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Happy Going! We're all getting punchy heading into the weekend, as if the weekend will be a breather for any of us. David Waldman effectuates our weekending KITM, and I facilitate that with this summary, I hope. Donald K. Trump pardoned a corporation, yet has not appointed a horse to Senate, which might be more of a late term thing. Polytheism seems to be wearing thin in Trump/Musk circles, with Elon Musk's pride goething before his fall. Thou shalt bow down thyself only onto Trump in Cabinet meetings. (Graven images available at the door.) Two people guilty of not praising Donald enough are being investigated for treason, while Trump shops for his presidential Luger. Marco Rubio is punishing the country of South Sudan for not accepting the Democratic Republic of the Congo citizen he sent there by mistake. The commander of a Greenland military base was ousted when she failed to rattle her saber loudly enough for JD Vance. US tells Greenland “I see you have Injuns! We have Injuns!” Kennedy Center president Richard Grenell believes people boycotting the Kennedy Center hate Republicans, when mostly they hate Richard Grenell. What happens when the courts can't trust the Executive Branch? Well, we are about to find out, because the courts can't trust the Executive Branch. Learn more about courts of equity, such as the Court of Chancery. Kash Patel plans to work remotely in his FBI position but wasn't remotely working in his ATF job. Hey now… there's no proof that Marjorie Taylor Green participated in insider trading this week, or placed pipe bombs prior to Jan 6… It just looks like that. RFK Jr. will discover the cause of autism by this fall, but if you have cancer, you'll need to wait a little longer. It's only TLDR if you don't take the time to read it! How did the President lose and when did he lose it in the SCOTUS Alien Enemy Act case? Curtis Yarvin always wanted to destroy the United States and the global economy, yet somehow still feels empty inside.
Christina School Board members Doug Manley and Monica Moriak join Rob in the bunker to talk about our two favorite things: political dysfunction and the Court of Chancery. We get updates on Naveed Baqir and new attempts to resolve his residency, the upcoming elections and potential leadership election, and what an actual functional school board would look like.Show Notes:Previous Doug episodeMore on the Christina School Board Election
MyCarrier began a fight with project44 that they could never win. In a closely watched dispute over API services in the logistics industry, the Delaware Court of Chancery has found that MyCarrier likely did breach its contract with project44 both by "building behind" project44 as well as transitioning to an alternative provider, SMC3. Despite the likely breach, the Court determined that project44 failed to show irreparable harm, a key requirement for injunctive relief & denied project44's motion for a preliminary injunction against MyCarrier.
rWotD Episode 2823: Master of the Rolls (Ireland) Welcome to Random Wiki of the Day, your journey through Wikipedia’s vast and varied content, one random article at a time.The random article for Saturday, 25 January 2025 is Master of the Rolls (Ireland).The Master of the Rolls in Ireland was a senior judicial office in the Irish Chancery under English and British rule, and was equivalent to the Master of the Rolls in the English Chancery. Originally called the Keeper of the Rolls, he was responsible for the safekeeping of the Chancery records such as close rolls and patent rolls. The office was created by letters patent in 1333, the first holder of the office being Edmund de Grimsby. As the Irish bureaucracy expanded, the duties of the Master of the Rolls came to be performed by subordinates and the position became a sinecure which was awarded to political allies of the Dublin Castle administration. In the nineteenth century, it became a senior judicial appointment, ranking second within the Court of Chancery behind the Lord Chancellor of Ireland. The post was abolished by the Courts of Justice Act 1924, passed by the Irish Free State established in 1922.This recording reflects the Wikipedia text as of 00:13 UTC on Saturday, 25 January 2025.For the full current version of the article, see Master of the Rolls (Ireland) on Wikipedia.This podcast uses content from Wikipedia under the Creative Commons Attribution-ShareAlike License.Visit our archives at wikioftheday.com and subscribe to stay updated on new episodes.Follow us on Mastodon at @wikioftheday@masto.ai.Also check out Curmudgeon's Corner, a current events podcast.Until next time, I'm neural Amy.
Well, Joe pardoned Hunter, but I'm guessing you were not surprised. A 41-year-old Chinese national who is in the U.S. illegally was arrested this week after he allegedly shipped weapons from California to North Korea. Chancellor Kathaleen McCormick of the Delaware Court of Chancery blocked Elon Musk from receiving a massive multibillion-dollar compensation package from Tesla that the company's shareholders overwhelmingly approved for him. She did award $345 million to the attorneys fighting against Elon. A BLM activist tried using last week's show to spread his message, but I had a reply. FEMA is leaving Western North Carolina just in time to leave the still-homeless from the flooding and mudslides out in the cold, just in time for Christmas. (I guess that's how we can afford to send Ukraine another $725 million in "Military Aid.") Become a supporter of Tapp into the Truth: https://www.spreaker.com/podcast/tapp-into-the-truth--556114/support Tapp into the Truth on Rumble. Follow, watch the older shows, and join the live streams.The Fight Against Cancer vs. Money For NothingBiden Ties to Endeavors Raises Questions About $87 Million No-Bid Contract If recent events have proven anything, you need to be as prepared as possible for when things go sideways. You certainly can't count on the government for help. True liberty requires self-reliance. My Patriot SupplyDiversify and protect your hard-earned wealth. Use America's Premiere Conservative Gold Company, Harvard Gold Group. Use promo code TAPP.Support American jobs! Support the show! Get great products at great prices! Go to My Pillow and use promo code TAPP to save! Visit patriotmobile.com or Call (817) 380-9081 to take advantage of a FREE Month of service when you switch using promo code TAPP!Follow Tapp into the Truth on Locals Follow Tapp into the Truth on SubstackIf you are a content creator in need of a professional drone or you just enjoy flying a drone on the weekend, EXO Drones has you covered! EXO Drones Plus, get 15% off your order by using this link.Hero SoapPatriot DepotBlue CoolersKoa CoffeeBrainMDDiamond CBDSauce Bae2nd SkullEinstokBeanstoxBelle IsleMomento AIHoneyFund"Homegrown" Boone's BourbonIsland BrandsBlackout Coffee Co.Full Circle Brewing Co.Pasmosa Sangria
Well, Joe pardoned Hunter, but I'm guessing you were not surprised. A 41-year-old Chinese national who is in the U.S. illegally was arrested this week after he allegedly shipped weapons from California to North Korea. Chancellor Kathaleen McCormick of the Delaware Court of Chancery blocked Elon Musk from receiving a massive multibillion-dollar compensation package from Tesla that the company's shareholders overwhelmingly approved for him. She did award $345 million to the attorneys fighting against Elon. A BLM activist tried using last week's show to spread his message, but I had a reply. FEMA is leaving Western North Carolina just in time to leave the still-homeless from the flooding and mudslides out in the cold, just in time for Christmas. (I guess that's how we can afford to send Ukraine another $725 million in "Military Aid.") With BTR shutting down, follow Tapp into the Truth to Spreaker! Tapp into the Truth on Rumble The Fight Against Cancer vs. Money For Nothing Biden Ties to Endeavors Raises Questions About $87 Million No-Bid Contract True liberty requires self-reliance. My Patriot Supply Visit patriotmobile.com
IN THIS EPISODE: If someone's life depended on it, could you explain the concept of right and left to someone who had tentacles and had never heard of either? (Originally published in Galaxy Science Fiction magazine, October 1961.)SOURCES AND REFERENCES FROM THE EPISODE…“Amateur in Chancery” by George O. Smith, from Galaxy Science Fiction magazine, October 1961:https://amzn.to/3C6W8Jd= = = = =(Over time links seen above may become invalid, disappear, or have different content. I always make sure to give authors credit for the material I use whenever possible. If I somehow overlooked doing so for a story, or if a credit is incorrect, please let me know and I will rectify it in these show notes immediately. Some links included above may benefit me financially through qualifying purchases.)= = = = ="I have come into the world as a light, so that no one who believes in me should stay in darkness." — John 12:46= = = = =WeirdDarkness® is a registered trademark. Copyright ©2024, Weird Darkness.= = = = =Originally aired: November 04, 2024
The Normans introduced the system of writs to English law. Soon the Normans found that controversies arose over the interpretations of writs.??They, therefore, introduced courts of equity, also known as Chancery courts, named after the king's chancellor. Learn more about these influential decisions in today???s podcast! Center for Civic Education
Morning Light welcomes back Dcn. Scott Pearhill, Editor of the Idaho Catholic Register, here to walk us through the latest issue hot off the press! The Diocese of Boise breaks ground on the new Chancery building...Bishop Kelly High School celebrates it's 60th Anniversary...where in the world is Fr. Joe McDonald...and much, much more in this latest edition of the ICR!
Many of you have likely noticed, as we have, some of the news coming out of Delaware about certain rulings, the debate around those rulings, and the subsequent debate around actions taken by the legislature to clarify Delaware law. As we've read about these developments, we were intrigued and turned to the team at Wachtell, Lipton, Rosen & Katz (WLRK) for their thoughts on these matters. We were extremely pleased to have Ryan McLeod, Partner, and Dan Neff, Partner and Member of the Executive Committee, join us for a far-ranging and intriguing discussion on these issues. Ryan joined WLRK in 2013 and specializes in representing corporations and directors in litigation involving mergers and acquisitions, proxy contests, corporate governance disputes, and class and derivative actions involving allegations of breach and fiduciary duty. He also serves as a Lecturer in Law at Columbia and has extensive experience litigating corporate matters in the Delaware Court of Chancery and the Delaware Supreme Court. Dan has over four decades of experience advising major companies in high-profile transactions and served as WLRK's Co-Chairman for 20 years through October 2023. He specializes in mergers and acquisitions, corporate governance, and securities law and has represented clients in a broad range of industries including energy, technology and telecom, chemicals, pharmaceuticals, manufacturing/industrials, retail/consumer products, gaming, and more. In our conversation, Ryan first provides perspective on Delaware's importance to corporate law and the large percentage of companies that are incorporated there. Ryan walks us through three specific legal rulings that prompted amendments in Delaware including the Twitter stockholder litigation, the Activision merger case, and a case involving contractual governance and shareholder veto rights. We discuss the significant and unique amount of public debate surrounding these amendments, the practical impact of Delaware rulings on corporate governance, particularly in activist settlements and private equity deals, and the implications for boards and corporate lawyers. We also touch on whether these developments might lead boards to become more cautious in decision-making, the historical context of Delaware appraisal cases, and changing complexities around CEO compensation. We explore the Caremark Doctrine's increasing relevance in corporate governance, the complexity of preparing board minutes to show transparency and thoroughness without over-disclosing, and emerging corporate governance risks. Ryan and Dan also share their insights on what sets Delaware law apart from other states, how companies manage external pressures from activism, the future of corporate governance, and much more. Thank you, Ryan and Dan, for sharing your insights and expertise with us all! We learned a tremendous amount. Mike Bradley kicked us off with a few updates. He noted that the FED's 50-basis point rate cut was initially received well, but since then, most markets have traded sideways. On the bond market front, the 10-year U.S. bond yield actually increased as the rate cut was mostly expected. He noted consensus around additional rate cuts in 2024 and 2025. He also noted that the 2yr/10yr bond yield spread widened to ~20-basis points after being inverted for the past two-plus years. On crude oil, WTI price has traded sideways this week (~$71/bbl) and Mike discussed several positive developments which could temporarily be supporting crude oil prices including a Chinese stimulus program, continued historic “net short” length in Brent futures and growing Mideast conflict. OPEC published its annual World Oil Outlook this week (linked here) and again raised its global oil demand estimates (~113mmbpd for 2030 & ~120mmbpd for 2050) which is well above the view of many others. He then flagged that this week is Climate Week in N
This week's story is “Amateur in Chancery” by George O. Smith. If someone's life depended on it, could you explain the concept of right and left to someone who had tentacles and had never heard of either?If you have a story you'd like to contribute to the series, you can visit https://submissions.soundconceptmedia.com/Curator: Keith Conrad linktr.ee/keithrconradNarrator: Darren Marlar https://darrenmarlar.com/Other shows hosted by Darren:Weird Darkness: https://weirddarkness.com/Paranormality Magazine: https://weirddarkness.tiny.us/paranormalitymagMicro Terrors: Scary Stories for Kids: https://weirddarkness.tiny.us/microterrorsRetro Radio – Old Time Radio In The Dark: https://weirddarkness.tiny.us/retroradioChurch of the Undead: https://weirddarkness.tiny.us/churchoftheundead Hosted on Acast. See acast.com/privacy for more information.
We interview Leo Strine on the purpose of the corporation, differentiating between shareholder primacy and stakeholder theory. We discuss ESG and the power of stockholders and workers. Leo Strine applies his perspective on corporate purpose to corporate acquisitions and lays out his hopes for the future of corporations. Some critical articles to learn more about the shareholder primacy vs stakeholder theory debate:Origins of the argument: - Merrick Dodd, For Whom Are Corporate Managers Trustees?, 45 HARV. L. REV. 1145 (1932) - Adolph A. Berle, Jr., For Whom Corporate Managers Are Trustees: A Note, 45 HARV.. L. REV. 1365, 1372 (1932)Shareholder primacy ownership argument: - Milton Friedman, A Friedman doctrine– The Social Responsibility of Business Is to Increase Its Profits, N.Y. Times, Sept. 13 1970.Critique on shareholder primacy: - Lynn A. Stout, Bad and Not-so-Bad Arguments for Shareholder Primacy, 75 S. CAL. L. REV. 1189 (2002).Example of Application: - Lucian Bebchuk and Roberto Tallarita, The Illusory Promise of Stakeholder Governance. 106 Corn. L. Rev. 91 (2020).Example of Court Case Application: - Revlon, Inc. v. MacAndrews & Forbes Holdings, Inc., 506 A.2d 173, 177 (Del. 1986)A bit about Leo Strine:Leo E. Strine, Jr., is Of Counsel in the Corporate Department at Wachtell, Lipton, Rosen & Katz. Prior to joining the firm, he was the Chief Justice of the Delaware Supreme Court from early 2014 through late 2019. Before becoming the Chief Justice, he served on the Delaware Court of Chancery as Chancellor since June 22, 2011, and as a Vice Chancellor since November 9, 1998.In his judicial positions, Mr. Strine wrote hundreds of opinions in the areas of corporate law, contract law, trusts and estates, criminal law, administrative law, and constitutional law. Notably, he authored the lead decision in the Delaware Supreme Court case holding that Delaware's death penalty statute was unconstitutional because it did not require the key findings necessary to impose a death sentence to be made by a unanimous jury.For a generation, Mr. Strine taught various corporate law courses at the Harvard and University of Pennsylvania law schools, and now serves as the Michael L. Wachter Distinguished Fellow in Law and Policy at the University of Pennsylvania Carey Law School and a Senior Fellow of the Harvard Program on Corporate Governance. From 2006 to 2019, Mr. Strine served as the special judicial consultant to the ABA's Committee on Corporate Laws. He also was the special judicial consultant to the ABA's Committee on Mergers & Acquisitions from 2014 to 2019. He is a member of the American Law Institute.Mr. Strine speaks and writes frequently on the subjects of corporate and public law, and particularly the impact of business on society, and his articles have been published in The University of Chicago Law Review, Columbia Law Review, Cornell Law Review, Duke Law Journal, Harvard Law Review, University of Pennsylvania Law Review, and Stanford Law Review, among others. On several occasions, his articles were selected as among the Best Corporate and Securities Articles of the year, based on the choices of law professors.Before becoming a judge in 1998, Mr. Strine served as Counsel and Policy Director to Governor Thomas R. Carper, and had also worked as a corporate litigator at Skadden, Arps, Slate, Meagher & Flom from 1990 to 1992. He was law clerk to Judge Walter K. Stapleton of the U.S. Court of Appeals for the Third Circuit and Chief Judge John F. Gerry of the U.S. District Court for the District of New Jersey. Mr. Strine graduated magna cum laude from the University of Pennsylvania Law Sc
rWotD Episode 2687: Omar Touray Welcome to Random Wiki of the Day, your journey through Wikipedia’s vast and varied content, one random article at a time.The random article for Wednesday, 11 September 2024 is Omar Touray.Omar Alieu Touray (born 5 November 1965) is a Gambian diplomat who has served as president of the Economic Community of West African States Commission since 2022. He was the Gambia's Permanent Representative to the United Nations from 2007 to 2008 and was Secretary of State for Foreign Affairs from March 2008 to September 2009.Touray received his B. A. (literature and linguistics) from Ain Shams University in 1987 and graduated with a Ph. D. in international relations at the Graduate Institute of International Studies in Geneva in 1994.He was liaison officer for the World Indigenous Organization at the United Nations Office at Geneva from September 1993 to December 1994. He was then a consultant at the International Labour Office in Geneva until July 1995, at which point he briefly became Senior Assistant Secretary at the Gambian Ministry of External Affairs before becoming First Secretary of the Gambian Embassy to Belgium, and Permanent Mission to the European Union and the World Trade Organization later in 1995. In mid-1996 he was moved to the post of Counsellor and Head of Chancery at the same embassy, and he remained in that post until April 2002.From April 2002 to September 2007, Touray was the Gambian Ambassador to Ethiopia, with additional accreditation as Permanent Representative to the African Union, the United Nations Economic Commission for Africa, and the United Nations Environment Programme, as well as High Commissioner to South Africa and Kenya. He was appointed as Gambia's Permanent Representative to the United Nations in September 2007 before being appointed as Secretary of State for Foreign Affairs on 19 March 2008, replacing Crispin Grey-Johnson. Touray was sworn in as Secretary of State on 26 March 2008. After his sacking in September 2009, he was employed by the Islamic Development Bank in Saudi Arabia and the Ivory Coast.In October 2021, Omar Touray, was unanimously appointed as the new president of the ECOWAS Commission for the period 2022–2026.This recording reflects the Wikipedia text as of 00:59 UTC on Wednesday, 11 September 2024.For the full current version of the article, see Omar Touray on Wikipedia.This podcast uses content from Wikipedia under the Creative Commons Attribution-ShareAlike License.Visit our archives at wikioftheday.com and subscribe to stay updated on new episodes.Follow us on Mastodon at @wikioftheday@masto.ai.Also check out Curmudgeon's Corner, a current events podcast.Until next time, I'm neural Olivia.
This Day in Legal History: Civil Rights Act of 1957On August 29, 1957, the U.S. Congress passed the Civil Rights Act of 1957, marking the first federal civil rights legislation enacted since the Reconstruction era. This landmark act aimed to address racial discrimination and was a significant step in the ongoing struggle for civil rights in America. The law established the U.S. Commission on Civil Rights, a bipartisan body tasked with investigating voter discrimination and other civil rights violations. Additionally, it created the Civil Rights Division within the U.S. Department of Justice, empowering federal prosecutors to seek injunctions against those who violated voting rights. Although the act faced significant opposition and was weakened by compromises, it paved the way for future, more comprehensive civil rights legislation. It also symbolized the federal government's renewed commitment to addressing racial inequality, setting the stage for the civil rights movements of the 1960s. The Civil Rights Act of 1957 is often viewed as a foundational moment in the modern civil rights era, reflecting the nation's evolving attitudes toward race and justice.Lawyers who successfully challenged Elon Musk's $56 billion Tesla pay package are seeking a record $6 billion in fees, but Delaware's top court has cautioned against awarding "windfall" fees. Chancellor Kathaleen McCormick of Delaware's Court of Chancery, who is overseeing the case, must decide on the fee amount and whether a shareholder vote restored Musk's pay, which could reduce the fee. The lawyers argue that their fee request is justified by their significant victory and years of unpaid work. However, the court has signaled that extremely high fees should be carefully scrutinized to avoid excessive compensation. If the pay package is considered restored, Tesla's liability for a large fee might be reduced.'Windfall' fees now less likely for lawyers who sued to cut Musk's Tesla pay | ReutersThe U.S. Supreme Court has decided to keep President Joe Biden's student-loan relief plan on hold, maintaining the pause imposed by a federal appeals court. This decision prolongs uncertainty for around 8 million borrowers enrolled in the SAVE plan, which aimed to lower monthly payments and provide other benefits. The Department of Education expressed disappointment, highlighting the plan's potential to ease financial burdens.The Supreme Court's action follows its earlier rejection of a separate Biden debt relief plan, which it deemed unauthorized by Congress. Missouri and other Republican-led states argue that the SAVE plan is similarly flawed, as it would eliminate up to $475 billion in debt, making it even more expansive than the prior initiative. The Biden administration insists that the states lack legal standing and that Congress granted the Education Department the necessary authority to implement such plans.The 8th U.S. Circuit Court of Appeals is expected to deliver a ruling soon, but for now, new enrollments in the program are halted, and borrowers face the possibility of penalties once the current payment grace period ends next month.Supreme Court Keeps Biden Student-Loan Relief Plan on Hold (2)US Supreme Court declines to revive Biden's student debt relief plan | ReutersIn a piece for Forbes I wrote a bit about the unrealized gains tax, or wealth tax, that has engendered much consternation among people not worth $100m. By way of background, the Biden administration's FY 2025 budget proposes a 25% wealth tax on unrealized gains for individuals owning over $100 million in assets. Unrealized gains are the increase in an asset's value that hasn't been sold or converted into cash, meaning the gains exist only on paper. This proposal largely affects the ultra-wealthy, with the average taxpayer not impacted.To illustrate, consider someone who invests $250,000 in a stock, and its value increases 40 times within a year. Even with this substantial gain, the investor wouldn't face the unrealized gains tax unless their shares appreciated another ten times, reaching a value of $100 million. At that point, they would owe $24.9 million in taxes, requiring them to sell a portion of their shares. Despite the hefty tax bill, they would still retain significant wealth.Critics worry that such a tax might lead to a stock market downturn if large shareholders sell off assets to cover their tax obligations. However, selling shares to fund other projects is common, and similar concerns about market instability aren't typically raised in those cases. In sum, you almost certainly needn't worry about an unrealized gains tax if you are listening to this–and should be more concerned about what kinds of services you can expect to receive from the revenue raised from such a tax. If I may briefly editorialize: think about the earlier story, where student debt relief has been shelved–or possibly killed entirely. The only time the national discourse revolves around what a policy will cost–the cost would be borne by the ultra-wealthy and benefits would flow to low and middle-income households. Keep an eye on that, it may be important. Unrealized Gains Tax—Visualizing $100m And When To Be Concerned This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit www.minimumcomp.com/subscribe
Travis Laster, a vice chancellor of the Delaware Court of Chancery, joins the Business Scholarship Podcast to discuss his career, how judges use the work of academic experts, and how academics can contribute to the judicial process. This episode is hosted by Andrew Jennings, associate professor of law at Emory University, and was edited by Brynn Radak, a law student at Emory University.
On this week's Parousia Podcast, Charbel sits down with Fr Yuhanna Azize to discuss his book "An Introduction to the Maronite Faith". Fr Yuhanna is a Maronite Catholic priest serving at Our Lady of Lebanon Co-Cathedral, Harris Park, and is research officer at the Chancery (the bishop's office). He has authored or co-authored another eight books and many academic articles, especially on religious topics. He is an honorary associate in Studies in Religion at the University of Sydney, and an adjunct Associate Professor in Theology and Ancient History at Notre Dame University, Australia. Join the Parousia mailing list at https://www.parousiamedia.com/mailing... Parousia is committed to proclaiming the fullness of truth! If you wish to help us in our mission with a donation please visit our website here https://www.parousiamedia.com/donate/ to learn ways that you can contribute.
We welcome everyone back to the studio for another great episode as we jump into a full docket of shows and topics. We talk a bit about the ongoing saga of Dr. Disrespect, Valve being sued by the UK government, and we get a look at more on-set photos of James Gunn's upcoming Super Man movie. Let's dive into all these topics and more on today's episode! --- Send in a voice message: https://podcasters.spotify.com/pod/show/khary-robertson/message Support this podcast: https://podcasters.spotify.com/pod/show/khary-robertson/support
Dcn. Harrison Garlick welcomes Dr. Patrick Deneen, Dr. Chad Pecknold, and Dr. Richard Meloche to introduce Homer's Odyssey. Dr. Patrick Deneen is a Professor of Political Science at Notre Dame. He is the author of many books and articles including Why Liberalism Failed (2018). His teaching and writing interests focus on the history of political thought, American political thought, liberalism, conservatism, and constitutionalism. Dr. Chad Pecknold, Associate Professor of Systematic Theology at the Catholic University of America. “In political theology, Pecknold is principally concerned with close readings of Augustine's masterwork, The City of God, as a fundamental and transcendent vision that inspires, and has the power to critique and correct, the dynamics of Western civilization.”Dr. Richard Meloche, President of the Alcuin Institute for Catholic Culture, a ministry of the Roman Catholic Diocese of Tulsa and a colleague of Dcn. Garlick's at the Chancery.INTRODUCTION TO THE ODYSSEYThe group discusses the canon of the great books, why we should read Homer and his Odyssey, the role of the great books in theological formation, and key introductory themes in Homer's Odyssey. Against Great Books by Deneen: https://www.firstthings.com/article/2013/01/against-great-booksThe Odyssey of Political Theory by Deneen: https://www.amazon.com/Odyssey-Political-Theory-Politics-Departure/dp/0847696235?ccs_id=073621fb-e234-4289-9205-bc6fab3f444aCheck us out on Facebook, X (Twitter), Youtube, and Patreon.
Just months after many of the mandates in the European Union's Digital Markets Act (DMA) have gone into effect, interoperability and data portability are fresh on the policy world's mind. But what does the history of interoperability suggest about its ability to help the Internet regain its former openness?Alan Rozenshtein, Associate Professor of Law at the University of Minnesota and Senior Editor at Lawfare, spoke with Alexander Rigby, a law clerk on Delaware Court of Chancery, and Chinmayi Sharma, Associate Professor at Fordham Law School. They've just published a new white paper in Lawfare's ongoing Digital Social Contract paper series arguing that open banking is a useful case study in the promise and pitfalls of interoperability.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.
In a heated legal battle, Tesla shareholder Richard Tornetta's legal team has made a bold demand for $1.44 billion in fees after successfully challenging Elon Musk's controversial 2018 CEO Performance Award. Initially seeking over $5 billion, the legal team now proposes an adjusted hourly rate of $73,948. Tesla fiercely contests this claim, arguing for a far lower payout. As the Delaware Court of Chancery prepares to rule, this case spotlights the high stakes and intense conflicts over executive compensation and corporate governance.
Chance from Chancery Daily and local historian Dael Norwood join Rob in the virtual bunker to talk more about the upcoming changes to the Delaware General Corporation Law, which sailed through the senate despite opposition from dozens of leading law professors and scholars. We talk about the arguments that were made and what effects they did or didn't have on legislators.Show Notes:Karl Baker coverageDelaware Business Times coverageSB 313
Prospective stockholders Bill, Jordan, and Chance join Rob in the bunker to talk about the most important change to the Delaware General Corporation Law in decades: SB313, which is trying to legislatively overturn a recent Chancery Court ruling banning shady stockholder agreements. We talk about how this came about and what might happen next.Show Notes:Travis Laster's LinkedInThe Chancery Court pushes backHal Weitzman episode
Co-hosts Chris and Joia are delighted to bring on their first guest. James Petts is a barrister (the equivalent of a trial attorney) in London, England where he focuses on commercial and Chancery (property) cases, especially those involving fraud or dishonesty. To him, liberalism is fundamentally the rigorous reasoned inquiry in all aspects of life, particularly in ethics – this includes the understanding that concentrated coercive power is inherently dangerous. Podcast Notes:https://institute-for-liberal-values.circle.so/c/liberal-values-concepts/
(0:00) Intro(1:02) About the podcast sponsor: The American College of Governance Counsel.(1:49) Start of interview. (2:37) Katherine Henderson's "origin story."(5:05) Amy Simmerman's "origin story."(8:02) The origin and focus of their Delaware Corporate Law and Litigation Year in Review.(9:14) Caseload of Delaware Court of Chancery judges.(12:51) Cases involving director oversight duties ("Caremark duties"). Reference to the Blue Bell case (2019). "Mission critical risk areas." Reference to Section 220 Books and Records Demands.(19:56) Duty of Oversight Applies to Officers (McDonald's case). Dismissal of case against directors (McDonald's II).(23:13) Controlling Stockholders and conflicts of interest. (DE reconsiders scope of the MFW Doctrine in Match.com case)(24:57) Distinctions between public and private company litigation. Reference to the NEA vs Rich case.(30:36) On Delaware vs other states. Reference to the TripAdvisor case (Delaware company seeking to reincorporate in NV).(36:55) Innovations in AI Governance. The example of Anthropic AI (use of PBCs and LTBT).(43:24) On shareholder activism and validity of stockholder agreement-based restrictions over corporate governance matters (Moelis case).(45:13) Securities claims on misleading risk disclosures.(46:55) What are the 1-3 books that have greatly influenced your life: Amy:Obedience to Authority by Stanley Milgram (1974)Steppenwolf by Herman Hesse (1927)Katherine:The Feminine Mystique by Betty Friedan (1963)(48:02) Who were their mentors, and what they learned from them.(49:00) Quotes they think of often or live their life by.(49:52) An unusual habit or an absurd thing that they love.(50:35) The living person they most admire.__Katherine Henderson and Amy Simmerman are partners at the law firm Wilson Sonsini Goorich & Rosati. You can follow Evan on social media at:Twitter: @evanepsteinLinkedIn: https://www.linkedin.com/in/epsteinevan/ Substack: https://evanepstein.substack.com/__You can join as a Patron of the Boardroom Governance Podcast at:Patreon: patreon.com/BoardroomGovernancePod__Music/Soundtrack (found via Free Music Archive): Seeing The Future by Dexter Britain is licensed under a Attribution-Noncommercial-Share Alike 3.0 United States License
(0:00) Intro.(2:27) About the podcast sponsor: The American College of Governance Counsel.(3:13) Start of interview. [Interviewer: UC Law SF Professor Abe Cable. Reference to his article "Does Trados Matter?" (2019)].(4:17) Summary of the Trados case by Vice-Chancellor Laster. (9:44) Concept of "residual value maximization." Distinguishing between standard of conduct and standard of review.(16:17) Explaining standards of review: 1) Business judgment rule, 2) Enhanced scrutiny and 3) Entire fairness standard. The impact of conflicted transactions.(23:55) Distinguishing governance standards from public companies and Silicon Valley-style private startups. (28:10) Social factors or dynamics that make Silicon Valley VC-backed startups a relatively lower risk environment for litigation.(31:07) Why directors should always try to maximize the value of the corporation for the residual. Emotional commitment and engagement in many cases.(33:31) "What made Trados a difficult case and a litigable case was that this really was a sideways situation where the value was in the vicinity of an area where the common could take."(36:36) How to think about maximizing the residual value. *reference to Credit Lyonnais opinion by Chancellor Allen (1991).(39:04) Other trends or cases that present some litigation risk for startup corporate directors. "I don't know if there's anything super new. What we tend to see is sort of old problems recurring because these are really problems of human nature. And so things are cyclical."Redemption Rights. Example of cases: Thoughtworks (2010), ODN Holdings (2017)280G [and 409A] Valuations. "I would really like to see people treating [those valuations] as a more substantive exercise than merely as an exercise in marketing to your employees (for employees' morale)."(45:54) The importance of outside or independent directors. "I really think that somebody has to be in the room asking the proverbial dumb question, which usually isn't a dumb question. Usually it's the question that needs to be asked."The Honorable J. Travis Laster was sworn in as Vice Chancellor of the Court of Chancery on October 9, 2009. Professor Abe Cable joined the UC Law SF faculty in 2011. He is the Faculty Director of the UC Center for Business Law San Francisco. You can follow Evan on social media at:Twitter: @evanepsteinLinkedIn: https://www.linkedin.com/in/epsteinevan/ Substack: https://evanepstein.substack.com/__You can join as a Patron of the Boardroom Governance Podcast at:Patreon: patreon.com/BoardroomGovernancePod__Music/Soundtrack (found via Free Music Archive): Seeing The Future by Dexter Britain is licensed under a Attribution-Noncommercial-Share Alike 3.0 United States License
This Day in Legal History: Watergate Figures SentencedToday in legal history, February 21 marks a significant moment in the annals of American jurisprudence and the power of the presidency. On this day in 1975, three key figures from President Richard Nixon's administration were handed prison sentences for their roles in the Watergate scandal, an event that would forever alter the landscape of political accountability and legal oversight in the United States. Former US Attorney General John Mitchell, Nixon's Chief of Staff H.R. Haldeman, and domestic adviser John Ehrlichman were convicted of obstructing justice, each receiving sentences ranging from 2 1/2 to 8 years. This landmark decision underscored the principle that no one, regardless of their position in government, is above the law. The sentencing followed a scandal that began with the break-in at the Democratic National Committee headquarters at the Watergate office complex and spiraled into a cover-up that led to President Nixon's resignation—the only resignation of a U.S. President to date. The trial and subsequent convictions of Mitchell, Haldeman, and Ehrlichman were pivotal in bringing to light the extent of the Nixon administration's attempts to undermine the democratic process. The fallout from the Watergate affair led to sweeping reforms designed to increase transparency and reduce the potential for abuse of power within the federal government. This included the enactment of the Ethics in Government Act, the establishment of the Office of Government Ethics, and significant amendments to the Freedom of Information Act. The events of February 21, 1975, serve as a stark reminder of the fragility of democratic institutions and the perpetual need for vigilance, oversight, and accountability in preserving the integrity of governance.The Biden administration is actively soliciting feedback on the potential risks and benefits associated with "open-weight" artificial intelligence (AI) models, which are crucial for AI systems and have significant implications for national security. These open-weight models, by making AI more customizable and accessible, can foster innovation among a wider range of users, including small businesses and researchers, but also pose risks by potentially circumventing built-in safeguards. This initiative, part of a broader effort outlined in the administration's 2023 executive order on AI, aims to gather insights on the implications of public access to model weights, national security concerns, and the appropriate level of government involvement in regulating these technologies. Alan Davidson of the Commerce Department emphasized the dual nature of open-weight AI models: while they promise to democratize innovation and foster competition, they also introduce substantial safety and security challenges. The administration is also seeking to coordinate with international partners to develop guidelines for managing the dissemination and regulation of these models globally. Feedback is invited over a 30-day comment period.By way of very brief background, an open-weight AI model refers to an artificial intelligence system whose internal parameters, or "weights," are openly accessible and modifiable by users or developers. Unlike proprietary models, where the weights are closely guarded secrets, open-weight models are transparent, allowing for greater scrutiny, understanding, and customization. This openness fosters collaboration and innovation, as researchers and practitioners can build upon existing work, adapt the models to new tasks, or improve their performance and fairness. By sharing the detailed workings of these models, the AI community aims to accelerate progress, ensure broader access to cutting-edge technology, and facilitate the ethical use of AI by making it more interpretable and accountable.Of course with openness comes the potential for any safeguards or guardrails to be circumvented, thus the comment period seeking guidance on the extent to which regulatory action is necessary. White House Seeks Comments on the Risks of Open-Weight AI ModelsElon Musk has received guidance for relocating Tesla Inc.'s incorporation from Delaware to Texas, following a Delaware Court of Chancery decision that TripAdvisor Inc. can move its incorporation to Nevada. This guidance comes from Vice Chancellor J. Travis Laster, who outlined the procedures required for such a move, drawing significant attention to the potential for corporate relocations to states with laws more favorable to officers and directors. The TripAdvisor case, challenged by investors for allegedly favoring directors at shareholders' expense, has highlighted the broader implications of corporate moves on shareholder rights and litigation risks.Delaware's status as a prime venue for corporate litigation, home to nearly 70% of Fortune 500 companies, is under scrutiny as corporations like Tesla consider relocation to states offering greater litigation protections. The recent court ruling against Musk's $56 billion Tesla pay package has fueled his criticism of Delaware courts and his consideration of Texas for Tesla's incorporation, aligning with his moves for SpaceX and Neuralink.Vice Chancellor Laster allowed the investor litigation against TripAdvisor's planned move to proceed, noting that Nevada's shareholder litigation protections are perceived to be weaker than Delaware's. This decision has sparked debate among legal experts about the comparative shareholder protections across states and the potential self-interest involved in such corporate relocations.The ruling sets a precedent that companies looking to relocate must ensure the process involves a disinterested special committee and shareholder vote, addressing concerns over conflicts of interest and self-dealing. However, Musk's ambition to relocate Tesla faces challenges, including his influence over board decisions and potential pressures on board members, illustrating the complexities of corporate governance and the balance between innovation and shareholder rights.This situation underscores the evolving landscape of corporate law, the strategic considerations of incorporation locations, and the ongoing debate over the best interests of shareholders versus the autonomy of corporate directors and officers.Musk Gets Guidelines for Moving Tesla With TripAdvisor OpinionThe Texas Attorney General, Ken Paxton, has initiated a lawsuit against Annunciation House, a Catholic nonprofit organization aiding migrants, on allegations of "alien harboring, human smuggling, and operating a stash house." This legal action aims to revoke the organization's operating license in Texas, accusing it of contributing to border chaos and illegal immigration with the support of federal funds from the Biden Administration. Paxton's lawsuit, filed in El Paso County District Court, asserts that Annunciation House knowingly sheltered around 300 migrants at a time to evade U.S. Customs and Border Protection, involving transportation and placement in secretive locations.Annunciation House has countered, arguing that Paxton's lawsuit stemmed from a denied immediate access to its records, deeming the legal challenge as a baseless attempt to shut down the nonprofit under pretexts that it decries as illegal, immoral, and anti-faith. In response, Dylan Corbett, executive director of the Hope Border Institute, expressed solidarity with Annunciation House, condemning the Texas Attorney General's actions as efforts to intimidate and criminalize humanitarian aid, conflicting with Christian teachings on neighborly love.The lawsuit highlights ongoing tensions between state and federal approaches to immigration, with Texas taking aggressive steps, such as constructing a military base camp near the Eagle Pass on the U.S.-Mexico border, to curb illegal crossings. This case reflects broader debates over immigration policy, humanitarian aid, and the roles of NGOs at the border, underscored by contrasting perspectives on how to address the complexities of migration and border security.Texas sues immigration nonprofit, claiming it engaged in smuggling | Reuters Get full access to Minimum Competence - Daily Legal News Podcast at www.minimumcomp.com/subscribe
This Day in Legal History: Congress Permits Voting Machines in Federal ElectionsOn this day in legal history, February 14, 1899, Congress marked a significant technological leap in the electoral process by approving the use of voting machines for federal elections. This decision opened a new chapter in how votes were cast and counted, moving away from the traditional paper ballots towards a more efficient and potentially more reliable mechanical method. The introduction of voting machines was seen as a revolutionary step forward, aimed at reducing fraud and errors that marred earlier elections. Like swapping a horse-drawn carriage for an automobile, this shift promised to propel the American electoral system into a new era of speed and precision, ensuring that the will of the people was registered and reported with unprecedented accuracy. This legislation not only reflected the innovative spirit of the age but also underscored a commitment to refining and advancing democratic processes.In a Bloomberg Law exclusive, Fenwick & West is laying off nearly 10% of its attorneys and staff amid challenges in the tech-focused legal market. The decision, communicated by firm chair Richard Dickson, comes after an evaluation of both current and anticipated future demands, affecting just under 10% of the firm's professionals. Fenwick & West, a key player in Silicon Valley legal circles with clients like Apple, Oracle, and Meta Platforms, is responding to a downturn in transactional markets that has similarly impacted other tech-centric law firms such as Cooley and Goodwin Procter. The firm had ramped up hiring from 2020 to early 2022 to meet a surge in demand, but the subsequent slowdown in transactional activity has led to misalignment between the firm's talent levels and client needs. Despite the layoffs, legal recruiter Summer Eberhard remains cautiously optimistic about the future of corporate transactional practices. Affected employees will receive a minimum of 13 weeks of base pay and health benefits, with the longest-tenured staff eligible for up to 40 weeks of compensation. Fenwick & West Laying Off Nearly 10% of Attorneys, Staff (2)A recent judicial decision has created significant ripples within the litigation financing sector, particularly impacting Burford Capital Ltd and its involvement in price-fixing lawsuits alongside plaintiff Sysco Corp. Magistrate Judge John F. Docherty ruled against the substitution of a Burford Capital affiliate as the plaintiff in pork and beef price-fixing cases, a move that challenged the firm's $140 million funding arrangement with Sysco. This decision underscores the tension between the objectives of litigation funders and the public policy against financial speculation on legal claims. The case has drawn attention to the broader litigation financing industry, valued at $13.5 billion, especially in the realm of antitrust claims, where the costs of litigation are notoriously high and outcomes uncertain.The clash between Sysco and Burford has ignited debate over the influence of third-party funders in litigation and prompted calls for increased transparency within the industry. Critics, including the US Chamber of Commerce, argue that such funding arrangements can unduly influence the course and outcomes of legal proceedings, pushing for legislation that would require disclosure of financing agreements in legal cases. Meanwhile, proponents of litigation finance see the judge's decision as a specific instance rather than a systemic problem within the industry, emphasizing its role in enabling costly antitrust litigation to proceed.The ruling, pending review, has not only put a spotlight on the practices and impacts of litigation finance but also sparked discussions on potential regulatory responses. As the industry navigates this challenging landscape, the case between Sysco and Burford may serve as a catalyst for reevaluating the balance between the needs of litigants for financial support and the integrity of the judicial process.Judge's Order Deals Blow to Sysco, Burford Capital in Pork SuitsAlphabet and Microsoft have diverged from the Nasdaq's recommended format for reporting board diversity, opting instead for a more visual representation using dots and check marks, while Tesla and Amazon have adhered more closely to the suggested templates. Since Nasdaq's rules requiring annual diversity disclosure took effect in 2022, companies listed on the exchange have adopted varied approaches to reporting, complicating direct comparisons between them. The regulations also mandate Nasdaq-listed companies to maintain diverse boards or explain the absence of diversity, a requirement that has withstood legal challenges from conservative groups. Despite the differences in reporting styles, experts like Amy Augustine of Boston Trust Walden Co. view the overall trend towards disclosure as progress, providing investors with crucial information previously unavailable. The use of symbols for disclosure, as seen in Alphabet and Microsoft's reports, is defended by some as offering more detail than Nasdaq's templates, though it presents challenges for analysis, particularly by computers. The Securities and Exchange Commission (SEC)'s move towards machine-readable data in proxy statements, such as requiring XBRL for pay-versus-performance data, contrasts with the less standardized board diversity information, which is not required to be XBRL-compliant. This discrepancy highlights the ongoing challenge of making diverse corporate disclosures more accessible for automated analysis. By way of very brief background XBRL, or eXtensible Business Reporting Language, is a global standard for digitally sharing financial and business information. Think of it as a translator, turning human-readable reports like financial statements into machine-readable data. This data is tagged with specific meanings, allowing computers to easily understand and analyze it. XBRL benefits everyone: companies save time and effort, investors gain deeper insights, and regulators get better data for analysis. It's revolutionizing the way business information is shared and used.As the SEC contemplates broader board diversity disclosure requirements for all public companies, the landscape of corporate reporting on board composition is poised for further evolution. This movement reflects a growing recognition of the importance of diversity in corporate governance and the need for transparency to support investors' decision-making processes.Alphabet, Microsoft Pivot From Nasdaq Diversity Reporting FormatElon Musk has vocalized concerns that Delaware, a jurisdiction chosen by a majority of large public companies for incorporation due to its predictable legal system, is attempting to thwart companies from relocating, particularly in light of a court decision that invalidated his $56 billion Tesla compensation package. Musk's reaction, notably on social media, suggests an urge for companies to consider moving their incorporations out of Delaware, citing the state's alleged efforts to "lock the doors," as exemplified by the Tripadvisor case.The TripAdvisor case revolves around the company's desire to relocate its incorporation from Delaware to Nevada, a move that reflects broader corporate discontent with Delaware's legal environment, despite its reputation for business-friendliness. TripAdvisor's move, endorsed primarily by chairman Greg Maffei despite opposition from a majority of minority shareholders, aims to benefit from Nevada's more lenient laws on self-dealing, where directors face fewer legal challenges. This case not only underscores the tension between corporate interests and shareholder protections but also signals a potential shift in the landscape of corporate registrations, with states like Nevada and Texas vying to attract businesses away from Delaware. The outcome of TripAdvisor's attempt to move could set a precedent affecting Tesla's and other companies' relocation plans, amidst ongoing debates about the balance between corporate governance and shareholder rights.Delaware's legal framework, historically favored for its specialized Chancery Court and non-jury trials, has been perceived as facilitating rather than obstructing corporate moves to other states. Recent legislative adjustments in 2022 have simplified the process for companies wishing to reincorporate elsewhere, allowing such moves with majority shareholder approval, a shift from the previous requirement for unanimous consent. This modification ostensibly makes Delaware more accommodating for companies contemplating relocation.However, the Delaware Court of Chancery's ongoing examination of reincorporation efforts, especially those potentially advantageous to controlling shareholders, introduces a layer of complexity. The Tripadvisor litigation highlights this scrutiny, with allegations that a planned move to Nevada could enable easier self-dealing by significant stakeholders, suggesting Delaware's courts may critically evaluate such transitions to ensure they do not undermine minority shareholder interests.The situation with Tesla underscores a broader dialogue on corporate governance, shareholder rights, and the legal mechanisms in place to safeguard these interests. While Musk's significant influence at Tesla has been acknowledged by Delaware courts, the specific dynamics of Tesla's proposed shift to Texas—where legal protections differ from Nevada—might not directly align with the concerns raised in the Tripadvisor case.The impending ruling in the Tripadvisor case is anticipated with interest, as it will offer further clarity on Delaware's stance towards companies seeking to relocate, especially those with intricate shareholder structures. This decision will be pivotal, potentially setting precedents on the degree of judicial oversight Delaware will exercise over such moves, and elucidating the balance between corporate autonomy and the protection of shareholder interests.In summary, while Delaware has been characterized by Musk as obstructive, the state's legal amendments and judicial attitudes suggest a more nuanced approach, aiming to balance the flexibility for companies to reincorporate with the need to protect minority shareholders. The outcomes of ongoing legal deliberations, including the TripAdvisor and Tesla situations, will likely contribute significant insights into the evolving landscape of corporate governance and relocation.Explainer: Did Delaware 'lock the doors' to stop companies from leaving, as Musk claims? | Reuters Get full access to Minimum Competence - Daily Legal News Podcast at www.minimumcomp.com/subscribe
This Day in Legal History: First Meeting of the Supreme CourtOn this day in legal history, a landmark event occurred on February 1, 1790, marking a significant moment in the American judicial system. On this date, the Supreme Court of the United States convened for its inaugural session, a pivotal step in establishing the country's legal framework. This historic meeting took place in the Merchants' Exchange Building in New York City, which was then serving as the national capital. The first assembly of the Supreme Court was an event of monumental importance, symbolizing the operational commencement of the U.S. judiciary under the new Constitution.The Supreme Court's first session was presided over by Chief Justice John Jay, a key figure in the early development of the United States' legal system. Alongside him were five Associate Justices: James Wilson, John Blair, James Iredell, William Cushing, and John Rutledge. These men were the pioneers in the highest court of the land, tasked with laying the foundation for the judicial interpretation of the Constitution. Despite the significance of this event, the initial meeting faced a delay. Due to the transportation challenges of the 18th century, Chief Justice Jay postponed the meeting until the next day, highlighting the logistical difficulties of that era.The primary objective of this first gathering was not to adjudicate cases but to focus on organizing the Supreme Court itself. This organizational session was crucial for setting up the procedures and principles that would guide the Court in its future deliberations. It was not until 1792 that the Supreme Court heard its first actual case, Chrisholm v. Georgia. This case, heard two years later, would mark the beginning of the Court's long history of legal adjudication and interpretation, a legacy that continues to shape American law and society–for better or worse. The establishment of the Supreme Court in 1790 thus stands as a cornerstone in the construction of the United States' legal system, a testament to the foresight and vision of the nation's founders–for better or worse. A Pennsylvania lawyer, Zachary Greenberg, has escalated a challenge against an anti-harassment and anti-discrimination rule for attorneys to the U.S. Supreme Court. Greenberg, associated with the Foundation for Individual Rights and Expression, disputes the 3rd Circuit U.S. Court of Appeals' August ruling which denied his standing to challenge the rule. The 3rd Circuit found the rule, which prohibits intentional harassment or discrimination, inapplicable to Greenberg's professional activities. However, Greenberg argues that the 3rd Circuit erred in its standing decision due to subsequent revisions to the rule and assurances from a Pennsylvania bar official that he would not be disciplined under it.Greenberg's petition to the Supreme Court claims that changes in policy do not alter the standing issue, even if his complaint adapts to new policies. The rule in question, modeled after an American Bar Association standard, forbids lawyers from knowingly engaging in discriminatory or harassing conduct. Greenberg fears that his presentations on offensive language could be construed as violations of this rule. However, the 3rd Circuit panel opined that the rule does not likely prohibit Greenberg's planned activities.Initially adopted in 2020, the rule was later amended following Greenberg's initial lawsuit. A U.S. District Judge declared the revised rule unconstitutional in March 2022, but the 3rd Circuit reinstated it later. The rule has garnered support from the American Bar Association and other bar groups, while facing opposition from conservative, religious, and civil rights organizations over concerns of potential misuse. The case, Greenberg v. Lehocky, continues to evoke debate on the balance between professional conduct standards and free speech rights within the legal community.Challenge to attorney bias rule heads to US Supreme Court | ReutersElon Musk is advancing plans to relocate Tesla's legal domicile to Texas, following a court defeat in Delaware concerning his compensation at Tesla Inc. Musk, who has already moved Tesla's headquarters and his personal and charitable interests to Texas, is now proposing a shareholder vote to change Tesla's incorporation from Delaware to Texas. This move comes after a Delaware judge invalidated his $55 billion pay package, prompting Musk to seek his followers' opinion on the relocation, which garnered overwhelming support for Texas.Texas has been actively attracting businesses with its low taxes and regulatory environment. The state is also developing its own business-court system, presenting a challenge to Delaware's dominance in U.S. incorporations. However, moving Tesla's legal base to Texas poses risks due to the unpredictability and lengthy resolution times of business disputes in Texas courts, in contrast to Delaware's established corporate-governance laws and experienced Chancery court judges.To address these concerns, Texas is setting up dedicated business courts in major cities, although there are challenges in recruiting experienced judges due to lower salaries compared to Delaware. Musk's interest in Texas also extends to his other ventures, such as SpaceX and a new school planned in Austin. His growing ties to Texas are evident, although his political contributions in the state have been relatively modest. Despite preferring to avoid politics, Musk has shown a warmer relationship with Texas Governor Greg Abbott on social media, aligning with the state's business and social policies.Musk Moves Ahead With Plan to Shift Tesla Domicile to TexasA lawsuit filed by Donald Trump against Orbis Business Intelligence, a British private investigations firm, was dismissed by London's High Court. The suit was related to the Steele dossier, which made allegations about connections between Trump's campaign and Russia. Former U.S. President Trump, currently a frontrunner for the 2024 Republican presidential nomination, initiated the data protection lawsuit over claims in the dossier authored by Orbis co-founder and ex-British intelligence officer Christopher Steele. Judge Karen Steyn ruled that Trump's case lacked compelling reasons to proceed. In a witness statement, Trump had asserted that he filed the lawsuit to disprove allegations in the dossier, particularly those regarding supposed "perverted sexual acts" in Russia. These claims, published on BuzzFeed in 2017, were largely unsubstantiated, and Trump's legal team described the report as "egregiously inaccurate," containing false or fabricated allegations.Judge Steyn, in her ruling, did not make any determination regarding the accuracy of these allegations. Orbis contended that Trump's lawsuit was merely an attempt to settle "longstanding grievances" against the company and Steele. Judge Steyn found that Trump had no reasonable grounds for seeking compensation or damages. This London lawsuit is one of many legal challenges involving Trump, who is also facing four separate criminal prosecutions in the United States.Donald Trump's lawsuit over 'Steele dossier' thrown out by UK court | ReutersActor Alec Baldwin has pleaded not guilty to charges of involuntary manslaughter in connection with the 2021 shooting death of cinematographer Halyna Hutchins on the set of the Western movie "Rust" in New Mexico. Baldwin entered his plea and waived his right to an arraignment, following a grand jury indictment on January 19. This indictment revived the criminal case which had been previously dismissed.Baldwin, known for his role in "30 Rock," remains free without bond. The case has garnered significant attention, raising questions about firearms safety in film and TV production. Baldwin has consistently denied responsibility for Hutchins' death, maintaining that he was told the gun was "cold" and that it discharged without him pulling the trigger. The original charges were questioned over the possibility of the gun being modified to fire on its own.However, prosecutors pursued the indictment after an independent forensic test concluded the gun could not fire without the trigger being pulled. The shooting not only resulted in Hutchins' death but also wounded director Joel Souza. Evidence presented by the special prosecutor suggests that the live round was introduced to the set by the movie's weapons handler, Hannah Gutierrez. Gutierrez faces a separate trial for involuntary manslaughter charges on February 21. David Halls, the film's assistant director who handed Baldwin the gun, has entered a plea deal. The core issue remains how a live round, which is strictly prohibited on film sets, ended up in Baldwin's gun. Prosecutors have evidence of live rounds on set days before the incident. Gutierrez's attorney disputes the prosecutors' claims, suggesting that the evidence will be clarified during the trial.Alec Baldwin pleads not guilty to involuntary manslaughter charge | Reuters Get full access to Minimum Competence - Daily Legal News Podcast at www.minimumcomp.com/subscribe
This program will cover recent opinions of the Delaware courts on important aspects of M&A agreements, including remedies for damages based on “lost premiums” available to sellers and the parties capable of brining those claims and equitable limits on specific performance, as well as equitable and process considerations, including the standard of review applicable in controller buyouts as well as claims for aiding and abetting breach of fiduciary duty on the part of buyers. The program will address, among others, the Court of Chancery's opinion in Crispo v. Musk finally resolving Delaware's take on so-called “Con Ed provisions” as well as the opinions in Smart Local Unions and Councils Pension Fund v. BridgeBio Pharma, Inc., In re Columbia Pipeline Group, and 26 Capital Acquisition Corp. v. Tiger Resort Asia Ltd. Materials summarizing these and other opinions will be available. Questions? Inquiries about program materials? Contact Trenon Browne at tbrowne@bostonbar.org
NOTE: Though I mentioned timestamping, I've decided to forego that for now to allow me to go ahead and get this episode out without additional delay. I may well add it in retroactively at some point but for now you'll just have to survive with the free full transcript, below. https://columbuscatholic.org/chancery https://www.catholicnewsagency.com/news/253959/cardinal-hollerich-there-s-space-to-expand-church-teaching-on-all-male-priesthood Hello everyone, welcome back to Popeular History, a library of Catholic knowledge and insights and I'm going to be skipping the brought to you daily part because I've switched, at least for the time being, back to a model that basically can best be described as brought to you as I am able: something every month, probably. Which, I admit, doesn't roll off the tongue quite so well, but it's the right move. Anyways, it's good to be back talking with you again, I've been using the time away wisely, taking care of family and household stuff that needed my attention. Thank you for understanding. This is going to be something of a glossary of various roles within the Catholic Church that are gonna keep popping up, so consider this your cheat sheets to consult as needed. Oh and good news, I learned how to timestamp show notes, at least on some catchers, so see if it works for you. Let me know if it doesn't. See the show notes. Without further ado, let's get into these church roles, starting with church roles you may recognize from the Bible but which are no longer a thing unless you're like a Mormon or something. First, APOSTLE. The most familiar use of this term is referring to one of the 12 Apostles, Jesus' closest followers: Peter, Andrew, James, John, Philip, Bartholomew, Thomas, Matthew, the other James, Judas (not *that* Judas), Simon, and Judas (yes *that* Judas). At least, that's the listing of the 12 as given in the book of Acts, my favorite reference point as this podcast talks about Church history and Church history actually happens in Acts, unlike the Gospels where it's pre-Pentecost so it's not really Church history yet, per se. And really, *that* Judas, Judas Iscariot, is replaced by Matthias for most purposes when you're talking about the apostles because since Judas betrayed Jesus he's a bit of an embarrassment to the group, which, fair enough. In the end, Apostle is the only one of these titles where I'm going to name the main holders individually in this episode, though of course through future episodes of the podcast I'll name all the Popes and Cardinals I have documentation of any kind for and we should also recognize that the term Apostle is used outside the Twelve as well at various points, including most prominently Saint Paul and even the almost certainly female Junia in his Letter to the Romans. The broader term for one of the earlier followers of Jesus is a DISCIPLE, and while this one does have some use in contemporary Catholicism, for example my parish has a slogan of "making disciples and disciple makers", the title of disciple as a specific identifier is something you're going to encounter in the Bible rather than in the day-to-day, where it's more of a general goal as a follower of Jesus. Meanwhile, an EVANGELIST is one who wrote one of the Gospels. Earlier I committed to the Apostles being the only one of these titles where I'd name all 12 of the main holders and I'm going to stick to that, but yeah, it's that simple. Note that this is actually more restrictive than being one of the writers of Scripture in general, for instance even though he wrote a good chunk of the New Testament, Saint Paul doesn't get described as an Evangelist. That isn't to say there isn't a bit of a tradition of using even this term someone analogously for anyone who spreads the message of Jesus' life, death, and resurrection, for example the decidedly non-Catholic phenomenon of Televangelists get their name as a play on this word. Our last Bible-times Church role is that of PROPHET. Simply put, a prophet is someone inspired by the Holy Spirit to deliver a message, John the Baptist being the most famous New Testament example though especially if you look closely at the Book of Acts you can find other examples. There have been a number of folks who have made claims to be prophets in some form or another, generally the Church has frowned on such pronouncements. Officially, all new *public* revelation closed with the death of John the last Apostle around the year 100. However, the door to being a legitimate prophet is not completely closed, since *private* revelation is still possible, for example the various Marian apparitions like Lourdes and Fatima. What makes revelation considered "private" is not so much its actual privacy as its non-binding nature. All Catholics are obliged to accept public revelation, namely the Bible; no one is obliged to accept any private revelation like latter-day Prophets, though such individuals can gain the basic endorsement of the Church, which is what made Fatima, for example, so influential. That bit of a gray area bringing a Biblical role to the present is a good transition to the category of Church roles we'll talk about next, namely the basic roles in and structure of the Catholic Church today. As a periodic reminder, the default perspective and focus of this show is Catholic Christianity. I say that because there are plenty of Christian groups that follow models different than what I'll be describing here, though in broad terms what we'll be talking about is the dominant structure of Christianity and has been for centuries if not millennia. The fundamental concept to understand for this part–and really, to understand much of Catholicism–is APOSTOLIC SUCCESSION. Apostolic succession is the notion that the Apostles were the first BISHOPS and picked folks to succeed them in their ministry as bishops. I'm not here to convince you that that's what happened, but since this show runs with Pope-colored glasses, it's what we're rolling with. In this framework, not just anyone can have authority in the Church, only those who have this apostolic succession. You can still get wrinkles, like MYSTICS that influence the bishops, but ultimately, whether a mystic has lasting influence is going to depend on whether any bishops- that is anyone who has apostolic succession- listens to her. And I say her because such mystics are typically female. And actually, I wasn't planning on covering mystics in this overview, but I guess I really should give them their own timestamp in the summary here since I've gone off on a tangent. I talked about them earlier in the context of modern day prophets. Basically, a mystic is someone who has some sort of special connection to revelation, whether God or the Blessed Virgin Mary or whoever. But anyways, back to bishops, because while stuff like mystics are fun, the majority of church admin is done in much more mundane fashion by the regular clergy like the Bishops. Catholic Bishops are always male, because in Catholicism ordination is what makes someone a bishop, and Catholic teaching holds that women cannot be ordained. Another particularity of ordination is that someone who is ordained can't get married, though put a pin in that because it's going to get more complicated when we talk about priests and especially deacons. Only bishops can carry out ordinations, and it involves physical touch so they cannot be done remotely. To minimize concerns about who has apostolic succession and who does not, for many years the standard has been that at least three bishops should participate in the ordination of a bishop, though this is not strictly speaking a requirement. With all of this apostolic succession and ordination business, the Catholic world is divided in two: the CLERGY, that is, those who are ordained, and the LAITY, that is, those who are not ordained. There's also sort of a third category but shush I'm keeping it simple and don't worry we'll get into that before we're done today. LAY, the shortened form of Laity, can also be used as an adjective in Church terminology, for instance in the phrase LAY EUCHARISTIC MINISTERS, or LAY CARDINALS, in both cases emphasizing that the individual being described is not as ordained as one might expect. Meanwhile, CLERG is not a word, pleaae don't try to make it a thing. Anyways, once ordained, bishops are typically assigned a specific geographic area called a DIOCESE. Their main base of operations will tend to be in what's called a CATHEDRAL that's generally in the most prominent city in that diocese, and the Diocese is generally named after the city, for instance my home diocese of Columbus is named after the city of Columbus in Ohio. In some ways bishops are equals, for instance all bishops can ordain successors. But in other ways they aren't, for instance Catholicism is somewhat famously centered around the Bishop of Rome, aka the POPE, who is prominent because the Diocese of Rome was where Saint Peter, the foremost disciple, settled down, never mind that by all accounts he also ran the Church in Antioch for a while. Collectively, all the Catholic Bishops in the world are called the COLLEGE OF BISHOPS, and according to the very handy and highly recommended Gcatholic.org there are well over 5000 such Catholic bishops alive today. Of course, there are also a good number of bishops who aren't Catholic, meaning they aren't in communion with the Pope, especially the Eastern Orthodox. And forgive me if I explain being in communion as like the Church version of being facebook friends. It's obviously more solemn than that, but basically yes, it's a mutual public acknowledgement that you're on good terms with someone else. Bishops who aren't in communion with Rome are still bishops- meaning they still have apostolic succession and can still create their own successors, which has lead to a fair amount of drama, historically. When I mentioned not all bishops are created equally, I wasn't just talking about the Pope. There are several different kinds of bishops to consider, so let's hit the highlights. In addition to a regular bishop who heads a diocese, there's a higher level bishop called an ARCHBISHOP who runs what's called an ARCHDIOCESE or you might see the term PROVINCE. Technically I believe a province is the combination of an Archdiocese and any regular diocese that are under its jurisdiction, which are called SUFFRAGAN diocese in that context while the Archdiocese is called the METROPOLITAN, which is also a shorthand way of referring to the archbishop in that arrangement, or you might more fully call him the METROPOLITAN ARCHBISHOP. To return to my home diocese as an example, the Metropolitan for the Diocese of Columbus is the Archbishop of Cincinnati. Not every Archbishop is a Metropolitan Archbishop, because not every Archdiocese has a suffragan diocese. You can also find cases where a person is personally made an Archbishop but is not put in charge of an Archdiocese, those cases are called "PRO HAC VICE", which is basically Latin for "for this occasion”, meaning while the person is being made an archbishop their diocese is not being made an archdiocese. There are weirder scenarios that can pop up as well, but I'm trying to focus on the highlights to keep this manageable and will point out the more unusual stuff when and if it pops up. In terms of territory, the next step above a province would typically be a REGION, which is generally just an administrative subdivision of a national bishops' Conference. Columbus is in a region with all the dioceses–it's hard to pluralize that–in Ohio and Michigan, called Region VI. This particular layer of admin is completely unremarkable and has no special titles or roles associated with it. At the top of the national level there's generally what's called a BISHOP'S CONFERENCE, an organization made up of the bishops and perhaps their equivalents across a given nation. Depending on the scale of things you might also see bishop's conferences that cover multiple countries or I think I've even seen some sub-national bishops' conferences here and there, it just depends on what makes sense given the geopolitics and the nature of the Catholic Community. Though there isn't a special churchy title for the leadership of a Bishops' Conference- they're just called President or whatever- I will tend to note when someone I'm going over holds a leadership post here since it's at the national level. Getting back to church titles rather than standard admin structure, it's worth noting that, in a nutshell, the older a diocese is the more prestige and gravitas it has. Historically, the oldest diocese in a given country had special importance and was something a bit above a regular archdiocese called a PRIMATIAL SEE held by a PRIMATE- not the monkey though sure joke away– oh and see by the way is just another word for a diocese, that's S-E-E. It's specifically referring to the bishop's "seat", which is the same concept that makes the head church of a Diocese called a Cathedral, cathedra being a Latin word for Chair. And yeah, it's a bit weird to have so much focus on what someone is sitting on but keep in mind thrones for kings kind of fill the same concept, it's basically the idea that it's the office that has its own importance that accumulates with each officeholder. Some diocese are dignified at an even higher level and are called Patriarchates, with bishops of those diocese being called Patriarchs. Historically the core group of patriarchates was Rome, Constantinople, Antioch, Alexandria, and Jerusalem. Others have been added through the years, notably Moscow in the East. Generally Patriarchates are more associated with Eastern Orthodoxy since the highest ranking churchmen there are the Patriarchs, though the Popes would also flaunt their Papal powers over the church generally by setting up some new Western Patriarchates as well, like Lisbon and Venice. I'll definitely be spending a lot of time talking about all the various patriarchates in the main narrative, so stay tuned. Recently a new role has been developed, and of course I mean recently in church terms so, you know, in living memory, and that's the role of what's termed a "MAJOR ARCHBISHOP", just half a hair down from a Patriarch in dignity, and of course overseeing a "MAJOR ARCHBISHOPRIC". Check out my episode on Sviatoslav Shevchuk for more on that, basically the Vatican wanted to grant the Ukranians higher honor but could not fully commit to a new Patriarchate because of pressure from Moscow, so the position was developed as a compromise. There are now a total of four Major Archbishops, all Eastern Catholics. To explain very briefly, now that I'm mentioning Eastern Catholics, the Catholic Church is actually made up of a total of 24 sui iuris- that is, "self governing" Churches, called Particular churches. The one you're probably most familiar with is the biggest, what's called the Latin Church, but the other 23 are equally important at least in theory even though in practice they often get sidelined or overlooked. A single city may have multiple bishops because of these different rites, and also because of non-Catholic bishops, for example there are currently five people claiming the role of Patriarch of Antioch, three Catholic bishops from different sui iuris particular churches in union with Rome, and two Orthodox bishops not in union with Rome. None of these Patriarchs of Antioch are based in Antioch, modern Antakya. It's complicated. Collectively members of these non-Latin Sui Iuris churches are called Eastern Catholics and In most cases these are the results of various splits and reunions throughout Church history, resulting in a variety of local traditions maintained because 1 tradition is beautiful and 2 union with the Pope is more important to the Pope then making everyone do exactly the same thing, though there have certainly been pushes for that, and I hope that somewhat tongue-in-cheek brief overview isn't too insulting but long story short the variety resulting from these different traditions could easily double the length of this episode, but given the main purpose of this was to allow Cardinal-Watchers to follow Cardinal Numbers without getting too lost I'm going to let the Latin rite examples I've given form the core and I'll explain Eastern titles- such as calling most bishops EPARCHS and most Dioceses EPARCHIES- as they appear in individual episodes. Now, believe it or not, there's still a few more bishop-tier titles to go. First, a TITULAR BISHOP is a bishop who has been assigned a non-functional diocese, which sounds like a bit of a raw deal- and to be clear, it is- but it generally allows them to focus on other stuff they need to be doing while officially giving them the status and dignity of being a bishop. There are also titular archbishops and even titular patriarchs, basically the next few terms function as adjectives. Another modifier you might see before someone's bishop title is "Auxiliary". An AUXILIARY BISHOP is a bishop who assists in the administration of a see- typically an archdiocese or a patriarchate- while being titular bishop of another see. This keeps one person as the overall pastor but allows for easing the burden when there's a lot of bishopping to be done. There's another kind of bishop called a COADJUTOR. As the co- part might suggest, a coadjutor bishop acts alongside the regular bishop. Generally speaking a coadjutorship is a short term arrangement, designed to ease the transition when the regular bishop retires, with the coadjutor having automatic succession. Unlike Auxiliary bishops, coadjutor bishops are not typically given a separate titular see reflecting this even closer association with the diocese. Normally the goal is one bishop per diocese and one diocese per bishop, coadjustorships are treated as an exception to that ideal for the sake of smooth transition. Another adjective you'll see applied to someone's title as bishop is emeritus, and this one I think is more familiar to folks. A BISHOP EMERITUS is the former bishop of a diocese. In modern practice most Bishops are required to submit their resignation to the Pope once they turn 75, so that's the typical retirement age, but early retirements due to health reasons or air quotes "health reasons" are not unheard of, and sometimes folks are left in their posts for a bit longer. When a diocese has no serving bishop, that period is called a SEDE VACANTE, or "vacant seat". Most folks hear that in connection with the Pope, though the term can be used for all diocese, not just Rome. If the vacancy is a longer one, you'll often see what's called an APOSTOLIC ADMINISTRATOR appointed for the interim, someone to keep things running who may or may not already be a bishop of another diocese, often the metropolitan. Finally, there's a broader term that includes but is not limited to bishops that I've been studiously avoiding: an ORDINARY. Most often the ordinary is a bishop, but there are some special jurisdictions outside the normal diocesan structure that are served by a non-episcopal-AKA non-bishop- ordinary. Such jurisdictions are called ORDINARIATES. And yeah, don't let the wording fool you, ordinariates headed by an ordinary are not, you know, the ordinary arrangement, those are for special circumstances. The most common type of ordinariate is a MILITARY ORDINARIATE. Given the special needs of armed forces and the families serving in them, many nations have a specific ordinariate dedicated to military families. There is also something called a PERSONAL ORDINARIATE, which in modern times is best understood as a bridge between Anglicanism and Catholicism, something Anglican leaders aren't particularly thrilled about but that didn't stop Pope Benedict XVI from setting up the structure a few years back. This is also as good a time as any to note that a CHAPLIN is like the priest-level edition of an ordinary, in the sense that they're dedicated to a specific group of people that isn't a geographic thing, and also in the sense that it's often something you'll see in a military or other institutional context, and *also* in the sense that a chaplain might not actually be a priest even though they carry out many similar functions, much like an ordinary may not actually be a bishop. Alright, next up, let's start looking at what's going on within a typical diocese, especially at Mass, that most Catholic of ceremonies. As you might have guessed, we're going to be talking a fair bit about PRIESTS today, so let's dive in there. Priests, like bishops, receive Holy Orders through ordination. They effectively function as a stand-in for the bishop, serving as his delegates in the local churches called PARISHES. They have apostolic succession only in a secondary sense- their holy orders are valid because of their bishop's valid apostolic succession, and they cannot ordain successors themselves. Unless of course they also happen to be a bishop, which, yes, Mr Offscreen Pedant, bishops are also priests, but I'm speaking specifically about priests who are not also bishops. All bishops are priests and deacons to boot, holy orders is a three-part deal that stacks up like that. Of course, not all deacons are priests, and not all priests are bishops. It's a squares and rectangles kind of thing. The primary function of a priest is to administer sacraments, especially saying Mass and hearing confessions. I actually have my sacraments series done for the Solemn High Pod, so check out the three part Popeular History episode 0.20 if you want to know more about Mass and the sacraments. If 0.23 and dare I hope 0.31 are done by the time you're listening to this you can check out those as well for more on the Mass. Like Bishops, priests are generally expected to practice clerical celibacy, especially in the Latin church but also in the East in the sense that they cannot get married after ordination. So if they want to join the ranks of the married clergy, they better already have the married part done before they do the clergy part. A priest is the most essential person when it comes to Mass, because priests are the ones who either celebrate or say Mass–either of those verbs will work, by the way, and I'm not actually aware of a difference in meaning. Anyways, this is brought home by the fact that priests can literally say Mass by themselves, with no one else present. And I don't want to go too far into theology in this org chart overview, but I really should note that ultimately, on a theological level, it's not so much the priests themselves saying Mass or hearing confessions, rather it's Christ acting through them. What about deacons? Well, first off, there are two kinds of deacons in current practice: TRANSITIONAL DEACONS and PERMANENT DEACONS. The transitional deaconate is a step towards priesthood, and typically lasts a year. It's the first rung of Holy Orders, the first ordination the future priest will receive. In the case of permanent deacons, rather than a stepping stone the diaconate is its own vocation, with the recruiting focus being on men ages 35-55 or so depending on the diocese. Even in the west married permanent deacons are normal, though still with the same caveat that I mentioned for eastern priests earlier: once you're ordained no more new marriages for you. Deacons have an assisting role at Mass and administering other rites and sacraments but historically their main role has been more in the realm of what's called works of mercy, aka helping the poor, as that was the original idea behind setting up the diaconate as outlined in the biblical Book of Acts. It was only in recent times–recent times in the scale of Catholicism of course meaning in you know, living memory, it's a big timeline–anyways it was only in recent times that the permanent diaconate was revived after a millenium of suppression. Technically, to be sure, there were some deacons in the middle ages–Pope Gregory VII gained his reputation as Deacon Hildebrand- but outside of the Papal court, where titles tend to carry on regardless, DROPDROP they were scarcely more than a step to the priesthood, DROPDROP that transitional model I mentioned earlier. Before that decline, deacons were actually generally more impactful than priests, often serving as the bishop's right hand, especially in the form of ARCHDEACONS. This model is still largely present in the Eastern Churches, especially if you recall that Arkdiyakon role I mentioned in the context of the Thomas Christians I mentioned last month. Finally, I should note that there is strong historical evidence for a female diaconate in the early Church, for example in Romans 16 Saint Paul refers to a certain Phoebe as a deaconess, and unlike in the historical argument over female priests and bishops, the Church accepts a form of female diaconate as a historical reality. However, it is argued that women deacons were not ordained, that their role was fundamentally different from that of male deacons. Whether to revive an unordained form of female diaconate is an active topic of discussion in Rome. Of course, we're well into the weeds now. Things have changed. But before we make our way back to the modern Church, let's take a quick look at how Holy Orders worked prior to the Second Vatican Council of the 1960s. Before Vatican II, Holy Orders didn't start with the diaconate, the priesthood was actually the culmination of a seven-step process that began with what's called the minor orders. The lowest rung of this ladder was the PORTER, being basically the church doorman. After that, the LECTOR, in charge of some of the Bible reading at Mass, and a role which largely survived the council but was taken out of the context of a step on the path to priesthood, to the extent that even shock of shocks women can be Lectors. Next up was the ever crowd-pleasing role of EXORCIST, one trained to cast out demons, and perhaps surprisingly that's another role that's still with us, now taking the form of a special category of priests. As I understand it, to this day each Diocese has at least one exorcist, though their identities are typically kept secret because, ya know, kooks who won't stop bugging him because, I mean, real-life-exorcist. Cool. Finally, up at the top of the minor orders there was the role of ACOLYTE. Think alter server but one of the more active ones, not just a candle-holder. And yes, a role that was once higher than an exorcist is now generally occupied by a middle schooler. Right above the minor orders was the first rank that required ordination- no, not the deacon, the SUB-DEACON. Like all the other minor orders suppressed in the West, this role has been preserved in the East. Take this how you will, but the East has tended to more scrupulously preserve tradition than the Latin Church. It probably helps that they have no one with sufficient authority to come close to mucking around with tradition. I honestly don't think we'll be talking about sub-deacons much, but just know they're, well, right below a standard-issue deacon in the medieval pecking order, as you might have guessed, assisting at mass in similar but different roles. This office went away in the West with the abolition of the minor orders in Vatican II. After the sub-deacon the medieval and early modern seven stages of Holy Orders culminated with the familiar roles of Deacon- full on deacon this time- and then priest. Note that Bishop was not really considered a part of this progression in this model. Now, let's take a moment to chat through a couple other church roles largely or totally left to history while we're in the neighborhood. First, who can forget the fact that there's a whole Canterbury tale dedicated to the PARDONER. This wasn't someone who specialized in hearing confessions and absolving sins as you might expect after that episode we did on the newly elevated Cardinal Dri, the elderly Argintinian Capuchin with that focus. Instead, the focus of the Pardoner was on selling indulgences, those get-out-of-Purgatory-free cards that brought enough scandal to destroy the unity of western Christendom. And yes, I'm kind of acting like you already know about the Protestant Reformation in the same episode where I explain at a basic level what a priest is. Anyways, speaking of Protestants–or quasi-Protestants, or whatever you want to call them, perhaps just Anglicans– speaking of Anglicans, in many ways they're an even better time capsule for preserving some things lost to modern Catholicism than the East. Obviously not in all stripes of Anglicanism, as that wide tent contains a lot of innovations, but, well, on the traditionalist Anglo-Catholic end of the spectrum you can still find things like CANONS and PREBENDS. Canons with one N of course, the church kind, though of course the martial Pope Julius II was fond of two-N cannons as well. Anyways, even ruling out the military cannons I need to specify, as there are not one not two but three distinct meanings of a one-N canon in medieval Catholicism and actually in contemporary Catholicism as well, though the role of canon- by definition our focus on this episode on roles in the Catholic Church- the role is much less common than it once was. But first, the most common meaning of the term Canon in contemporary Catholicism is in the context of Canon law, because that's the term for way the Church governs itself and specific sections of the overall governing document are called canons. Similarly, church councils, that is, gatherings of church leaders, also tend to produce canons, especially the great ecumenical–that is, universal–councils of old that we'll start discussing when we get to the fourth century. So for example someone might cite the first canon of the Council of Nicea, where the Church of old ruled on the pressing question of how being castrated would or would not impact one's ability to serve as a priest. There's also something called the Canon of the Mass, and really the root word helps to understand the meaning of both this and the law slash council thing, because a canon in Latin is something like a fixed measuring stick. The fixed part of Mass is the section of prayers that are always the same, or at least that were always the same until our old friend Vatican II made other options available (again, as I understand it). Nowadays the Canon of the Mass, also called the Roman Canon, is additionally referred to as Eucharistic Prayer 1, implying the existence of Eucharistic Prayer 2, which isn't just a theoretical thing but a real life shorter form that liturgical traditionalists like myself tend to hate. There's also Eucharistic Prayers 3 and 4, which are less egregious, but still, stick with Eucharistic Prayer 1, aka the Roman Canon, if you would be so kind. The third kind of Canon is, at last, the role, and interestingly the etymology here is the same root as the others, giving the sense of something standardized or fixed in place. In this case, the standardization is because the "Canons" of a cathedral or other significant church were a group of priests who had decided to live communally and establish their spiritual and physical lives around a set of rules, you know, standardizing them. Canonizing their lives, if you will. They were basically members of a religious order, though not one centrally governed. Oh, and I suppose I should also note that the term canonization fits into this overall picture in a similar way: it's called canonization because what canonization does is standardize the cult of a particular saint across the universal church. Oh and stop saying cult like it's a bad thing, in this case that's just the word used. It's not a wink and a nod to kool-aid. Also, a canon in the sense of a cathedral canon or other role in a religious order is different from a canon*ist* or a canon lawyer, which is one who studies and explains or practices Church law, respectively. Clear as mud? Fair. Oh, and the PREBEND I mentioned, well, that's basically just a fancier kind of Cathedral canon. Let's move on though. The last historical Church role I want to talk about today is the KING. Or the EMPEROR. Or, you know, whoever the relevant feudal LORD would be. Because such secular leaders were nevertheless seen as having a critical role within the Church, with the civil government and the Church not then tending to have the separation we're used to these days. Really, nobility in general was a big deal for the church until the last century or so. Ok, so we've talked about the various forms of bishops and their territories, and about who you might see at Mass. What about those between? Well, one of the most important functions in Church organization is training up the next generation of leadership, and that training of new priests tends to take place at special institutes called SEMINARIES. You can basically think of seminaries as universities for future priests, and there's also a junior league of sorts for younger students that's basically a kind of boarding school called a MINOR SEMINARY. Those who study at seminaries are called SEMINARIANS, and those who teach there are nowadays generally titled PROFESSORS having the same basic sense as in the secular world but with Catholicism baked in. Kind of like this show verses a generic non-Popeular podcast. The head of a seminary is generally called a RECTOR, though I'm sure there's some variety in that. As you may know depending on what's common in your neck of the woods, rector can also have the same basic sense in secular institutes of higher learning as well, which makes sense when you take a look at the root word there: basically, "ruler". Etymology is our friend here, there, and everywhere. Outside of seminary education, there's also the topic of the general administrative structure of a given diocese. Obviously the bishop is on top, and as you probably already guessed the priests of the diocese typically have admin roles in addition to saying Mass. As an American Catholic, I'm mostly used to hearing the term PASTOR for a priest who's tasked with running a local church community called a PARISH, though I gather canonically the Anglican sounding term VICAR is more precise. You'll also hear the term PARISH PRIEST used in the same sense. A single parish may have more than one priest assigned to it by the diocesan powers that be. A secondary priest is called a PAROCHIAL VICAR in more official stuff but ASSOCIATE PASTOR is the term you'll hear in common parlance, at least in American use. You might also see someone described as a CURATE, which in modern use designates a priest who assists the principal Vicar or Pastor or Rector of whatever, but historically would refer to the pastor themselves, and yes, it's complicated. There are higher levels to consider as well, both administratively and in terms of honorary titles. For example, MONSIGNOR is a special honorary title given to seasoned priests at the discretion of the Pope. It's not really a role, since it's purely a title and has no special function, but I figured I'd include it here. There are three levels within being titled a Monsignor, first a "CHAPLAIN OF HIS HOLINESS", second an "HONORARY PRELATE", and finally a "PROTONOTARY APOSTOLIC". These sorts of honorifics are currently out of favor in Rome given Pope Francis' strong preference for simple aesthetics and not seeking honor and titles, but he's pushing against a very long tradition of honors and titles in Roman culture, long enough that it goes back to the Cursus Honorum of ancient Pagan Rome, and I expect with the back-and-forth way the Papacy and the Curia operate, we haven't seen the last of ecclesiastical honorifics. After a fat Pope, the saying goes, a skinny Pope. Oh, there's even a kind of honorific for church buildings that functions in kind of the same way as making a priest a Monsignor, namely the status of BASILICA, which is basically just a way for the powers that be to say "hey check out this church it's extra nifty". Of course, not all higher titles within a Diocese are honorifics, there are functional roles as well. The overall day-to-day admin of the diocese is typically not run by the Bishop personally but by an office called the CHANCERY run by a CHANCELLOR, another term you may have heard in higher education because there's historical overlap between higher education and the admin of the Catholic Church or, you know, medieval courts in general. VICE-CHANCELLORS are also a thing, being second in command, behind the Chancellor. If you want a little more insight into what a Diocesan Chancery does, my home Diocese of Columbus has a write-up on their website that explains it better than I would so allow me to just quote them: "The Chancery includes those offices and persons who directly assist the Bishop in the pastoral and administrative governance of the Diocese of Columbus. The Chancery, on behalf of the Bishop, expedites canonical matters; collects and preserves diocesan and parish records; assists parishes and priests with civil matters; maintains files on priests and parishes; collects statistical information for the Diocese; facilitates communications with other dioceses and the Vatican; provides information on the Church or directs inquirers to appropriate sources; facilitates pre-Marriage dispensations and permissions and transmits to other dioceses pre-marriage files; and oversees diocesan offices." The rough Papal equivalent to the diocesan Chancery is the Roman CURIA. In Rome, the Church bureaucracy is sprawling. It's no secret that bureaucracies tend to grow over time when left unchecked, and historically Rome was just about the last place to look for a check on a bureaucracy. Even the ancient pre-Christian Romans exalted bureaucracy, with their skills as administrators being credited as a major unifying force for the Empire. Of course, administrative skills and bureaucracy can almost be contradictory concepts– after all, getting things done requires moving beyond committee after committee. But ultimately the purpose of the Curia is to spread the faith handed down from the Apostles throughout the world, and with that emphasis on handing down, tradition is a huge part of things. When you combine an emphasis on tradition with a massive scale- there are well over a billion Catholics in the world today- and a global scope–well, the Curia is absolutely massive and, despite repeated efforts at overhauling things, it's complicated as well. It would be deeply ironic but not inaccurate to call it Byzantine, a term for “really really complicated” drawn from another institution derived from ancient Rome, though the Byzantine empire is no more and the papacy is more globalized than ever. Pope Francis has been toying with the formula more than any other Pope in recent history, time will tell if the changes stick. One of the most apparent changes Pope Francis has made to the Curia, certainly in the context of our rundown of specific terms, is rebranding the various PONTIFICAL COUNCILS and CONGREGATIONS to DICASTERIES. The practical effect of this is minor but it's helpful to recognize these terms as referring to high level Curial departments–often but not always headed by Cardinals, indeed Pope Francis has structured things so there is no longer any official bar to Dicasteries headed by, say, a woman, though that hasn't actually happened yet. In any event, the heads of Dicasteries or Congregations or Pontifical Councils or whatever you want to call them are called PREFECTS, with the second in command being listed as SECRETARIES, and then things like UNDERSECRETARIES appearing further down the chain of command but still fairly high on the overall curial org chart. The CARDINALS I mentioned there are a special role connected to the Diocese of Rome. As a group they are called the COLLEGE OF CARDINALS, in much the same way that the bishops throughout the world collectively make up the COLLEGE OF BISHOPS. Most famously, it is the eligible Cardinals under the age of 80 who pick the next pope in a closed voting contest called a CONCLAVE during a Papal Sede Vacante, in a period of “vacant see”, you know, “empty chair”. Meetings of Cardinals more broadly speaking are called CONSISTORIES, because yeah, pretty much everything has a special term here, that's why you're listening to this episode. The office of Cardinal has historical connections to the clergy of Rome but it is not by definition an ordained role, meaning there could conceivably be women as Cardinals in the future as I discussed in my September 28th episode this year. There are three fundamental orders of Cardinals, the names of which are rooted in the origins of the college but which are no longer tied to their respective levels of Holy Orders in any particular way as all modern Cardinals are at least priests and most are bishops. Nevertheless, Cardinals are Categorized as either CARDINAL-BISHOPS, the highest level, or CARDINAL-PRIESTS, in the middle, or CARDINAL DEACONS, the lowest category, though really if you're a Cardinal even at the lowest level you're still pretty high up in the Church's pecking order. Special roles within the College of Cardinals include the PROTOPRIEST and the PROTODEACON, the longest serving of those respective orders. Historically, it was the Protodeacon's job to crown the Pope, though Popes haven't opted for crowns in decades. It's also the job of the most senior cardinal deacon participating in the Conclave to announce the new Pope through what's called the HABEMUS PAPAM, Latin for "we have a Pope". A specific name for a specific speech. Speaking of Conclaves and Papal Sede Vacantes and such, the CAMERLENGO OF THE HOLY ROMAN CHURCH is the one who runs the show when there's no Pope around, assisted, of course, by a VICE CAMERLENGO. And to give you an idea of *just* *how* *wonky* the Curia can be, though the Camerlengo of the Holy Roman Church is generally a Cardinal, he should not be confused with the CAMERLENGO OF THE COLLEGE OF CARDINALS, a role dedicated to administering the financial affairs of the Cardinals which has, mercifully, recently been allowed to lapse. So, yeah. There are a huge number of special roles and titles connected to the Curia. We'll be seeing them in action repeatedly as we go, but I don't want to get too hung up on them in this overview. Needless to say, Rome is a special case, full of special cases. Before we go, I do want to point out the NUNCIOS are effectively Papal Ambassadors, and the offices they head are called NUNCIATURES. A small step down the latter of diplomatic precedence there are PRO-NUNCIOS who have PRO-NUNCIATURES and who perhaps aspire to be full-on Nuncios one day–yes, oddly, in this case the "pro" prefix actually signifies as a *lower* rank. Finally, it would be just plain wrong of me to skip the fact that there is an important role called the LIBRARIAN OF THE HOLY ROMAN CHURCH, which is pretty much exactly what it sounds like, and which was historically also known as the BIBLIOTHECARIUS. Don't worry, we'll be following them especially closely. Anyways, any more standard diocese, including Columbus, may not have something as deep and extensive as the Curia, but they still have their own complexities not only within but also beyond the walls of the Chancery, often being subdivided into units called DEANERIES, which are groups of parishes. These multi-parish groups are headed, as you might have guessed, by someone called a DEAN, though you might have also guessed that a more official and less intuitive name exists in canon law: a deanery can also be listed as a FORANE VICARIATE, headed by a VICAR FORANE. There are other roles that aren't geographically based but are still critical to the functioning of the diocese, such as NOTARIES, who are permitted to draw up official documents on behalf of the local Church, and CONSULTORS, who, well, are there for the bishop to consult with on specific topics where he may need their advice. Ok, we're getting there. Now, you might think you know what RELIGIOUS means, but in a Catholic context it has a narrower definition. Being *a* religious means you have taken RELIGIOUS VOWS, specifically THE EVANGELICAL COUNSELS of Poverty, Chastity, and Obedience. Obedience, in this case, meaning obedience to a religious superior. Welcome to the world of RELIGIOUS ORDERS, which you might also know variously as RELIGIOUS INSTITUTES, INSTITUTES OF CONSECRATED LIFE, SOCIETIES OF APOSTOLIC LIFE, or even CONGREGATIONS, depending on a variety of factors and generally distinguished at a deeper level than I want to get into today. A fair amount of the variety comes from the various religious orders having their own distinct rules, called, well, RULES, and particular focuses, called CHARISMS. They also traditionally have distinct uniforms, called HABITS. You can typically recognize members of different religious orders by their habits, for example white and black robes will most often be a Dominican, brown or sometimes gray will trend to signify a Franciscan of some sort, though there are a lot more religious orders than there are basic colors so brown is also the dominant color in the unrelated Carmelite order. Anyways, the most classic form of a religious order is a MONASTERY with the members of the order being known as MONKS in the case of males or NUNS in the case of females– and monasteries have always been segregated by gender though there were historically sometimes what was called DOUBLE MONASTERIES with male and female wings. Given everyone involved had taken a vow of chastity, such a separation was seen as a practical step. Now, you might be surprised to hear me mentioning nuns in the context of a monastery, rather a CONVENT, a similar institution, which in contemporary English is where you'd expect to find nuns, with monasteries being reserved for monks. But I want to give you some historical understanding as well, and historically the distinction between a convent and a monastery was not one of gender but of specific type. Monasteries tended to be more rural and therefore removed from worldly concerns but could be communities of either gender, while convents tended to be more urban and therefore a bit more integrated into secular society. But that historical sense has faded sufficiently in English that you'll get weird looks if you say there are nuns in a monastery or monks in a convent. You may be technically correct, which is indeed the best kind of correct, but just be aware that the non-gendered sense of the terms is now not as common as it once was. Either way, members of religious communities are generally called BROTHER or SISTER as the default form of address unless another title supersedes. The head of a monastery is typically called an ABBOT in the case of a male CONGREGATION or an ABBESS in the case of a female congregation- the congregation being the community itself. Second in command in the case of a larger community or perhaps in overall command of a smaller community that is itself subordinated to a mother house is a PRIOR or PRIORESS, the former for a male community and the latter for a female community. In terms of the overall building, if the person in charge is an Abbott or Abbess then it's an ABBEY, if it's run by a Prior or a Prioress it's called a PRIORY, though it's not unusual for folks to simply fall back on the simplified and gendered newer meanings of monastery and convent I described earlier. A generic term for those in charge of a religious community is a SUPERIOR, or perhaps MOTHER SUPERIOR, with the leadership of the overall global order being typically called a SUPERIOR GENERAL. There's also a middle range of governance called a PROVINCE, giving that word a similar meaning to what we saw on the Diocesan side of things. All of these communities vary in a number of ways. Some are more removed from worldly affairs, with few to no outside visiters, those communities are called CLOISTERED. These communities go back to the origins of Christian monasticism, where an individual would often feel inspired to withdraw from the world and live a life of severe ASCETICISM, that is, renouncing pleasure and embracing prayer and PENANCE-reparations for sins- in the hope of spiritual rewards. In the common narrative, folks would come out to such HERMITS, who might be called DESERT FATHERS or DESERT MOTHERS, and seek to follow their example, forming a community. The term for the individual ascetic who vows to follow the evangelical counsels is a hermit like I mentioned or you might also call them an ANCHORITE, and that form of monasticism is EREMITIC, from same root word as "hermit". Once you're talking about living in community, that particular form of monasticism is called CENOBITIC monasticism, combining the greek words for "common" and "life". Not all monasticism is that degree of renunciation of the world, though certainly that form was most established in the early Church. But over time other orders with various special charisms- special focuses- emerged, with the rise of the MENDICANT orders- those that essentially live by begging- occurring in the 13th century, with the Franciscans and the Dominicans being classic examples. Male mendicants are called FRIARS. In time there would also be MISSIONARY orders such as the Jesuits or the Salesians, as you might guess those being dedicated to spreading Christianity to areas where Christianity was a minority. Members of missionary orders are simply called brothers or sisters, leaving the monk and nun labels to those living in more traditional communities. In a number of cases the communally living religious orders have established affiliated entities designed to allow those who live outside their actual communal life to nevertheless observe some form of their rule and wear some form of their habit. These are called THIRD ORDERS, the first and second orders being by implication the monks and the nuns in their communities. Members of third orders are also called TERTIARIES. Historically similar to third orders were things like BEGUINES and their male equivalents, BEGHARDS, though those were as much defined by their lack of official status in the Church as anything else, which makes them an awkward addition to this episode. So I'll leave it at that. Anyways, with the permission of their superior- keep in mind obedience is one of the monastic vows–the others being poverty and chastity if you need a refresher–anyway with the permission of their superior male religious are able to receive ordination and become clergy. Religious who become priests are called RELIGIOUS PRIESTS, which is fair enough as a title but does have an amusing effect in that priests who are not members of a religious order are called SECULAR PRIESTS, a term that made me laugh when I first saw it and which still makes me chuckle from time to time. They can also be called DIOCESAN PRIESTS, but what's the fun in that? Believe it or not, this overview has left a lot out. Like, I never told you about how CATHOLICOS was originally a title for a bishop whose territory was more devoted to a region than a specific city, but that it evolved to be the highest title in the Church of the East. But that's in part because while I intend to cover all 23 SUI IURIS–that is, self governing– churches that make up the overall Catholic church, nevertheless the ROMAN or LATIN CHURCH is the dominant stream of Catholic history, making up over 98% of Catholics today. In case I haven't made it clear enough yet, let me emphasize again that this stuff does get complicated and you don't need to feel bad about not knowing it all offhand. I've thought about this stuff for hours daily and I don't meet that bar, this episode required research like every other. But I hope this guide helps bring some clarity and can serve as a useful reference as you go. If I didn't explain it here, and possibly even if I did, I promise I'll explain it when it comes up as we go. Thank you for listening, God bless you all!
William Weare's murder was brutal, gruesome, and a source of complete fascination for the public, and it set the stage for illustrated crime reporting. Research: Cunningham, Alice. “Radlett: The horrifying 19th century murder that put Hertfordshire's most affluent town on the map.” Hertfordshire Mercury. 11/18/2020. https://www.hertfordshiremercury.co.uk/news/hertfordshire-news/radlett-horrifying-19th-century-murder-4708130 Smith, Daniel. “'Murder jug' from 19th Century sells for big money.” Leicester Mercury. 8/20/2022. https://www.leicestermercury.co.uk/news/uk-world-news/murder-jug-19th-century-sells-7487222 Muir, John. “Seven Men Sentenced to Die.” From Rare Books Collections, National Library of Scotland.” https://digital.nls.uk/broadsides/view/?id=14718 “A narrative of the mysterious and dreadful murder of Mr. W. Weare : containing the examination before the magistrates, the Coroner's Inquest, the confession of Hunt, and other particulars previous to the trial, collected from the best sources of intelligence, with anecdotes of Weare, Thurtell, Hunt, Probert, and others, and a full report of the trial, and subsequent execution at Hertford.” London. 1824. https://play.google.com/books/reader?id=Kq5XAAAAcAAJ&pg=GBS.PA1 “The horrid effects of gambling, exemplified in the atrocious murder of Mr. William Weare, who was first treacherously inveigled to and then cruelly butchered by his associates, in Gill's Lane, Herts : together with The remarkable trial and conviction of John Thurtell and Joseph Hunt, for the murder : including Thurtell's eloquent defence, his demeanor previous to and throughout the trial, and a particular account of his c.” Via JSTOR. https://www.jstor.org/stable/community.32830888 Fraser, Angus. "Thurtell, John (1794–1824), murderer." Oxford Dictionary of National Biography. September 23, 2004. Oxford University Press. Date of access 11 Sep. 2023, https://www.oxforddnb.com/view/10.1093/ref:odnb/9780198614128.001.0001/odnb-9780198614128-e-27414 Wheeler, Susan. “Medicine in Art: The Lancett Club at a Thurtell Feast', by Thomas Rowlandson.” Journal of the History of Medicine and Allied Sciences. July 2002. Vol. 57, No. 3. Via JSTOR. https://www.jstor.org/stable/24623701 Digby, Everard. “Somme Inns of Chancery.” From “The Commonwealth Law Review.” C. F. Maxwell. January 1906. https://play.google.com/store/books/details?id=pQBCAQAAMAAJ Borowitz, Albert. “The Thurtell-Hunt Murder Case: Dark Mirror to Regency England.” Louisiana State University Press. 1987. "Inns of Court." Britannica Library, Encyclopædia Britannica, 27 May. 1999. Accessed 13 Sep. 2023. Rider, Clare. “The Inns Of Court And Inns Of Chancery And Their Records.” The Inner Temple. https://www.innertemple.org.uk/who-we-are/history/historical-articles/the-inns-of-court-and-inns-of-chancery-and-their-records/ See omnystudio.com/listener for privacy information.
On this day in legal history, September 21, 1981, the United States Senate approved the nomination by President Reagan of Sandra Day O'Connor to the United States Supreme Court–making her the first female Supreme Court justice. O'Connor, who often leaned conservative, used her political experience from her time in the Arizona state Senate to shape her judicial views. She was known for filing concurring opinions that aimed to limit the scope of majority rulings. She faced opposition from the time of her nomination from anti-abortion and religious groups. During her tenure, O'Connor was known for her pragmatic approach and often served as the swing vote in contentious cases. Initially aligning closely with conservative Chief Justice William Rehnquist, her voting record later became more moderate as the Court's composition shifted. She played a pivotal role in key decisions, including those related to abortion rights, affirmative action, and campaign finance.She was involved in landmark cases such as Grutter v. Bollinger, which upheld the constitutionality of race-based admissions to universities, and Planned Parenthood v. Casey, which preserved the core constitutional precept of Roe v. Wade. O'Connor retired in 2006 but left a lasting impact on American jurisprudence, particularly in her nuanced approach to complex legal issues.O'Connor also had a brief stint in acting, appearing as Queen Isabel in a 1996 Shakespeare Theatre production of Henry V. In a landmark decision, she cast the deciding vote in the 2000 Bush v. Gore case, which ended the Florida vote recount and paved the way for George W. Bush's presidency. She later expressed reservations about the court's involvement in the case.In another historic moment, O'Connor became the first woman to preside over an oral argument in the Supreme Court during the case of Kelo v. City of New London on February 22, 2005. Later that year, at the age of 75, she announced her plans to retire from the bench. Following her retirement, she took on the ceremonial role of the 23rd chancellor of William and Mary College in Williamsburg, Virginia, a position first held by George Washington. Her groundbreaking career remains a significant chapter in the history of the U.S. Supreme Court.The Federal Circuit's active judges have suspended 96-year-old Judge Pauline Newman for one year for failing to undergo medical testing as part of a disability and misconduct investigation. Initiated by Chief Judge Kimberly A. Moore, the probe began after Newman allegedly had a cardiac incident and raised questions about her productivity. The investigation is notable for its public nature, a rarity in judicial disability investigations. Legal scholars suggest that such probes may become more frequent as the average age of federal judges has risen to 69.Newman has contested the investigation, framing it as bullying and arguing that it was motivated by her frequent dissents in favor of stronger patent rights. The council stated that Newman's non-compliance with medical tests hampers their ability to assess her fitness for duty. A special committee had recommended the suspension, citing Newman's consistent refusal to cooperate.Newman's lawyer, Greg Dolin, criticized the investigation's procedures and called the renewable suspension "unlawful" under the Judicial Conduct and Disability Act. Newman plans to appeal the council's order and has also filed a lawsuit seeking reinstatement. She submitted two medical reports affirming her mental fitness, which the council dismissed as inadequate.The case has drawn public attention, contrasting sharply with Newman's recent accolades at a legal conference. Affidavits from court staff depict her as struggling with memory loss and paranoia, adding another layer of complexity to this unprecedented judicial probe.Embattled 96-Year-Old Judge Suspended in Disability Probe (2)A high-stakes antitrust lawsuit has been filed against the Ultimate Fighting Championship (UFC) by around 1,200 former fighters, including Nate "Rock" Quarry. The suit alleges that UFC confines athletes to perpetual contracts and pays them far less than they would earn in a competitive market. The case has been fast-tracked for trial next spring and is closely watched as it could set a precedent for athletes in various sports to fight for better pay using antitrust law.The UFC, owned by Endeavor Group Holdings, generated a record revenue of $1.14 billion last year and reaches over 900 million households globally. Fighters are required to sign exclusive deals, often including four fights per year. However, the UFC allegedly withholds the last fight in a contract until the fighter agrees to renew, effectively trapping them in a cycle of successive contracts.The fighters argue that the UFC is a "monopsony," a sole buyer in a market, and accuse it of abusing this power. Monopsony cases are rare but have gained attention under the Biden administration. While there are other combat sports promotions, the plaintiffs argue that UFC controls the majority of fighters in nearly all weight classes and has also bought or shut down its rivals.The class action status of the lawsuit increases the risk for UFC, as it could be compelled to pay up to $4.8 billion in treble damages. The case could also encourage athletes in other industries to file similar suits. UFC has petitioned to appeal the class certification, arguing that the court erroneously certified the class.The case also highlights the financial struggles of fighters, who are independent contractors paid per bout. While top fighters can earn millions, most fighters have to fund their own training and equipment, leaving them with little net income. The case aims not just for compensation but also to bring about a change in the sport, offering fighters better terms and ending the cycle of perpetual contracts.UFC Fighters Test Antitrust Law to Escape ‘Perpetual' ContractsThe U.S. federal judiciary has enough funds to operate for at least two weeks if the government shuts down due to a lapse in funding. The Administrative Office of the U.S. Courts stated that court fees and other available funds could be used to continue hearing cases. Some case deadlines may be rescheduled if federal agency attorneys are not working during the shutdown. If the funds do run out, the judiciary would operate on a limited basis, retaining only the staff necessary for mission-critical work.Current government funding is set to expire at the end of the fiscal year on September 30, putting pressure on lawmakers to reach a deal on a short-term funding bill. Infighting among House Republicans and disagreements between the Republican-controlled House and Democratic-controlled Senate have jeopardized the passage of appropriations bills for fiscal year 2024. House Republicans have proposed allocating $8.7 billion to the federal judiciary for the next fiscal year, while Senate Democrats have proposed $8.56 billion. Both fall short of the judiciary's request for $9.1 billion.Judge Lavenski Smith of the U.S. Court of Appeals for the Eighth Circuit expressed that a potential government shutdown is a "consistent matter of concern" and that plans are being considered to keep the judiciary operational. The judiciary, which employs nearly 30,000 people, almost ran out of money during the last government shutdown in 2018. The Case Management/Electronic Case Files (CM/ECF) system, used for electronic filing of documents, remained operational during the previous shutdown. The U.S. Supreme Court, which opens its new term on October 2, has used non-appropriated funds in the past to continue short-term operations.Judiciary Has Funds for Two Weeks if Government Shuts Down (1)A legal team that successfully sued Tesla's board of directors for allegedly overpaying themselves is now seeking $229 million in legal fees, amounting to $10,690 an hour. The request was made in a filing in Delaware's Court of Chancery on September 8. If approved, this would be one of the largest fee awards ever resulting from a shareholder lawsuit against a board. The case took several years to build and focused on the compensation paid to Tesla's directors from 2017 to 2020.The 12 director defendants, including James Murdoch and Larry Ellison, had agreed to return $735 million in compensation and forego another potential $184 million. They also agreed to overhaul the board's compensation determination process. The settlement money will be paid to Tesla and indirectly benefit shareholders, making this a derivative lawsuit.The law firms involved in the case estimate the total settlement value at $919 million and are seeking 25% of that sum as their fee. They are also requesting about $1 million in expenses. Partners and staff from the law firms involved have billed thousands of hours on the case.Courts typically review fee requests by balancing the need to reward risk and effort against the risk of a disproportionate windfall that could undermine public confidence in the legal system. David Paige, founder of Legal Fee Advisors, described the fee request as "extraordinary" compared to typical hourly rates for corporate attorneys, which can go up to $2,000.Tesla's directors have not yet objected to the fee request but are expected to do so, according to court filings. A hearing to approve the settlement and the legal fees is scheduled for October 13, and Tesla shareholders have until Friday to file any objections.In 2012, Delaware courts approved an hourly rate that worked out to $35,000 in a Southern Copper shareholder lawsuit, setting a precedent that the outcome achieved should be the focus, not the hourly rate.Lawyers who sued Tesla board for excess pay want $10,000 an hour | ReutersA recent Reuters/Ipsos poll reveals that a majority of Americans, including both Democrats and Republicans, support the ongoing strikes in the auto industry and Hollywood. The poll found that 58% of Americans back the United Auto Workers union's strike against Ford, General Motors, and Stellantis for better pay and benefits. In the entertainment industry, 60% support the strikes by screenwriters and actors for better pay and protections. Among Democrats, the support is especially strong, with 72% backing the auto workers strike and 79% supporting the Hollywood strike. Interestingly, a significant number of Republicans also expressed support for the strikes, despite the party's traditional pro-business stance. The poll reflects a broader trend of increased union activism in the U.S., with 2023 on track to become the busiest year for strikes since 2019.Americans broadly support auto, Hollywood strikes -Reuters/Ipsos pollA U.S. authors' trade group, including renowned writers like John Grisham and George R.R. Martin, has filed a class-action lawsuit against OpenAI. The lawsuit accuses OpenAI of unlawfully training its AI chatbot, ChatGPT, on copyrighted works from these authors. The Authors Guild, which filed the suit, is also concerned that the training data may have been sourced from illegal online book repositories. OpenAI has defended its actions by claiming that the use of internet-scraped training data falls under "fair use" according to U.S. copyright law. The lawsuit is part of a broader legal landscape where AI companies are facing challenges over the data used to train their systems.John Grisham, other top US authors sue OpenAI over copyrights | Reuters Get full access to Minimum Competence - Daily Legal News Podcast at www.minimumcomp.com/subscribe
J. ANDRE LAVEAU: Consul General and father of 3, born in Trinidad and Tobago, has served our beloved country and Republic of Trinidad and Tobago as a Foreign Service Officer for over 30 years. Mr. Laveau gained his BA in History and Law (Law Major) at the University of the West Indies, Barbados, a Postgraduate Diploma in International Relations, at the Institute of International Relations at UWI, St. Augustine, Trinidad, and his Master's degree in International Politics (Hons.) from the Universite Libre de Bruxelles (ULB) in Brussels, Belgium, where he became fluent in French. Since then, he became a Foreign Service Officer at the Foreign and CARICOM Affairs, in 1993, where his major assignments were: Director-Consular Division; Chief of Protocol; Director-European Affairs Division; Director-Mission Inspectorate; First Secretary-Trinidad & Tobago High Commission in Brussels; First Secretary-Mission to the European Union; Deputy High Commissioner-Trinidad & Tobago High Commission in Kampala, Uganda -[entrusted with the establishment of the High Commission in Kampala in 2007; also entrusted with heading a preparatory Mission for the re-establishment of a High Commission in Bridgetown in 2017], from November 2017-November2018, Mr. Laveau was the Deputy Permanent Secretary at the Ministry of Labor and Small Enterprise Development with duties such as: ILO matters, Launch of key labor related legislation, Communications, International Migration Policy - Chair of two inter-ministerial Committees, Oversight of International Affairs Unit, Work Permits, Heading Recruitment processes for new staff, from June 2016 - December 2016, he served at the Ministry of Energy and Energy Industries with duties that included Leading recruitment exercises, Policy Analysis of Renewable Energy matters, from December 2016 - July 2017, Mr. Laveau served in the Ministry of Agriculture Land & Fisheries, with Land Division related matters to Fisheries duties: from June 2005-June 2007, Mr Laveau as Communications Manager/Advisor to the Ministry of Sport and Youth Affairs, where he managed official participation: event management, publicity activities for the participation of Trinidad & Tobago, for the first time in the FIFA World Cup Soccer Tournament; assisted in steering Trinidad & Tobago participations in the hosting of the 2007 ICC World Cup Cricket Tournament. Since 2018, Mr. J. Andre Laveau has held the position of Consul General at the Trinidad & Tobago Consulate General in New York, with vested powers to represent the Government of Trinidad and Tobago, in all matters related to the bilateral relationship between Trinidad and Tobago and the United States of accreditation and related bodies. He serves as Head of Chancery, and manages the strategic direction and day to day operations of the Mission, providing professional and technical leadership. * We see and appreciate you, Mr. J. Andre Laveau. Thank you for all your excellent service to us and our country! Find out more about our Consul and our country at: https://foreign.gov.tt/cgnewyork -Host/Exec. Producer - Ozzie Stewart @onthecallpodcast.com -Editor: Kaleem -Website: James Bailey -Music: JLC Media @jacylamarcampbell -Camera: Jacy Campbell -Art: Dawad Philip --- Support this podcast: https://podcasters.spotify.com/pod/show/ozzie-stewart/support
If you've seen "The Exorcist," you may wonder what's factual and what's Hollywood sensationalism. You may get scared when it comes to this topic. What's the truth amidst all the noise? Drew Mariani and guest Adam Blai discuss the topic of exorcisms within the Catholic Church. They touch upon several key points: The Reality of the Demonic: The Church acknowledges the existence of the demonic and the need to confront it. Adam Blai works in the Chancery and the Tribunal for the Diocese of Pittsburgh, and they discuss the unique authority of the Catholic Church in dealing with exorcisms. The Authority of the Church: Blai emphasizes the importance of having the authority of the Catholic Church behind exorcism efforts. He compares it to a citizen's arrest, explaining that attempting an exorcism without proper authority and support from the Church can be risky and ineffective. Distinguishing Between Mental Illness and Possession: They discuss the challenge of distinguishing between mental illness and possession. Blai explains that while temptation and influence from demons can be normal, possession involves specific signs that cannot be explained by medical or psychological conditions. The Role of Holy Objects: Demons perceive blessed and holy objects as painful. They can identify such objects and react to them negatively, which helps in the diagnosis of possession. Addressing Addiction and Spiritual Affliction: Blai discusses the link between addiction, particularly to pornography, and potential spiritual affliction. He suggests that while it can be difficult to determine the exact cause, a combination of psychological and spiritual factors may be at play. Possession at a Young Age: Blai explains that in theory, someone could be possessed from birth if their parents consecrated them to the demonic. However, he notes that possession typically becomes active when a person reaches an age where they can make choices about sin. Receiving the Eucharist: Possessed individuals often flee the church before receiving the Eucharist, as they cannot tolerate the presence of holy things during Mass. The episode provides insights into the Catholic Church's approach to exorcism, the importance of proper authority, and the complexity of discerning possession from other conditions. Adam Blai also mentions his book "The History of Exorcism," which is available online and in major bookstores.
On this day in legal history, August 21, 1878, the American Bar Association or ABA was formed.The American Bar Association (ABA) was established on August 21, 1878, in Saratoga Springs, New York, marking a pivotal moment in American legal history. At a time when the legal profession was primarily comprised of sole practitioners, 100 lawyers from 21 states founded the ABA with the stated aim of advancing jurisprudence, promoting justice, and ensuring uniformity of legislation. Since its inception, the ABA has grown to represent approximately half of all lawyers in the United States, with additional categories of associate and international memberships.Throughout its history, the ABA has not been without its warranted criticisms and controversies. The Association's past stances on race led to marked scrutiny, with a notable incident in 1912 where William H. Lewis's admission was rescinded due to his race, a policy only changed in 1943. This legacy spurred the creation of the National Bar Association by African-American lawyers in 1925. In recent years, the ABA has made attempts to increase diversity, such as electing its first African American and Hispanic-American presidents and achieving a majority-female roster of officers in 2016. More recently, criticism extends to policy positions, drawing ire particularly from conservative viewpoints for its stances on issues like abortion, gun control, and same-sex marriage. Additional criticism has been directed at the ABA's failure to keep pace with the changing demands of modern society, its resistance to regulatory reform, and its handling of the practice of law in modernity. A federal judge in Washington, D.C., has ruled that AI-generated art does not qualify for copyright protection as it lacks human authorship. The case was brought by computer scientist Stephen Thaler, who sought copyright registration for a piece created by his AI program "Creativity Machine," but the U.S. Copyright Office denied his application. Judge Beryl A. Howell's decision is the first in the U.S. to define legal boundaries for AI-generated art, a rapidly growing field. Citing previous cases where non-human creations were denied copyright protection, Howell stated that courts have consistently refused to recognize copyright in works without human involvement. The ruling opens up questions about how much human input is required for AI-generated works to qualify for copyright and how to determine the originality of such art. Thaler's attorney plans to appeal, but the Copyright Office believes the court's decision was correct. The ruling adds to an ongoing debate about copyrightability in the era of AI, as the Copyright Office recently granted limited copyright registration for an AI-assisted graphic novel, further complicating the issue.AI-Generated Art Lacks Copyright Protection, D.C. Court Says (1)A federal judge has rejected a $6 million class settlement between Tesla Inc. and homeowners who claimed the company engaged in a bait-and-switch with rooftop solar panel prices. In 2016, Tesla introduced a solar panel that resembled a tiled roof, and plaintiffs Matthew Amans and Babek Malek alleged that the company initially lured customers with a low cost before hiking the prices in April 2021. The proposed settlement included specific sums for customers who incurred additional costs or chose to proceed at the increased price. The plaintiffs asked Judge Vince Chhabria to preliminarily approve the deal in June, which would cover around 8,200 class members. However, Judge Chhabria denied the approval motion, stating that the filing didn't adequately explain the case's strengths and weaknesses or sufficiently clarify how the parties calculated the relief amounts. The case was dismissed without prejudice which means we will see a refiling of the motion for preliminary approval of class action settlement. Tesla $6 Million Solar Roof Price-Hike Deal Rejected by JudgeAn investor in AMC Entertainment Holdings Inc. will drop a lawsuit demanding a board election at the movie theater chain, as the company has scheduled its first general shareholder meeting in over a year for November 8. The parties agreed to dismiss the litigation in Delaware's Court of Chancery with prejudice, meaning the case cannot be refiled. The lawsuit was filed in July, in conjunction with a separate shareholder case over AMC's APE units. An approved nine-figure settlement on August 11 allowed AMC to enact a plan to convert its preferred stock to common shares, with APE units ceasing to trade on August 25. The Chancery Court denied a motion to stop the conversion from one objecting investor. Meanwhile, another AMC investor filed a new lawsuit this week alleging that the settlement shortchanges APE holders. In a related development, AMC has sued its insurers in Delaware Superior Court for refusing to fund the settlement.AMC Investor Agrees to Drop Lawsuit Over Chain's Annual MeetingCalifornia's Department of Motor Vehicles (DMV) is investigating "recent concerning incidents" involving General Motors' autonomous vehicle unit Cruise, after a robotaxi was involved in a collision with an emergency vehicle in San Francisco. The DMV has requested Cruise to reduce its active fleet by 50% until the investigation is completed and road safety improvements are made, a request Cruise has agreed to. The accident occurred when a fire truck operating in an emergency mode collided with one of Cruise's cars, resulting in non-life-threatening injuries to the sole passenger. Cruise stated that the car identified the risk and initiated a braking maneuver but was unable to avoid the crash. This incident comes after the California Public Utilities Commission (CPUC) voted to allow Cruise and Waymo's robotaxis to operate at all hours and charge passengers in San Francisco, despite opposition. Following the accident, City Attorney David Chiu has requested a halt to CPUC's decision, citing that the technology is not yet ready.California regulator probes crashes involving GM's Cruise robotaxis | Reuters Get full access to Minimum Competence - Daily Legal News Podcast at www.minimumcomp.com/subscribe
On this day in legal history, on August 18, 1920, the Nineteenth Amendment to the United States Constitution was ratified by the states – beginning in earnest the path to women's suffrage. The fight for women's suffrage in the United States began after the war for independence, where most states denied women the right to vote. Throughout the 19th century, leaders like Lucretia Mott, Elizabeth Cady Stanton, and Susan B. Anthony worked tirelessly for women's voting rights, organizing protests, marches, and lobbying efforts. In 1878, a women's suffrage amendment was introduced, but it was rejected by the Senate in 1887. However, many western states began to grant women full or partial voting rights, such as Wyoming, Colorado, and Idaho. Following World War I, the suffrage movement gained momentum, and President Wilson began to support it in 1918. Despite initial failures to pass the amendment, Wilson called a special session of Congress, and the woman's suffrage amendment was approved by Congress on June 4, 1919. Several states quickly ratified the amendment, but ratification faced opposition in states like Alabama and Georgia. The fate of the 19th Amendment rested with Tennessee, where supporters and opponents lobbied fiercely. After a dramatic series of events, including legislators fleeing to prevent a vote, the Tennessee House of Representatives voted in favor of ratification. On August 18, 1920, the 19th Amendment was ratified, which paved the way for American women the right to vote, a monumental step in the long and ongoing journey towards gender equality in the United States.The 19th Amendment, ratified on August 18, 1920, is often celebrated as a milestone in women's voting rights in the U.S. It was designated in 1976 as Women's Equality Day and its centennial in 2020 was marked with various commemorations. However, this view overlooks the reality that the amendment did not grant the vote to all women, only stating that voting rights could not be denied on account of sex. After its ratification, states could still employ voter suppression tactics like poll taxes, effectively keeping many Black, Latina, Indigenous, and Asian American women from voting. These suppression tools largely benefited white women, reflecting the interests of white suffragists who were willing to sacrifice the rights of others to gain support for the amendment. Despite this limited initial progress, activism for women's voting rights continued, leading to major victories like the Voting Rights Act of 1965, and, one hopes, more major victories in the name of equality in the years to come. In sum, we should celebrate the ratification of the 19th Amendment, while still recognizing it was not a panacea to inequity but rather a step, and the struggle for true equality in voting rights persists to this day.19th Amendment anniversary: The amendment's passage didn't give women the right to vote - VoxBloomberg Law has a report detailing the effect of the impending student loan cliff.The impending end of pandemic-era student debt forgiveness programs has increased pressure on employers to aid workers with upcoming payments, reducing the attractiveness of a 401(k) loan matching program set to begin next year under the SECURE 2.0 Act. This new provision would have allowed employers to match student loan repayments like retirement plan deferrals, aiming to boost employee 401(k)s. However, immediate payment demands are driving employers to look for more direct financial help. With nearly 46 million borrowers facing interest accruals in September and regular bills in October, more than half of workers aged 25-40 are seeking student loan support at work. Despite the SECURE 2.0's intention, confusion remains among employers, leading some to seek alternatives like financial wellness programs and coaching services. Only about 8% of employers offer direct repayment assistance, although this number has doubled since 2020 under a CARES Act provision that allows tax-free company contributions to loans. This provision is emerging as more attractive to some companies than SECURE 2.0. Many misunderstandings about the SECURE 2.0 provision have left employers uncertain, and the IRS has yet to issue clear guidance. The focus on immediate student loan payoffs or coaching has become a method for talent recruitment and retention, reflecting a shift in priorities from retirement savings to current financial burdens.401(k) Law's Appeal Fades as Workers Face Student Debt DeadlinesAMC Entertainment Holdings Inc. is facing a challenge to its court-approved stock conversion plan from a preferred shareholder, Michael Simons, who claims the deal undervalues investors like him. The plan, approved by Delaware's Court of Chancery, would convert AMC's preferred stock (APEs) to common shares, including extra shares for individual investors. Thousands of investors opposed the deal, fearing their shares would be diluted. Simons is now asking the court to declare the deal invalid, alleging that it violates the rights of APE holders by not adjusting for any dilution. The lawsuit argues that AMC should distribute the same amount of new stock to APE holders as to common shareholders to avoid diluting ownership interests. The approved settlement came after a contentious legal battle, with many retail investors urging the court to block the plan, claiming that AMC owed them more for saving the company from bankruptcy during the meme stock rally. The dispute started when a pension fund sued AMC, claiming it was sidelining small investors. Despite revisions to include extra shares, many individual investors continued to oppose the plan. Vice Chancellor Morgan Zurn approved the settlement, highlighting that additional shares would offset the dilutive effects, but it's unclear when the conversion will occur. Separately, AMC has sued its insurers for refusing to fund the settlement, and another common stockholder is seeking a court order for the company to hold its first annual meeting and board election in over a year.AMC Investor Challenges Court-Approved APE Stock Conversion PlanAttorney John Eastman, indicted in Georgia in connection to efforts to overturn the 2020 presidential election, is awaiting a ruling on his request to postpone his California disciplinary trial while his criminal case progresses. State Bar Court Judge Yvette D. Roland is considering Eastman's request for a stay or abatement of proceedings pending the resolution of his federal criminal investigation and trial. The disciplinary trial is scheduled to resume on August 22, and the defense is seeking a stay until Eastman is "out of harm's way" concerning the Georgia indictment. Roland stated she would rule shortly on the request and is considering a partial stay, but not a total abatement of the action. Bar prosecutors have opposed the postponement request, labeling it an "opportunistic attempt to delay." Eastman's attorney, Randall A. Miller, argued the situation is now more severe, as it affects not just Eastman's license to practice law but his freedom. Eastman, along with former President Donald Trump and 17 others, was indicted on August 14 on charges including racketeering in Georgia. Eastman was previously charged by the California State Bar with 11 ethical and statutory obligations related to efforts to undermine the 2020 election results. He is contending that he can assert the Fifth Amendment privilege to prevent testifying, though Judge Roland said this cannot be done as a blanket claim. The trial has also been complicated by out-of-state witnesses refusing to testify for Eastman, fearing reprisals. Roland has asked the bar to reschedule witnesses for August 22.Eastman Disciplinary Trial After Georgia Indictment in LimboA Republican U.S. lawmaker, House Oversight Committee Chairman James Comer, is heading a congressional probe into Hunter Biden's business dealings and has asked the National Archives for unredacted emails and documents from 2015 and 2016 between President Joe Biden and his son. These years correspond to when Joe Biden was vice president and his son was on the board of the Ukrainian energy company, Burisma. House Republicans are considering a possible impeachment inquiry against President Biden, partly based on allegations of financial misconduct involving the president, his son, and other family members. The White House has strongly denied these allegations, and no evidence of financial misconduct by the president has been produced. U.S. special counsel David Weiss, who is investigating Hunter Biden, said that a trial might be possible on charges of tax evasion and a gun charge after a judge refused a plea deal. This situation could lead to a criminal trial for Hunter Biden while his father seeks reelection. A former business associate of Hunter Biden, Devon Archer, has testified that although the younger Biden gave the impression of leverage because of his father, he was not aware of any wrongdoing by the elder Biden. Comer has alleged that the evidence reveals "access was wide open" for influence peddling in the Biden family, and he has called on the National Archives to provide the unredacted records to further the investigation. Hunter Biden pleaded not guilty in July to charges of failing to pay taxes on more than $1.5 million in income, and he faces a separate charge related to unlawfully owning a firearm while using illegal drugs.US House Republicans seek Joe Biden's emails from National Archives | ReutersThe California attorney general's office is investigating whether Kroger's $24.6 billion plan to acquire rival Albertsons would result in more "pharmacy deserts" in poorer urban and rural areas, according to sources familiar with the review. Pharmacy deserts refer to neighborhoods where access to a pharmacy requires walking or taking a bus more than a half mile, or in driving areas, being more than a mile from a pharmacy. California Attorney General Rob Bonta has expressed deep concern over the proposed merger, which would create a grocery chain with nearly 5,000 stores. The Federal Trade Commission is leading a federal probe into the matter, speaking with experts in food deserts, farming, and smaller grocery chains. The deal's impact on low-income individuals and access to pharmacy services, including vaccinations, has been a particular focus. Despite the companies' pledge to close no stores, some fear that less profitable stores may be closed, restricting access to pharmacies. A Kroger spokesperson stated that the company is working with antitrust enforcers to ensure stores remain open and viable, including those with pharmacies.California probes 'pharmacy deserts' in Kroger's Albertsons deal-sources | Reuters Get full access to Minimum Competence - Daily Legal News Podcast at www.minimumcomp.com/subscribe
Are corporate lobbyists using the secretive process that updates the general corporation law to impact a pending settlement? Chance from Chancery Daily joins Rob in the bunker to talk about how an AMC case in Chancery Court might be affected by Delaware's yearly update to the corporate law, and why the Delaware Way should be about integrity and not secrecy.Show Notes:Hal Weitzman episodeChancery Daily substackSB 114
0:00 -- Intro.3:45 -- Start of interview.5:09 -- Leo's "origin story". His focus on public service, and work for then Delaware Governor (now U.S. Senator) Tom Carper.9:41 -- On his time at Skadden's Wilmington office.11:52 -- On his time at the Delaware Court of Chancery and as Chief Justice of the Delaware Supreme Court. 15:32-- His views on the evolution (and strengths) of the Delaware Court of Chancery. Its symbiosis with the SEC. "The courts in Delaware are not infected by partisanship." "Our brand is everything." "Delaware is not a tax haven."24:40 -- On companies leaving Delaware or the US (via inversions). "We do not impede the flow of capital."28:34 -- Why he wrote his new paper "Good Corporate Citizenship We Can All Get Behind?: Toward A Principled, Non-Ideological Approach To Making Money The Right Way." (December 7, 2022). 78 Bus. Law. 329 (2023), "The old word for ESG was CSR, this is not a new debate." "ESG is a proxy for good corporate citizenship, it's about making money the right way."38:28 -- His proposed Model of Good, Non-Ideological Corporate Citizenship. "Make money without making harm". Reference to paper "Companies Should Maximize Shareholder Welfare Not Market Value" by Hart & Zingales. 44:49 -- On corporate political spending. "Corporate law has often policed conflict transactions." The role of the board in this process. The function of independent directors. Jack Bogle: "Institutional investors should insist that the proxy statement of each company in which they invest contain the following: Resolved: That the corporation shall make no political contributions without the approval of the holders of at least 75 percent of its shares outstanding.” "Citizens United is sort of a white whale of mine." "I would like to see Profs Lucian Bebchuk, Rob Jackson and Frank Partnoy push shareholder proposals to curb corporate political spending."58:16 -- On institutional investors' role (and challenges) in corporate governance. "I don't like the fact that [large asset managers] may be trying to escape their responsibility by passing through the voting." "With power should come responsibility."1:08:27 -- The complexity of climate change discourse: "actuaries and scientists agree on this problem." "Thanksgiving dinner behavior needs to be where we are on the business community."1:12:03 -- The books that have greatly influenced his life: Down and Out in Paris and London, by George Orwell (1933)Road to Wigan Pier, by George Orwell (1937)Simple books that his parents gave him when he was a child.1:14:30 -- His mentors, and what he learned from them: The two judges that he clerked for, Rod Ward (founder and longtime leader of Skadden's Wilmington office), Senator Tom Carper, his colleagues at the Delaware Chancery Court, Marty Lipton, Bob Clark and Michael Wachter, his wife.1:18:30 -- Quotes he thinks of often or lives his life by: "Clown time is over." (Elvis Costello). "Be yourself, unless of course you are an asshole, in which case be someone else."1:20:23 -- An unusual habit or an absurd thing that he loves: Lyrics. "I have stuck in my head pretty much every pop song of the 1970s" ("life is stuck in two decades: for me, it's the 1970s and the 1990s"). 1:23:13 -- The living person he most admires: the people who do the hardest jobs with no public glory. Leo E Strine, Jr. is Of Counsel in the Corporate Department at Wachtell, Lipton, Rosen & Katz. Prior to joining the firm, he was the Chief Justice of the Delaware Supreme Court from early 2014 through late 2019. Before becoming the Chief Justice, he served on the Delaware Court of Chancery as Chancellor since June 22, 2011, and as a Vice Chancellor since November 9, 1998.__ You can follow Evan on social media at:Twitter: @evanepsteinLinkedIn: https://www.linkedin.com/in/epsteinevan/ Substack: https://evanepstein.substack.com/__You can join as a Patron of the Podcast at:Patreon: patreon.com/BoardroomGovernancePod__Music/Soundtrack (found via Free Music Archive): Seeing The Future by Dexter Britain is licensed under a Attribution-Noncommercial-Share Alike 3.0 United States License
Joining the Yet Another Value Podcast today is the Editor and Co-Founder of The Chancery Daily to have a stirring conversation about the wild $AMC / Apes Case. To say The Chancery Daily has been covering every detail of this case would be an understatement and the following interview will wholly confirm that. To subscribe and catch up on all aspects of the $AMC / Apes case, as well as to subscribe The Chancery Daily substack, please visit: https://thechancerydaily.substack.com/ Chapters: [0:00] Introduction + Episode sponsor: Stream by Alphasense [1:50] $AMC / Ape Lawsuit overview [10:02] Conversion of Apes and AMC share into one share class with Ontario Capital and what happened at the shareholder meeting [18:53] Why are $AMC shareholders suing to block the Ape/$AMC share consolidation [21:38] Current status on shareholder vote [26:38] What are the objectors mainly objecting to? [36:28] Hedge funds - what are they getting wrong about this case? [38:22] Baseline expectation of the settlement, is it realistic? [47:30] Delaware legislation impact on the $AMC case [51:46] Proposals for what objectors want to see from $AMC [53:39] Is there any liability from $AMC to ape buyers? [58:32] Appeal rights post-settlement [1:05:57] Final thoughts on the whole $AMC / Apes case Today's episode is sponsored by: Stream by Alphasense Are traditional expert calls in the investment world becoming obsolete? According to Stream, they are, and you can access primary research easily and efficiently through their platform. With Stream, you'll have the right insights at your fingertips to make the best investment decisions. They offer a vast library of over 26,000 expert transcripts, powered by AI search technology. Plus, they provide competitive rates on expert call services, and you can even have an experienced buy-side analyst conduct the calls for you. But that's not all. Stream also provides the ability to engage with experts 1-on-1 and get your calls transcribed free-of-charge—all for 40% less than you would pay for 20 calls in a traditional expert network model. So, if you're looking to optimize your research process and increase ROI on investment research spend, Stream has the solution for you. Head over to their website at streamrg.com to learn more. Thanks for listening, and we'll catch you next time. For more information: https://www.streamrg.com/
Our series on the Dominion v Fox trial comes to an abrupt close with a $787.5 million settlement. Chance from Chancery Daily joins Rob and Bill again to talk about what led to this settlement, what the implications are, and how we ended up covering so many trials.Show Notes:Leo Strine InterviewChance's Twitter Thread
JPMorgan Chase, the largest financial institution on Wall Street, reportedly requires its workers to give six months' notice before being allowed to leave for another job. A JPMorgan employee posted on the social media platform Blind, which allows career professionals anonymity, that the lengthy notice period may result in a new job offer being rescinded. The worker claims to earn around $400,000 annually in total compensation after accumulating 15 years of experience. The post stated that the worker was amenable to staying through the notice period but was worried that the new employer would rescind the offer and not wait for six months. Last year, workers at JPMorgan's India corporate offices reported that the Wall Street giant was raising its notice period to 60 days for vice presidents and below and 90 days for executive directors. Some financial professionals say that it is common for banks and hedge funds to include noncompete clauses in employees' contracts that prohibit them from being hired by a competitor for up to six months. The purpose of the notice period is believed to be to prevent staffing shortages when employees leave. However, it has been criticized as an example of an outdated "handcuff" policy that runs against the trend towards worker empowerment. And it may do more than just run against current trends. We have reported in the past on the FTC's increasing attention given to things like non-compete agreements and other employment contract provisions that tend towards the more employee-restrictive end of the management–labor spectrum. Will the FTC be putting JPMorgan in its crosshairs next? We'll see!JPMorgan's Six-Month Notice Rule Is an Old School ‘Handcuff'JPMorgan Chase ‘requires its tech workers give 6 months' notice before they quit'AMC Entertainment Holdings Inc. will appear in Delaware's Court of Chancery on Tuesday to face shareholders and a pension fund challenging the movie theater operator's attempts to convert its preferred equity units into common stock. A hearing for AMC Entertainment Holdings Inc. previously scheduled for Thursday was canceled, with a new one set for Tuesday, where Vice Chancellor Morgan Zurn will discuss "settlement scheduling and logistics." The proposed deal would let AMC move forward with its controversial conversion plan after two months of fast-tracked litigation. The preferred equity units (APE) are fractional units of preferred shares issued in a special dividend to retail investors who previously bailed out the company, but shareholders argue that the vote approving the deal wasn't conducted fairly and sidelines retail investors.Terminally online folks will remember, in early 2021, a group of retail investors on the social media platform Reddit, specifically on the subreddit r/wallstreetbets, organized a buying spree of shares in the struggling movie theater chain AMC Entertainment (AMC). The group coordinated their purchases through online brokerage platforms such as Robinhood, causing a surge in the stock's price. The phenomenon, dubbed the "Reddit rally" or "meme stock" frenzy, garnered widespread media attention and attracted more investors to join in the buying frenzy. The buying spree caused AMC's stock price to soar, rising by over 2,500% at one point. This Week in Chancery Court: AMC's Stock Conversion FightSamsung has been ordered to pay more than $303 million to computer-memory firm Netlist by a Texas federal jury for infringing several patents related to data processing. The court determined that Samsung's “memory modules” for high-performance computing infringed all five patents that Netlist had accused Samsung of violating. Netlist had asked for $404 million in damages. Netlist claimed that Samsung took its patented module technology after the two companies had collaborated on another project. Representatives for the companies have not immediately commented on the verdict.Netlist Inc has claimed that Samsung's memory products specifically used in cloud-computing servers and other data-intensive technology infringe upon the aforementioned. Netlist argues that its technology increases the power efficiency of memory modules and allows users to get useful information from vast amounts of data in a shorter time. However, Samsung countered this by stating that its technology works differently and merely achieves the same result and that, additionally, Netlist's patents are invalid. Allegations have also been made that other companies, including Google and SK Hynix, have violated Netlist's patented technologies related to the handshaking mechanism of various memory chips such as those used in enterprise cloud computing servers. Following the jury's verdict awarding more than $303 million to Netlist, the company's stocks rose by 21%.Samsung hit with $303 million jury verdict in computer-memory patent lawsuit | ReutersIn an update to the Federal Circuit judge competency story – Judge Pauline Newman, the Federal Circuit's oldest and longest-serving judge, is seeking to have her chief judge's complaint about her fitness to remain on the bench moved to a different circuit. The New Civil Liberties Alliance, which represents Newman, has filed a letter requesting the transfer to a potentially more neutral venue. The internal court battle has raised issues about the process for addressing a judge's alleged physical and mental impairments and lifetime judicial appointments. The complaint was initiated by Chief Judge Kimberly Moore under the Judicial Conduct and Disability Act, questioning Newman's physical and mental ability to remain an active judge. Newman and the NCLA intend to contest the allegations. The group has also asked that Newman be immediately restored to her full capacity as a Federal Circuit judge. Judge Newman Seeks to Move Fitness Complaint From Fed. Cir. (1) Get full access to Minimum Competence - Daily Legal News Podcast at www.minimumcomp.com/subscribe
The future of the First Amendment comes down to 12 citizens of New Castle County as the Dominion v Fox News trial arrives in Court 7E of the Leonard L Williams Justice Center. Chance from Chancery Daily joins Rob and Bill in the virtual bunker to talk about what this case entails and what the next six weeks might look like.Show Notes:The Chancery Daily SubstackMore Chancery Daily links
In this episode, CII General Counsel Jeff Mahoney interviews Frederick Alexander, CEO of The Shareholder Commons, on McRitchie v. Zuckerberg - a class-action lawsuit filed on October 3, 2022, in the Delaware Court of Chancery.The complaint alleges that the directors of Meta Platforms breached their fiduciary duties by ignoring the impact of the companies' operations on the diversified portfolios of its shareholders.
The Corporation Of The City Of London• City of London, municipal corporation and borough, London, England. Sometimes called “the Square Mile,” it is one of the "33" boroughs that make up the large metropolis of Greater London. The borough lies on the north bank of the River Thames between the Temple Bar memorial pillar (commemorating the old Temple Bar gate) and the base of Tower Hill. The City Corporation is Britain's oldest local government; it has the status of a county, with powers that exceed those of London's "32" other boroughs, notably the control of its own police force. “The City,” as it is known, is only a component, relatively small in area, of the larger urban area known as London. Its area corresponds closely to that of the ancient city from which modern London has grown. The City belongs geographically to the historic county of Middlesex, but its special status and privileges gave it autonomy from that county for most of its history. Britannica The Latin motto of the City is Domine dirige nos, which translates as "Master, direct (guide) us". It appears to have been adopted in the 17th century, as the earliest record of it is in 1633. A banner of the arms (the design on the shield) is flown as a flag of the City. 14 dragon statues guarding the city of London. Many other depictions of Dragons adorn various buildings. Some inside, & some on the outer structure. Two at the main gates of the city. The crest of the city has the two dragons with the white shield and a Red Cross, & sword. The cross, & sword resemble upside down crosses. The official explanation says the crest is an homage to St. George was depicted in a fictional story saving a princess from a dragon. The story was loosely based on St. George being a Templar Knight, & is often depicted in armor riding a stallion. The Knight's Templar flags were also white with red crosses. https://londonist.com/london/secret/dragon Must Watch! Occult Symbolism On Buildings In The Corporation Of The City Of London https://www.dailymotion.com/video/x2yv8x4 Same Video On YT https://youtu.be/M9eHVWMF3XU Another Great Video Showing More Symbolism In The City https://youtu.be/8lMpTrgqt0M More Symbolism https://andrewgough.co.uk/london/ Gog, & Magog Symbolism In London https://londonist.com/2016/01/gog-and-magog-who-are-they-and-what-do-they-have-to-do-with-london We learned earlier that the Corporation City Of London is a, or the, most important city in the world for finance. Not to mention, a tax haven, & overseer of other British-controlled tax havens like the Cayman Islands, Jersey, Guernsey, the Isle of Man, the BVI, Gibraltar, & Bermuda. Elite City of London Taxhavens American banks moved their assets to "the City" to escape regulations. Secrecy Jurisdictions, Cayman Islands... https://youtu.be/-YgFDZNXPyg The Templar Temple happens to be located in the Corporation City Of Government. The very place they ran their banking empire. Also, remember that one other other main hubs for The Templars was in Switzerland. Still famous for its banks. Not to mention, suspiciously the home of the Bank For International Settlements. Explain BIS. Like the Templars, the Corporation of The City Of London is exempt from laws that others have to go by. The connections are too much to ignore. List of banks in London http://www.ukcities.co.uk/City_of_London/Financial_Services/Banks_and_Building_Societies/ City of London ‘set for exemption from new global tax rules' https://www.cityam.com/city-of-london-set-for-exemption-from-new-global-tax-rules/ Another connection• It's well known, & even admitted in some circles that Freemasonry is the offspring of The Templars. Freemasonry is predominant in the square mile. The honorable Lord Mayor of the city is closely aligned with Freemasonry, & many Lord Mayors have been Masons. As many as 5000 Freemasons March in the yearly parade celebrating the election of the new Lord Mayor. The alleged oldest Masonic Lodge is located in the city. Author Stephen Knight wrote two detailed books about the influence of Freemasonry in London. He focused especially on the various police forces, & how Masonry had created a true good ole boy network which allowed numerous criminal acts to go unpunished. Stephen explains a little bit about the structure of government in the city. Knights Templars Hidden History: World Controllers, Knights Templars, City of London, Unknown American History (1of2) https://sarahwestall.com/hidden-history-world-controllers-knights-templars-city-of-london-unknown-american-history-1of2/ Stephen Knight Book Excerpts https://x-cain.angelfire.com/cityoflondon.html Oldest Grand Lodge In London https://www.thetravel.com/the-oldest-masonic-grand-lodge/ Freemasons Hall https://www.countrylife.co.uk/architecture/grand-lodge-the-freemasons-hall-london-a-temple-to-peace-236315 Over 5,000 Freemasons and the Lord Mayor Attend the Services. Send any friend a story. https://www.nytimes.com/1897/12/03/archives/bicentenary-at-st-pauls-over-5000-freemasons-and-the-lord-mayor.html Lord Mayor Procession https://londonist.com/2015/11/deaths-hate-and-cancellations-800-years-of-the-lord-mayor-s-show?ref=related_links The Lord Mayor Of London The Guildhall Lodge was consecrated at the Mansion House, the official residence of the Lord Mayor of London, on Tuesday, 14 November 1905. Since then, no fewer than sixty-two Lord Mayors have been Masters of the Lodge, whose membership comprises both elected members of the Corporation of London and its salaried officers. https://erenow.net/common/the-brotherhood-the-secret-world-of-the-freemasons/25.php Mansion House https://www.cityoflondon.gov.uk/about-us/about-the-city-of-london-corporation/mansion-house/about-mansion-house The Remembrancer Three Corporations run the world: City of London, Washington DC and Vatican City | sinhalanet.net The City Of London Livery Companies https://www.cityoflondon.gov.uk/about-us/law-historic-governance/livery-companies In "The City" of London, Corporations get to vote, & make up about 3/4 of all voters. https://youtu.be/z1ROpIKZe-c The medieval, unaccountable Corporation of London is ripe for protest https://www.theguardian.com/commentisfree/2011/oct/31/corporation-london-city-medieval The International Bar Association Is Now located in the Temple Church where the Templar headquarters was located. The Honourable Society of the Inner Temple, commonly known as the Inner Temple, is one of the four Inns of Court and is a professional associations for barristers and judges. To be called to the Bar and practise as a barrister in England and Wales, a person must belong to one of these Inns. It is located in the wider Temple area, near the Royal Courts of Justice, and within the City of London. https://en.m.wikipedia.org/wiki/Inner_Temple Bar Association http://theftbydeception.blogspot.com/2010/02/bar-association-history-who-owns-us.html?m=1 "Leading justice scholars in the system of the UK are well aware that ....the Temple Church as the cradle of Common Law" https://knightstemplarorder.org/heritage/templar-magna-carta/ The Conspiracy About The Bar Association Quote: "The government and legal system of the United States, Canada, Austraila, New Zealand and of course Britain, is totally controlled by the Crown. I have also stated that the British Monarch is not the Crown. The Crown is the Inner City of London, which is an independent State in London belonging to the Vatican system. It is a banking cartel which has a massive system around and beneath, which hides its true power. The City is in fact the Knights Templar Church, also known as the Crown Temple or Crown Templar, and is located between Fleet Street and Victoria Embankment. The Temple grounds are also home to the Crown Offices at Crown Office Row. The Crown Temple controls the Global'Legal'system, including those in the United States, Canada,Australia, and much more; this is because all Bar Associations are franchises of the International Bar Association at the Inns of Court at Crown Temple based at Chancery Lane in London. All Bar Associations are franchises of the Crown and all Bar Attorneys/ Barristers throughout the world pledge a solemn oath to the Temple, even though many may not be aware that this is what they are doing. Bar Association 'licensed' Solicitors / Barristers must keep to their Oath, Pledge and terms of allegiance to the Crown Temple if they are to be "called to the Bar" and work in the legal profession. The ruling Monarch is also subordinate to the Crown Temple, this as been so since the reign of King John in the 13th century when Royal Sovereignty was transferred to the Crown Temple and, through this, to the Roman Church. King John 1167-1216 is the key to this deception." "The present Queen of England is not the "Crown," as we have all been led to believe. Rather, it is the Bankers and Attornies (Attorneys) who are the actual Crown or Crown Temple. The Monarch aristocrats of England have not been ruling sovereigns since the reign of King John, circa 1215. All royal sovereignty of the old British Crown since that time has passed to the Crown Temple in Chancery. The U.S.A. is not the free and sovereign nation that our federal government tells us it is. If this were true, we would not be dictated to by the Crown Temple through its bankers and attornies. The U.S.A. is controlled and manipulated by this private foreign power and our unlawful Federal U.S. Government is their pawnbroker. The bankers and Bar Attorneys in the U.S.A. are a franchise in oath and allegiance to the Crownat Chancery - the Crown Temple Church and its Chancel located at Chancery Lane - a manipulative body of elite bankers and attorners from the independent City of London who violate the law in America by imposingfraudulent "legal" - but totally unlawful - contracts on the American people. The banks Rule the Temple Church and the Attorners carry out their Orders by controlling their victim's judiciary." "The legal system (judiciary) of the U.S.A. is controlled by the CrownTemple from the independent and sovereign City of London. The private Federal Reserve System, which issues fiat U.S. Federal Reserve Notes, is financially owned and controlled by the Crown from Switzerland, the home and legal origin for the charters of the United Nations, the International Monetary Fund, the World Trade Organization, and most importantly, the Bank of International Settlements. Even Hitler respected his Crown bankers by not bombing Switzerland. The Bank of International Settlements in Basel, Switzerland [Vatican bank] controls all the central banks of the G7 nations. He who controls the gold rules the world." "The people who comprise the citizenry of a state are recognised only within natural and common law as is already established by God's Law. Only a State Citizen can be a party to an action within a State Court. A common state citizen cannot be recognised in that court because he doesn't legally exist in Crown Chancery Courts. In order to be recognised in their State Courts, the common man must be converted to that of a corporate or legal entity (a legal fiction). Now you know why they create such an entity using all capital letters within Birth Certificates issued by the State. They convert the common lawful man of God into a fictional legal entity subject to Administration by State Rules, Orders and Codes (there is no "law" within any Rule or Code). Of course, Rules, Codes, etc. do not apply to the lawful common man of the Lord of lords, so the man with inherent Godly law and rights must be converted into a legal "Person" of fictional "status" (another legal term) in order for their legal - but completely unlawful - State Judiciary (Chancery Courts) to have authority over him." The CrownTemple Article By: Rule of Mystery Babylon The Templars of the Crown https://wakeup-world.com/2013/11/05/the-crown-empire-and-the-city-of-london-corporation/
This is Garrison Hardie with your CrossPolitic Daily News Brief for Thursday, October 26th, 2022. Boniface Woodworking LLC: Boniface Woodworking exists for those who enjoy shopping with integrity; who want to buy handmade wooden furniture, gifts, and heirloom items that will last for generations. From dining tables and church pulpits to cigar humidors and everything in between; quality pieces that you can give your children’s children, tie them to their roots, and transcend the basic function of whatever they are! So, start voting with your dollars, and stop buying cheap crap from people who hate you! Visit www.bonifacewoodworking.com to see our gallery, learn our story, and submit your order for heirloom quality wood items. https://thepostmillennial.com/hundreds-of-employees-leave-twitter-for-jobs-with-meta-google-as-musk-deal-approaches?utm_campaign=64487 Hundreds of employees leave Twitter for jobs with Meta, Google as Musk deal approaches Twitter employees are leaving at rates not seen before as a result of Tesla and Space X CEO Elon Musk's takeover, Business Insider reports. Several hundred employees have left the media giant in 2022, with 530 leaving in the last three months. Many have left to competitors such as Meta and Google, the outlet reports This may not be bad news for Musk, however, as the multibillionaire reportedly has intentions of cutting staff by up to 75 percent, according to a report. Musk is set to close the deal on Friday. Musk offered to buy Twitter in April but then sought to end the acquisition a few months later, which resulted in a legal battle between him and the company. Earlier this month, Musk announced he would go through with the original offer. The Delaware Court of Chancery has given Musk until Oct. 28 to close the deal, otherwise, the matter will go to trial in November. According to Fox News, on Tesla’s earnings call last week, Musk said he was "excited about the Twitter situation." https://www.reuters.com/markets/us/us-mortgage-interest-rates-jump-716-highest-since-2001-2022-10-26/ U.S. mortgage interest rates jump to 7.16%, highest since 2001 The average interest rate on the most popular U.S. home loan rose to its highest level since 2001 as tightening financial conditions weigh on the housing sector, data from the Mortgage Bankers Association (MBA) showed on Wednesday. The average contract rate on a 30-year fixed-rate mortgage rose by 22 basis points to 7.16% for the week ended Oct. 21 while the MBA's Market Composite Index, a measure of mortgage loan application volume, fell 1.7% from a week earlier. Mortgage application activity is at its slowest pace since 1997. Mortgage rates have more than doubled since the beginning of the year, as the Federal Reserve pursues an aggressive path of interest rate hikes to rein in stubbornly high inflation. The central bank is expected to raise rates by 75 basis points for a fourth straight time at the conclusion of its next policy meeting on Nov. 1-2. Those actions, designed to cool the economy sufficiently to curb price pressures, have weighed heavily on the interest-rate-sensitive housing sector as expectations for Fed tightening have led to a surge in Treasury yields. The yield on the 10-year note acts as a benchmark for mortgage rates. https://www.foxnews.com/politics/biden-warns-most-covid-related-deaths-this-year-result-people-not-being-updated-their-vaccines Biden warns most COVID-related deaths this year will be result of people not being updated on their vaccines President Biden on Tuesday warned the American people that nearly every COVID-related death this year will be because people have not received the updated vaccine. Biden also called on Congress to provide the billions of dollars the administration has requested to buy additional vaccines, tests and treatments. The president’s comments come ahead of the holiday season when the weather is colder and more people are spending time indoors and contagious viruses are more likely to spread. Biden pointed to new variants in the U.S. and a rise in hospitalizations in Europe and urged people to get the latest vaccine and the flu shot. A study from the Centers for Disease Control and Prevention (CDC) earlier this year found that more than 75% of COVID-19 deaths in fully vaccinated people had occurred among those with at least four comorbidities. Biden twice tested positive for COVID-19 in July, despite being fully vaccinated and twice boosted. His physician said the president’s rare "rebound" positivity followed treatment with PAXLOVID. Later in the press conference, Biden rolled up his sleeve and got his updated COVID-19 booster shot from a member of the White House medical unit. He had to delay getting his booster, in accordance with federal health guidance, because of his infection over the summer. More than 20 million people, including nearly 1 in 5 older adults, have gotten the updated COVID-19 booster, the White House said. The vaccine has been reformulated to target the BA.4 and BA.5 subvariants of omicron, the most dominant strains in the United States. https://thepostmillennial.com/breaking-darrell-brooks-found-guilty-of-intentional-homicide?utm_campaign=64487 Darrell Brooks found guilty of intentional homicide On Wednesday morning, the jury found Darrell Brooks guilty of six counts of intentional homicide, 61 counts of reckless endangerment, six counts of hit and run, two counts of bail jumping, and one count of battery in connection to the Waukesha Christmas parade last year, where Brooks drove his SUV through the crowd. Brooks was found guilty of all charges. A hearing regarding sentencing will begin on Monday. While waiting for the jury to be brought out, Brooks once again stated that he "does not consent" to be called his legal name, and brought up "subject matter jurisdiction," stating that it has not been addressed. Brooks continued on to list of a number of requests, which Dorow acknowledged, but denied. Amidst the nearly month-long trial, Brooks has argued with Dorow on a multitude of points, causing interruptions which in many cases resulted in Brooks being moved to a neighboring courtroom to listen in. On November 21, 2021, Brooks drove through the Waukesha Christmas parade, killing six people, including members of the Dancing Grannies group which were marching in the parade, as well as children. More than 60 people were injured in the incident. Brooks was soon after identified as the suspect in the parade attack, after police discovered the red Ford Explorer seen plowing into the parade parked not far from the scene of the crime with damage to the front end of the vehicle. In addition to the Reddit post, Brooks has attempted to have the charges against him thrown out because of a reported recall on his model year of vehicle regarding the throttle body. Brooks said that a class action lawsuit has been filed alleging that the vehicle can speed up without warning due to a malfunction. Brooks brought up this point during the last days of his trial, with Dorow dismissing Brook’s requests, stating, "I've made my decision. I expect that you respect the decision at least as we are not going to debate it further." Brooks has also attempted to state that he is a "sovereign citizen," therefore not subject to the jurisdiction of the government. Dorow called Brooks’ declaration of being a sovereign citizen an "obstructionist tactic." So again, Brooks was found guilty of all charges. A hearing regarding sentencing will begin on Monday. Redballoon Not so long ago, the American dream was alive and well. Employees who worked hard were rewarded, and employers looked for people who could do the job, not for people who had the right political views. RedBalloon.work is a job site designed to get us back to what made American businesses successful: free speech, hard work, and having fun. If you are a free speech employer who wants to hire employees who focus on their work and not identity politics, then post a job on RedBalloon. If you are an employee who is being censored at work or is being forced to comply with the current zeitgeist, post your resume on RedBalloon and look for a new job. redballoon.work, the job site where free speech is still alive! www.redballoon.work https://www.foxnews.com/politics/rubio-canvasser-attack-2nd-suspect-arrested-police-say-he-confronted-victim-being-republican Rubio canvasser attack: 2nd suspect arrested, police say he confronted victim for being Republican Police in Hialeah, Florida, have arrested a second suspect for an alleged assault on a canvasser for Sen. Marco Rubio, R-Fla., that took place Sunday night. According to an arrest affidavit obtained by Fox News Digital, Jonathan Alexander Casanova joined Javier Lopez in attacking the canvasser. The document also noted that the canvasser told police that Casanova told him he could not pass through the area because he was a Republican. "After tirelessly working to bring justice to the victim, Hialeah Police Detectives have arrested and charged Jonathan Alexander Casanova for the attack which occurred on Sunday, October 23, 2022," Sgt. Jose Torres said in a statement to Fox News Digital. The arrest affidavit says that the victim – who has since been identified by local media as Chris Monzon – was walking in the neighborhood handing out fliers for Rubio and Gov. Ron DeSantis when Casanova and Lopez were blocking the sidewalk. Following an argument, the affidavit says, Lopez "rushed the victim and threw him on the ground," and then Casanova "began to kick the victim on the head as he was on the ground." While Casanova kicked him, Lopez punched Monzon in the head, police said. The affidavit says a witness then pulled Casanova off of Monzon, and then Casanova released two German shepherds from his car and walked with them over to Monzon, who was on the ground, and "began to give commands to the dogs to attack and bite" him. The police document says neighbors eventually separated everyone involved, but Casanova fled before officers arrived at the scene. The affidavit says that Lopez identified Casanova to police and that Monzon later identified Casanova via a photo line-up. Monzon also provided a sworn statement on video, which is when he said Casanova told him he could not pass because he is a Republican and threatened to have his dogs attack him. Monzon said in the statement that he tried to walk around Casanova and Lopez but that Casanova then told him he was not allowed to walk around the neighborhood and threatened to shoot him if he continued. Monzon then said he was on public property. Rubio's tweet also said that the alleged attackers said Republicans were not allowed in their neighborhood. Initially, police said they had not determined if the attack was politically motivated, and Lopez's arrest affidavit did not mention any remarks about political parties. Guys, I don’t really have much in sports for you today… maybe who do you guys have in the world series this year? The Astros are coming into the series with a perfect 7-0 record in the post season, so they’ve looked pretty good… I don’t know! Y’all should check in with our resident baseball expert Mark Dewey. Go check his show out, In The Bullpen to go get your baseball fix! But I’ll be covering the series as it unfolds. The first game is this Friday, so stay tuned.
This is Garrison Hardie with your CrossPolitic Daily News Brief for Thursday, October 26th, 2022. Boniface Woodworking LLC: Boniface Woodworking exists for those who enjoy shopping with integrity; who want to buy handmade wooden furniture, gifts, and heirloom items that will last for generations. From dining tables and church pulpits to cigar humidors and everything in between; quality pieces that you can give your children’s children, tie them to their roots, and transcend the basic function of whatever they are! So, start voting with your dollars, and stop buying cheap crap from people who hate you! Visit www.bonifacewoodworking.com to see our gallery, learn our story, and submit your order for heirloom quality wood items. https://thepostmillennial.com/hundreds-of-employees-leave-twitter-for-jobs-with-meta-google-as-musk-deal-approaches?utm_campaign=64487 Hundreds of employees leave Twitter for jobs with Meta, Google as Musk deal approaches Twitter employees are leaving at rates not seen before as a result of Tesla and Space X CEO Elon Musk's takeover, Business Insider reports. Several hundred employees have left the media giant in 2022, with 530 leaving in the last three months. Many have left to competitors such as Meta and Google, the outlet reports This may not be bad news for Musk, however, as the multibillionaire reportedly has intentions of cutting staff by up to 75 percent, according to a report. Musk is set to close the deal on Friday. Musk offered to buy Twitter in April but then sought to end the acquisition a few months later, which resulted in a legal battle between him and the company. Earlier this month, Musk announced he would go through with the original offer. The Delaware Court of Chancery has given Musk until Oct. 28 to close the deal, otherwise, the matter will go to trial in November. According to Fox News, on Tesla’s earnings call last week, Musk said he was "excited about the Twitter situation." https://www.reuters.com/markets/us/us-mortgage-interest-rates-jump-716-highest-since-2001-2022-10-26/ U.S. mortgage interest rates jump to 7.16%, highest since 2001 The average interest rate on the most popular U.S. home loan rose to its highest level since 2001 as tightening financial conditions weigh on the housing sector, data from the Mortgage Bankers Association (MBA) showed on Wednesday. The average contract rate on a 30-year fixed-rate mortgage rose by 22 basis points to 7.16% for the week ended Oct. 21 while the MBA's Market Composite Index, a measure of mortgage loan application volume, fell 1.7% from a week earlier. Mortgage application activity is at its slowest pace since 1997. Mortgage rates have more than doubled since the beginning of the year, as the Federal Reserve pursues an aggressive path of interest rate hikes to rein in stubbornly high inflation. The central bank is expected to raise rates by 75 basis points for a fourth straight time at the conclusion of its next policy meeting on Nov. 1-2. Those actions, designed to cool the economy sufficiently to curb price pressures, have weighed heavily on the interest-rate-sensitive housing sector as expectations for Fed tightening have led to a surge in Treasury yields. The yield on the 10-year note acts as a benchmark for mortgage rates. https://www.foxnews.com/politics/biden-warns-most-covid-related-deaths-this-year-result-people-not-being-updated-their-vaccines Biden warns most COVID-related deaths this year will be result of people not being updated on their vaccines President Biden on Tuesday warned the American people that nearly every COVID-related death this year will be because people have not received the updated vaccine. Biden also called on Congress to provide the billions of dollars the administration has requested to buy additional vaccines, tests and treatments. The president’s comments come ahead of the holiday season when the weather is colder and more people are spending time indoors and contagious viruses are more likely to spread. Biden pointed to new variants in the U.S. and a rise in hospitalizations in Europe and urged people to get the latest vaccine and the flu shot. A study from the Centers for Disease Control and Prevention (CDC) earlier this year found that more than 75% of COVID-19 deaths in fully vaccinated people had occurred among those with at least four comorbidities. Biden twice tested positive for COVID-19 in July, despite being fully vaccinated and twice boosted. His physician said the president’s rare "rebound" positivity followed treatment with PAXLOVID. Later in the press conference, Biden rolled up his sleeve and got his updated COVID-19 booster shot from a member of the White House medical unit. He had to delay getting his booster, in accordance with federal health guidance, because of his infection over the summer. More than 20 million people, including nearly 1 in 5 older adults, have gotten the updated COVID-19 booster, the White House said. The vaccine has been reformulated to target the BA.4 and BA.5 subvariants of omicron, the most dominant strains in the United States. https://thepostmillennial.com/breaking-darrell-brooks-found-guilty-of-intentional-homicide?utm_campaign=64487 Darrell Brooks found guilty of intentional homicide On Wednesday morning, the jury found Darrell Brooks guilty of six counts of intentional homicide, 61 counts of reckless endangerment, six counts of hit and run, two counts of bail jumping, and one count of battery in connection to the Waukesha Christmas parade last year, where Brooks drove his SUV through the crowd. Brooks was found guilty of all charges. A hearing regarding sentencing will begin on Monday. While waiting for the jury to be brought out, Brooks once again stated that he "does not consent" to be called his legal name, and brought up "subject matter jurisdiction," stating that it has not been addressed. Brooks continued on to list of a number of requests, which Dorow acknowledged, but denied. Amidst the nearly month-long trial, Brooks has argued with Dorow on a multitude of points, causing interruptions which in many cases resulted in Brooks being moved to a neighboring courtroom to listen in. On November 21, 2021, Brooks drove through the Waukesha Christmas parade, killing six people, including members of the Dancing Grannies group which were marching in the parade, as well as children. More than 60 people were injured in the incident. Brooks was soon after identified as the suspect in the parade attack, after police discovered the red Ford Explorer seen plowing into the parade parked not far from the scene of the crime with damage to the front end of the vehicle. In addition to the Reddit post, Brooks has attempted to have the charges against him thrown out because of a reported recall on his model year of vehicle regarding the throttle body. Brooks said that a class action lawsuit has been filed alleging that the vehicle can speed up without warning due to a malfunction. Brooks brought up this point during the last days of his trial, with Dorow dismissing Brook’s requests, stating, "I've made my decision. I expect that you respect the decision at least as we are not going to debate it further." Brooks has also attempted to state that he is a "sovereign citizen," therefore not subject to the jurisdiction of the government. Dorow called Brooks’ declaration of being a sovereign citizen an "obstructionist tactic." So again, Brooks was found guilty of all charges. A hearing regarding sentencing will begin on Monday. Redballoon Not so long ago, the American dream was alive and well. Employees who worked hard were rewarded, and employers looked for people who could do the job, not for people who had the right political views. RedBalloon.work is a job site designed to get us back to what made American businesses successful: free speech, hard work, and having fun. If you are a free speech employer who wants to hire employees who focus on their work and not identity politics, then post a job on RedBalloon. If you are an employee who is being censored at work or is being forced to comply with the current zeitgeist, post your resume on RedBalloon and look for a new job. redballoon.work, the job site where free speech is still alive! www.redballoon.work https://www.foxnews.com/politics/rubio-canvasser-attack-2nd-suspect-arrested-police-say-he-confronted-victim-being-republican Rubio canvasser attack: 2nd suspect arrested, police say he confronted victim for being Republican Police in Hialeah, Florida, have arrested a second suspect for an alleged assault on a canvasser for Sen. Marco Rubio, R-Fla., that took place Sunday night. According to an arrest affidavit obtained by Fox News Digital, Jonathan Alexander Casanova joined Javier Lopez in attacking the canvasser. The document also noted that the canvasser told police that Casanova told him he could not pass through the area because he was a Republican. "After tirelessly working to bring justice to the victim, Hialeah Police Detectives have arrested and charged Jonathan Alexander Casanova for the attack which occurred on Sunday, October 23, 2022," Sgt. Jose Torres said in a statement to Fox News Digital. The arrest affidavit says that the victim – who has since been identified by local media as Chris Monzon – was walking in the neighborhood handing out fliers for Rubio and Gov. Ron DeSantis when Casanova and Lopez were blocking the sidewalk. Following an argument, the affidavit says, Lopez "rushed the victim and threw him on the ground," and then Casanova "began to kick the victim on the head as he was on the ground." While Casanova kicked him, Lopez punched Monzon in the head, police said. The affidavit says a witness then pulled Casanova off of Monzon, and then Casanova released two German shepherds from his car and walked with them over to Monzon, who was on the ground, and "began to give commands to the dogs to attack and bite" him. The police document says neighbors eventually separated everyone involved, but Casanova fled before officers arrived at the scene. The affidavit says that Lopez identified Casanova to police and that Monzon later identified Casanova via a photo line-up. Monzon also provided a sworn statement on video, which is when he said Casanova told him he could not pass because he is a Republican and threatened to have his dogs attack him. Monzon said in the statement that he tried to walk around Casanova and Lopez but that Casanova then told him he was not allowed to walk around the neighborhood and threatened to shoot him if he continued. Monzon then said he was on public property. Rubio's tweet also said that the alleged attackers said Republicans were not allowed in their neighborhood. Initially, police said they had not determined if the attack was politically motivated, and Lopez's arrest affidavit did not mention any remarks about political parties. Guys, I don’t really have much in sports for you today… maybe who do you guys have in the world series this year? The Astros are coming into the series with a perfect 7-0 record in the post season, so they’ve looked pretty good… I don’t know! Y’all should check in with our resident baseball expert Mark Dewey. Go check his show out, In The Bullpen to go get your baseball fix! But I’ll be covering the series as it unfolds. The first game is this Friday, so stay tuned.
844: Business Divorce, Jonathan Stemerman, Armstrong Teasdale Business Divorce Jonathan Stemerman, Armstrong Teasdale – The Sharkpreneur podcast with Seth Greene Episode 844 Jonathan Stemerman Jonathan Stemerman advises clients in a wide variety of complex litigation, transactional and insolvency matters. He concentrates his practice in the areas of corporate, commercial and bankruptcy litigation, as well as corporate transactions, workouts and restructurings. Jon has represented clients in numerous corporate and complex commercial litigation cases in Delaware and Pennsylvania. He frequently litigates matters in Delaware's Court of Chancery, including actions involving breach of fiduciary duty, business divorce, receiverships, and books and records requests. Additionally, he represents both plaintiffs and defendants in breach of contract actions and other complex commercial disputes in state and federal courts. He regularly serves as counsel to debtors, creditors and trustees in a wide variety of bankruptcy matters. Jon often represents plaintiffs and defendants in preferential transfer and fraudulent conveyance actions. He also advises clients in bankruptcy matters involving the sale or purchase of assets, assumption and assignment of leases and contracts, and intellectual property issues. He also assists debtors and creditors in out-of-court restructuring and workouts. Further, Jon represents startups and emerging companies in transactional matters, including entity formation, investment rounds and wind downs. Jon also counsels clients on D&O insurance coverage matters, including issues surrounding the duty to defend, priority of payment, advancement and indemnification. He has defended entities in Delaware in bad faith denial of coverage and advancement actions. A certified Lean Six Sigma Green Belt, Jon leverages his skill set to provide cost efficiencies to his clients. He is also active in the American Bar Association, having held various leadership roles throughout his career. Listen to this illuminating Sharkpreneur episode with Jonathan Stemerman about business divorce. Here are some of the beneficial topics covered on this week's show: - Why it's important to envision a way out of the business when you're going into business with someone else. - How business partners must reach out to a professional when they can't agree on how to solve a dividing issue. - Why compromises must be made during any merger or acquisition. - How you must always read what you sign before you sign it. - Why it's important to be honest and up front with what you can provide your clients as an attorney. Connect with Jonathan: Guest Contact Info Twitter @AT_Law Facebook facebook.com/ArmstrongTeasedaleLLP LinkedIn linkedin.com/company/armstrongteasdale Links Mentioned: armstongteasdale.com Learn more about your ad choices. Visit megaphone.fm/adchoices
You've likely heard that Elon Musk wanted to buy Twitter… and that he is now trying to get out of buying Twitter… and that at first he wanted to defeat the bots on Twitter… but now he's apparently surprised that there are lots of bots on Twitter. It's a spectacle made for the headlines, but it's also, at its core, a regular old corporate law dispute. This week on Arbiters of Truth, our series on the online information ecosystem, Evelyn Douek spoke with Adriana Robertson, the Donald N. Pritzker Professor of Business Law at the University of Chicago Law School, to talk about the legal issues behind the headlines. What is the Delaware Court of Chancery in which Musk and Twitter are going to face off? Will it care at all about the bots? And how do corporate lawyers think and talk about this differently from how it gets talked about in most of the public conversation about it?Support this show http://supporter.acast.com/lawfare. See acast.com/privacy for privacy and opt-out information.
If you’re planning a trip to Europe anytime soon, now is the time to exchange your dollars for euros. For the first time in 20 years, $1 is nearly equal to one euro. We’ll talk about what it means for the global economy. Plus, mini-explainers on carry trades and Sri Lankas’s economy. And the moment space geeks have been waiting for: The first image from the James Webb Space Telescope is here, and it’s a beauty! Finally, Kimberly has a 7/11 tradition, and we’re here for it! Here’s everything we talked about today: “Global population growth hits lowest rate since 1950″ from The Financial Times “Battered Euro Edges Ever Closer to Parity as Dollar Runs Rampant” from Bloomberg “What Is Delaware’s Court of Chancery and Its Role in Elon Musk’s Twitter Deal?” from The New York Times “EXPLAINER: Why Sri Lanka’s economy collapsed and what’s next” from The Associated Press “Sri Lanka Crisis Flashes Warning for Other Indebted Economies” from The Wall Street Journal “First Images from the James Webb Space Telescope” from NASA Listen: “Twenty-Four Seven” podcast Watch: Beyoncé’s “7/11” video We want to hear your answers to the Make Me Smart question: What is something you thought you knew but later found out you were wrong about? Send them our way. We’re at makemesmart@marketplace.org. Or leave us a voice message at (508) 827
If you’re planning a trip to Europe anytime soon, now is the time to exchange your dollars for euros. For the first time in 20 years, $1 is nearly equal to one euro. We’ll talk about what it means for the global economy. Plus, mini-explainers on carry trades and Sri Lankas’s economy. And the moment space geeks have been waiting for: The first image from the James Webb Space Telescope is here, and it’s a beauty! Finally, Kimberly has a 7/11 tradition, and we’re here for it! Here’s everything we talked about today: “Global population growth hits lowest rate since 1950″ from The Financial Times “Battered Euro Edges Ever Closer to Parity as Dollar Runs Rampant” from Bloomberg “What Is Delaware’s Court of Chancery and Its Role in Elon Musk’s Twitter Deal?” from The New York Times “EXPLAINER: Why Sri Lanka’s economy collapsed and what’s next” from The Associated Press “Sri Lanka Crisis Flashes Warning for Other Indebted Economies” from The Wall Street Journal “First Images from the James Webb Space Telescope” from NASA Listen: “Twenty-Four Seven” podcast Watch: Beyoncé’s “7/11” video We want to hear your answers to the Make Me Smart question: What is something you thought you knew but later found out you were wrong about? Send them our way. We’re at makemesmart@marketplace.org. Or leave us a voice message at (508) 827
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