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Minimum Competence

Minimum Competence

著者: Andrew and Gina Leahey
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Minimum Competence is your daily companion for legal news, designed to bring you up to speed on the day’s major legal stories during your commute home. Each episode is short, clear, and informative—just enough to make you minimally competent on the key developments in law, policy, and regulation. Whether you’re a lawyer, law student, journalist, or just legal-curious, you’ll get a smart summary without the fluff. A full transcript of each episode is available via the companion newsletter at www.minimumcomp.com.

www.minimumcomp.comAndrew Leahey
政治・政府 政治学
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  • Legal News for Fri 9/19 - NIOSH Gutted, Trump Economic Agenda in SCOTUS Hands, ICE Terrorizes DC and Senate Confirms USPTO Head
    2025/09/19
    This Day in Legal History: Lord Haw-Haw SentencedOn September 19, 1945, William Joyce—infamously known as “Lord Haw-Haw”—was sentenced to death by a British court for high treason. Joyce had gained notoriety during World War II for broadcasting Nazi propaganda over German radio to British audiences, aiming to demoralize Allied troops and civilians. Born in Brooklyn, New York, and raised in the UK and Ireland, Joyce later became a naturalized German citizen and an enthusiastic supporter of Hitler. His broadcasts, delivered in a nasal, sneering voice, opened with the phrase “Germany calling,” and earned him the derisive nickname "Lord Haw-Haw" from British listeners.After the war, Joyce was captured by British forces in Germany and brought back to the UK to stand trial. Despite his German citizenship, the court ruled that he had committed treason because he had held a British passport when he began working for the Nazis. His legal defense argued that he owed no allegiance to Britain at the time of the broadcasts, but the court held that possession of the passport created a duty of allegiance. The case raised significant questions about the limits of national loyalty and the reach of British treason laws.On January 6, 1946, Joyce was executed by hanging at Wandsworth Prison, becoming one of the last people to be executed for treason in the UK. The trial and execution were controversial, with some legal scholars and public commentators questioning the soundness of the court’s interpretation of allegiance. Nevertheless, the sentence was seen by many at the time as a necessary response to one of the most prominent domestic collaborators of the war.The National Institute for Occupational Safety and Health (NIOSH), long considered a cost-effective and critical pillar of U.S. workplace safety, has been effectively dismantled under the Trump administration’s 2025 restructuring efforts. The agency, a division of the CDC responsible for certifying N95 masks, studying firefighter deaths, and leading occupational health research, saw roughly 90% of its 1,000 staff receive layoff notices on April 1. This move paralyzed core programs, from black lung screenings to PPE certifications, halting NIOSH's role as both a public safeguard and a quiet corporate consultant. The sudden cuts sparked chaos: lab animals were euthanized, crucial research was frozen, and businesses warned of safety gaps and market instability.Many affected workers have since resigned or are stuck on administrative leave, while others remain in limbo as lawsuits challenge the legality of the terminations. Despite statements from HHS Secretary Robert F. Kennedy Jr. claiming essential functions remain intact, internal confusion and partial walk-backs—like budget proposals still seeking to slash 80% of NIOSH funding—suggest deeper dismantling intentions. Business leaders, labor unions, and safety advocates have united in rare bipartisan pushback, warning of long-term risks to both worker health and industrial standards.The agency's downfall is part of a broader campaign to weaken the federal workforce, spearheaded by Project 2025 architects and executed with sweeping firings, anti-DEI mandates, and deep budget cuts across agencies. Former government scientists describe the collapse of safety infrastructure as a slow, invisible crisis—where the full damage may not emerge for years. With morale shattered and talent fleeing, the future of U.S. workplace safety research is in jeopardy.Trump Team Derailed Corporate America’s Most Valuable ConsultantTwo major elements of President Donald Trump’s economic agenda—his global tariffs and his attempt to remove Federal Reserve Governor Lisa Cook—are now in the hands of the U.S. Supreme Court, raising pivotal questions about the scope of presidential power. The court has agreed to hear a challenge to Trump's use of the International Emergency Economic Powers Act (IEEPA) to impose sweeping tariffs, a law traditionally used to sanction hostile foreign actors, not manage trade. Arguments are set for November 5. Separately, Trump is seeking to fire Cook, claiming misconduct; however, critics argue this is a pretext for targeting her policy views and that doing so violates the 1913 law establishing the Fed's independence.Legal scholars warn that siding with Trump in either case could dramatically expand executive authority. Trump has already tested legal boundaries across immigration, diversity, and civil service policy. While lower courts have often blocked his initiatives, the Supreme Court—now with a 6-3 conservative majority including three Trump appointees—has frequently sided with him. The Cook case raises unprecedented constitutional questions, as no president has ever removed a Fed governor.Meanwhile, Trump's tariff actions have destabilized global trade relations and spurred economic uncertainty, though his allies argue they are central to his economic strategy. A decision ...
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    31 分
  • Legal News for Thurs 9/18 - Disney and Amazon Lawsuits, $1.7B GloriFi Claim, Khalil Fights Deportation and Court Blocks HHS Cuts
    2025/09/18
    This Day in Legal History: Fugitive Slave ActOn September 18, 1850, President Millard Fillmore signed the Fugitive Slave Act into law, intensifying the national divide over slavery. As part of the Compromise of 1850, the law mandated that all escaped enslaved individuals, upon capture, be returned to their enslavers and that officials and citizens of free states were legally obligated to cooperate. Federal commissioners were authorized to issue arrest warrants without a jury trial, and those accused had no right to testify in their own defense.The law also imposed heavy penalties on anyone aiding a fugitive, including fines and imprisonment, which provoked outrage among abolitionists and free Black communities. The act effectively nationalized the institution of slavery, forcing even anti-slavery states to participate in its enforcement. This led to dramatic and sometimes violent resistance, including the formation of vigilance committees and the expansion of the Underground Railroad.Free Black Americans faced new dangers under the law, as it encouraged bounty hunters and unscrupulous officials to seize and enslave them under false pretenses. Several high-profile cases, such as the capture of Anthony Burns in Boston in 1854, drew mass protests and highlighted the law's harsh impact. The Fugitive Slave Act deepened sectional tensions and hardened Northern opposition to slavery, pushing the nation closer to civil war.A Chapter 7 trustee for the bankrupt fintech startup GloriFi has filed a $1.7 billion malpractice lawsuit against law firm Winston & Strawn and its Houston managing partner, Michael Blankenship. The suit alleges the firm prioritized the interests of GloriFi’s founder, Texas oil investor Toby Neugebauer, over the company’s, ultimately contributing to its collapse. GloriFi—formally known as With Purpose Inc.—marketed itself as an “anti-woke” financial institution aimed at conservative consumers. The complaint claims Winston & Strawn enabled Neugebauer to engage in self-dealing, manipulate board control, and undermine corporate governance, deterring major investors and derailing a proposed SPAC merger that once valued the company at $1.7 billion.The trustee accuses the firm of negligence, fiduciary breaches, and aiding fraudulent transfers, alleging its conduct drove investor confidence down and played a key role in the company’s failure. Winston & Strawn denies wrongdoing and promises to contest the "meritless claims." The legal action follows a court-approved settlement earlier this year that allowed GloriFi’s trustee to pursue claims via a separate entity tied to one of the investors. This is one of multiple legal efforts by the trustee, who previously sued Chapman & Cutler LLP over similar allegations related to Neugebauer’s control of the company. High-profile backers of GloriFi included Peter Thiel, Ken Griffin, Vivek Ramaswamy, and an aide to former Vice President Mike Pence.Winston & Strawn Sued in ‘Anti-Woke’ Bank Startup Bankruptcy (1)A U.S. immigration judge ordered the deportation of Mahmoud Khalil, a Palestinian-American activist and Columbia University student, to either Algeria or Syria. The ruling is based on allegations that Khalil intentionally misrepresented facts on his green card application. Khalil’s legal team disputes the decision and plans to appeal, citing a separate federal court order that currently prevents his detention or deportation while his civil rights case proceeds.Khalil, a lawful permanent resident, was previously held for over 100 days by immigration authorities and missed the birth of his child while in custody. He was released in June after a federal judge criticized his prolonged detention over a civil immigration issue as unconstitutional. Khalil claims the government's efforts to remove him are retaliatory, tied to his outspoken pro-Palestinian activism and free speech. He argues that the charges against him are fabricated and politically motivated.The case has drawn criticism from civil rights organizations concerned about the erosion of due process and free speech rights, especially in the context of recent federal pressure on universities to curtail pro-Palestinian protests. Columbia University, where Khalil studies, was a focal point of such demonstrations in the previous year.US immigration judge orders Khalil deportation, his lawyers say separate ruling protects him for now | ReutersA federal judge ruled that Amazon violated consumer protection laws by collecting billing information for its Prime subscription service before clearly disclosing the full terms, giving the Federal Trade Commission (FTC) a partial win in its case against the company. The FTC alleges Amazon used deceptive practices to enroll tens of millions of users in Prime without proper consent and made cancellations deliberately difficult. The judge found that these actions potentially violated the Restore Online Shoppers Confidence Act (ROSCA), and that ...
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    8 分
  • Legal News for Weds 9/17 - KPMG Audits Fall Short, Tesla Crash Settlement, State Terrorism Charges Dropped in Mangione Case and Law Firms Suing Trump Despite Deals
    2025/09/17
    This Day in Legal History: Treaty of Fort PittOn September 17, 1778, the Treaty of Fort Pitt—also known as the Treaty of Fort Pitt or the Delaware Treaty—was signed between the newly independent United States and the Lenape (Delaware) Nation. It was the first formal treaty between the United States and a Native American tribe, signaling an alliance during the Revolutionary War against British forces. The treaty, negotiated at Fort Pitt (present-day Pittsburgh, Pennsylvania), promised military collaboration, mutual defense, and provisions for supplies and protection for the Lenape people. In a striking and largely symbolic provision, the treaty even entertained the idea of creating a 14th state within the Union to be governed by Native Americans.Though the treaty framed the Lenape as equal partners, its promises were quickly eroded by reality. The United States failed to deliver many of the resources it pledged, and the idea of a Native-governed state was abandoned almost as soon as it was proposed. Lenape leaders had agreed to the treaty in part out of necessity, caught between colonial and British expansion and hoping to safeguard their people’s survival. Instead, they faced encroachment, displacement, and repeated betrayals.Within a few years, American militias and settlers would violate the treaty’s terms, seizing land and disregarding Lenape sovereignty. The alliance never materialized in the way it was envisioned. The treaty, once a beacon of potential cooperation, became an early example of the fragility of Native-American treaties with the United States. It set a precedent for broken agreements that would recur throughout American expansion.A Senate report released by Democrats on September 17, 2025, criticized KPMG LLP for failing to act on warning signs at Silicon Valley Bank, Signature Bank, and First Republic Bank prior to their 2023 collapses. The auditors issued clean reports just weeks before the banks failed due to rising interest rates and liquidity issues, yet they allegedly ignored key red flags such as massive asset devaluations, governance concerns, and internal risk assessments. Lawmakers said KPMG adopted an overly narrow view of its responsibilities and maintained close, long-term relationships with the banks, raising questions about its objectivity. The report highlighted a revolving door between KPMG and the banks, with executives and audit staff frequently moving between roles. KPMG defended its audits, saying it followed U.S. standards and criticized the report as out of step with other investigations, which have not blamed auditors for the failures.Senator Richard Blumenthal called for substantial reform to the audit industry, citing “willful blindness” by KPMG and a failure to protect the public. Though the Senate subcommittee's report is unlikely to spur immediate regulatory changes—especially given the political instability at the PCAOB—it proposed new oversight tools, including mandatory auditor rotation and a whistleblower office. The report also recommended making audit enforcement investigations public sooner, arguing that long delays leave investors unaware of potential problems. KPMG, meanwhile, noted it had improved its audit practices and achieved its best regulatory inspection in 15 years.KPMG Dismissed Red Flags at Regional Banks, Senate Review FindsA New York state judge dismissed two terrorism-related charges against Luigi Mangione, who remains accused of second-degree murder in the killing of health insurance executive Brian Thompson. Justice Gregory Carro ruled that prosecutors failed to provide sufficient evidence that Mangione acted with the intent to intimidate health workers or influence government policy—criteria necessary for charges under the state's terrorism statute. While the judge acknowledged the seriousness of the crime, he clarified that not all non-traditional crimes qualify as terrorism.Mangione, 27, still faces nine other charges in the state case, including multiple counts of criminal possession of a weapon and a charge for possessing false identification. He has also been indicted federally, where the U.S. Justice Department is seeking the death penalty. The state court’s decision does not impact the federal terrorism case, which remains active. Thompson, a former CEO at UnitedHealthcare, was shot outside a Midtown Manhattan hotel in December 2024 during a company event.The case has drawn national attention, particularly as concerns grow over politically motivated violence following the recent killing of conservative activist Charlie Kirk. Public reaction to Mangione has been sharply divided, with some viewing him as a vigilante figure amid frustration with rising healthcare costs. Supporters even rallied outside the courthouse, holding signs and wearing themed attire. Mangione has pleaded not guilty to all charges, and no trial dates have been scheduled.Luigi Mangione wins dismissal of terrorism counts in US insurance ...
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    8 分
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