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  1. Last 7 days
    1. centralizing reforms of Pope Gregory VII calledfor a more professionalized clergy. Church officials should now betrained administrators, versed not only in the scriptures but also inthe principles of accounting and law. A papal decree of 1079 orderedthat cathedrals should establish schools for the training of priests,
  2. Feb 2024
    1. Dubbed “litigation terrorism” by Joseph Stiglitz, the Nobel prize-winning economist. ISDS is a corporate tribunal system

      for - litigation terrorism - ISDS - corporate tribunal system - Michael Levin - multi-scale competency architecture - example - adjacency - evolutionary biology - corporate law - climate crisis

      adjacency - between - corporate law - climate crisis - evolutionary biology - cultural evolution - adjacency statement - Biologist Michael Levin's multi-scale competency architecture of evolutionary biology seems to apply here - in the field of corporate law - Corporations can be viewed as one level of a social superorganism in a cultural evolution process - Governments can be viewed similiarly, but at a higher level - The ISDS is being weaponized by the same corporations destroying the global environment to combat the enactment of government laws that pose a threat to their livelihood - Hence, the ISDS has been reconfigured to protect the destroyers of the environment so that they can avoid dealing with their unacceptable externalizations - The individual existing at the lower level of the multi-scale competency architecture(the corporation) is battling to survive against the wishes of the higher level individual (the government) in the same multi-scale competency architecture

    1. Allegation: U.S. Marshals sneak up on suspect, kick him in the head, and take turns stomping on him while he’s unconscious. Unconstitutional excessive force? Tenth Circuit: You can’t sue federal officers for violating the Constitution. (IJ filed an amicus brief urging a different course.)

      follow case, bivens, federal officer immunity

    1. In what follows, we refer to text, audio, images, and videos as “content,” and to content that is to be blocked by a CSS system as “targeted content.” This generalization is necessary. While the European Union (EU) and Apple have been talking about child sex-abuse material (CSAM)—specifically images—in their push for CSS [12], the EU has included terrorism and organized crime along with sex abuse [13]. In the EU’s view, targeted content extends from still images through videos to text, as text can be used for both sexual solicitation and terrorist recruitment. We cannot talk merely of “illegal” content, because proposed UK laws would require the blocking online of speech that is legal but that some actors find upsetting [14].

      Defining "content"

      How you define "content" in client-side scanning is key. The scope of any policies will depend on the national (and local?) laws in place.

    1. Sizilien leidet gerade unter extremer Trockenheit, die zu großen Einbußen bei der Orangenernte führt. Sie gehört zu einem anhaltenden Prozess der Aridifizierung, durch den sich die Bedingungen in Sizilien immer mehr denen im heutigen Algerien annähern. Ausführlicher Bericht in der Repubblica über die mangelnde Vorbereitung der Region auf zunehmenden Wasserstress, unter anderem die mangelnde Aufgeschlossenheit für die Regeneration von Böden und Gewässern, wie sie das Nature Restoration Law der EU vorsieht. https://www.repubblica.it/green-and-blue/dossier/siccita--gestione-acqua/2024/02/08/news/siccita_sicilia_arance-422075670/

    1. Surprisingly, the American author who is quoted most in the OED isnot Mark Twain or Emily Dickinson or Edgar Allan Poe, but rather EdwardH. Knight, a patent lawyer and expert in mechanics who wrote the AmericanMechanical Dictionary and The Practical Dictionary of Mechanics. Knight isthe seventy-fourth-most cited author in the Dictionary, quoted morefrequently than Percy Bysshe Shelley, George Eliot or Ralph Waldo Emerson(who comes in at 116, the next-most quoted American).
    2. outfangthief, a tricky entry that took Murray three people andsix letters before he nailed its definition as ‘the right of a lord of a privatejurisdiction to claim for trial a thief captured outside the jurisdiction, and tokeep any forfeited chattels on conviction’.
    3. Maitland co-wrote History of English Law with Frederick Pollock.
    4. a fellowlexicographer and one of the Dictionary People, John Stephen Farmer, hadhis own legal drama. Farmer was writing a slang dictionary with WilliamHenley, and was struggling to publish the second volume (containing theletters C and F) of his work on grounds of obscenity. Farmer took hispublisher to court for breach of contract in 1891, and tried to convince a jurythat writing about obscene words in a dictionary did not make him personallyguilty of obscenity, but he lost the case and was ordered to pay costs.Eventually, he found fresh printers and avoided the Obscene Publications Actby arguing that his dictionary was published privately for subscribers only, notthe public, and the remarkable Slang and Its Analogues by Farmer and Henleywas published in seven volumes (from 1890 to 1904), with cunt and fuck andmany other words regarded as lewd on its pages. Farmer’s legal case and thepublic outcry that ensued was a clear deterrent for Murray.
  3. Jan 2024
    1. Some observers say law enforcement’sinvestigative capabilities may be outpaced by the speed oftechnological change, preventing investigators fromaccessing certain information they may otherwise beauthorized to obtain. Specifically, law enforcement officialscite strong, end-to-end encryption, or what they have calledwarrant-proof encryption, as preventing lawful access tocertain data.

      "warrant-proof" encryption

      Law enforcement's name for "end-to-end encryption"

    1. Last time, I decided to examine the question of Donald Trump’s disqualification by starting with the important stuff and working down to the minutiae (unlike a court of law, which goes the opposite direction). I started with the most important question of all: is it even legitimate to consider declaring a candidate disqualified? Should you ever take that decision away from the voters themselves? I answered yes, if the law includes qualifications, because we live in a republic, not a democracy.
  4. Dec 2023
    1. Über einen Bericht von Oil Change International über CCS. Die Fossilindustrie hat auch auf der COP28 - zum Teil erfolgreich -versucht, CCS als Weg darzustellen Emissionen Emissionen zu vermeiden, sodass sichfossile Brennstoffe weiter nutzen lassen. Regierungen planen gerade weitere 200 Milliarden in CCS zu investieren, obwohl es sich um unausgereift Technologien handelt, die bisher vor allem eingesetzt wurden, um CO2 für die Ölförderung zu gewinnen. https://www.desmog.com/2023/12/12/oil-industry-battles-push-for-phase-out-deal-at-cop28-with-promises-to-capture-carbon/

    1. Das Bemerkenswerte an dieser Aussage ist, dass sie klar zum Ausdruck bringt, was wir in system-theoretischen Begriffen als Produktion von Komplexität durch Selektion bezeichnen könnten. DerGrundgedanke ist, dass der Zettelkasten, wenn er richtig eingerichtet ist, in der Lage sein muss, vielmehr Komplexität zu erzeugen, als in den Zettelkasten eingeführt worden ist. Das ist eben der Fall,wenn seine Innenstruktur, wie Luhmann (1992a, S. 66) es formuliert hat, „selbständige kombinatori-sche Leistungen“ ermöglicht, so dass das, was der Zettelkasten bei jeder Abfrage mitzuteilen hat, im-mer viel mehr ist, als der Benutzer selbst im Kopf hatte.

      machine translation:

      The remarkable thing about this statement is that it clearly expresses what we might call, in systems theory terms, the production of complexity by selection. The basic idea is that the Zettelkasten, when set up correctly, must be able to generate much more complexity than was introduced into the Zettelkasten. This is precisely the case if its internal structure, as Luhmann (1992a, p. 66) put it, enables “independent combinatorial performances”, so that what the Zettelkasten has to communicate with each query is always much more than that user himself had in mind.


      Perhaps a usable quote to support my own theory, but certainly nothing new to me.

      Perhaps some interesting overlap with Ashby's law of requisite variety here? Perhaps an inverse version for creating variety and complexity?

  5. Nov 2023
    1. Naughton, John. “Ashby’s Law of Requisite Variety.” Edge.org, 2017. https://www.edge.org/response-detail/27150.

    2. Ashby's law of requisite variety may also be at play for overloading our system 1 heuristic abilities with respect to misinformation (particularly in high velocity social media settings). Switching context from system 1 to system 2 on a constant basis to fact check everything in our (new digital) immediate environment can be very mentally and emotionally taxing. This can result in both mental exhaustion as well as anxiety.

    3. It would seem that people who spend too much time online experience more anxiety. Could it be that we've evolved to only be able to manage so many inputs and amounts of variety of those inputs? The experiencing of too much variety in our environments and the resultant anxiety may be a result of the limits of Ross Ashby's law of requisite variety within human systems.

      This may also be why chaos machines like Donald Trump are effective at creating anxiety in a populace whose social systems are not designed to handle so many crazy ideas at once.

      Implications for measurements of resilience?

    4. a viable system is one that can handle the variability of its environment. Or, as Ashby put it, only variety can absorb variety.
    5. Ashby came up with the concept of variety as a measurement of the number of possible states of a system. His "Law" of Requisite Variety stated that for a system to be stable, the number of states that its control mechanism is capable of attaining (its variety) must be greater than or equal to the number of states in the system being controlled.
    1. the higher the activation energy to using a tool, the less likely you are to use it. Even a small amount of friction can cause me to go, oh, who cares, can’t be bothered
    1. Der Critical Raw Materials Actt wird von Industrie-Lobbies benutzt, um Einschränkungen beim Zugang zu Rohmaterialien abzubauen, und zwar auch dann, wenn es nicht um die Energieversorgung geht. IT-, Rüstungs- und Raumfahrtindustrie versuchen von der Krisensituation bei den neuen Energien zu profitieren. Die Libéation berichtet über einen neuen Report von Lobbying-Warchdogs. Die Liste der kritischen Rohmaterialien wurde bereits von 15 auf 34 Stoffe erweitert. https://www.liberation.fr/international/europe/ue-le-critical-raw-materials-act-un-open-bar-pour-lindustrie-miniere-20231112_HZUR6376QJCZVBM5IGIUR6V2QE/

    1. Zum stark verwässerten und wenig verbindlichen Renaturierungsgesetz der EU stellt die taz fest, die EU sei als verlässliche Partnerin für die ökologische Transformation ausgefallen. Es bleibt nur noch die kommunale Ebene. https://taz.de/Schwaches-EU-Renaturierungsgesetz/!5972203/

    1. In dem sogenannten Trilog-Verfahren haben sich Vertreter:innen des europäischen Parlaments und der europäischen Kommission auf eine endgültige Version des Nature Restoration Laws geeinigt, durch die bis 2030 20% der Land- und Wasserflächen der-unter Schutz gestellt bzw. wiederhergestellt werden sollen. Vor allem aufgrund des Einflusses der europäischen Volkspartei wurde die von der Kommission vorgelegte Version des Gesetzes stark verwässert. https://www.theguardian.com/environment/2023/nov/10/eu-strikes-landmark-deal-nature-restoration-law

    1. After a Sheriff’s K-9 attacked an unarmed, surrendering track driver

      The idea that people need costly training paid for with extorted money to know not to sick an attack dog on an unarmed surrendering suspect surrounded by law enforcement officers - against the protests of highly trained law enforcement officers - is absurd.

      Also, it wasn't a Sheriff's K-9 officer, it was Circleville Police K-9 Officer Ryan Speakman.

    2. That’s paid for by the state from a $40 million fund approved by the legislature.

      Per the #JustPowers clause of The Declaration of Independence, people can't grant powers they don't have to Gov, including legislators.

      Since I can't justly extort my neighbors to fund things I want, like training for local police, the legislature cannot justly do this either.

      The alternative would be to fund police training voluntarily through donations to a "training fund". Then the police funding would depend on what the local community is willing to support - not the whims of politicians.

      "Law enforcers" are mercenaries hired to impose political edicts on the masses, and they are funded with money extorted unjustly from the populace.

      They are predators on the people, not protectors as they are portrayed in media propaganda. Their only job is to keep the political racketeers tax slaves in-line.

  6. Oct 2023
    1. He pointed out that these questions penalize the more imaginative and favor those who are content to collect facts. Therefore, multiple-choice test statistics, in all their uses, are misleading.

      He = Banesh Hoffman

      This is tangentially similar to Malcolm Gladwell's claim that standardized testing for law school privileges certain types of thinkers over others, something which creates thinkers who are good at quick things with respect to time pressures rather than slower and more deliberate thinkers who are needed at higher level functions like the Supreme Court.

      See: The Tortoise and the Hare, S4 E2 of Revisionist History https://www.pushkin.fm/podcasts/revisionist-history/the-tortoise-and-the-hare

      testing imagination versus fact memorization/simple recall compared with thinking quickly under pressure or slowly with time and increased ability to reason

    1. https://en.wikipedia.org/wiki/Shmita

      During shmita, the land is left to lie fallow and all agricultural activity, including plowing, planting, pruning and harvesting, is forbidden by halakha (Jewish law).

      The sabbath year (shmita; Hebrew: שמיטה, literally "release"), also called the sabbatical year or shǝvi'it (שביעית‎, literally "seventh"), or "Sabbath of The Land", is the seventh year of the seven-year agricultural cycle mandated by the Torah in the Land of Israel and is observed in Judaism.

    1. das Jurastudium, in dem man eine Reihe von Organisations-Trickslernte und zugleich eine Art Augenmaß,

      In this interview, Lumnann indicates that he learned a number of organizational tricks while studying law.

      What specifically were these? Relation to his ZK?


      Any relation to Bruno First's memory work which grew out of his legal studies in the early 1900s?

  7. Sep 2023
    1. Die rohölproduktion in den USA wird in diesem Jahr ein Rekord-Hoch erreichen Etwa 25% der US-Emissionen werden durch Öl und Gas verursacht, das auf Bundesterritorien gefördert wird. Die New York Times zeigt ausgehend von einem Beispiel im Golf von Mexiko, warum es angesichts der Mehrheitsverhältnisse in Repräsentantenhaus und Senat und des konservativen obersten Gerichtshofs für die für die Biden-Administration extrem schwierig ist, die Zusage, dort keine weiteren Bohrungen zuzulassen, umzusetzen.

      https://www.nytimes.com/2023/09/28/climate/biden-drilling-leases.html

    1. Die österreichische Gasbranche startet - offenbar in Kooperation mit der Industriellenvereinigung - eine PR-Initiative gegen das Erneuerbare-Wärme-Gesetz. Dabei wird das Narrativ der der Technologie-Offenheit verwendet und mit Hinweisen auf Biomethan und Wasserstoff für den Erhalt der Gasheizungen argumentiert. Unkritische Widergabe einer APA-Meldung im Standard. https://www.derstandard.at/story/3000000188226/erneuerbare-waerme-gesetz-laesst-gasbranche-zittern

    1. Der Bundestag hat das Gebäudeenergie-Gesetz verabschiedet, auf Druck vor allem der FDP allerdings in einer deutlich abgeschwächten Form. Die beabsichtigte Klimawirkung wird bei weitem nicht erreicht. https://taz.de/GEG-endlich-verabschiedet/!5956352

      Berechnung der Klimawirkung des verabschiedeten Gesetzes von Malte Kreutzfeldt: https://graz.social/@mkreutzfeldt@mastodon.social/111035336689681413

  8. Aug 2023
    1. In computing, the robustness principle is a design guideline for software that states: "be conservative in what you do, be liberal in what you accept from others". It is often reworded as: "be conservative in what you send, be liberal in what you accept". The principle is also known as Postel's law, after Jon Postel, who used the wording in an early specification of TCP.

      https://en.wikipedia.org/wiki/Robustness_principle

      Robustness principle: be conservative in what you do, be liberal in what you accept from others.

    1. The fourth step is to Apply the Reflection. Adjust behavior based on reflection. We improve not for validation, we improve for ourselves (stoic philosophy)

      Document the journey in for example a journal. Make a comparison between what would be done in the past and what will be done in the future.

      Data collection. Measurement.

      Marginal Gains. It's sort of a daily continous Kolb's cycle but in a more lightweight form. I can already see the power in this. Absolute gem.

      Could also be overwhelming if applied to a lot. therefore, use the power law and focus on what is essential to life change. (thanks Dr. Benjamin Hardy.)

    1. Standard-Artikel über die Schwierigkeiten, in Österreich Großprojekte zur Energiewende administrativ und gegen den Widerstand lokaler Initiativen durchzusetzen. Die drei ausgewählten Beispiele zeigen, dass die Probleme und die Motive für den Widerstand sehr unterschiedlich sind. Die EU will mit dem Net Zero Industry Act die Zeit bis zur Umsetzung von Projekten auf maximal anderthalb Jahre verkürzen. https://www.derstandard.de/story/3000000182417/ueberforderte-behoerden-und-protestierende-buerger-bremsen-die-energiewende-aus

  9. Jul 2023
    1. Der Standard interviewt den deutschen Ökologen Josef Settele zum Renaturierungsgesetz der EU. Settele gehört zu den 6000 Wissenschaftlerinnen, die sich in einem offenen Brief für die Verabschiedung des Gesetzes ausgesprochen haben. Er bedauert, dass es Abstriche beim Schutz von Ökosystemen gab und weist darauf hin, das mit diesem Gesetz die Verpflichtung zum Schutz von 30% der Gesamtfläche noch bei weitem nicht erfüllt ist. https://www.derstandard.at/story/3000000179484/das-gesetz-sichert-unsere-ern228hrung

      Offener Brief von 6000 Wissenschaftler:innen zur Unterstützung des Nature Restoration Law: https://zenodo.org/record/8128624

    1. The lawsuit against OpenAI claims the three authors “did not consent to the use of their copyrighted books as training material for ChatGPT. Nonetheless, their copyrighted materials were ingested and used to train ChatGPT.”
    1. New York-based startup DoNotPay created an AI-based way for people to contest traffic tickets—a user would wear smart glasses that would feed it information to say in court generated by AI—but before the creator could introduce it in court, he said he got threats from multiple bar associations about “unauthorized practice of law,”
    1. Robert Maynard Hutchins (January 17, 1899 – May 14, 1977) was an American educational philosopher. He was president (1929–1945) and chancellor (1945–1951) of the University of Chicago, and earlier dean of Yale Law School (1927–1929).
    1. (b) Criminal penalties.—Section 4(d)(1) of the Lacey Act Amendments of 1981 (16 U.S.C. 3373(d)(1)) is amended— (1) in subparagraph (A)— (A) by inserting “(e),” after “(d),”; and (B) by striking “or” after the comma at the end; (2) in subparagraph (B)— (A) by inserting “(e),” after “(d),”; and (B) by adding “or” after the comma at the end; and (3) by inserting after subparagraph (B) the following: “(C) knowingly violates section 3(e),”; and (4) in the matter following subparagraph (B)— (A) by striking “knowing that” and all that follows through “treaty or regulation,”; (B) by striking “said”; and (C) by inserting before the period “or prohibited wildlife species concerned”.

      (d) Criminal penalties (1) Any person who-

      (A) knowingly imports or exports any fish or wildlife or plants in violation of any provision of this chapter (other than subsections (b), (d), (e), and (f) of section 3372 of this title), or

      (B) violates any provision of this chapter (other than subsections (b), (d), (e), and (f) of section 3372 of this title) by knowingly engaging in conduct that involves the sale or purchase of, the offer of sale or purchase of, or the intent to sell or purchase, fish or wildlife or plants with a market value in excess of $350,

      knowing that the fish or wildlife or plants were taken, possessed, transported, or sold in violation of, or in a manner unlawful under, any underlying law, treaty or regulation, shall be fined not more than $20,000, or imprisoned for not more than five years, or both. Each violation shall be a separate offense and the offense shall be deemed to have been committed not only in the district where the violation first occurred, but also in any district in which the defendant may have taken or been in possession of the said fish or wildlife or plants.

      (2) Any person who knowingly engages in conduct prohibited by any provision of this chapter (other than subsections (b), (d), (e), and (f) of section 3372 of this title) and in the exercise of due care should know that the fish or wildlife or plants were taken, possessed, transported, or sold in violation of, or in a manner unlawful under, any underlying law, treaty or regulation shall be fined not more than $10,000, or imprisoned for not more than one year, or both. Each violation shall be a separate offense and the offense shall be deemed to have been committed not only in the district where the violation first occurred, but also in any district in which the defendant may have taken or been in possession of the said fish or wildlife or plants.

      (3) Any person who knowingly violates subsection (d) or (f) of section 3372 of this title-

      (A) shall be fined under title 18 or imprisoned for not more than 5 years, or both, if the offense involves-

      (i) the importation or exportation of fish or wildlife or plants; or

      (ii) the sale or purchase, offer of sale or purchase, or commission of an act with intent to sell or purchase fish or wildlife or plants with a market value greater than $350; and

      (B) shall be fined under title 18 or imprisoned for not more than 1 year, or both, if the offense does not involve conduct described in subparagraph (A).

      (4) Any person who knowingly violates section 3372(e) of this title shall be fined not more than $20,000, or imprisoned for not more than 5 years, or both. Each violation shall be a separate offense and the offense is deemed to have been committed in the district where the violation first occurred, and in any district in which the defendant may have taken or been in possession of the prohibited wildlife species.

    2. (a) Civil penalties.—Section 4(a)(1) of the Lacey Act Amendments of 1981 (16 U.S.C. 3373(a)(1)) is amended— (1) by inserting “(e),” after “(d),”; and (2) by inserting “, (e),” after “subsection (d)”.

      §3373. Penalties and sanctions (a) Civil penalties (1) Any person who engages in conduct prohibited by any provision of this chapter (other than subsections (b), (d), (e), and (f) of section 3372 of this title) and in the exercise of due care should know that the fish or wildlife or plants were taken, possessed, transported, or sold in violation of, or in a manner unlawful under, any underlying law, treaty, or regulation, and any person who knowingly violates subsection (d), (e), or (f) of section 3372 of this title, may be assessed a civil penalty by the Secretary of not more than $10,000 for each such violation: Provided, That when the violation involves fish or wildlife or plants with a market value of less than $350, and involves only the transportation, acquisition, or receipt of fish or wildlife or plants taken or possessed in violation of any law, treaty, or regulation of the United States, any Indian tribal law, any foreign law, or any law or regulation of any State, the penalty assessed shall not exceed the maximum provided for violation of said law, treaty, or regulation, or $10,000, whichever is less.

    3. Animal Welfare Act (7 U.S.C. 2131 et seq.), and—

      From Title 7-AGRICULTURE CHAPTER 54-TRANSPORTATION, SALE, AND HANDLING OF CERTAIN ANIMALS

      §2131. Congressional statement of policy The Congress finds that animals and activities which are regulated under this chapter are either in interstate or foreign commerce or substantially affect such commerce or the free flow thereof, and that regulation of animals and activities as provided in this chapter is necessary to prevent and eliminate burdens upon such commerce and to effectively regulate such commerce, in order-

      (1) to insure that animals intended for use in research facilities or for exhibition purposes or for use as pets are provided humane care and treatment;

      (2) to assure the humane treatment of animals during transportation in commerce; and

      (3) to protect the owners of animals from the theft of their animals by preventing the sale or use of animals which have been stolen.

      The Congress further finds that it is essential to regulate, as provided in this chapter, the transportation, purchase, sale, housing, care, handling, and treatment of animals by carriers or by persons or organizations engaged in using them for research or experimental purposes or for exhibition purposes or holding them for sale as pets or for any such purpose or use.

      ( Pub. L. 89–544, §1(b), formerly §1, Aug. 24, 1966, 80 Stat. 350 ; Pub. L. 91–579, §2, Dec. 24, 1970, 84 Stat. 1560 ; renumbered and amended Pub. L. 94–279, §2, Apr. 22, 1976, 90 Stat. 417 .)

    4. “(2) LIMITATION ON APPLICATION.—Paragraph (1) does not apply to any person that— “(A) is an institution accredited by the Association of Zoos and Aquariums; “(B) is a facility that— “(i) has an active written contract with an Association of Zoos and Aquariums Species Survival Plan or Taxon Advisory Group for breeding of prohibited wildlife species; and “(ii) does not breed, acquire, or sell prohibited wildlife species other than the species covered by such contract; “(C) is a State college, university, or agency, or State-licensed veterinarian; “(D) is a wildlife sanctuary that cares for prohibited wildlife species, and— “(i) is a corporation that is exempt from taxation under section 501(a) of the Internal Revenue Code of 1986 and described in sections 501(c)(3) and 170(b)(1)(A)(vi) of such Code; “(ii) does not commercially trade in prohibited wildlife species, including offspring, parts, and byproducts of such animals; “(iii) does not breed the prohibited wildlife species; “(iv) does not allow direct contact between the public and prohibited wildlife species; and “(v) does not allow the transportation and display of prohibited wildlife species off-site; “(E) has custody of the prohibited wildlife species solely for the purpose of expeditiously transporting the prohibited wildlife species to a person described in this paragraph with respect to the species; “(F) is in possession of a prohibited wildlife species that was born before the date of the enactment of the Big Cat Public Safety Act, and— “(i) not later than 180 days after the date of the enactment of the Big Cat Public Safety Act, is registered with the Animal and Plant Health Inspection Service; “(ii) does not breed, acquire, or sell any prohibited wildlife species after the date of the enactment of such Act; and “(iii) does not allow direct contact between the public and prohibited wildlife species; or “(G) holds a valid Class C license under the Animal Welfare Act (7 U.S.C. 2131 et seq.), and— “(i) regularly travels across State lines to conduct circus performances featuring live prohibited wildlife species, clowns, and aerial acts; “(ii) engages in such travel and conduct before January 1, 2015; and “(iii) does not allow direct contact between the public and prohibited wildlife species.”.

      Now reads:

      (2) Limitation on application Paragraph (1) does not apply to-

      (A) an entity exhibiting animals to the public under a Class C license from the Department of Agriculture, or a Federal facility registered with the Department of Agriculture that exhibits animals, if such entity or facility holds such license or registration in good standing and if the entity or facility-

      (i) does not allow any individual to come into direct physical contact with a prohibited wildlife species, unless that individual is-

      (I) a trained professional employee or contractor of the entity or facility (or an accompanying employee receiving professional training);

      (II) a licensed veterinarian (or a veterinary student accompanying such a veterinarian); or

      (III) directly supporting conservation programs of the entity or facility, the contact is not in the course of commercial activity (which may be evidenced by advertisement or promotion of such activity or other relevant evidence), and the contact is incidental to humane husbandry conducted pursuant to a species-specific, publicly available, peer-edited population management and care plan that has been provided to the Secretary with justifications that the plan-

      (aa) reflects established conservation science principles;

      (bb) incorporates genetic and demographic analysis of a multi-institution population of animals covered by the plan; and

      (cc) promotes animal welfare by ensuring that the frequency of breeding is appropriate for the species; and

      (ii) ensures that during public exhibition of a lion (Panthera leo), tiger (Panthera tigris), leopard (Panthera pardus), snow leopard (Uncia uncia), jaguar (Panthera onca), cougar (Puma concolor), or any hybrid thereof, the animal is at least 15 feet from members of the public unless there is a permanent barrier sufficient to prevent public contact;

      (B) a State college, university, or agency, or a State-licensed veterinarian;

      (C) a wildlife sanctuary that cares for prohibited wildlife species, and-

      (i) is a corporation that is exempt from taxation under section 501(a) of title 26 and described in sections 501(c)(3) and 170(b)(1)(A)(vi) of such title;

      (ii) does not commercially trade in any prohibited wildlife species, including offspring, parts, and byproducts of such animals;

      (iii) does not breed any prohibited wildlife species;

      (iv) does not allow direct contact between the public and any prohibited wildlife species; and

      (v) does not allow the transportation and display of any prohibited wildlife species off-site;

      (D) has custody of any prohibited wildlife species solely for the purpose of expeditiously transporting the prohibited wildlife species to a person described in this paragraph with respect to the species; or

      (E) an entity or individual that is in possession of any prohibited wildlife species that was born before December 20, 2022, and-

      (i) not later than 180 days after December 20, 2022, the entity or individual registers each individual animal of each prohibited wildlife species possessed by the entity or individual with the United States Fish and Wildlife Service;

      (ii) does not breed, acquire, or sell any prohibited wildlife species after December 20, 2022; and

      (iii) does not allow direct contact between the public and prohibited wildlife species.

    5. (2) by amending subsection (e) to read as follows: “(e) Captive wildlife offense.— “(1) IN GENERAL.—It is unlawful for any person to import, export, transport, sell, receive, acquire, or purchase in interstate or foreign commerce, or in a manner substantially affecting interstate or foreign commerce, or to breed or possess, any live animal of any prohibited wildlife species.

      (e) Captive wildlife offense (1) In general Except as provided in paragraph (2), it is unlawful for any person to-

      (A) import, export, transport, sell, receive, acquire, or purchase in interstate or foreign commerce, or in a manner substantially affecting interstate or foreign commerce; or

      (B) breed or possess;

      any prohibited wildlife species.

    6. (1) in subsection (a)— (A) in paragraph (2)— (i) in subparagraph (A), by striking the semicolon at the end and inserting “; or”; (ii) in subparagraph (B)(iii), by striking “; or” and inserting a semicolon; and (iii) by striking subparagraph (C); and (B) in paragraph (4), by striking “(1) through (3)” and inserting “(1) through (3) or subsection (e)”; and

      §3372. Prohibited acts, Subsection a: (a) Offenses other than marking offenses It is unlawful for any person-

      (1) to import, export, transport, sell, receive, acquire, or purchase any fish or wildlife or plant taken, possessed, transported, or sold in violation of any law, treaty, or regulation of the United States or in violation of any Indian tribal law;

      (2) to import, export, transport, sell, receive, acquire, or purchase in interstate or foreign commerce-

      (A) any fish or wildlife taken, possessed, transported, or sold in violation of any law or regulation of any State or in violation of any foreign law; or

      (B) any plant-

      (i) taken, possessed, transported, or sold in violation of any law or regulation of any State, or any foreign law, that protects plants or that regulates-

      (I) the theft of plants;

      (II) the taking of plants from a park, forest reserve, or other officially protected area;

      (III) the taking of plants from an officially designated area; or

      (IV) the taking of plants without, or contrary to, required authorization;

      (ii) taken, possessed, transported, or sold without the payment of appropriate royalties, taxes, or stumpage fees required for the plant by any law or regulation of any State or any foreign law; or

      (iii) taken, possessed, transported, or sold in violation of any limitation under any law or regulation of any State, or under any foreign law, governing the export or transshipment of plants;

      (3) within the special maritime and territorial jurisdiction of the United States (as defined in section 7 of title 18)-

      (A) to possess any fish or wildlife taken, possessed, transported, or sold in violation of any law or regulation of any State or in violation of any foreign law or Indian tribal law, or

      (B) to possess any plant-

      (i) taken, possessed, transported, or sold in violation of any law or regulation of any State, or any foreign law, that protects plants or that regulates-

      (I) the theft of plants;

      (II) the taking of plants from a park, forest reserve, or other officially protected area;

      (III) the taking of plants from an officially designated area; or

      (IV) the taking of plants without, or contrary to, required authorization;

      (ii) taken, possessed, transported, or sold without the payment of appropriate royalties, taxes, or stumpage fees required for the plant by any law or regulation of any State or any foreign law; or

      (iii) taken, possessed, transported, or sold in violation of any limitation under any law or regulation of any State, or under any foreign law, governing the export or transshipment of plants; or

      (4) to attempt to commit any act described in paragraphs (1) through (3) or subsection (e).

    7. Section 3 of the Lacey Act Amendments of 1981 (16 U.S.C. 3372) is amended—

      Changes to this section: §3372. Prohibited acts

    8. SEC. 7. Administration.Section 7(a) of the Lacey Act Amendments of 1981 (16 U.S.C. 3376(a)) is amended by adding at the end the following: “(3) The Secretary shall, in consultation with other relevant Federal and State agencies, promulgate any regulations necessary to implement section 3(e).”.

      Added here:

      §3376. Administration (a) Regulations (1) The Secretary, after consultation with the Secretary of the Treasury, is authorized to issue such regulations, except as provided in paragraph (2), as may be necessary to carry out the provisions of sections 3372(f), 3373, and 3374 of this title.

      (2) The Secretaries of the Interior and Commerce shall jointly promulgate specific regulations to implement the provisions of section 3372(b) of this title for the marking and labeling of containers or packages containing fish or wildlife. These regulations shall be in accordance with existing commercial practices.

      (3) The Secretary shall, in consultation with other relevant Federal and State agencies, promulgate any regulations necessary to implement section 3372(e) of this title.

    9. SEC. 6. Forfeiture of prohibited wildlife species.Share ThisSection 5(a)(1) of the Lacey Act Amendments of 1981 (16 U.S.C. 3374(a)(1)) is amended by inserting “bred, possessed,” before “imported, exported,”.

      "bred, possessed" added here:

      §3374. Forfeiture (a) In general (1) All fish or wildlife or plants bred, possessed, imported, exported, transported, sold, received, acquired, or purchased contrary to the provisions of section 3372 of this title (other than section 3372(b) of this title), or any regulation issued pursuant thereto, shall be subject to forfeiture to the United States notwithstanding any culpability requirements for civil penalty assessment or criminal prosecution included in section 3373 of this title.

    10. “(a) Breed.—The term ‘breed’ means to facilitate propagation or reproduction (whether intentionally or negligently), or to fail to prevent propagation or reproduction”.

      Definition

    11. Federal control of the intrastate private possession and breeding of prohibited wildlife species is essential to the effective control of the interstate incidents of traffic in prohibited wildlife species.

      Argument: Federal control of intrastate possession of prohibited wildlife species (i.e., big cats) cannot be effective without control of interstate incidents of traffic of these species

    12. The global illicit trade in wildlife may be worth up to $20,000,000,000 annually and the value of legal wildlife trade in the United States was recently estimated at $2,800,000,000 annually.

      What is the source of this figure?

    13. To amend the Lacey Act Amendments of 1981 to clarify provisions enacted by the Captive Wildlife Safety Act, to further the conservation of certain wildlife species, and for other purposes.

      Stated purpose

    1. For any action, habit, and belief you have, ask yourself: "Does this help toward my goals and future self or not?", if the answer is no, it is a distraction and part of the 80% you need to let go in order to reach 10X

      Your future self and 10X (or 100X) vision and goals serve as a massive filter for action and belief.

      Note: You should not 10X everything! Just 3 priorities.

    2. Counterintuitively, the 10X mindset and goal setting is not about goals. It is about identifying the essential PROCESSES that lead to significant progress.

    3. What is the game you want to play? What is the game you could play? What is a game you could go all in on and succeed at and be really good at?

      This defines your pathways and strategies within your 20%

      The path can change and adjust over time.

    4. To achieve goals, raise the floor, FOCUS on removing bottlenecks. Also create constraints by Schwerpunkt (primary objective), contrary to common wisdom, constraint actually gives freedom, it prevents analysis paralysis.

  10. Jun 2023
    1. Something to introduce into your yearly review is to reflect on the period and find out what your 10x cycles were.

      A 10x mindset is defined by letting go of the 80% that isn't useful, and focusing on the 20% that is essential while building 80% new skills or standards that benefit your purpose. A lot of true progress requires sacrifice (stripping down that which is not beneficial or essential).

      Related to what Mihaly Csikszentmihaliy, author of Flow, calls the Ulterior purpose, where the purpose serves as a big filter to focus on what actually matters. Antonin Sertillanges gives a similar account in The Intellectual Life

      The solid maxim: Big change requires great sacrifice.""

      Likely, identifying the essential 20% (and the 80% to learn) requires a lot of introspection and reflection. Something that will help significantly is Kolb's.

    1. But that failed when Congress took another step and passed an amendment to the Resource Conservation and Recovery Act in 1986, which held that no owner or operator of an underground storage tank could transfer that liability to someone else.

      All contractual liability transfers should be banned.

    1. Citation

      Duane, James, The Right to Remain Silent: A New Answer to an Old Question (February 2, 2012). Criminal Justice, Vol. 25, No. 2, 2010, Available at SSRN: https://ssrn.com/abstract=1998119

    1. § 1003.36 Record of proceeding. The Immigration Court shall create and control the Record of Proceeding.

      Regulation providing that the Immigration Court is responsible for creating and controlling the Record of Proceeding.

    1. we present a novel evidence extraction architecture called ATT-MRC

      A new evidence extraction architecture called ATT-MRC improves the recognition of evidence entities in judgement documents by treating it as a question-answer problem, resulting in better performance than existing methods.

    1. We also compare the answer retrieval performance of a RoBERTa Base classifier against a traditional machine learning model in the legal domain

      Transformer models like RoBERTa outperform traditional machine learning models in legal question answering tasks, achieving significant improvements in performance metrics such as F1-score and Mean Reciprocal Rank.

    1. Learning heterogeneous graph embedding for Chinese legal document similarity

      The paper proposes L-HetGRL, an unsupervised approach using a legal heterogeneous graph and incorporating legal domain-specific knowledge, to improve Legal Document Similarity Measurement (LDSM) with superior performance compared to other methods.

    1. Foreign companies selling into the U.S. are subject to sales tax regimes to the extent there is nexus with the state, which can be established, among other ways, through a physical contact with the state (payroll, property, agents, and inventory held under the Fulfillment by Amazon arrangement) or substantial sales exceeding economic thresholds enacted in light of the Wayfair decision.
    1. European Law Identifier (ELI) and the European Case Law Identifier (ECLI), which provide technical specifications for Web identifiers and suggestions for vocabularies to be used to describe metadata pertaining to legal documents in a machine readable format. Notably, these ECLI and ELI metadata standards adhere to the RDF data format which forms the basis of Linked Data, and therefore have the potential to form a basis for a pan-European legal Knowledge Graph.

      ELI (european law identifier) ECLI (European case law identifier) technical specification for web identifiers suggested vocabularies for metadata goal : legal documents in machine readable format.

      But some counties don't have this implemted and that stands in the way of a pan-European legal Knowledge Graph.

    1. The common aim of lawmakers is to achieve effective legislative texts, namely tests that with the synergy of the other actors in the legislative pro‐ cess can produce the desired regulatory results. However, the process for achieving this common goal is not identical. Broadly speaking, civil and common law countries differ in their approaches.

      Plain Language Movement: Common law and civil law differ in their approaches.

  11. Apr 2023
    1. Johnston, J. & Sullivan, M. (2020). Parental Alienation: In Search of Common Ground Fora More Differentiated Theory. Family Court Review, 58(2), 270–292.
    2. Fidler, B. J., Deutsch, R. M., & Polak, S. (2019). “How am I supposed to treat these cases?”Working with families struggling with entrenched parent–child contact problems. InL. Greenberg, B. Fidler, & M. Saini (Eds.), Evidence-informed interventions forcourt-involved families (pp. 227–259). New York, NY: Oxford University Press
    3. Fidler, B., & Bala, N. (2020). Concepts, controversies and conundrums of alienation:Lessons learned in a decade and reflections on challenges ahead. Family CourtReview, 58(2), 576-603
    1. Michael Bone and Brian Ludmer, in particular, have written on this issue.  Note especially that lawyers without strong experience in this area will be highly likely to lose your case.  Experience in other areas of law is insufficient for lawyers to win alienation cases.
    1. and passes the DaubertgatekeepingExpert testimony on parental alienation “aided the court by providing a counterintuitiveexplanation as to the dynamics...present in [the] situation.”Expert testimony met the threshold level of reliability ~ DaubertstandardSupreme Judicial Court of Maine(Bergin v Bergin, __ A.3d __ (2019)) (2019 WL 3788326
    2. The phenomenon of PA is “well known”...-“Thephenomenaofparentalalienationarewellrecognizedinternationallyand,s a d l y,arefrequentlyallegedorencounteredincustodyandvisitationlitigation....Thespecificterm‘parentalalienation’doesnotyetappearasa psychiatricdiagnosisintheofficialclassificationoftheAmericanPsychiatricAssociation,althoughitsfeaturescommonlymaybesubsumedunderoneormoreotherdiagnosticcategories...”McClainv. McClain, 539S. W.3d 170,182(2017)(CourtofAppealsofTennessee
    1. Developmental Psychology and the Scientific Status of Parental AlienationJennifer J. Harman 1 , Richard A. Warshak 2 , Demosthenes Lorandos 3 , and Matthew J. Florian 41 Department of Psychology, Colorado State University2 Independent Practice, Richardson, Texas, United States3 Psychlaw.net, Ann Arbor, Michigan, United States4 Eris Enterprise, LLC, Fort Collins, Colorado, United State
    1. criteria proposed by Judge Richard Dollinger are related to scientific and clinical issues that provide the basis for expert testimony in cases where PA is alleged.
    2. Up until recently, there were no legal criteria for defining parental alienation. Now we have some guidance from New York State. The recently decided NYS AD case of JF v. DF (NY Law Journal, 12/27/18; filed 12/06/18) provides legal criteria for identifying parental alienation (PA) based on tort law. These criteria are intended to differentiate parental alienation from more conventional examples of poor parenting, such as missed phone calls or the occasional vulgarity or snide remark about the other parent.
    1. Recommended Resource

      Since Unit 4 mentions some CC license infringement cases as examples, I recommend adding a court case from the Netherlands of a photographer suing a website for using their photo without permission or compensation. The name of the court case is below.

      ECLI:NL:RBMNE:2021:5887

      The court case ended with the judge awarding the photographer (plaintiff) the following damages (excerpt is from the court case records).

      "5.4. orders [defendant] to pay to [plaintiff] against proof of discharge:

      € 450.00 in damages, increased by the statutory interest as referred to in Article 6:119 of the Dutch Civil Code, with effect from 11 June 2021 until the day of full payment,

      € 67.50 in extrajudicial collection costs,

      5.5. orders [defendant] to pay the costs of the proceedings on the part of [plaintiff], estimated at € 2,036.30 until the judgment of this judgment, of which € 1,702.00 in salary for the authorized representative."

      This case demonstrates the enforceability of the CC license in other countries, such as the Netherlands.

    1. Recommended Source

      Under the "More on Philosophies of Copyright" section, I recommended adding the scholarly article by Chinese scholar Peter K. Yu that explains how Chinese philosophy of Yin-Yang can address the contradictions in effecting or eliminating intellectual property laws. One of the contradictions is in intellectual property laws protecting individual rights while challenging sustainability efforts for future generations (as climate change destroys more natural resources.

      Yu, Peter K., Intellectual Property, Asian Philosophy and the Yin-Yang School (November 19, 2015). WIPO Journal, Vol. 7, pp. 1-15, 2015, Texas A&M University School of Law Legal Studies Research Paper No. 16-70, Available at SSRN: https://ssrn.com/abstract=2693420

      Below is a short excerpt from the article that details Chinese philosophical thought on IP and sustainability:

      "Another area of intellectual property law and policy that has made intergenerational equity questions salient concerns the debates involving intellectual property and sustainable development. Although this mode of development did not garner major international attention until after the 1992 Earth Summit in Rio de Janeiro, the Yin-Yang school of philosophy—which “offers a normative model with balance, harmony, and sustainability as ideals”—provides important insight into sustainable development."

    1. Tradesmen, too, were quick to see that the exchange might be worked to their advantage; they brought unsaleable stock from their shops, exchanged it for labour notes, and then picked out the best of the saleable articles. Consequently the labour notes began to depreciate; trouble also arose with the proprietors of the premises, and the experiment came to an untimely end early in 1834.

      The labour exchange at Gray's Inn Road which began on September 3, 1832, which was based on Robert Owen's idea in The Crisis (June 1832), eventually collapsed in 1834 as the result of Greshham's Law in which "bad money drives out good." In this case, rather than money the object was the relative value of goods which were exchanged based on Labour notes. Labour notes were used to exchange unsaleable stock in shops for labour notes which were then used to purchase more valuable goods. This caused depreciation of the labor notes ultimately causing the experiment to collapse in 1834.

  12. Mar 2023
    1. Justice in the context of consumption corridorsmeans that every person deserves access to a defned minimum level ofecological and social resources necessary to be able to live a good life,solely because they are a human being (what scholars call a natural-law-based perspective on justice).
      • Definition - Natural Law
      • a natural law based perspective of justice claims that every person deserves access to a defined minimum level of ecological and social resources necessary to live a "good life".
    1. The old saying "a bad penny always turns up" is a colloquial recognition of Gresham's Law.

      The colloquialism "a bad penny always turns up" is recognition of Gresham's law because the bad (cheap) pennies will be in higher circulation compared with purer or more valuable copper pennies which will have been hoarded or left circulation.

    2. In economics, Gresham's law is a monetary principle stating that "bad money drives out good". For example, if there are two forms of commodity money in circulation, which are accepted by law as having similar face value, the more valuable commodity will gradually disappear from circulation.[1][2] The law was named in 1860 by economist Henry Dunning Macleod after Sir Thomas Gresham (1519–1579), an English financier during the Tudor dynasty. Gresham had urged Queen Elizabeth to restore confidence in then-debased English currency. The concept was thoroughly defined in medieval Europe by Nicolaus Copernicus and known centuries earlier in classical Antiquity, the Middle East and China.

      Gresham's law is an economic monetary principle which states that "bad money drives out good."

      It relates to commodity value, particularly in coinage, where cheaper base metals in coins will cause more expensive coinage to disappear from circulation.

  13. Feb 2023
    1. Entsprechend groß war die Neugier seiner Schüler und Kollegen, die den Kasten analysieren wollten. Doch jahrelang stritten Luhmanns Kinder vor Gericht um den wissenschaftlichen Nachlass, an eine Aufarbeitung war lange nicht zu denken. Erst 2011 konnte die Universität Bielefeld Luhmanns geistige Hinterlassenschaften kaufen. Und nun, seit Anfang des Jahres, wird tatsächlich erforscht, was es auf sich hat mit diesem Kasten, der in Soziologenkreisen schon mal als Heiliger Gral bezeichnet wird.

      google translate:

      The curiosity of his students and colleagues, who wanted to analyze the box, was correspondingly high. For years, however, Luhmann's children fought in court about the scientific legacy, and for a long time there was no question of a reappraisal. It was not until 2011 that the University of Bielefeld was able to buy Luhmann's intellectual legacies. And now, since the beginning of the year, research has actually been going on into what this box, which sociologists have sometimes referred to as the Holy Grail, is all about.

      Bielefeld University sued Luhmann's estate (his children) over his intellectual legacy. In 2011 they were finally able to purchase his papers, but research on his papers and zettelkasten didn't begin until early 2015.

  14. Jan 2023
    1. contractual relations of individual and collectivity (in the formof written ship’s articles specifying shares of booty and ratesof compensation for on-the-job injury

      Pirate ships as forms of political organization and collective action!

    1. Αντ’ αυτού η Δέσποινα οδηγήθηκε σε έναν απομακρυσμένο θάλαμο νοσηλείας λόγω της αναμονής των αποτελεσμάτων του τεστ για covid, χωρίς κουμπί ειδοποίησης, όπου της χορηγήθηκαν παυσίπονα και υπόθετο.

      Ενα αισχρό περιστατικο αυθεντίας των ιατρών που μαθεύτηκε και εφτασε στο δικαστήριο - πόσα άλλα εχουν συμβεί? Μήπως η ανεξέλεγκτη εξουσία των ιατρών (ποια αντίμετρα υπάρχουν?) και ο συνακόλουθος ανθρωπότυπός τους, που ομοιάζει σε αυτό των (ατιμώρητων) αστυνομικών ειναι που οδηγεί σε τετοια συμβαντα & συμπεριφορές?

    1. (b) Motion to Advance — A request to advance a hearing date (move the hearing to an earlier date) should be made by written motion.  A motion to advance should completely articulate the reasons for the request.  The motion should be filed with a cover page labeled “MOTION TO ADVANCE” and comply with the deadlines and requirements for filing.  See Chapter 5.2 (Filing a Motion), Appendix E (Cover Pages).

      Immigration Court Practice Manual guidance on Motions to Advance hearing date.

    1. too much focus on the ‘indie’ (building complicated self-hosted everything-machines) and not enough on the ‘web’
    1. W aktualnym stanie prawnym działalność nie podlega obowiązkowi rejestracji w przypadku, gdy miesięczny przychód z takiej działalności nie przekracza kwoty 50% minimalnego wynagrodzenia za pracę. Obecnie pensja minimalna wynosi 3010 zł, w związku z czym w 2022 roku wspomniany miesięczny limit jest równy kwocie 1505 zł
    1. (F) It is an affirmative defense to a charge under division (B) of this section that the impersonation of the peace officer, private police officer, or investigator of the bureau of criminal identification and investigation was for a lawful purpose.

      It would seem that this applies to anyone since it is an affirmative defense to "no person" in section (B).

      So, as long as one was impersonating a police officer "for a lawful purpose" (note, not any specific lawful purpose, or even one that has been declared in advance) it seems that anyone may impersonate a peace officers, private police, or even federal law enforcement.

      You'll have to explain it away in court after the fact if charged though.

  15. Dec 2022
    1. Conway’s Law is sometimes referred to as “shipping your org chart”. If you’ve been in professional software development for a while, you’ve likely come to respect its power and inevitability. How your team is structured is always visible in the product you produce, and that can often be a bad thing for users. It’s the weird cracks of inconsistency and disconnectedness within a user application that makes you wonder if two parts of the app were made by two different companies.

      The design of a product can often reflect, and not often in a good way, the nature and structure of the team(s) which made it.