“Hoverboards” as they have become known, have become popular this past year. As explained in this Wall Street Journal article, the history and intellectual property behind the device is a bit murky. When it comes to this device, the patent systems in China and the United States interact in interesting ways that are certain to
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The Second Amendment and Californa's Mandatory Microstamping Law
In 2007 California enacted a law banning the sale of handguns that lack the ability to imprint the weapon’s make, model, and serial number on the cartridge when the bullet is fired. The purpose of the law is fairly obvious. Imprinting information that identifies the weapon on the cartridge would aid in investigating shootings. The…
Supreme Court Original Jurisdiction
The lawsuit by Nebraska and Oklahoma against Colorado is an interesting development on the legalization issue. This case filed by a state against another state would fall under the original jurisdiction of the Supreme Court which like appellate jurisdiction is discretionary. Texas v. New Mexico, 462 U.S. 554, 570 (1983). They usually appoint a special master to conduct the…
Appellate Case Timelines
The Wall Street Journal has an interesting article about the length of time that recent Supreme Court cases from the last five years were pending by the time they reached the apex court. This article only considers cases where the Supreme Court granted a writ of certiorari which is a very small percentage of the cases…
Jurors and the Plea
In Williams v. Swarthout the U.S. Ninth Circuit Court of Appeals reversed a conviction, because the judge erroneously stated after swearing in the jury that the defendant pleaded guilty at the beginning of the trial. The defendant had in fact pleaded not guilty hence the ensuing trial. Earlier during voir dire the judge told the prospective…
New York City Sugary Drink Regulation
In September 2012, New York City’s Board of Health prohibited the sale of sugary drinks larger than 16 ounces in restaurants and some other venues such as movie theaters, fast food restaurants, and cafeterias that it inspects. Five years earlier, in 2007, the same agency required restaurants to remove trans fats from their menus. The…
California Probate Law – LA Clippers Sale Trial
A few days ago a California probate court ruled in the Donald Sterling/Shelly Sterling trust dispute concerning the pending sale of the Los Angeles Clippers to Steve Balmer (Former Microsoft CEO) for $2 Billion. The pending sale occurred under the threat of an NBA takeover and forced sale of the franchise due to allegations discussed at this link…