Category: Uncategorized

We Are Allowed Pure Joy, Even In A Pandemic — With Another Run In The NCAAs From Cinderella Loyola Chicago (Echoing 2018)…

~ condor ~ Leave a comment

While Franklin D. Roosevelt was still President, she played a killer-competitive brand of varsity high school Catholic League b-ball, for St. Paul’s in San Francisco.

Sister Jean is 101 this year — 102, come August. I’m told she no longer travels with the team, nor always even attended home games (pre-COVID-19)… but she (I will bet) does tune in — and will, on Sunday. Sister Jean moved from California to teach at Mundelein College in Chicago in 1961. During the mid-1960s, she was active in the civil rights movement. She was hired by Loyola in 1991 when Mundelein was merged into Loyola. She has worked as the team chaplain for the Ramblers men’s basketball team since 1994. . . . [That graphic at right is from the 2018 Final Four run.]

Here’s the latest college b-ball pundits’ guess — the Ramblers might be a Six or Seven seed… but could also rise — to a Four seed… grinning, leprechaun-like:

…I don’t think anyone can confidently predict where the selection committee will slot 24-4 Loyola Chicago on Sunday. Some predictive metrics love this team. Loyola Chicago is No. 9 at KenPom, No. 10 in the NET and No. 18 at BPI. Meantime, KPI has it 30th, Sagarin 40th and Strength of Record 43rd.

It’s unusual to have a team rank in the top 10 of multiple computers yet still have so much metric disparity. Will the selection committee mostly rely on what the Ramblers have done from a résumé perspective? If so, a 6-4 mark vs. the top two quadrants with potentially zero wins against the field (if Drake doesn’t get in) could put them in No. 10-seed territory.

But a robust record — and other metrics suggesting this team is No. 4 seed-good — suggests the committee might try to split the difference….

No — you would be correct — this has nothing to do with life science, space science or human rights. But I do enjoy it, so here it is. I’ll publish a bracket next week… grinning, indeed.

नमस्ते

Ms. L Case Now Before A Magistrate — For Complete Settlement: Border Cruelty Ends.

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This is very good, if not entirely unexpected, overnight news — from the federal district courthouse in San Diego. Judge Sabraw has done a fine job protecting human rights during the last four years of… winter, there.

As we predicted, even Sarah Fabian will be unable to thwart decency any longer. The Biden administration is going to restore sanity to the border process. Here’s the full five page status report, and the concluding bit:

…In accordance with the Court’s order, the parties inform the Court that they have agreed to enter into settlement negotiations. The parties have agreed that the Task Force will continue with its work during settlement negotiations, and it is the parties’ hope that these settlement discussions, conducted in conjunction with the work of the Task Force, will eventually resolve many or all of the outstanding issues in litigation. In furtherance of their agreement, the parties intend to reach out to the assigned Magistrate Judge Mitchell Dembin to set an initial settlement conference as soon as feasible.

The parties ask that while these discussions are ongoing, the litigation be stayed and all pending deadlines held in abeyance, with the exception that status conferences shall continue to be held, with joint status reports in advance of the status conference addressing current efforts to contact parents find families not yet contacted, and Judge Sabraw shall retain oversight of such efforts….

Onward, smiling widely. Spring is almost here — in the city of big shoulders.

नमस्ते

Attacking A Former Client, In A Litigation Matter RELATED To One’s Prior (Even Pro Bono) Representation Of That Same Client… Is IMPERMISSIBLE.

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McGuireWoods is (or was) a top flight Am Law 100 firm. So. . . this is more than a little surprising. Lawyers simply cannot “switch sides” in litigation, against a former client.

NPR has put out this noon-time story, relying on statements and documents from ten separate sources. The rules of professional responsibility in all 50 states directly and explicitly prohibit this conduct, if the accounts are accurate. That entire once-venerable firm. . . is in very hot water, says Condor:

. . .Led by a politically connected partner who has friends in common with Pack, the law firm would undertake an investigation of the Open Technology Fund. The Open Technology Fund would not learn of McGuireWoods’ role until December, when Pack invoked the law firm’s investigation in an attempt to bar the fund from receiving any federal dollars for at least three years.

“I was speechless,” says Turner. “I had no idea that they would ever turn around and represent our actual adversary in a lawsuit, after an attorney in their practice had spoken to our board about our strategy and asked me for internal documents to help frame up the theory of our case. . . .”

Over the course of less than five months, McGuireWoods partner John D. Adams and his team earned well over $2 million in taxpayer money for work typically done by government employees, according to law firm billing records and exchanges between U.S. Agency for Global Media staffers reviewed by NPR. . . .

Understand that the goal here — by Team Tangerine — was to get dirt on the charitable people helping TikTok and WeChat resist 45’s unlawful and un-American banning order(s). This is going to be a messy one. Stay tuned — lots more to come, for certain.

Condor predicts that there are likely to be disbarments, of partner level lawyers in DC over this, at McGuireWoods. Wow.

नमस्ते

At Yesterday’s Status Hearing In Texas, Judge Tipton Simply “Kicked The Can Down The Road” Again — To May 27, 2021…

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As it is clear that he relishes the limelight this case affords him, I decided not to live blog it.

Indeed, though, I did listen in. It was alarmingly apparent from the go, that USDC Judge Drew Bruce Tipton views these hearings as his own bully-pulpit — to make political speeches, as opposed to seek legal solutions. And the fact of the matter is that Mr. Biden will have a permanent rule out shortly that ends (moots) the injunction, entirely. So, in a matter of weeks, Tipton’s 15 minutes will be… over.

Even the PACER minute order he entered after the hearing reflected an entire paragraph of his ongoing political screed, rather than just what the law required of him, so (after sleeping on it, overnight) I have chosen to omit it — and leave ellipses in its place. My internal debate was over whether the damage done to undocumented persons, by too broadly painting them as dangerous outweighed the need of the public to know that this federal judge seems to harbor a firm bias against undocumented persons, before his bench. I decided on the former, not the latter. Doubly so, since he will soon be… rendered a nullity, by intervening new rules, and thus off the nation’s radar.

…Minute Entry for proceedings held before Judge Drew B Tipton.

STATUS CONFERENCE held on 3/9/2021.

The United States deadline for filing an Answer is extended to May 27, 2021.

The Parties have agreed to stay discovery until the United States Answers…, [Redacted.]

The Court instructs counsel for the United States to provide the name of the individual within DHS that has instructed ICE to not remove aliens who have committed felonies and who are completing their federal sentences, as well as the name of the individual within DHS that has instructed ICE to not remove aliens who have committed felonies and have requested to be deported.

Appearances: Kathryn Lynn Huddleston, Adam David Kirschner, Todd Lawrence Disher, Patrick K Sweeten, Daniel David Hu.(Digital # 10:01-10:23)(ERO:Verlinda Rios), filed.(KelliePapaioannou, 2) (Entered: 03/10/2021)….

It is genuinely disconcerting that the judge grounds his on the record in court remarks in political talking points, rather than simply reading the controlling US Supreme Court cases, and tossing the matter since Texas manifestly lacks standing. But soon enough — soon enough — he will be… undone. Onward, with a wry smile.

नमस्ते

The Damage To The Reputation Of The Crown… Is Undeniable, Now: Swift Conciliatory Statement Is Nearly Unprecedented, In Modern Times…

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I will let the statement issued on authority of the Queen herself speak for… itself.

But it candidly and forthrightly admits to race-related treatment as “concerning”. This is a vast acceptance of responsibility, in the context of the almost monastic silence on such matters, spanning ten centuries in England.

Not even remotely enough — but… a start.

The cynic in me would suggest that the overnight/flash opinion polling looks very bad in London, as to the way the Palace (lesser Royals, in particular) behaved for the last two plus years, and toward Meghan and baby Archie, in particular. And though clearly different, it certainly rings an echo to the treatment of Diana.

So — if this is the beginning of a more open dialogue on that largely antiquated institution, this will be a good thing.

Meanwhile, back here stateside (and not really even off the topic of how humans ought to treat one another!), tonight — all the “public charge” rules attempted by Tangerine are thankfully dead.

The Supremes just dismissed all the appeals from T’s losses, this afternoon. Onward, grinning… the sunshine is glorious here, this afternoon.

नमस्ते

[Tangent Alert:] What Might Be The Purpose Of Being Able To Self-Decapitate, And Regrow A Body — In Three Weeks?

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The researchers in Japan suspect that it might allow the slug to shed the occasional parasite infestation.

I cannot help but wonder if regeneration of other cell tissue — eventually in humans — might be possible (and might actually be what the Japanese research is more directly. . . about). Entire organs, in fact? Hearts? In any event, here is the latest, from C|net:

. . .The regenerating sea slugs were younger individuals. It took about a week to regrow the heart and they had completely regenerated their bodies within three weeks. The researchers suggest there may be “stem-like cells” where the neck severs that allow for the regrowth. . . .

The ability to regrow a body isn’t unheard of. Some species of jellyfish can regenerate after an injury. The self-decapitation part of the sea slugs’ process adds to the mystery though. The researchers suggest the action may be a way to get rid of internal parasites, but the impetus is unclear.

The surprising body regeneration process is already giving scientists ideas for further studies. Said Mitoh, “As the shed body is often active for months, we may be able to study the mechanism and functions of kleptoplasty using living organs, tissues, or even cells. . . .”

Fascinating; but the misuse of this sort of learning. . . seems both plausible (due to the vast riches a human version would engender) — and obvious, as a therapeutic / target approach, in humans. So, it would seem self-evident, that very close tabs ought to be kept on its progress. Perhaps we will, here. . . almost Mary Wollenscraft Shelley-esque, at that.

And as I close tonight, I must admit that it seems the Oprah / Sussexes‘ interview has rocked British society to its core. Who knows what comes next? Who, indeed. . . but Harry and Meghan were courageous to speak up, that much is certain.

When the Queen passes, it is my hunch that the status of the Royals will be greatly diminished, as it seems she is the last of that dying breed of monarchs who commanded both fear and respect. By earning it. Not so, Charles, apparently — won’t take his son’s phone calls? After how he treated Diana? Disgusting. Signing off now. . . before I type something. . . truly unkind. Regrowing a heart, indeed. Smile.

नमस्ते

With Far Right Gab.com Off Grid Today, And Parler Openly Selling Members’ Government IDs Including Photos And SSNs To Third Parties…

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…and at least in the case of Parler, those government IDs — including SSNs and DL numbers are (according to the website’s own disclosures, as of today) residing on servers owned and operated with affiliates of potential Russian state actors, as well as any other number of foreign powers…

…I thought I’d offer the boys of Powerlineblog some friendly, if unsolicited advice.

You’ve made a stupid error, in signing up for Gab. You’d be wise to avoid Parler. If you’ve already signed up to be verified, you should assume Vlad Putin himself can have all your details, and your SSN and Driver’s License — to impersonate you, on the dark web, or make deep fakes of you doing all sorts of… unsavory things.

Welcome to your “freedom-loving” web social services accounts.

If Gab never gets back online, morons like Hinderaker will be tempted to join Parler.

Even though I disagree vehemently with these Powerline guys, and they certainly deserve it as a matter of karma, for being so darn stupid, and hateful — I do not wish for a world where Russian intel agents begin releasing very plausible deep fake pee tapes, or worse, of old Hinderaker or Mirengoff.

Now… Heyward? That’s okay, by me.

Out.

Global Merck v. Merck Name Rights Spat: Next Status Update Hearing In New Jersey Set For April 21, 2021…

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It still is possible — perhaps, likely, even — that a settlement will emerge. [So much money is being burned up in legal fees — now approaching $100 million in the last decade alone — and those expenses are a zero sum improvement game. Neither one is going to knock the other out of court, completely. That is, both sides have solid competing claims, in differing geographies.]

As ever, this remains a battle of two immensely entrenched titans, each moving as ponderously as if both were literally carved of stone. It has gone on, in one form or another for 104 years now, since the end of the first World War — 1917. There have been periods of peace, between the two, and multiple decades of them, in fact. But since at least early 2009, this has been a front burner series of lawsuits, dotting many courts around the globe. Will we soon see a global resolution? Who knows — but only around $80 billion in annual revenue on the two companies’ aggregated named products is involved, so finding a lasting comprehensive peace… involves very deeply rooted compromises. In any event, here’s the latest:

…As discussed during the March 5, 2021 telephone status conference, the next telephone conference in this matter will take place on April 21, 2021, at 12:00 p.m.

Counsel will kindly dial 1-888-684-8852 and enter 1456817# to join the call.. So Ordered by Magistrate Judge Michael A. Hammer on 3/5/2021. (Hammer, Michael)….

Onward, to a gorgeous Spring morning, where for the moment it is warmer here (at 57 degrees), in the sunshine — than in Music City. Smiling, widely… headed to the lake side bike-ride, now.

नमस्ते

[O/T] We Look Back At A More Joyous Morning, For The Sussexes…

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I realize much of tonight’s TV fare sounds like “poor little prince charming, and the rich actress” — but I can attest that even in privilege, those slights and barbs are… hurtful. I have no idea what it must be like to have to live with regular death threats against ones’ tiny babies, both the new, and the unborn — as well as ones’ own self.

Hideous. And of course, the Royals now well-know, if the tabloids were to turn on the palace, they, the Royals, will be at an end as an institution, in under five years.

With populist-driven, viral views now in control in the 21st Century narrative arcs, enough “bad stories” about how useless the offices of monarchy are, especially if it leads to waning good will of the real people around the planet… and the Royals… will be moved out of Buckingham, and forcefully — if need be.

So there is a sense in which all of this is decidedly-dangerous water for the palace, but there is also the hope that the Oprah interview could possibly be the focal point for a change in “the way things are done,” there — for the better.

Okay — smiling, at a new week coming, warm and smooth — into a Spring (literal and metaphorical), even as we, collectively begin wading out of the remaining dark night (and occasionally, nightly) vestiges of… racism.

नमस्ते

Additional Ninth Circuit Appeals — From Tangerine’s Losses, On Holding Minors In Hotels — Look To Be… Dying Off Now.

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On Friday, in about 12 separate pending cases before the Ninth Circuit (from various trial level losses by Baby-T, Bill Barr and Sarah Fabian under the so-called Title 42 program), the court on its own motion suggested that since the Biden administration is ending the T policy, such as it was, these appeals may well be mooted shortly.

The panel called for the views of all parties on the below matters in quite a few cases, as I say — and that is good. These will all soon be gone (just like Tangerine Mussolini is):

…Filed order (WILLIAM A. FLETCHER, MARSHA S. BERZON and MILAN D. SMITH, JR.)

It appears that the Centers for Disease Control and Prevention (“CDC”) has suspended the Order Suspending the Right To Introduce Certain Persons From Countries Where a Quarantinable Communicable Disease Exists, 85 Fed. Reg. 65,806 (Oct. 16, 2020) (“Title 42 Order”), with respect to unaccompanied minors, pending the CDC’s “reassessment” of the Title 42 Order. See Notice of Temporary Exception from Expulsion of Unaccompanied Noncitizen Children Encountered in the United States Pending Forthcoming Public Health Determination (Feb. 11, 2021).

Within 14 days of the date of this Order, the parties shall provide the Court with a status report addressing: (1) the current status of the CDC’s reassessment of the Title 42 Order; (2) whether the government is continuing to expel accompanied minors under the Title 42 Order, and whether it is reconsidering its practice of holding these minors in hotels prior to their expulsion; and (3) how these considerations affect whether this appeal should go forward. [12026646] [20-55951, 20-56052] (WL) [Entered: 03/05/2021 04:34 PM]….

Onward, to bright new days ahead — grinning, as Spring is coming here. Finally.

नमस्ते