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	<title>
	Comments on: June 19 roundup	</title>
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	<link>https://www.overlawyered.com/2019/06/june-19-roundup-2/</link>
	<description>Chronicling the high cost of our legal system</description>
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		<title>
		By: July 10 roundup &#124; Overlawyered		</title>
		<link>https://www.overlawyered.com/2019/06/june-19-roundup-2/comment-page-1/#comment-355189</link>

		<dc:creator><![CDATA[July 10 roundup &#124; Overlawyered]]></dc:creator>
		<pubDate>Wed, 10 Jul 2019 10:01:30 +0000</pubDate>
		<guid isPermaLink="false">https://www.overlawyered.com/?p=73337#comment-355189</guid>

					<description><![CDATA[[&#8230;] &#8220;Caterpillar Now Going After All The Cats For Trademark Cancellations&#8221; [Timothy Geigner, TechDirt, earlier] [&#8230;]]]></description>
			<content:encoded><![CDATA[<p>[&#8230;] &#8220;Caterpillar Now Going After All The Cats For Trademark Cancellations&#8221; [Timothy Geigner, TechDirt, earlier] [&#8230;]</p>
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		<title>
		By: Hugo S. Cunningham		</title>
		<link>https://www.overlawyered.com/2019/06/june-19-roundup-2/comment-page-1/#comment-354977</link>

		<dc:creator><![CDATA[Hugo S. Cunningham]]></dc:creator>
		<pubDate>Fri, 21 Jun 2019 04:46:11 +0000</pubDate>
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					<description><![CDATA[In reply to &lt;a href=&quot;https://www.overlawyered.com/2019/06/june-19-roundup-2/comment-page-1/#comment-354971&quot;&gt;MattS&lt;/a&gt;.

I would cut back the &quot;interstate commerce&quot; justification to laws genuinely about interstate commerce.  But, in its place, I would expand Congress&#039;s Fourteenth Amendment power to guarantee all citizens the equal protection of the laws.]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://www.overlawyered.com/2019/06/june-19-roundup-2/comment-page-1/#comment-354971">MattS</a>.</p>
<p>I would cut back the &#8220;interstate commerce&#8221; justification to laws genuinely about interstate commerce.  But, in its place, I would expand Congress&#8217;s Fourteenth Amendment power to guarantee all citizens the equal protection of the laws.</p>
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		<title>
		By: Religious establishment and improper delegation at the Supreme Court &#124; Overlawyered		</title>
		<link>https://www.overlawyered.com/2019/06/june-19-roundup-2/comment-page-1/#comment-354976</link>

		<dc:creator><![CDATA[Religious establishment and improper delegation at the Supreme Court &#124; Overlawyered]]></dc:creator>
		<pubDate>Fri, 21 Jun 2019 04:05:09 +0000</pubDate>
		<guid isPermaLink="false">https://www.overlawyered.com/?p=73337#comment-354976</guid>

					<description><![CDATA[[&#8230;] the New Deal.  Justice Neil Gorsuch&#8217;s dissent in Gundy, together with his scalding dissent (earlier) in the double jeopardy/dual sovereignty case Gamble v. U.S. on Monday, makes him the libertarian [&#8230;]]]></description>
			<content:encoded><![CDATA[<p>[&#8230;] the New Deal.  Justice Neil Gorsuch&#8217;s dissent in Gundy, together with his scalding dissent (earlier) in the double jeopardy/dual sovereignty case Gamble v. U.S. on Monday, makes him the libertarian [&#8230;]</p>
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		<title>
		By: MattS		</title>
		<link>https://www.overlawyered.com/2019/06/june-19-roundup-2/comment-page-1/#comment-354971</link>

		<dc:creator><![CDATA[MattS]]></dc:creator>
		<pubDate>Thu, 20 Jun 2019 20:32:31 +0000</pubDate>
		<guid isPermaLink="false">https://www.overlawyered.com/?p=73337#comment-354971</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://www.overlawyered.com/2019/06/june-19-roundup-2/comment-page-1/#comment-354967&quot;&gt;cecil&lt;/a&gt;.

&quot;if it is a matter left to the states, then should there be a federal law involved at all?&quot;

Maybe, if limited to federal land where state law has no jurisdiction and cases where the crime itself crosses state lines.  

However, the DOJ&#039;s current doctrine on federal criminal jurisdiction under the commerce clause is absurd.  They claim they have valid jurisdiction if a tool used to commit the crime traveled in interstate commerce 30 years before the crime was committed. In other words, in today&#039;s world, they always have jurisdiction on interstate commerce grounds.  Heads we win, tails you lose.]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://www.overlawyered.com/2019/06/june-19-roundup-2/comment-page-1/#comment-354967">cecil</a>.</p>
<p>&#8220;if it is a matter left to the states, then should there be a federal law involved at all?&#8221;</p>
<p>Maybe, if limited to federal land where state law has no jurisdiction and cases where the crime itself crosses state lines.  </p>
<p>However, the DOJ&#8217;s current doctrine on federal criminal jurisdiction under the commerce clause is absurd.  They claim they have valid jurisdiction if a tool used to commit the crime traveled in interstate commerce 30 years before the crime was committed. In other words, in today&#8217;s world, they always have jurisdiction on interstate commerce grounds.  Heads we win, tails you lose.</p>
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		<title>
		By: cecil		</title>
		<link>https://www.overlawyered.com/2019/06/june-19-roundup-2/comment-page-1/#comment-354967</link>

		<dc:creator><![CDATA[cecil]]></dc:creator>
		<pubDate>Thu, 20 Jun 2019 16:21:48 +0000</pubDate>
		<guid isPermaLink="false">https://www.overlawyered.com/?p=73337#comment-354967</guid>

					<description><![CDATA[Why should both the state and the federal government make the same thing illegal?  Shouldn&#039;t there be federal preemption, if it is truly worth federal enforcement?  Shouldn&#039;t that cure any possible double jeopardy?
Alternatively, if it is a matter left to the states, then should there be a federal law involved at all?
In short, one way or the other, there should be no dual sovereignty]]></description>
			<content:encoded><![CDATA[<p>Why should both the state and the federal government make the same thing illegal?  Shouldn&#8217;t there be federal preemption, if it is truly worth federal enforcement?  Shouldn&#8217;t that cure any possible double jeopardy?<br />
Alternatively, if it is a matter left to the states, then should there be a federal law involved at all?<br />
In short, one way or the other, there should be no dual sovereignty</p>
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		<title>
		By: Jonathan Bailey		</title>
		<link>https://www.overlawyered.com/2019/06/june-19-roundup-2/comment-page-1/#comment-354959</link>

		<dc:creator><![CDATA[Jonathan Bailey]]></dc:creator>
		<pubDate>Thu, 20 Jun 2019 01:32:34 +0000</pubDate>
		<guid isPermaLink="false">https://www.overlawyered.com/?p=73337#comment-354959</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://www.overlawyered.com/2019/06/june-19-roundup-2/comment-page-1/#comment-354948&quot;&gt;Thomas Wicklund&lt;/a&gt;.

I worked for Caterpillar&#039;s financial services captive at one point. I took a course they were offering at corporate called &quot;Business Law for the Non-Specialist,&quot; which included a module on IP/copyright. CAT&#039;s position was basically that no matter how low the likelihood of anyone confusing something containing the word &quot;cat,&quot; with the CAT trademark or Caterpillar brand they had to at least send a letter so as to show that they were vigorously defending their trademark. And mind you, there was a lot of cheap, knock-off CAT branded merchandise out there, so it wasn&#039;t a completely irrational position to take.]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://www.overlawyered.com/2019/06/june-19-roundup-2/comment-page-1/#comment-354948">Thomas Wicklund</a>.</p>
<p>I worked for Caterpillar&#8217;s financial services captive at one point. I took a course they were offering at corporate called &#8220;Business Law for the Non-Specialist,&#8221; which included a module on IP/copyright. CAT&#8217;s position was basically that no matter how low the likelihood of anyone confusing something containing the word &#8220;cat,&#8221; with the CAT trademark or Caterpillar brand they had to at least send a letter so as to show that they were vigorously defending their trademark. And mind you, there was a lot of cheap, knock-off CAT branded merchandise out there, so it wasn&#8217;t a completely irrational position to take.</p>
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		<title>
		By: MattS		</title>
		<link>https://www.overlawyered.com/2019/06/june-19-roundup-2/comment-page-1/#comment-354958</link>

		<dc:creator><![CDATA[MattS]]></dc:creator>
		<pubDate>Thu, 20 Jun 2019 01:30:24 +0000</pubDate>
		<guid isPermaLink="false">https://www.overlawyered.com/?p=73337#comment-354958</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://www.overlawyered.com/2019/06/june-19-roundup-2/comment-page-1/#comment-354955&quot;&gt;CarLitGuy&lt;/a&gt;.

So McDonald&#039;s food is made of paper/cardboard?  Figures.]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://www.overlawyered.com/2019/06/june-19-roundup-2/comment-page-1/#comment-354955">CarLitGuy</a>.</p>
<p>So McDonald&#8217;s food is made of paper/cardboard?  Figures.</p>
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		<title>
		By: PaulB		</title>
		<link>https://www.overlawyered.com/2019/06/june-19-roundup-2/comment-page-1/#comment-354957</link>

		<dc:creator><![CDATA[PaulB]]></dc:creator>
		<pubDate>Wed, 19 Jun 2019 23:41:51 +0000</pubDate>
		<guid isPermaLink="false">https://www.overlawyered.com/?p=73337#comment-354957</guid>

					<description><![CDATA[Prof. Caplan&#039;s dismissal of Darrow&#039;s arguments is Exhibit A of an academic out of touch with reality.  It&#039;s hard to imagine more unsympathetic defendants than two brilliant students at Chicago from wealthy families that for kicks decided to kidnap, rape (a detail left out of most accounts), and murder a fourteen year old boy for the thrill of it.  Compared to them, Charles Manson&#039;s life prior to his little peccadillos deserves our heartfelt sympathy.

Darrow convinced a judge that defendants who had no redeeming qualities that their lives should be spared, this in an era when capital punishment for first degree murder was common. For Caplan (and Walter too?) to say that they find the logic he used to be unconvincing and overrated suggests that they are using a totally different measuring stick than the one Darrow faced.  Any lawyer who&#039;s been inside a courtroom would have said beforehand that his task was beyond the abilities of any mortal.]]></description>
			<content:encoded><![CDATA[<p>Prof. Caplan&#8217;s dismissal of Darrow&#8217;s arguments is Exhibit A of an academic out of touch with reality.  It&#8217;s hard to imagine more unsympathetic defendants than two brilliant students at Chicago from wealthy families that for kicks decided to kidnap, rape (a detail left out of most accounts), and murder a fourteen year old boy for the thrill of it.  Compared to them, Charles Manson&#8217;s life prior to his little peccadillos deserves our heartfelt sympathy.</p>
<p>Darrow convinced a judge that defendants who had no redeeming qualities that their lives should be spared, this in an era when capital punishment for first degree murder was common. For Caplan (and Walter too?) to say that they find the logic he used to be unconvincing and overrated suggests that they are using a totally different measuring stick than the one Darrow faced.  Any lawyer who&#8217;s been inside a courtroom would have said beforehand that his task was beyond the abilities of any mortal.</p>
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		<title>
		By: Confused Consumer		</title>
		<link>https://www.overlawyered.com/2019/06/june-19-roundup-2/comment-page-1/#comment-354956</link>

		<dc:creator><![CDATA[Confused Consumer]]></dc:creator>
		<pubDate>Wed, 19 Jun 2019 21:31:36 +0000</pubDate>
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					<description><![CDATA[In reply to &lt;a href=&quot;https://www.overlawyered.com/2019/06/june-19-roundup-2/comment-page-1/#comment-354955&quot;&gt;CarLitGuy&lt;/a&gt;.

Shredded cheese in the shakes? Yikes.]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://www.overlawyered.com/2019/06/june-19-roundup-2/comment-page-1/#comment-354955">CarLitGuy</a>.</p>
<p>Shredded cheese in the shakes? Yikes.</p>
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		<title>
		By: CarLitGuy		</title>
		<link>https://www.overlawyered.com/2019/06/june-19-roundup-2/comment-page-1/#comment-354955</link>

		<dc:creator><![CDATA[CarLitGuy]]></dc:creator>
		<pubDate>Wed, 19 Jun 2019 20:24:03 +0000</pubDate>
		<guid isPermaLink="false">https://www.overlawyered.com/?p=73337#comment-354955</guid>

					<description><![CDATA[I thought it was the McDonald&#039;s Shakes that contained edible wood pulp as a thickener/stabilizer.  (Cellulose)

Yep, just checked their ingredient list today.  Still there.  Its no longer in the nuggets, the fried chicken patty, but remains in the fish.

Feel free to check yourself at:  https://www.mcdonalds.com/us/en-us/full-menu.html

Similar results searching Wendy&#039;s, Burger King, Taco Bell, Carl&#039;s Jr, etc - generally in the same types of ingredients (plus shredded cheese).]]></description>
			<content:encoded><![CDATA[<p>I thought it was the McDonald&#8217;s Shakes that contained edible wood pulp as a thickener/stabilizer.  (Cellulose)</p>
<p>Yep, just checked their ingredient list today.  Still there.  Its no longer in the nuggets, the fried chicken patty, but remains in the fish.</p>
<p>Feel free to check yourself at:  <a href="https://www.mcdonalds.com/us/en-us/full-menu.html" rel="nofollow ugc">https://www.mcdonalds.com/us/en-us/full-menu.html</a></p>
<p>Similar results searching Wendy&#8217;s, Burger King, Taco Bell, Carl&#8217;s Jr, etc &#8211; generally in the same types of ingredients (plus shredded cheese).</p>
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