving immigration, trademark arguments that impact the Washington Redskins trademark, cases against federal law enforcement officials, and religious liberty.
Developments in Appeal of Travel Ban Case:
The United States Court of Appeals for the Fourth Circuit is scheduled to hear arguments next week challenging the latest version of the Trump administration's travel ban. When that case is heard, however, Judge J. Harvie Wilkinson III will be recused because his son-in-law, the acting Solicitor General, is a lead lawyer for the administration. Wilkinson was nominated to the bench by President Reagan and confirmed in 1984, and he is one of the most prominent conservative federal appeals judges in the country. His recusal appears to further tip the balance of the panel that will hear the appeal toward a more liberal balance, widening the margin of judges appointed by Democratic presidents over Republican presidents.
BuzzFeed article.
UCLA Clinic Wins SCOTUS Case:
The Daily Bruin ran a great article this week covering a recent victory before the United States Supreme Court for UCLA law professor Stuart Banner and Supreme Court Clinic students. The case, Nelson v. Colorado, involved issues related to court fees. In Colorado, defendants convicted of crimes are required to pay restitution and fees, and they are not entitled to have those expenditures returned if their convictions are overturned on appeal. Instead, Colorado law provides that they must bring a separate proceeding and "prove" their innocence. Banner and his students successfully argued that the Colorado procedures were unconstitutional.
Practice Tips:
The Bar Association of the Fifth Federal Circuit is consistently a great source for useful practice tips. This week, the BAFF Twitter Account reminded followers that the Fifth Circuit website offers a vast array of practitioner guides and samples to make appellate practice in that court easier. Just see the links under "Forms, Fees & Guides" to start exploring.
Of Interest:
This week, the New York Times ran an article covering a book, "Hemingway Didn't Say That: The Truth Behind Familiar Quotations," in which Garson O'Toole (a pseudonym for former teacher and Johns Hopkins researcher Gregory F. Sullivan). The book compiles some of the most popular posts from the popular website Quote Investigator, where O'Toole has traced the origins of numerous well-known sayings and identified misattribution of many famous quotes.
Appellate practitioners -- and appellatetwitter members, in particular -- love a good quote. Better be sure the attribution is correct!
May 5, 2017 | Permalink | Comments (0)
Tuesday, May 2, 2017
#TwitterTuesday--Oh Michigan
I hear that it has been cold up north. So, for those of you who might be snowed in and looking for some good Michigan appellate Twitter feeds to follow, here you go!
Bill Schuette (@SchuetteOnDuty) serves as Michigan's Attorney General. The twitter feed helps inform the public about the current projects and reports issued by the Department of Attorney General.
Bridget McCormick (@BridgetMaryMc) serves as a justice on the Michigan Supreme Court (@MISupreme Court).
A colleague of Justice McCormick's, Justice David Viviano (@JusticeViviano) also serves on the State's highest Court.
May 2, 2017 | Permalink | Comments (0)


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Schrader's Thoughts On Talladega Superspeedway... "We went to Talladega and tested, but we didn't make a lot of long runs so we never got the chance to test the new fuel cell. I think that it's definitely going to make a difference in the way we...
Schrader's Thoughts On Talladega Superspeedway...
"We went to Talladega and tested, but we didn't make a lot of long runs so we never got the chance to test the new fuel cell. I think that it's definitely going to make a difference in the way we race this time around. Since we'll have to pit more frequently, I think that more than likely the packs of cars will be a little more broken up. It could be interesting."
"M&M's"® Racing At Talladega Superspeedway...
* The "M&M's"® Racing Team tested for the final restrictor plate race of the season in mid-September. For crew chief Newt Moore, the test was quite helpful as the team prepared for the return trip to the Alabama track.
"Our test went really, really good," Moore said. "We built a brand new car and took it down there for the test. We ran times like everyone ran in qualifying in the spring, and we really expect to pick up from that when we go back there this weekend. We took 16 people down there, and we really put a big effort into this test. We're looking forward to going down Talladega, and we're hoping to come away with a really good finish."
* "M&M's"® tire carrier Charlie Brock has a special connection with Talladega and its history. Charlie's grandfather is legendary racer Red Farmer, one of the original members of the famed 'Alabama Gang' who won three consecutive NASCAR Busch Series, Grand National Division titles from 1969-1971.
* There's no question that the high-speed, superspeedways of Talladega and Daytona are a favorite of Schrader's. The Alabama track has a special place in Schrader's heart as it was the site of Schrader's first Winston Cup victory in 1988. He also has two poles and 11 top 10s to his credit at Talladega.
* The "M&M's"® Racing Team is hoping to improve on last April's performance at the superspeedway. In an odd turn of events, the roll bar padding of the No. 36 car fell and hit the car's kill switch causing the "M&M's"® car to lose the draft. Despite the problems, the "M&M's"® car was still able to finish in 24th place.
"That was a rough day, but we were able to salvage a decent finish," Schrader said. "We had a pretty good car, and I think we should be strong going back there."


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Clothing Brands testimonials
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Past students testimonials
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Delighted & excited you guys are so amazing : ) helped me with finding the right clothes for sat night !!!!!!! will be the bell of the ball all down to you xx thanks — Michelle xxx


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Global economic and financial crisis: India's trade potential and future prospects
This paper estimates the trade potential for India using the augmented gravity model and then attempts to determine the importance of trade remedies. Based on panel data, this gravity model is the first-ever attempt to estimate India's trade potential in the pre- and post- global economic and financial crisis period. The estimates of India's global trade potential reveal that the magnitude of India's trade potential is at its maximum in the Asia-Pacific region, followed by Africa and Latin America. Potential for expansion of trade in the post-crisis period is highest for countries such as China. However, in a large part of the world, India's trade has remained unrealized, which provides further opportunities to expand despite the slowdown in global demand. There is a strong complementary role, as the findings of this paper indicate; i.e., tariff liberalization and trade facilitation, which taken together can help build export momentum in the crisis period.
If you experience problems downloading a file, check if you have the proper application to view it first. In case of further problems read the IDEAS help page. Note that these files are not on the IDEAS site. Please be patient as the files may be large.
|Date of creation:
|May 2009
|Publication status:
|Published in ARTNeT website
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| Web page: http://www.unescap.org/tid/artnet/
References listed on IDEAS
Please report citation or reference errors to , or , if you are the registered author of the cited work, log in to your RePEc Author Service profile, click on "citations" and make appropriate adjustments.:
- James E. Anderson & Eric van Wincoop, 2004.
"Trade Costs,"
Journal of Economic Literature,
American Economic Association, vol. 42(3), pages 691-751, September.
- James E. Anderson & Eric van Wincoop, 2004. "Trade Costs," NBER Working Papers 10480, National Bureau of Economic Research, Inc.
- James E. Anderson & Eric van Wincoop, 2004. "Trade Costs," Boston College Working Papers in Economics 593, Boston College Department of Economics.
- Baier, Scott L. & Bergstrand, Jeffrey H., 2009. "Bonus vetus OLS: A simple method for approximating international trade-cost effects using the gravity equation," Journal of International Economics, Elsevier, vol. 77(1), pages 77-85, February.
- Nordås, Hildegunn Kyvik & Piermartini, Roberta, 2004. "Infrastructure and trade," WTO Staff Working Papers ERSD-2004-04, World Trade Organization (WTO), Economic Research and Statistics Division.
- Andrew K. Rose, 1999. "One Money, One Market: Estimating the Effect of Common Currencies on Trade," NBER Working Papers 7432, National Bureau of Economic Research, Inc.
- Rose, Andrew K, 1999. "One Money, One Market: Estimating the Effect of Common Currencies on Trade," CEPR Discussion Papers 2329, C.E.P.R. Discussion Papers.
- Rose, Andrew, 1999. "One Money, One Market: Estimating the Effect of Common Currencies on Trade," Seminar Papers 678, Stockholm University, Institute for International Economic Studies.
- James Harrigan, 2001. "Specialization and the volume of trade: do the data obey the laws?," Staff Reports 140, Federal Reserve Bank of New York.
- James Harrigan, 2001. "Specialization and the Volume of Trade: Do the Data Obey the Laws?," NBER Working Papers 8675, National Bureau of Economic Research, Inc.
- Hausman, Jerry, 2015. "Specification tests in econometrics," Applied Econometrics, Publishing House "SINERGIA PRESS", vol. 38(2), pages 112-134.
- Hausman, Jerry A, 1978. "Specification Tests in Econometrics," Econometrica, Econometric Society, vol. 46(6), pages 1251-1271, November.
- J. A. Hausman, 1976. "Specification Tests in Econometrics," Working papers 185, Massachusetts Institute of Technology (MIT), Department of Economics.
- David S. Jacks & Christopher M. Meissner & Dennis Novy, 2008. "Trade Costs, 1870-2000," American Economic Review, American Economic Association, vol. 98(2), pages 529-534, May.
- Hoekman, Bernard & Nicita, Alessandro, 2011. "Trade Policy, Trade Costs, and Developing Country Trade," World Development, Elsevier, vol. 39(12), pages 2069-2079.
- Hoekman , Bernard & Nicita, Alessandro, 2008. "Trade Policy, Trade Costs, and Developing Country Trade," Policy Research Working Paper Series 4797, The World Bank.
- Mia Mikic & John Gilbert, 2007. "Trade Statistics In Policymaking - A Handbook Of Commonly Used Trade Indices And Indicators," STUDIES IN TRADE AND INVESTMENT, United Nations Economic and Social Commission for Asia and the Pacific (ESCAP), number tipub2491.
- Simeon Djankov & Caroline Freund & Cong S. Pham, 2010. "Trading on Time," The Review of Economics and Statistics, MIT Press, vol. 92(1), pages 166-173, February.
- Djankov, Simeon & Freund, Caroline & Pham, Cong S., 2006. "Trading on time," Policy Research Working Paper Series 3909, The World Bank.
- Mauricio Mesquita Moreira & Christian Volpe Martincus & Juan S. Blyde, 2008. "Unclogging the Arteries: The Impact of Transport Costs on Latin American and Caribbean Trade," IDB Publications (Books), Inter-American Development Bank, number 13138, February.
- Bougheas, Spiros & Demetriades, Panicos O. & Morgenroth, Edgar L. W., 1999. "Infrastructure, transport costs and trade," Journal of International Economics, Elsevier, vol. 47(1), pages 169-189, February.
- Spiros Bougheas & Panicos Demetriades & Edgar Morgenroth, 1996. "Infrastructure, Transport Costs and Trade," Keele Department of Economics Discussion Papers (1995-2001) 96/7, Department of Economics, Keele University.
- J. M. C. Santos Silva & Silvana Tenreyro, 2006. "The Log of Gravity," The Review of Economics and Statistics, MIT Press, vol. 88(4), pages 641-658, November.
- Joao Santos Silva & Silvana Tenreyro, 2005. "The Log of Gravity," CEP Discussion Papers dp0701, Centre for Economic Performance, LSE.
- Santos Silva, J.M.C & Tenreyro, Silvana, 2005. "The Log of Gravity," CEPR Discussion Papers 5311, C.E.P.R. Discussion Papers.
- Joao Santos Silva & Silvana Tenreyro, 2005. "The log of gravity," LSE Research Online Documents on Economics 3744, London School of Economics and Political Science, LSE Library.
- Elhanan Helpman & Marc Melitz & Yona Rubinstein, 2008. "Estimating Trade Flows: Trading Partners and Trading Volumes," The Quarterly Journal of Economics, Oxford University Press, vol. 123(2), pages 441-487.
- Elhanan Helpman & Marc Melitz & Yona Rubinstein, 2007. "Estimating Trade Flows: Trading Partners and Trading Volumes," NBER Working Papers 12927, National Bureau of Economic Research, Inc.
- Rubinstein, Yona & Helpman, Elhanan & Melitz, Marc, 2008. "Estimating Trade Flows: Trading Partners and Trading Volumes," Scholarly Articles 3228230, Harvard University Department of Economics.
- Yuriy Gorodnichenko & Linda L. Tesar, 2009. "Border Effect or Country Effect? Seattle May Not Be So Far from Vancouver After All," American Economic Journal: Macroeconomics, American Economic Association, vol. 1(1), pages 219-241, January.
- Kaliappa Kalirajan & Swapan Bhattacharya, 2007. "Free Trade Arrangement Between India and Japan:An Exploratory Analysis," ASARC Working Papers 2007-09, The Australian National University, Australia South Asia Research Centre.
- Yann Duval & Chorthip Utoktham, 2009. "Behind-the-Border Trade Facilitation in Asia-Pacific: Cost of Trade, Credit Information, Contract Enforcement and Regulatory Coherence," Working Paper Series 209, United Nations Economic and Social Commission for Asia and the Pacific (ESCAP).
- Yann Duval & Chorthip Utoktham, 2009. "Behind the Border Trade Facilitation in Asia-Pacific: Cost of Trade, Credit Information, Contract Enforcement and Regulatory Coherence," Working Papers 6709, Asia-Pacific Research and Training Network on Trade (ARTNeT), an initiative of UNESCAP and IDRC, Canada..
- Helble, Matthias & Shepherd, Ben & Wilson, John S., 2007. "Transparency, trade costs, and regional integration in the Asia Pacific," Policy Research Working Paper Series 4401, The World Bank.
- John S. Wilson & Catherine L. Mann & Tsunehiro Otsuki, 2005. "Assessing the Benefits of Trade Facilitation: A Global Perspective," The World Economy, Wiley Blackwell, vol. 28(6), pages 841-871, 06.
- repec:idb:brikps:13138 is not listed on IDEAS
- Egger, Peter, 2000. "A note on the proper econometric specification of the gravity equation," Economics Letters, Elsevier, vol. 66(1), pages 25-31, January.
- Peter Egger, "undated". "A Note on the Proper Econometric Specification of the Gravity Equation," WIFO Working Papers 108, WIFO.
- McCallum, John, 1995. "National Borders Matter: Canada-U.S. Regional Trade Patterns," American Economic Review, American Economic Association, vol. 85(3), pages 615-623, June.
- Anderson, James E, 1979. "A Theoretical Foundation for the Gravity Equation," American Economic Review, American Economic Association, vol. 69(1), pages 106-116, March. Full references (including those not matched with items on IDEAS)
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My mother has a male cat (non neutered or declawed).
She also has a 10 year old male minpin.
Recently, the male cat has been attacking her min pin.
My mom was making the dog growl (they play like that) and the cat attacked.
It's gotten to the point that my dad has broken a table and threw a couch to seperate
the cat from their dog, all while using one hand (as his other one is broken).
My 16 month old daughter goes over their house and my mother is afraid that
the cat will attack her, the baby, my dad or seriously hurt their dog.
What can I do? We dont want the cat to be put asleep, but it needs to go to a new home with no kids or dogs.
Asked by Anonymous at 6:47 PM on Apr. 24, 2009 in Pets
Answer by CarieP at 6:50 PM on Apr. 24, 2009
Answer by Anonymous at 6:50 PM on Apr. 24, 2009
Answer by SarahLeeMorgan at 6:51 PM on Apr. 24, 2009
Answer by Anonymous at 6:52 PM on Apr. 24, 2009
Next question in Pets
how do i get car oil off my dog as my 3 yr old decided to paint him
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Address: 64 James Small Drive, Coffs Harbour, NSW 2450, Australia,
Call for more information: 01787 881111
Website: www.kororabayvillage.com/
Interested in properties for sale and rent at Korora Bay Village? Call our sales team now on 0800 071 4674 or +44 (0)1787 881111.
Korora Bay Village Facilities
Air Conditioning (All Units), Dishwasher (All Units), Kitchen (All Units, Full), Microwave (All Units), Telephone (All Units), Washer/Dryer (Some Units),
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Coffs Harbour - (11 miles - 17 km)
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When you buy through Travel & Leisure Group, you could end up saving potentially thousands of pounds on the development price. We also offer secure and safe transactions and are members of The Timeshare Association, American Resort Development Association, Resort Development Association and the Australian Timeshare and Holiday Ownership Council. We adhere to both European and UK government legislation regarding timeshare resale and sales.
Rent Korora Bay Village before you buy
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Travel & Leisure Group also specialise in selling timeshare and timeshare resales. We have years of experience selling Korora Bay Village property. So if you have timeshare for sale, we can help you get a great price. Selling timeshare could not be easier, we run a TV advertising campaign on Freeview and satellite television on top channels plus online advertising in efforts to sell timeshare with Korora Bay Village.
Anyone looking to sell timeshare using Korora Bay Village can be safe in the knowledge that they are in safe hands with monies deposited in an ESCROW account administered by an independent lawyer. With 23 years' experience and a first class reputation within the industry you need look no further when looking to sell your timeshare.
For more information on any of our timeshare services, please don't hesitate to call us today. One of our friendly, expert team will be happy to answer any questions you may have. Alternatively you can send us a message here.


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(no subject)Dec. 19th, 2015 07:45 pm
And then I read back 40 entries of my LJ since I was already on the page. Oh my god, I was so broken and scared and angry all the time. I'm going to stop reading that, it's too embarrassing.
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There is so much graduate activity to celebrate this term: great productions on all over New Zealand. (We hope we don't accidentally miss anyone out.)
Firstly to Dunedin where the Fortune Theatre Company presents Sondheim's Into the Woods: Bryony Skillington (2007) as the Witch – "stupendous performance… one of NZ's most spell-binding actors"; Frith Horan (2013) as Grannie – "delicious"; Josh Cramond (2015) as the Wolf – "but it is as a hilariously goofy Cow that he is really irresistible"; Julie Edwards (1989) is Jack's mum – "one of the most engaging stage personalities you will ever see" and Peter Hayden (1973) "of the velvet voice".


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Investing in Real Estate with Clayton Morris | Passive Income Through Rental Real Estate
About This Show
Show Info: Want to build passive income? Investing in Real Estate publishes three time a week! It's a show hosted by Clayton Morris with a laser focus on buy and hold rental properties in order to create passive income. Clayton shares tried and true methods for acquiring rental real estate, building net worth, and accelerating your financial freedom. This podcast utilizes expert interviews, case studies with normal everyday investors, and Clayton's own methods for achieving passive income. If you want to learn how to acquire turnkey rentals, discounted properties, passive income and true legacy wealth then subscribe today. We're going to help you chart a course to build passive income and build legacy wealth for you and your family. If you're a fan of The Bigger Pockets podcast, the Dave Ramsey show, Rich Dad Poor Dad with Robert Kiyosaki, Tony Robbins, Lifetime cash flow through real estate investing with rod khleif and cashflow ninja, planet money, and epic real estate investing with matt theriault then you're going to love this show. .


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Berkshire Hathaway Inc., the holding company run by the billionaire investor Warren E. Buffett, reported a record quarterly profit yesterday, almost twice that of last year's first quarter, powered by rising insurance rates.
The results matched the review of the quarter that Mr. Buffett gave shareholders at the annual meeting in Omaha on Saturday.
Berkshire reported a net profit of $1.73 billion, or $1,127 a share, for the first quarter. That compared with $916 million, or $598 a share, a year ago. The earnings per share figures are unusually high because of the relatively low number of shares issued. Berkshire A shares traded at $72,700 on Friday.
The results included $518 million in one-time gains from the sale of investments, compared with $98 million the year before. Mr. Buffett says those gains do not give any indication of the progress of the underlying business.
Overall quarterly revenue rose 20 percent, to $11.4 billion, bolstered by higher insurance premiums.
The huge profit increased cash flow into the company, which Mr. Buffett uses to invest in stocks, bonds or buying companies outright. The company had $16.1 billion in cash at the end of March.
Berkshire's bond investments fell 8 percent in value, to $35 billion, in the quarter, while stock investments fell 3 percent, to $27 billion.Continue reading the main story


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Originally posted on Bloguin Best | Last updated 10/24/13
Boise State (5-2) at BYU (5-2) Friday, 8:00 PM, ESPN Line: BYU -7 This is not one of Boise State's best teams in recent memory, but at 5-2 the Broncos are still a tough game. It's hard to imagine we'll get a repeat of last year's 7-6 win by Boise. BYU is ranked 14th nationally in total offense with 503 yards per game, while Boise State is 18th with 494.4 yards a game. So the score of this one could be a bit higher. Boise holds a 3-0 advantage over BYU and the timing of the game may be perfect to make that 4-0 as the Cougars are coming off a grueling four-plus hour game with Houston. For Boise State to win: The Broncos need to put the pressure on the BYU defense by running the ball. If Boise can garner some confidence on offense then watch out. For BYU to win: The defense has to play much better than it did a week ago when it allowed 46 points. In fairness to this unit, 16 of those points came on special teams or by offensive mistakes. Key Player, Boise State: QB Grant Hedrick hasn't played a complete game since he graduated from high school, but is forced into action against BYU. Senior Joe Southwick, who is 15-4 as a starter, is out after fracturing his right ankle against Nevada. Hedrick is actually more versatile than Southwick and could pose some serious concerns for a tired BYU defense. Key Player, BYU: WR Cody Hoffman had seven receptions in a 47-46 victory over Houston, making him the career leader in receptions for the Cougars. His ability to make plays, especially down the field, will play a key factor in beating Boise. Key Stat: 100. This game will mark coach Chris Petersen's 100th game as head coach of Boise State. He's an impressive 89-10 and is the winningest active coach in the Football Bowl Subdivision.
PLAYERS: Grant Hedrick, Joe Southwick, Cody Hoffman, Chris Petersen
TEAMS: Boise State Broncos, Brigham Young Cougars
TEAMS: Boise State Broncos, Brigham Young Cougars
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If we know about them in advance, we will place the information about these sales in this section. The information below is provided by the sellers. All O Scale West does is publish it below in order to make that information available to the OSW community. OSW does not edit the information the sellers provide and is not responsible for claims or offers the seller might make in the information they provided to OSW.
While no hard information has been provided by the sellers who are registered for OSW, rumor has it that some collections and estates will be sold at OSW.
Want to learn more about 2-rail O scale? Visit the O Scale Kings website.


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Dispute may aid nuclear dump proponents
A dispute between two Aboriginal land councils may make it easier for the Federal Government to find a location for its national nuclear waste dump.
The Federal Government announced its plan to build the dump at one of three sites in the Northern Territory last year.
It put forward two sites in central Australia, both within 100 kilometres of Alice Springs, and a third at Fishers Ridge, about 40 kilometres from Katherine.
The move outraged the Northern Territory Government and the Central Land Council (CLC), which is based in Alice Springs.
But the Northern Land Council (NLC) is pushing for land councils to nominate a site on their own territory for a national nuclear waste facility.
NLC former chairman Galarrwuy Yunupingu has said a nuclear waste dump could bring financial benefits for Aboriginal people, an argument accepted by the Federal Government.
The council's current chairman, John Daly, says it will make a decision about a site based on science, not politics.
"If we keep the politics out of it and stick to the science, I think we'll come out with best practice, as far as worldwide conditions are concerned," he said.
But CLC director David Ross says his opposition to a waste dump in the Northern Territory is based on science.
"I think he's finally got onto the right track and the Government should be looking at this from a scientific point of view," he said.
"Let's get back to the report that was prepared for Commonwealth on where are the best sites possible within Australia to build a waste dump in Australia.
"And most of those sites, I think you'll find, are elsewhere in Australia and certainly not in the Northern Territory, let alone in central Australia."
Mr Ross says the NLC's comments undermine his and the Northern Territory Government's opposition to a nuclear waste dump in the territory.
He says the NLC area receives too much rainfall to build a waste dump there.
"The best possible site in the country was in Woomera, so the Commonwealth needs to be back there talking to the South Australian Government," he said.
"Let's look at this in reality and lets look at it from a scientific point of view."
Reactor visit
Nine NLC executive members have visited the Lucas Heights nuclear reactor in Sydney to seek answers about the planned dump.
Mr Daly says the visit will help the council make a decision about proposing a site on its land.
"All the information we've got is second-hand, so what we wanted to do was, we wanted to bring the executive down and say, 'OK, we want to look a the first-hand information on this and we want to have a look at it purely and simply from a science point of view'," he said.
He says the trip will help convince other Territorians nuclear waste can be stored safely.
Mr Daly says the council had many questions and this week's visit to Lucas Heights has been enlightening.
"Most of the questions that have been raised by the council members have been on the assumption of fear," he said.
"And I think the fear's been alleviated.
"As far as quite a few of the council members are concerned, I feel a lot more comfortable talking about the issue, knowing what I know now and seeing what I've seen."
Mr Daly says the council will now take what they learned this week back to consultations with traditional owners in the northern region.
The Federal Government is planning to make a decision on where to put the national nuclear waste facility by the end of the year.
Topics: states-and-territories, nuclear-issues, alice-springs-0870
First posted


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|By Marketwired .
Article Rating:
|August 15, 2017 08:30 AM EDT
DENVER, CO -- (Marketwired) -- 08/15/17 -- American Cannabis Company, Inc. (OTCQB: AMMJ) ("ACC"), a full-service business-to-business consulting solutions provider, and seller of ancillary products to the cannabis industry, today announced it has secured a client in the state of California. This client seeks to acquire a license that will permit them to dispense medical cannabis to patients. ACC has been contracted to complete operational planning activities, to provide conceptual design work for a retail dispensary location, to assist with 2017 city permitting, and to help with 2018 state application completion. Upon the client being awarded a city permit, ACC will be further retained in the dispensary deployment process where the consulting firm will provide facility staffing solutions, a customized set of operational workflow procedures, and remote operational monitoring support. ACC expects to leverage this contract to secure additional revenues through long-term consulting agreements and future sales of ancillary products, as this client is looking to seek licensure for the California recreational/adult-use cannabis program in the near future.
Terry Buffalo, CEO of American Cannabis Company, commented: "We are glad to be engaged with this client in the state of California. This state, while deeper than most states in its cannabis industry history and tenure, continues to present vast amounts of opportunity within the marketplace. As a company, ACC is actively seeking to align itself with strong clients who have an understanding of what it takes to achieve success. Needless to say, we are confident that our new client in California is equipped with the right tools to be competitive, and we will strive to make this client more and more competitive within the marketplace as we seek to be a long-term consulting solution for this group."
About American Cannabis Company, Inc.
American Cannabis Company, Inc. offers end-to-end solutions to existing and aspiring participants in the cannabis industry. We utilize our industry expertise to provide business planning and market assessment services, assist state licensing procurement, create business infrastructure and operational best practices. American Cannabis Company also developed and owns a portfolio of branded products including: The Satchel, SoHum Living Soils, The Cultivation Cube and The High Density Cultivation System. We also design and provide other industry specific custom product solutions. The building and development of our brands and product suite is based on our Geoponics Philosophy, "the art and science of agriculture in soil."
For more information, please visit:
Forward Looking Statements
This news release contains "forward-looking statements" which are not purely historical and may include any statements regarding beliefs, plans, expectations or intentions regarding the future. Such forward-looking statements include, among other things, the development, costs and results of new business opportunities and words such as "anticipate", "seek", intend", "believe", "estimate", "expect", "project", "plan", or similar phrases may be deemed "forward-looking statements" within the meaning of the Private Securities Litigation Reform Act of 1995. Actual results could differ from those projected in any forward-looking statements due to numerous factors. Such factors include, among others, the inherent uncertainties associated with new projects, the future U.S. and global economies, the impact of competition, and the Company's reliance on existing regulations regarding the use and development of cannabis-based drugs. These forward-looking statements are made as of the date of this news release, and we assume no obligation to update the forward-looking statements, or to update the reasons why actual results could differ from those projected in the forward-looking statements. Although we believe that any beliefs, plans, expectations and intentions contained in this press release are reasonable, there can be no assurance that any such beliefs, plans, expectations or intentions will prove to be accurate. Investors should consult all of the information set forth herein and should also refer to the risk factors disclosure outlined in our annual report on Form 10-K for the most recent fiscal year, our quarterly reports on Form 10-Q and other periodic reports filed from time-to-time with the Securities and Exchange Commission. For more information, please visit www.sec.gov.
Steven Lico
Marketing Manager
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Santos seeks to raise capital through share sale
Oil and gas producer Santos is the latest to go cap in hand to investors and is asking for as much as $3 billion. The cash will give Santos a very strong balance sheet, enabling it to fund all existing projects and the capability to buy distressed assets should they appear on the market over coming months.
TranscriptALI MOORE, PRESENTER: It seems there's no time like the present to raise cash, with the market now more than 25 per cent off its low.
Oil and gas producer Santos is the latest to go cap in hand to investors and is asking for up to $3 billion. The cash will give Santos a very strong balance sheet, allowing it to fund all existing projects and buy any distressed assets that may come up for sale in coming month.
Desley Coleman reports.
DESLEY COLEMAN, REPORTER: After last year's $2.5 billion deal with Malaysian Group Petronas, Santos is hardly distribute for gas
MARK TAYLOR, OIL & GAS ANALYST, MORNINGSTAR: I think they just see this as an opportune time. The market's particularly receptive to raising money now and they want to lock in that opportunity that they've got.
DESLEY COLEMAN: Santos is offering shareholders two new shares for each five they already own at a 27 per cent discount to Friday's closing price of $17.09. The issue aims to raise up to $3-billion.
GAVBIN WEDNT, RESOURCES ANALYST, FAT PROPHETS: A big discount, but I think that should be relatively warmly received by the market. I mean, Santos share prices increased very strongly over the last few months, so I think the company was prepared to do a deal and give some value back to existing shareholders.
DESLEY COLEMAN: Santos plans to use $600-million to pay down debt and just over $1 billion will go towards funding its share of a Papua New Guinea Liquefied Natural Gas project.
In a statement to the Australian Securities Exchange, Santos Chief Executive David Knox said, "The PNG LNG project is expected to materially enhance Santo's earnings once it is completed, and we are raising equity today to fully participate in the project while maintaining our strong financial position."
Santos also needs to fund a second project in Gladstone. If the company reaches its $3 billion target, it will have almost $4 billion in cash and minimal debt, which will be more than enough to cover both of its major projects.
MARK TAYLOR: They've got Gladstone coming down the track as well, and. I suppose, you know, you've come through a period where, you know, debt funding has been extraordinarily difficult. And we are talking about a project that's been built in the wilds of PNG. Perhaps they just want to have that money locked in so, heaven forbid, the debt markets freeze up completely again and they're not sort of held out to dry.
DESLEY COLEMAN: Gavin Wendt from Fat Prophets says there's plenty of large investors waiting for the right opportunities.
GAVIN WENDT: Investors are becoming a little more confident about the mark, particularly the big funds that are raising money for these sorts of companies. And I guess the second thing is, too, a lot of those funds seem to be underweight the market. They're probably overweight cash and very much underweight the market.
DESLEY COLEMAN: Which will be good news for the queue of companies wanting to take advantage of markedly improved conditions. Pacific Brands announced today that it too will turn to shareholders to raise as much as $256 million. The capital raising will give the struggling clothing group some breathing space after it recently renegotiated its loans with the banks.


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Class A CDL Owner Operators - Home Weekends!
Wauwatosa, WI 53213
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Wauwatosa, WI


text: I don't see why NDG would be closing. Prices have gone down about 30%-40% lower than years before. They have moved some production to China. Chunky Shawl Cardigan is now $240 compared to $600 last year. (Not as chunky though). As for rent, I don't think its that high, their location is in the basement. They share the same basement with the copy/printing place. I heard that they are planning to open up a ground level store. As for their online store, it won't happen until next year. ndg always have some nice sales from ervell and common projects at 50% off. They have sidewalk construction, you may have some hard time finding the store since some area is closed off. Where did you see a Shawl Cardigan this season? I asked at their Shibuya store and the girl said they weren't doing one this season. Didn't see it in the lookbook either. When I visited their NY store the basement was closed and they had a grand total of 2 racks of clothes for sale, hardly even a corner of the room. They've had some really awesome stuff but most of their current season sucks and they've got to have some of the most pretentious people ever writing their releases


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A revolutionary method for individual or class instruction.
This teacher edition of Sound Innovations for Guitar, Book 1 contains 36 complete one-week units/lesson plans. The lessons progress through six major levels and provide goals, access to reproducible enrichment and enhancement pages, expansion suggestions, performance advice, assessment tools, and clear guidance as to reasonable expected outcomes. The intent of this method is to provide both students and teachers with an exciting and rewarding guitar class experience.
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Our product catalog varies by country due to manufacturer restrictions. If you change the Ship-To country, some or all of the items in your cart may not ship to the new destination.