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thehoodie
Feb 8, 2011

"Eat something made with love and joy - and be forgiven"
I recall seeing a twitter post or something where some guy who died of COVID had mailed his ballot in and it wasn't counted. CBA to look it up though

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Mr. Nice!
Oct 13, 2005

bone shaking.
soul baking.
As with all legal questions, it depends on the state. In Florida, once a ballot is cast, it counts regardless of whether the person lives to election day. So if you early vote and die, your ballot counts. Likewise if you mail it in and the signature matches, your ballot counts even if you croak first.

https://www.ncsl.org/blog/2020/10/20/what-if-an-absentee-voter-dies-before-election-day-.aspx

therobit
Aug 19, 2008

I've been tryin' to speak with you for a long time
There was a girl who died of cancer or something that was being reported about how she was so excited to cast her vote for Biden and didn't know it wouldn't be counted if she died. It makes sense though in that once you check out you no longer get a vote and the election hasn't happened yet until Election day.

BonerGhost
Mar 9, 2007

therobit posted:

There was a girl who died of cancer or something that was being reported about how she was so excited to cast her vote for Biden and didn't know it wouldn't be counted if she died. It makes sense though in that once you check out you no longer get a vote and the election hasn't happened yet until Election day.

It depends on the state, some states conclude the election on election day, some start the election on election day.

Bad Munki
Nov 4, 2008

We're all mad here.


Until 5PM

Outrail
Jan 4, 2009

www.sapphicrobotica.com
:roboluv: :love: :roboluv:

therobit posted:

There was a girl who died of cancer or something that was being reported about how she was so excited to cast her vote for Biden and didn't know it wouldn't be counted if she died. It makes sense though in that once you check out you no longer get a vote and the election hasn't happened yet until Election day.

Jfc that's the saddest thing I've heard in a while. Just wanting your voice heard one last time and dying without knowing if it ever mattered. gently caress.

I hate republicans just a little bit more now.

Carillon
May 9, 2014






Not a legal question for me, but how big of a deal is the Alito stuff? I was reading a few things that acted like it was a huge deal and that this crossed some sort of rubicon for judicial neutrality, but I thought Alito was known as a huge partisan guy and less so for his actual jurisprudence. Was it just saying the quiet part out loud? I don't have enough knowledge to see how norm breaking it is. I just had figured that most of the justices connected to the Federalist society felt the exact same way and it was an open secret.

evilweasel
Aug 24, 2002

Carillon posted:

Not a legal question for me, but how big of a deal is the Alito stuff? I was reading a few things that acted like it was a huge deal and that this crossed some sort of rubicon for judicial neutrality, but I thought Alito was known as a huge partisan guy and less so for his actual jurisprudence. Was it just saying the quiet part out loud? I don't have enough knowledge to see how norm breaking it is. I just had figured that most of the justices connected to the Federalist society felt the exact same way and it was an open secret.

saying the quiet part out loud, yep

everyone in the legal community knows it, but it's the sort of thing you can use to convince someone who doesn't actually read supreme court opinions

Carillon
May 9, 2014






evilweasel posted:

saying the quiet part out loud, yep

everyone in the legal community knows it, but it's the sort of thing you can use to convince someone who doesn't actually read supreme court opinions

So how big of a deal is it actually? I get that the last 4 years have been where norms go to die, but on a scale from this will blow over tomorrow to will have actual consequences, where might it fall?

Bad Munki
Nov 4, 2008

We're all mad here.


Hahahahahaha.

Jean-Paul Shartre
Jan 16, 2015

this sentence no verb


There's literally no law or ethical guidelines that can be imposed on a SCOTUS justice for something like this. He'd have to choose to recuse himself from future cases he discussed and lolnah.

evilweasel
Aug 24, 2002

Carillon posted:

So how big of a deal is it actually? I get that the last 4 years have been where norms go to die, but on a scale from this will blow over tomorrow to will have actual consequences, where might it fall?

it can be used to increase the popularity or political acceptability of court-packing, or of flipping the bird to the supreme court and telling them nice ruling, go enforce it

that's it

Platystemon
Feb 13, 2012

BREADS
What do jury trials look like during a pandemic?

I have to imagine it’s skewed the demographics of available jurors.

Hieronymous Alloy
Jan 30, 2009


Why! Why!! Why must you refuse to accept that Dr. Hieronymous Alloy's Genetically Enhanced Cream Corn Is Superior to the Leading Brand on the Market!?!




Morbid Hound

Platystemon posted:

What do jury trials look like during a pandemic?

I have to imagine it’s skewed the demographics of available jurors.

The traffic courts I work in just haven't had them.

Other attorneys in my office have done two general sessions jury trials in the past two months, one murder charge and one weapons charge. Everything takes longer and is more spread out. Jury selection is a pain and there have been a few incidents I heard about where the judge asked "is everyone happy with the safety arrangements" and jurors have stood up and said "No! This is totally inadequate" etc. and promptly been excused from jury duty. There are plexiglass barriers up everywhere. They haven't let anyone except the trial participants into the courtrooms themselves, so I wasn't able to watch. Both trials ended in not guilty verdicts.

Kalman
Jan 17, 2010

Platystemon posted:

What do jury trials look like during a pandemic?

I have to imagine it’s skewed the demographics of available jurors.

Full of COVID. https://www.law.com/texaslawyer/2020/11/13/after-7-participants-contract-coronavirus-lawyers-agree-to-resume-federal-trial-in-2-weeks/

Harold Fjord
Jan 3, 2004
A friend from law school posted this:

quote:

On Monday a judge called 15 jurors, me, my co-counsel, my client, two prosecutors, a bailiff, two deputies, and a court reporter into court KNOWING that a member of his staff (with a physical office in his chambers) had tested positive with symptomatic covid over the weekend.
This morning I was made to come sit in a crowded jail lobby with my client and approximately 30 other people to sign a form which could have easily been faxed. The check-in person was unmasked (behind glass with an enormous open pass though hole for all of her germs), we were told to sit and wait, we signed a form, and we were told we could go.
Neither of these appearances were necessary to ensure my clients' rights. Both of these appearances were at the insistence of the courts who prioritized the progress of their dockets with reckless disregard for the health and safety of the participants in the criminal justice system.

It's definitely going to vary wildly from jurisdiction to jurisdiction

Javid
Oct 21, 2004

:jpmf:
Are less people showing up (due to the very real danger of infection) or more (because lots more people are unemployed and can do it)?

Kalman
Jan 17, 2010

I know of at least one instance in which a juror came in with a fever at the start of a multi-day trial and the court’s response was to offer them Tylenol and not inform anyone else until days later. I think that’s probably typical in the courts that have resumed in person trials - the difference is really in whether courts are doing in person trials at all.

joat mon
Oct 15, 2009

I am the master of my lamp;
I am the captain of my tub.
One of the local courthouses called a jury pool of 50 (to the county fair barn, to have distancing) and 14 people showed up.
Another is going with a 4-day jury term (for 22 jury trials)

Organza Quiz
Nov 7, 2009


Harold Fjord posted:

A friend from law school posted this:


It's definitely going to vary wildly from jurisdiction to jurisdiction

Meanwhile over here we haven't had a community transmission case since March and the courts are still sending emails to us for directions hearings going DO NOT ATTEND THIS COURT DATE either sort it out by consent or let us know you can't and we'll make a decision in chambers.

They're running most hearings in Microsoft Teams and some of the judges are forcing the barristers to robe up even if it's in their living room, it's great. I think we just didn't have any jury trials until extremely recently though, that seems harder to arrange remotely.

Eminent Domain
Sep 23, 2007



Platystemon posted:

What do jury trials look like during a pandemic?

I have to imagine it’s skewed the demographics of available jurors.

My county had jury trials essentially suspended for about 3~5 months if I remember right. We have resumed them but have to do jury selections off site at another place to allow for proper spacing. We've already had multiple mistrials because a juror was COVID positive and in the courtroom and it derailed everything. The majority of jury trials are being put off until god knows when, the only things that are moving forward are criminal trials where time has not been waived.

Some other jurisdictions are workshopping Zoom trials to avoid one idiot ruining the rest of it.

Outrail
Jan 4, 2009

www.sapphicrobotica.com
:roboluv: :love: :roboluv:
Pretty bizarre the system hasn't leapt onto online everything given the potential cost savings.

Then again the Canadian government still uses fax and refuses to accept emails for a bunch of stuff so there no hope for the lumbering USA beast.

Hieronymous Alloy
Jan 30, 2009


Why! Why!! Why must you refuse to accept that Dr. Hieronymous Alloy's Genetically Enhanced Cream Corn Is Superior to the Leading Brand on the Market!?!




Morbid Hound

Outrail posted:

Pretty bizarre the system hasn't leapt onto online everything given the potential cost savings.

Then again the Canadian government still uses fax and refuses to accept emails for a bunch of stuff so there no hope for the lumbering USA beast.

Doing a trial online is a bit of a farce. You can't expect a witness to testify while calling in from the chair in their dentist's office. You can't do a meaningful cross examination of someone who's sitting in their car in a parking lot. (Both real examples from some webex court bench trial dates I've attended recently, or rather real potential examples -- the prosecutor wanted to go forward and the defense atty in each case blocked it one way or another).

That said a lot of procedural and low-stakes stuff yeah I expect online will become a new standard going forward.

Harold Fjord
Jan 3, 2004

Hieronymous Alloy posted:

Doing a trial online is a bit of a farce. You can't expect a witness to testify while calling in from the chair in their dentist's office. You can't do a meaningful cross examination of someone who's sitting in their car in a parking lot. (Both real examples from some webex court bench trial dates I've attended recently, or rather real potential examples -- the prosecutor wanted to go forward and the defense atty in each case blocked it one way or another).

That said a lot of procedural and low-stakes stuff yeah I expect online will become a new standard going forward.

I did 'low stakes' (the stakes are actually huge to the member of the public involved) hearings by phone for a while and it's definitely a lot more difficult to make what feels like a meaningful credibility assessment that way, but how good are people at those anyway? To use a common scenario "Was [necessary document] submitted?", most of my coworkers tended to believe that if the Agency didn't have the document, the client didn't turn it in. My supervisor went the other way, I had to really convince him that I believed the person was lying about it if that was the case, because the person representing the Agency involved wasn't the only person in the chain handling documents and any number of other Agency workers could have misplaced what was submitted.

Harold Fjord fucked around with this message at 19:02 on Nov 15, 2020

blarzgh
Apr 14, 2009

SNITCHIN' RANDY
Grimey Drawer

Hieronymous Alloy posted:

That said a lot of procedural and low-stakes stuff yeah I expect online will become a new standard going forward.

I had better never be in court again on a motion to compel discovery or a scheduling conference.

Devor
Nov 30, 2004
Lurking more.

blarzgh posted:

I had better never be in court again on a motion to compel discovery or a scheduling conference.

100 years in the future no one will know what "belt and suspenders" approach means because lawyers no longer wear pants

Nice piece of fish
Jan 29, 2008

Ultra Carp
We're turning into that dystopic sci fi society where eveyone talks to eachother with a giant screen instead of a phone.

Only shittier.

There ought to be more spaceships.

Louisgod
Sep 25, 2003

Always Watching
Bread Liar
It’s that time of the year! You know, when you worry that your boomer parents most assuredly are going to get COVID and die alone in the ICU because one of them refuses to quit their low paying nothing job but hey it’s okay, they’re wearing a mask oh and even though a couple other people at the same place got COVID doesn’t mean they will.

So, if that happens, is a probate attorney the best person to reach out to? My parents have wills set aside, overall assets in the estate are pretty sizable ($1m+) but I’m in a different state and my two younger brothers live with my parents so I expect it to be complicated. I’d call into Handel on the law and ask but I’m not in CA.


e: v - cool thanks, I’ll ask them to confirm. This poo poo sucks.

Louisgod fucked around with this message at 14:43 on Nov 16, 2020

euphronius
Feb 18, 2009

Their will will likely name an attorney and executor. You will know if you are those people.

Grip it and rip it
Apr 28, 2020

Platystemon posted:

What do jury trials look like during a pandemic?

I have to imagine it’s skewed the demographics of available jurors.

Cancelled until further notice in my judicial district

Nice piece of fish posted:

We're turning into that dystopic sci fi society where eveyone talks to eachother with a giant screen instead of a phone.

Only shittier.

There ought to be more spaceships.

Public expressions of discontentment anger the algorithm

Grip it and rip it fucked around with this message at 19:06 on Nov 16, 2020

blarzgh
Apr 14, 2009

SNITCHIN' RANDY
Grimey Drawer

Grip it and rip it posted:

Cancelled until further notice in my judicial district

Texas just canned in-person anything until at least Feb 2021

Skunkduster
Jul 15, 2005




Does the US Military have any copyright or trademark over their logos, unit insignia, rank insignia, etc.? As in, if I wanted to make a bunch of military vinyl decals for sale, could the government sue me?

Mr. Nice!
Oct 13, 2005

bone shaking.
soul baking.

SkunkDuster posted:

Does the US Military have any copyright or trademark over their logos, unit insignia, rank insignia, etc.? As in, if I wanted to make a bunch of military vinyl decals for sale, could the government sue me?

Yes. The marine camo pattern (MARPAT) is protected intellectual property which is why the army spent hundreds of millions if not billions on their own bespoke camouflage that actually made you easier to see.

https://gizmodo.com/the-strange-sad-story-of-the-armys-new-billion-dollar-1616285708

Mr. Nice! fucked around with this message at 04:27 on Nov 17, 2020

Captain von Trapp
Jan 23, 2006

I don't like it, and I'm sorry I ever had anything to do with it.
Copyrights no, trademarks yes.

If for instance you want to print tshirts with bald eagles and flags and sappy slogans about Marines, you can do it without any need for permission. But in general the actual Corps logos and seals are protected by trademark so you'd need to follow relevant trademark law. For other specific symbols you'd want to ask the DoD trademark office if they were protected.

null_pointer
Nov 9, 2004

Center in, pull back. Stop. Track 45 right. Stop. Center and stop.

Random factoid, but the hard-right Youtube streamer DevilDogGamer (whom I liked before I realized he was a wack-job Trumper) got "approached" by Marine command for using their logo in his video intros. Because they liked him, they made an effort to work with him to find a solution. He found that youtube had a command to blur certain sections of his videos, so he had his wife grind through his older videos to have that part of his videos obscured. Other, less-likeable former Marines probably didn't get such a generous offer.

Skunkduster
Jul 15, 2005




Interesting replies. Thanks all.

Out of curiosity, say if I did want to use the US Army logo commercially and contacted the DoD trademark office, is there some process to pay them for the rights to use it as their would be with privately owned companies? I served 6 years active duty and, from my experience, you'd grow old and die before being approved or sued.

joat mon
Oct 15, 2009

I am the master of my lamp;
I am the captain of my tub.

SkunkDuster posted:

Interesting replies. Thanks all.

Out of curiosity, say if I did want to use the US Army logo commercially and contacted the DoD trademark office, is there some process to pay them for the rights to use it as their would be with privately owned companies? I served 6 years active duty and, from my experience, you'd grow old and die before being approved or sued.

https://www.defense.gov/Resources/Trademarks/DOD-Trademark-Licensing-Guide/

toplitzin
Jun 13, 2003


https://twitter.com/jbillinson/status/1328860098677121026?s=20

John Cenas Jorts
Dec 21, 2012
Wrongful termination suit theoretical


If I was wrongfully terminated from a position, I wouldn't want to sue the employer to get that position BACK. I feel like that would lead to an incredibly tense/unhappy work even if you won the case. What type of outcomes are people who file wrongful termination suits hoping for?

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Human Tornada
Mar 4, 2005

I been wantin to see a honkey dance.

John Cenas Jorts posted:

Wrongful termination suit theoretical


If I was wrongfully terminated from a position, I wouldn't want to sue the employer to get that position BACK. I feel like that would lead to an incredibly tense/unhappy work even if you won the case. What type of outcomes are people who file wrongful termination suits hoping for?

Money and/or retribution (in the form of money).

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