Ruth Bader Ginsburg Undergoes More Cancer Treatments

(Photo by MANDEL NGAN/AFP/Getty Images)

Pete Williams, NBC’s justice correspondent, says that Ruth Bader Ginsburg has undergone more treatment for cancer.

She had out-patient radiation treatment for a malignant tumor on her pancreas. The treatment started August 5th. A bile-duct stent was put in place.

The Court says that there’s no evidence of cancer elsewhere in the body, and no further treatment is needed at this time.

Ruth Bader Ginsburg is not going anywhere, as long as she is alive.

I’m going to go drink heavily now. Actually, screw it, I’m sure I still have some opium hidden around here somewhere.


Elie Mystal is the Executive Editor of Above the Law and a contributor at The Nation. He can be reached @ElieNYC on Twitter, or at elie@abovethelaw.com. He will resist.

At ILTACON with Wolters Kluwer

At this year’s ILTACON, taking place this week in Orlando, Above the Law’s Kathryn Rubino sat down with ETL member Wolters Kluwer to talk about innovation within the industry. Their conversation explored the imperative of pursuing innovation at all levels and across all categories, whether its the small tech startup or the partners at your own firm, in order to create and foster ideas.  For Wolters Kluwer itself, current innovation initiatives include efforts to take the company’s highly regarded traditional content and align it with the practitioner’s workflow, to help save time and increase accuracy. This focus echoed and underscored our other conversations at ILTACON 2019, which also put an emphasis on pushing process into workflow. Tune in below to hear more!

Managing Increased Contract Volume For Legal Ops Professionals

In a world of “do more with less,” corporate legal operations teams are often faced with an increasing contract volume but with no additional resources. Whether you use a homegrown or an older solution that’s just not working anymore, or you have no solution at all, chances are that the growth in your contract volume and complexity are difficult to manage and resource intensive. Join us for a webinar that will focus on:

– Why you need a simple, yet scalable, solution that you can configure and maintain on your own;
– How consumer-style business tools are revolutionizing the operational experience; and
– What AI is NOT capable of, namely, the replacement for your contracting expertise.

Click here to learn from our panel of experts on Friday, September 27, at 1 p.m., including Stephanie Corey, a widely respected veteran in the legal ops field and co-founder of UpLevelOps, and Matt Patel, a CLM solution expert with over 15 years of experience in CLM technology and co-founder of Malbek.

Larry Bird Objects To Mating Bunnies Tattoo On Larry Bird Street Art

Larry Bird, probably wondering how many points he would have scored had he known it was okay to jack up 3s like Steph Curry. (Photo by Vincent Laforet/Getty Images)

Basketball star and former white Jesus, Larry Bird, is very popular in his home state of Indiana. He’s not just a man, he’s a brand, and has a vested interest in how he’s portrayed.

Jules Muck is an Indianapolis based street artist. She makes, you know, art. Her current thing is to make photo-realistic building murals of real people and adorn them with fake tattoos. Which, okay, I guess, sure, why not?

One of her installations is a drawing of Larry Bird sporting a number of tattoos that he, somewhat obviously, doesn’t have in real life. Her Bird has a spiderweb tatt and a tatt of two bunnies have sex (a call back to one of her other installations) and a face tattoo of a cardinal. If I were Bird, that cardinal would really piss me off because Bird played for the Indiana State Sycamores and the Boston Celtics and ran the Indiana Pacers and NONE OF THEM use a stupid cardinal like a heathen from Kentucky or St. Louis.

But for Bird’s lawyers, I guess it was the bunnies thing. From ABA Journal:

Bird’s lawyer, Gary Sallee, explained his client’s objection in an interview with the Indianapolis Star.

“”Larry’s position is he has elevated himself from where he began to where he is now through a lot of hard work. He has developed a brand that is marketable and he needs to protect that brand,” Sallee said. “The mural, as originally painted, was a departure from that brand.”

To avoid litigation over, like, street art, Muck agreed to remove most of the tattoos.

“Larry deserves some sort of prestigious mural,” she said. “That’s not my calling. That’s not what I’m here to do. I just wanted to have a little fun.”

Do not disrespect Larry Bird in Indiana. It’s never worth it.

You can see the original painting here.

Larry Bird mural with tattoos of mating bunnies and spider web brings objection from his lawyer [ABA Journal]

Lawyer Takes Falcon Punch From Client — All Caught On Tape

Vladimir Gagic was hired by the public defender’s office to represent Lamont Payne on assault charges stemming from an alleged beatdown Payne delivered to a corrections officer while already in jail. When Payne grew irritated with the first day of jury selection, he decided to take a swing at his lawyer and clocked him one.

If Payne was this testy during jury selection, one imagines he’ll be really salty when the jury comes back with a verdict.


HeadshotJoe Patrice is a senior editor at Above the Law and co-host of Thinking Like A Lawyer. Feel free to email any tips, questions, or comments. Follow him on Twitter if you’re interested in law, politics, and a healthy dose of college sports news. Joe also serves as a Managing Director at RPN Executive Search.

‘Faithless Elector’ Could Upend American Politics… But Probably Won’t

I mean, you only think you voted. (photo via Getty)

It’s always fun when people realize for the first time that their votes for President of the United States don’t really count. I was raised in a very political household, so I don’t remember a time “not” knowing that the President is not elected by popular vote, rather by the electoral college. But it wasn’t until late middle-school that I learned that the “electors” themselves were actual people who weren’t necessarily bound by the popular votes in their states.

It blew my mind. I think it blows everybody’s minds the first time they learn about it. When we vote for President we’re really voting for a slate of electors, and those electors then cast the “real” vote for the President? What if they choose somebody else? Can anybody stop them? What the hell kind of “democracy” are we running here? This Key & Peele sketch neatly sums up our entire ridiculous system.

http://www.cc.com/video-clips/gc87eq/key-and-peele-dunk-the-vote

A “faithless elector” overturning a Presidential election is a great plot for a novel. And, every four years or so, somebody usually brings up the possibility (usually on behalf of the candidate who is losing). In reality, they’re not really a thing. Most states have laws mandating that electors follow the popular vote of their state. The kinds of people who are chosen as “electors” are usually hardcore partisans who are going to follow the dictates of their party. And even if you find a few electors who are wiling to use their “power” to vote for whoever they want, getting enough of them together to actually flip the results of an entire election is more fantasy than reality.

Still, as a purely technical matter it could happen. And a ruling this week from the Tenth Circuit affirms that it’s entirely within an elector’s power to vote for whoever they like. In Baca v. Colorado Department of State, the court ruled that Colorado could not force its electors to vote according to the popular will of Colorado, despite having a law mandating just that. Instead, 10th Circuit Judge Carolyn B. McHugh (an Obama appointee) ruled that the Constitution inherently gives electors the right to choose, and that right is a federal right that cannot be impinged upon by the state.

From a certain point of view… THAT’S INSANE. Look at what happened in the instant case. Hillary Clinton carried the state of Colorado in 2016. Colorado therefor “elected” a slate of electors chosen by the Democratic Party. But Michael Baca, a Democrat because of course Democrats are freaking terrible at demanding discipline, decided not to vote for Clinton. Instead, he wrote in John Kasich. This guy didn’t vote for the person who won his state, didn’t vote for the person who won the popular vote, didn’t vote for the other person running for President, and instead voted for some other guy.

And the Tenth Circuit says that’s entirely Constitutional for him to do so. And, not for nothing, but Judge McHugh is probably absolutely right about that. There just isn’t anything in the Constitution that requires Baca to do anything but vote for who he thinks should be President.

In our bitterly and closely divided country, it’s not hard to imagine a faithless elector or two banding together and swinging the outcome of a close Electoral College outcome.

But… it’s also not hard to “imagine” an intruder lurking outside your house. The mind does terrible things in the dark of night. Most likely though, that noise you heard was not an axe-murderer trying to climb into your bedroom, it was just a raccoon digging in your trash.

Donald Trump lost the popular vote but “won” the Electoral College in a very close election by 77 votes. To overturn the results of the election you’d have needed to get 78 Republican electors to vote their conscience (as if they had one) and vote for the popular vote winner. That’s not an actual thing that would happen. It’s possible to play with the map to produce an Electoral “tie” or only a one or two vote margin of Electoral victory. But, what we’ve seen is that states tend to move as a group so the kind of results you’d need to get to make that happen are unlikely. You’re just unlikely to get a candidate who loses Michigan, Wisconsin, and Pennsylvania, but wins Ohio and Florida despite losing Virginia yet hanging onto Iowa.

To “overturn” an election, you’d have to get a slate of electors chosen by the winning side to, en masse, not just to write-in a different candidate, but actively vote for the candidate from the other party. It’s possible, but not very plausible.

Don’t get me wrong, the political science dork in me would love to see this happen. Faithless electors overturning an election is pretty much the only way I can see getting enough popular support to amend the Constitution to provide for direct, popular election for the President of the United States. It’s a change that should have been made 200 years ago. The only reason that the Electoral College was a thing in the first place is that lower-population states wanted to protect slavery and Jersey was like “yeah, that makes sense.” The only reason the Electoral College is still a thing is because… the Electoral College is a thing and everybody who might want to be President someday knows that they can’t piss off Iowa or Wisconsin or a bunch of low-pop flyover states that nobody would give a s**t about if not for the Electoral College. Small states know that the Electoral College over-represents them. They’ll never give that up, unless they figure out that Electors can completely ignore them altogether.

So I kind of hope they do, one day. It would be interesting if a bunch of Electors from Missouri decided “screw the people of Missouri, we’re voting our conscience.” Interesting in the way that a nuclear explosion is a fascinating example of the power stored in atoms, but interesting nonetheless.

But it probably won’t happen. And the Electoral College will probably trundle on, doing its part to ensure white-minority rule over the popular will of the country.

Faithless elector: A court ruling just changed how we pick our president [NBC News]

Why Zimbabwe is running on empty, again – The Zimbabwean

The trigger for a sudden surge in prices came last month, when the US dollar was abandoned as legal tender, 10 years after Zimbabwe ditched its worthless local currency and dollarised as inflation hit 89.7-sextillion percent – that’s 20 zeroes.

The same ruling party is at the helm now as 10 years ago, noted Godfrey Kanyenze of the Labour and Economic Research Unit of Zimbabwe, a trade union-linked think tank. And that has added to the worries, he said, because few people trust it has the ability to steer the country out of the current mess – in which a third of the rural population is struggling to cover basic food needs.

Zimbabwe already faces a range of humanitarian concerns, with the UN and international aid groups filling gaps in food security, health and HIV care, water and sanitation, and social protection for vulnerable citizens.

“This is management by crisis,” Kanyenze told The New Humanitarian. The government is “pushing a mantra of ‘austerity for prosperity’, but it’s a government without a human face and it’s just knee-jerk reactions.”

The government says the decision to return to a single, Zimbabwean, currency is crucial to stabilising the economy.

John Kazingizi sells fruit and vegetables with his wife in Hatcliffe market, a high-density suburb of Harare. “What worries me most is prices keep increasing and my sales keep going down, as people are no longer buying as they used to,” he told TNH last week.

The couple struggle to find the money to buy a little fresh stock each day and meet their basic household costs – including repayments on a debt they took out to cover school fees for their five children. “We just need our economy to work again,” said Kazingizi.

The Zimbabwe Coalition on Debt and Development, a social and economic justice NGO, has argued that banning the US dollar and all foreign currencies will simply boost the black market.

“There is a need to address the root causes of the current currency crisis, which are rampant corruption, mismanagement of public finances, and impunity being enjoyed by those that are fuelling the crisis through arbitrage and resource haemorrhage,” the NGO noted in a press statement.

The central bank’s move has not put an end to strike threats, which likely helped prompt the government’s currency decision last month. The Zimbabwe Congress of Trade Unions is warning it will call a stayaway to protest the rising cost of living, although it has not yet set a date.

When the unions last led a work stoppage in January, following the sudden announcement of a fuel price increase of 150 percent, security forces shot dead 17 people and raped 17 women, according to Human Rights Watch.

Fuel prices have been hiked three-more times since January, with an average daily commute now costing as much as $20.

More of the same

President Emmerson Mnangagwa’s cash-strapped government had long insisted the Zimbabwe dollar would only be re-introduced when the economic fundamentals were right.

Yet with inflation almost hitting 175 percent for June, 18-hour power cuts, and 3.5 million people facing drought-induced hunger in the countryside, “the fundamentals are clearly out of whack,” noted Mike Chipere-Ngazimbi, economics researcher at South Africa’s University of Pretoria.

disastrous harvest – with maize production just 45 percent of last season – has compounded the hardships. The World Food Programme aims to reach 1.2 million people with food aid, but by March next year an estimated 5.5 million will be unsure where their next meal will come from.

When Mnangagwa came to power 18 months ago after a military coup ended the 30-year reign of President Robert Mugabe, he promised reforms.

But Mnangagwa, a ruling party stalwart, has failed to deliver a programme attractive enough to investors or multilateral financial institutions, or win over a country shocked by the army’s violent enforcement of last year’s close-run election result.

The one bright spot in Zimbabwe’s recent economic history was a period of coalition government between Mugabe’s ZANU-PF and the opposition Movement for Democratic Change lasting from 2009-2013. Then, GDP growth ramped up to more than 9 percent – although overall poverty levels remained stubbornly high.

To rescue the country from hyperinflation, in which prices doubled almost daily, an early decision in 2009 did away with the Zimbabwe dollar in favour of a basket of foreign currencies. The downside was foreign currency shortages in an import-dependent economy where more dollars leave the country than arrive.

Since then, an ever-more creative series of currency policies have been put in place to address that problem.

Currency conundrums

In 2016, the government introduced bond notes and coins, supposedly worth the same as the US dollar. But they steadily lost value on the informal market – and became an immediate source of arbitrage profits for the well-connected.

The Mnangagwa government has encouraged adopting mobile money to reduce the need for physical cash. According to the reserve bank, mobile money was used for 85 percent of all retail transactions in the last quarter of 2018.

But high transaction fees and a 2 percent government tax makes mobile money expensive – further eroding people’s purchasing power. In the rural areas, where mobile money is the common payment system for livestock sales, people are turning to barter instead, according to FEWS NET, the USAID-funded early warning hunger monitor.

In February, as a step towards creating a local currency, the government introduced the Real Time Gross Settlement dollar, or RTGS – effectively a digital currency harmonising bond notes, mobile money, and debit cards tied to an official US dollar exchange rate.

Immediately, the RTGS dollar began to lose value on the parallel market.

“The economic situation makes us feel like orphans in our own country.”

Last month, the RTGS dollar was trading on the streets at about 13 to the US dollar, more than double the official interbank rate.

On 24 June, the government abruptly decreed that the country’s sole legal tender was the RTGS, renamed the Zimbabwe dollar, and abolished the use of multiple currencies. The aim was to end the informal market contributing to galloping inflation and restore government control over monetary policy.

Civil servants had been threatening to strike, demanding payment in US dollars, and there were reports the military was also unhappy with their RTGS denominated pay packets.

But the introduction of the Zimbabwe dollar has not halted its slide on the black market, and soon after the ban on the use of foreign currencies was announced, Finance Minister Mthuli Ncube said the tourist destination of Victoria Falls was exempted.

“It’s very clear the decision to move to a local currency was done in haste,” said Kanyenze of the labour think tank. “The economy was re-dollarising, and particularly the military were demanding to be paid in dollars.”

Kazingizi, the fruit and vegetable seller, said he sees little sign that things will improve any time soon. His wife gets up every day at 3 am to go to the market, he said, but the family still struggles to stay afloat.

“The economic situation makes us feel like orphans in our own country,” he told TNH.

Police bash Doug Coltart
History Repeats Itself in Zimbabwe

Post published in: Business

Morning Docket: 08.23.19

(image via Getty)

* The DOJ sent a newsletter to the nation’s immigration judges including links to a white nationalist website. Bill Barr is running a real crackerjack organization. [Buzzfeed News]

* A deep question and answer exchange with Penn Law’s Amy Wax and she comes off just as loony as you’d expect. [New Yorker]

* It looks like Michael Avenatti is going to put Nike on trial in his upcoming extortion suit. [Law360]

* A Brad Pitt role holds the key to being a good prosecutor. It’s not Tyler Durden and that’s a little surprising. [ABA Journal]

* Weil Gotshal may have cost investment bankers millions, leaving them mere multimillionaires. [NY Post]

* Ed Whelan seems to have no idea how law review articles are written in this tortured effort to defend Trump circuit appointee Steve Menashi’s reputation. Essentially, Whelan says because Menashi’s controversial article was cited by real academics it must be real scholarship — as opposed to a 2L randomly inserting Menashi into a string cite. [National Review]

* Nicholas Sparks won that fight he’s been having with the former headmaster of his vanity school. [Deadline]

Tongaat unit suspended from trading on Zim stock exchange – The Zimbabwean

The delayed publication relates to complex accounting issues stemming from its JSE-listed parent company’s re-statement of financials following a forensic probe.

The Tongaat unit, which was supposed to have released its results for the period to March 31, 2019, missed its June 2019 deadline but asked for an extension to July 31, which it again failed to meet and applied to the ZSE to be allowed a second extension to August 14.

It missed that deadline again.

“The Zimbabwe Stock Exchange advises members of the investing public that it has put a halt in the trading of Hippo Valley Estates Limited’s (“Hippo”) shares on the ZSE according to Clause 4.13.2 of the ZSE Trading Rules and Procedures.

“This development has been necessitated by a formal request made by Hippo for the suspension of trading in its securities after it failed to publish its audited financial statements for the year ended 31 March 2019 as per the previous public notices,” the ZSE said.

ZSE has now formally requested the Securities and Exchange Commission of Zimbabwe (SECZim) to consider the application for the suspension in terms of the Securities and Exchange Act.

Investors will be advised of the determination by SECZim as soon as it becomes available, ZSE said.

History Repeats Itself in Zimbabwe
Zimbabwe aviation regulator courts more companies to invest in airport business

Post published in: Business