A man’s mind stretched to a new idea never goes back to its original dimensions.
There is some confusion since Oliver Wendell Holmes, Jr. and Ralph Waldo Emerson are cited as the author of this and similar variations.
Hour 1
Standing Lesson
The hour opens with an important discussion regarding standing in the federal courts. The book, Closing the Courthouse Door: How Your Constitutional Rights Became Unenforceable takes us to a higher level of understanding.
The law professor explains how, and why, it is hard to have standing in the federal courts. Bill gives this book an A+.
Below is one of the cases cited in the lesson.
Law news
FinCEN issues environmental crimes notice
. . . and (iii) environmental crimes’ contribution to the climate crisis, including threatening ecosystems, decreasing biodiversity, and increasing carbon dioxide in the atmosphere.
Buckley LLP. Buckley, Nov. 30, 2021
https://buckleyfirm.com/blog/2021-11-30/fincen-issues-environmental-crimes-notice#page=1
Bonvillian Marine Service, Inc. v. Pellegrin, No. 20-30767 (5th Cir. 2021)
https://law.justia.com/cases/federal/appellate-courts/ca5/20-30767/20-30767-2021-12-02.html
Short law lesson
Bill addresses the bank’s standing and foreclosure. The bank has statutory standing to commence a foreclosure suit. But, it can lose its standing if it cannot prove up its capacity. That’s the homeowner’s power-play.
Crypto-Asset Page
We are adding a Crypto-Assets Page with posts by federal agencies, international organizations, and the legal industry. Most people focus on the casino. We examine the underlying legal aspects.
https://proselaw.co/crypto-assets-and-the-law
2021-12-01
Federal Agencies Issue Joint Statement on Approach to Crypto-Asset Regulation for Banking Organizations
Stressing the importance of “provid[ing] coordinated and timely clarity where appropriate to promote safety and soundness, consumer protection, and compliance with applicable laws and regulations,” the Agencies detail in the Statement their recently conducted “policy sprints,” in which Agency staff with relevant experience and subject matter expertise conducted preliminary analyses on a range of issues and activities in the crypto-asset space. Defining “crypto-assets” as “any digital asset implemented using cryptographic techniques,” the Agencies noted that the policy sprints were focused on three main areas: . . .
Schulte Roth & Zabel LLP, Dec. 1, 2021
https://www.srz.com/resources/federal-agencies-issue-joint-statement-on-approach-to-crypto.html
And another perspective of the multi-agency effort to regulate crypto-assets.
U.S. Banking Agencies Signal Closer Review of Cryptocurrency Activities
On November 23, 2021, the Office of the Comptroller of the Currency (OCC) published Interpretative Letter No. 11791 (the Letter) clarifying the authority of national banks and federal savings associations (Banks) to engage in certain cryptocurrency, distributed ledger, and stablecoin activities. The Letter also addresses the nature of the interaction between state law and the National Bank Act for purposes of OCC oversight of trust and fiduciary activities of national banks, including national trust banks. The Letter reflects the intent of . . .
Sidley Austin LLP, Dec. 1, 2021
Hour 2
Bill’s Commentary and Challenge
The second hour opens with pointing a bright spotlight at the obvious double-standard the LawFi (Law Fiction) crowd cannot see. He has never seen competent evidence of the birth certificate accounts (CUSIP #s), incarceration bonds, and other legal fairy-tales. A thinking person will hear my double-dare challenge.
Do not conflate these ‘secret conspiracies’ with the law. To do so is legal masturbation.
Law Lesson
Pleading Standards
We return to to book, Closing the Courthouse Door: How Your Constitutional Rights Became Unenforceable. for a discussion on ‘how’ and ‘when’ the Supreme Court raised the bar for access to the federal courts. “Case dismissed,” is too common under the abrupt and unannounced standard.
No longer did courts have to accept the allegations of the complaint as true; the Court said that federal courts should ignore factual allegations that were just conclusions without evidentiary support. To see how radical this is in changing the law, one need only pick up a copy of the Federal Rules of Civil Procedure, the rules that govern the procedures in all civil cases in federal court. Every sample complaint that it presents as acceptable would have had to be dismissed under the new standard adopted by Iqbal, for failing to allege adequate facts.
Erwin Chemerinsky, 2017
More Law News
Blackwater Founder Erik Prince Sues The Intercept Over Russian Mercenary Report
https://theintercept.com/2021/12/02/erik-prince-blackwater-lawsuit-intercept/
Uber sued for deceptive overcharging in class action
New York Southern District Court
1–21-cv-10155
Spates v. Uber Technologies Inc
NYC judge used false allegations to get elected
https://nypost.com/2021/11/27/lawsuit-nyc-judge-used-false-allegations-to-get-elected/
How Can You Destroy a Person’s Life and Only Get a Slap on the Wrist?
Homelessness and Street Life
What are the first things you notice when you become homeless?
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