#Ruth Cosgrove

[head-vampire]

The Deathstones by E.L. Arch (1964)

Art by Ed Emshwiller

Source

[papermoonloveslucy]

SEPTEMBER 11

Since 2001, the date September 11th has been a date associated with the life-changing terrorist attacks on America. But previously, the date was one of the busiest in the Lucille Ball calendar, with memorable performances of her three hit sitcoms in three decades. Lucille Ball’s mission in life was to make us laugh - even in our darkest moments.  So while we remember the events of 2001, let’s take a quick tour through the date in the life of Lucille Ball.  

1960

The September 11, 1960 issue of Parade Magazine (which was inserted into Sunday newspapers nationwide) featured a unique and colorful portrait of Lucille Ball. The article inside was “Lucille Ball: Life Without Desi”. The couple formally divorced in April 1960, five months earlier.  This coincided with her last appearance as Lucy Ricardo. Although this would be the first September since 1951 that she wasn’t on series television, she was still working; promoting her new film with Bob Hope called Critic’s Choice. Toward that end, two weeks later, she appeared on “The Garry Moore Show.”

1937

On September 11, 1937 Hollywood columnist Jimmy Starr of the LA Evening Herald Express, rated the film Stage Door as ‘Outstanding’ stating that “smaller roles were excellently portrayed by Lucille Ball and others.” 

1943

The Hollywood Bond Cavalcade, a 16-city, two week railroad tour of American by a dozen Hollywood celebrities, comes to New York City on September 11, 1943 for a gala performance at Madison Square Garden designed to sell war bonds to defray the debt incurred by the USA during World War II. Desi Arnaz had gone on a similar tour the year before - but 1943 was Lucy’s turn. Much of America was still reeling financially and emotionally from the effects of the War. 

1953

Perhaps the most dramatic September 11th in Lucille Ball’s life came in 1953, when she was accused of being a Communist by the House Un-American Activities Committee (HUAC). 

The news broke on the very same night that “The Girls Go Into Business” (ILL S3;E2) went before the cameras in Desilu’s brand new studio. Needless to say, the news could not be ignored, and prompted Desi’s now famous remarks in his pre-show welcome:  

“Lucy has always had a clear conscience about this. She has never been a Communist, and what’s more, she hates every Communist in Hollywood. The only thing red about Lucy is her hair, and even that is not legitimate.” 

1955

On Sunday, September 11, 1955, CBS airs the 22nd of 25 repeats of early episodes of “I Love Lucy” under the umbrella title of “The Sunday Lucy Show”. Under the impression that few viewers had a TV set when the series first began,CBS polled viewers to decide which episodes to air in their early Sunday evening time slot (6pm). This week’s entry is “New Neighbors” (ILL S1;E21) from 1952.

1961

On September 11, 1961 CBS aired the fourth and final re-run of "I Love Lucy” to fill a month-long scheduling gap. This is the last prime-time airing of the series in a regular time slot.

1967

On September 11, 1967, Lucille Ball kicks off the sixth and final season of “The Lucy Show” with Milton and Ruth Berle playing themselves.  

This was one of many appearances by Milton Berle, who appeared on all of Lucille Ball’s CBS sitcoms, despite being the reigning king of NBC. While all was hysterical on screen, there was a lot of life-changing activity going on for Lucille Ball. 

This is the last episode directed by Maury Thompson, who had started working for Desilu in 1956. Ball heard that Thompson wanted a raise and decided to dismiss him and bring back the show’s original director, Jack Donohue. 

Having made Desilu profitable again, Ball had just agreed to take the big step of selling Desilu to Paramount, dissolving the company by the end of 1967 and starting up her own Lucille Ball Productions (LBP) to produce a new sitcom, “Here’s Lucy,” rather than work for Paramount. This was perhaps the biggest business decision that Executive Lucy would make in her entire career. 

1972

After season 4 of “Here’s Lucy” wrapped, Lucille Ball experienced a run of bad luck. First, the final episode of the season was designed as a pilot for a spin-off series starring Lucie Arnaz, but CBS declined to pick-up the show for production. At the same time, Vivian Vance, who was being eyed as a reliable sidekick for Lucy should Lucie get her own show, was diagnosed with breast cancer.  Finally, in January 1972 on a ski trip to her condo in Snowmass, Colorado, Lucille Ball broke her leg. Instead of canceling the series, Ball had the injury written into the scripts, so that Lucy Carter would also have a broken leg. Almost all of this season’s scripts had to be quickly rewritten or postponed.  The injury meant that Ball would have to limit her physical comedy and musical numbers and re-think the show’s overall dynamics.  It also meant that her plans to start filming the musical film Mame would be put on hold until her injuries healed.  The September 11, 1972 episode that kicked off this extended plot-line was titled “Lucy’s Big Break” (HL S5;E1). 

To add to that, earlier in the day on September 11, 1972 Ball made her first appearance on Dinah Shore’s syndicated talk show “Dinah’s Place”. Lucy makes Irish coffee and tells Dinah how she broke her leg.

The night before this episode aired (September 10, 1972), Lucille Ball had appeared on “A Salute to Television’s 25th Anniversary” on ABC, getting an award alongside Bob Hope. Quite a busy 24 hours for Lucy fans! 

1984

The week of September 11, 1984, Lucille Ball, now 73 years old, begins a week of appearances on the pantomime game show “Body Language” playing against Charles Nelson Reilly and hosted by Tom Kennedy. She returned to the show over Christmas week in 1984. Lucy was also depicted on the box cover of the board game of Body Language, as well as doing TV commercials for the game. The show managed only a fraction of the audience of other daytime games and CBS canceled the game in late 1985 after only one season on the air. 

Through the years, many of Lucille Ball’s co-stars passed away on September 11: 

1959 ~ Paul Douglas died at age 52. He played himself in “Lucy Wants A Career” (LDCH E9) which aired just five months before his death. 

1970 ~ Chester Morris died at age 69. He appeared in Five Came Back (1939, above) and The Marines Fly High (1940) with Lucille Ball. 

1987 ~ Lorne Green died at age 72.  The star of NBC’s “Bonanza” from 1959 to 1973. He appeared with Lucille Ball on “Dean Martin’s 1968 Christmas Show,” “Dinah Shore’s Like Hep!”, “Swing Out Sweet Land,” and “Zenith’s A Salute to TV’s 25th Anniversary.” 

1994 ~ Jessica Tandy died at age 85. Tandy and Lucille Ball were both recipients of “The Kennedy Center Honors” in December 1986. The ceremony was televised on CBS on Boxing Day 1986.   

1998 ~ Dane Clark died at age 86. He was the star of Desilu’s “Wire Service” (1956-57), did two episode of Desilu’s “The Untouchables” (1962-63) and appeared with Desi Arnaz Jr. in “Police Story” in 1976.

2003 ~ John Ritter died at age 54. Lucille Ball was an outspoken fan of John Ritter, hosting a ‘best of’ special for his hit sitcom “Three’s Company” in 1982. Ritter guest-starred as himself on her final sitcom, “Life With Lucy” (1986). 

2004 ~ Fred Ebb died at age 76. Ebb produced and wrote the Shirley MacLaine TV special “Gypsy in My Soul” (1976) that co-starred Lucille Ball. 

THE GREATEST TRIBUTE

[stuff-and-shenanigans]

I’ve been crying about this since I got home tonight. My Oz collection. Complete and together. The Famous Forty, plus a few other goodies. Five genuine antique editions. Two verified first editions, including one with dust jacket intact (!) This took me 14 years to collect. I just wish I had a bigger bookshelf...

[publicdomainguy]

Public Domain: Wizard of Oz

The Wizard of Oz books and characters were originally written and created by L. Frank Baum and published May 17th 1900 and sold more than three million copies before hitting the PD in 1956. Over the course of two decades Baum wrote an additional 13 books adding to his fantastical world that many fans grew to love and each of which have fallen into the PD between the years of 1956 and 1996.

When Baum originally wrote the Wizard of Oz the IP was protected under the copyright act of 1831 which gave him 28 years of protection with the option of a renewal lasting fourteen years but this changed and his ownership/copyright was extended due to the law change of 1909 which added 28 years to the original copyright retroactively giving Baum and all creators a total of 56 years of protection. The L. Frank Baum Trust renewed all of the Oz books at the time but it’s eventual loss in 1956 gave Reilly and Lee (who published all the other Baum Oz books) a chance to release their own version, another company using the legal loophole of creating a new version of public domain property to gain some semblance of ownership. 

Of course Baum wasn’t the only Author, four others added to his worlds and characters from Ruth Plumly Thompson to John R. Neill, Rachel R. Cosgrove and most recently Eloise Jarvis McGraw and Lauren McGraw who wrote the final of the famous forty in 1980 called The Forbidden Fountain of Oz. 

After the Baum books (which are all now Public Domain) only Thompsons works have begun to enter the public domain starting with her first book The Royal Book of Oz which entered the PD in 1997 to The Lost King of Oz which became PD this year (2021) six books in total so far and with every January 1st for the next ten to fifteen years each of her books will fall into the PD too, although oddly her final five books did not have their copyright renewed which means they are already the property of the Public Domain having fallen out of Copyright between 1963-67. 

The final book in the collectively known Famous Forty Oz books will not enter the Public Domain until Seventy years after the authors death which would be beyond 2070 so it’s a long wait to get hold of the complete famous forty but over the next few years we will see a new Oz book enter the PD on January 1st otherwise known as Public Domain Day. 

You are free to do with the first 20 or so books and five later ones (Baum and Thompson era) as you wish, whether that be film them, adapt into a comic, audio book, rewrite into a new genre etc. you are free to do so just remember to share it on r/public domain so we can bask in your talented glory. 

      Bonus: the 1910 silent Oz film is also in the Public Domain but the more famous 1939 is not. This is still protected due to a legal ruling from the US Eighth Circuit which said that because the film was not a truly faithful adaptation of the book it remained protected so if you do fancy taking your hand to the world of Oz then prepare for some hefty copyright trolls. 

[yelyah1x1]

i’m currently looking for more discord 1x1s!

i do all pairings (m/f, m/m, and f/f) and will play male and female. however, i’d really enjoy the ability to choose for myself which gender i play in a plot.

i would be prefer if all interested writers are 18+, can handle mature situations, and are relatively open as far as face claims go!

i don’t do supernatural or any other non-human scenarios as i’m illiterate on the subject, but most all other scenarios i’m down for.

faces i’d like for plots; bold are faces i’d like to play or play against. ◦ females: aja naomi king, ana de armas, cassadee pope, chloe mortez, cindy kimberly, dakota johnson, danielle campbell, elizabeth gillies, emily kinney, emma watson, gigi hadid, hannah snowdon, hayley williams, hilary duff, jennette mccurdy, jenn im, jenna mcdougall, jesy nelson, kendall jenner, lana del rey, leigh-anne pinnock, lights poxleitner, mila kunis, miley cyrus, miranda cosgrove, nicola peltz, normani kordei, olivia cooke, perrie edwards, rihanna, ruth kearney, selena gomez. ◦ males: aaron taylor-johnson, ansel elgort, avan jogia, charlie hunnam, cole sprouse, dave franco, dylan sprouse, gabe saporta, harry styles, hunter parrish, jack falahee, jamie dornan, kendrick sampson, liam payne, max thieriot, michael b. jordan, nick jonas, oliver sykes, reece king, rian dawson, shia labeouf, steven yeun, taron egerton, tom hardy, zayn malik. *note: i’m not limited to only these faces. they’re just a general idea.

if you’re interested either like this, or shoot me a message via tumblr im!

[findmyrupertfriend]

Do you watch Ozark? I sometimes get a Quinn vibe from Jason Bateman/Marty Byrd

Yes, I got hooked right before S3 came out, and I just binged it!

But…I really don’t think so? Spoilers ahead, so tread lightly Ozark fans if you haven’t binged the entire S3 yet!

Marty obviously came back with a bigger set of cojones after Navarro kidnapped his ass down to Mexico. I was liking it a bit, although I don’t think he went full Quinn. Full Quinn would have been what Darlene did to Frank Cosgrove, Jr. Quinn would not let that shit stand! He would’ve protected and avenged Ruth 💯

That being said, I think Ruth gives me a bit more Quinn vibes. She’s a fucking badass and got her own set of cojones, even if she is honestly scared and vulnerable inside. 

[locktobre]

What songs remind you of: merlylie, patricia/lazslo

GOD song asks are so embarrassing, you monster! I have garbage music taste but I refuse to be judged for it! Bitch!

Merlylie:

“Accidentally in Love” by Counting Crows

“Big Blue Wave” by Hey Ocean!

“Kissin U” by Miranda Cosgrove

“Deep End” by Daughtry

Trish/Laz

“Run to Me” by Clarence Coffee, Jr.

“In My Dreams” by Ruth B.

“Marry You” by Bruno Mars   

[realpeterabell]

Faceless forces

When you encounter people who denigrate and deride The National, try rattling off a list of the columnists who write for the paper ─ Stuart Cosgrove, David Pratt, Kirsty Strickland, Joanna Cherry, Andrew Tickell, Ruth Wishart, Lesley Riddoch and the rest. My guess is that you’ll draw blank stares at most of the names you mention. The sad fact is that pitifully few folk actually read what these…

[peterabell]

Faceless forces

When you encounter people who denigrate and deride The National, try rattling off a list of the columnists who write for the paper ─ Stuart Cosgrove, David Pratt, Kirsty Strickland, Joanna Cherry, Andrew Tickell, Ruth Wishart, Lesley Riddoch and the rest. My guess is that you’ll draw blank stares at most of the names you mention. The sad fact is that pitifully few folk actually read what these…

[abriefingwithmichael]

Other than a couple of wonderful scenes with the ever-hilarious Marylouise Burke this episode was a succession of intense big moments. Ties were severed and lines were drawn in the sand. It was utterly gripping. 

10/10

[buttwyatt]

also i watched castle rock on hulu and i don’t know how they did it but they managed to cast every single actor......... you got sissy spacek, that guy from shameless, the other skarsgard, the lady cop from fargo season 1, the lady who brought her baby into the bar in sweet home alabama, RUTH FISHER!!!!!!!!, not one but TWO dudes from the leftovers, terry “DON’T TELL ME WHAT I CAN’T DO” o’quinn.......... but most importantly, KEN COSGROVE

[papermoonloveslucy]

MILTON BERLE

July 12, 1908

Milton Berle was born Milton (Mendel) Berlinger in New York City on July 12, 1908. He started performing at the age of five. He perfected his comedy in vaudeville, early silent films, and then on radio, before taking his act to the small screen, where he would be proclaimed “Mr. Television” and later “Uncle Miltie.” He hosted “Texaco Star Theater” on NBC from 1948 to 1956. The variety show was re-titled "The Milton Berle Show” in 1954 when Texaco dropped their sponsorship. The program was briefly revived in 1958, but lasted only one season. One of his classic bits was to dress in drag. 

Berle won two Emmy Awards in 1950 for Most Kinescoped Personality and Best Kinescope show - a category that only existed in 1950. Here they are used as set dressing for his office on “The Lucy-Desi Comedy Hour” in 1959. Desilu also reproduced his TV Guide cover from earlier in the year. The caricature is by Al Hirschfeld. Berle received an honorary Emmy in 1979 engraved “Mr. Television”. 

Lucille Ball and Desi Arnaz appeared on “The Milton Berle Show” on February 22, 1949, although Berle was out sick, replaced by Walter O’Keefe, delaying a Berle and Ball collaboration until 1950, when Berle hosted “Show of The Year: Cerebral Palsy Telethon” on June 10 and Lucy and Desi were guests.  In the decade that followed, Berle (on NBC) and Ball (on CBS) both became the biggest stars of television. 

Like Lucille Ball, Uncle Miltie had his own comic book!  This is the first issue dated December 1950. 

Ball and Berle returned for a second season of their respective TV shows in 1952, sharing the cover of this regional TV Guide. 

Lucille Ball was atop the TV totem pole on the cover of this April 1953 TV Guide while Milton Berle stands on the shoulders of Imogene Coca and Sid Caesar, flanked by the Texaco gas pump and holding a jester’s staff. This was only the third National issue and the second to feature Lucille Ball. 

‘Mr. Television’ and ‘The Queen of Comedy’ finally came together in 1959 on “The Lucy-Desi Comedy Hour” episode “Milton Berle Hides Out at the Ricardos” (LDCH E11). Berle plays himself, promoting his new novel “Earthquake”.  As the above photo shows, Berle does his drag act while hiding out to finish his next book. That same year, Lucy and Milton both participated in a tribute to Eleanor Roosevelt on her Diamond Jubilee. It was broadcast on NBC. 

Also in 1959, Lucy and Desi returned the favor by appearing on “Sunday Showcase: The Lucy-Desi Milton Berle Special” on NBC.  The special was set in Las Vegas and the Arnaz’s played the Ricardos.  

In December 1965, shortly after Lucy Carmichael moved to Los Angeles on “The Lucy Show,” “Lucy Saves Milton Berle” when she thinks he has taken to drink. Berle (playing himself) is doing research for a movie, and tells Lucy that the drunk she saw was actually his brother Arthur!  

In payback, Lucille Ball appears on the first episode of Berle’s new variety show, “The Milton Berle Show” on September 9, 1966. The show only lasts one season. 

A few weeks later, once again trading appearances, Milton Berle does a brief wordless cameo in “Lucy and John Wayne” on “The Lucy Show.” 

Two seasons later, Lucy Carmichael will again meet Milton Berle for the first time in "Lucy Meets the Berles”. This time, however, she meets both Milton and his wife, Ruth Cosgrove Berle, who also plays herself. 

On “Here’s Lucy,” Berle finally gets to play a character different than himself as used car dealer Cheerful Charlie in a November 1969 installment that also features his real-life brother Jack (right).

For the opening of season 24 of “The Ed Sullivan Show” Ed hosts the ‘Georgie Awards’ for Entertainer of the Year, from Caesar’s Palace, Las Vegas. Lucille Ball and Milton Berle are on hand to present awards.

“The 23rd Annual Primetime Emmy Awards” were broadcast on NBC on . May 9, 1971. Lucy attended the Awards with her husband Gary, her daughter Lucie, and her son-in-law Phil Vandervoort. Milton Berle was also in attendance.

“Zenith Presents: A Salute to Television’s 25th Anniversary” on September 10, 1972, brought together many of the most popular names of early broadcasting and included classic film clips, kine-scopes, video tape segments, and the personal memories of those who were a vital part of entertainment history.  Naturally this included Ball, Berle, and Hope. 

In late 1973, the Friars Club celebrated presented “A Show Business Salute To Milton Berle”. Sammy Davis Jr. hosted with guests Lucille Ball, Jackie Gleason, Bob Hope, Kirk Douglas, Red Foxx, and Carol O’Connor.  

A few months later, Berle made his only appearance on “Here’s Lucy” (once again playing himself) in “Milton Berle is the Life of the Party”.  Lucy Carter bids on Berle’s appearance on a telethon in order to enliven one of her dreary parties. 

When “The Dean Martin Celebrity Roast” feted Lucille Ball in 1975, Milton Berle was one of the many colleagues on hand to roast and toast the Queen of Comedy. 

While America was celebrating its bicentennial in 1976, the National Broadcast Corporation was celebrating 50 years in show business with “NBC: The First 50 Years.”  Naturally, “Mr. Television” (an NBC star) and Lucille Ball (then very associated with CBS) were there to mark the occasion.  A few days later, CBS honored Lucille Ball for a quarter century of television with “CBS Salutes Lucy: The First 25 Years”.  Berle hopped over to the Tiffany Network to help pay tribute. 

Less than a month later, Lucy and Milton were back on “The Dean Martin Celebrity Roast” to rib their mutual friend Danny Thomas, who spent time on both NBC and CBS during his career. 

On March 26, 1978, Lucille Ball, Joey Bishop, George Carlin, Johnny Carson, Angie Dickinson, Kirk Douglas, Jim Henson, Bob Hope, Gabe Kaplan, Gene Kelly, Donny and Marie Osmond, Gregory Peck, and Carl Reiner were all on hand for “A Tribute to Mr. Television, Milton Berle”. 

Lucy and Milton were back in Vegas for yet another “Dean Martin Celebrity Roast” to honor actor Jimmy Stewart in 1979.  

In 1980, Lucy and Miltie were present for “Sinatra: The First 40 Years” at Caesar’s Palace Las Vegas. 

“Bob Hope’s 30th Anniversary Television Special” on January 18, 1981, was a retrospect of Bob Hope’s first 30 years on TV. Celebrating with Bob are guests Lucille Ball, Milton Berle, Danny Thomas, George Burns, Sammy Davis Jr., and many others.

Milton Berle (in drag) joined Lucille Ball for “Bob Hope’s Women I Love - Beautiful But Funny” on February 28, 1982.  Other than Bob, Milton was the only other biological male in the show! 

Appropriately, Milton Berle and Lucille Ball were among the first inductees into “The First Annual Television Academy Hall of Fame Awards” on March 4, 1984. Steve Allen introduces Berle while Carol Burnett does the honors for Ball.

That same year “Bob Hope’s Unrehearsed Antics of the Stars”.  Ball tells Hope about her disastrous audition for Gone With the Wind. 

Berle and Ball (now an NBC employee) are there for the special “Bob Hope Buys NBC?” in 1985. Former President Gerald Ford also makes an appearance! 

As President of the Friars Club, Milton Berle was present for most all of their events, including their tribute to Gene Kelly in late 1985.  Lucille Ball and Gary Morton also attending the honoring. 

Lucille Ball was a presenter at “The 38th Primetime Emmy Awards” on September 21, 1986.  Milton Berle was also in attendance. 

The final performance of Lucille Ball on television was in “Happy Birthday, Bob: 50 Stars Salute Your 50 Years at NBC” on May 16, 1988. She sang “Comedy is No Joke”.  Milton Berle was also in attendance. 

For the “AFI Life Achievement Award: A Salute to Jack Lemmon” on March 10, 1988 The audience is full of celebrity friends, including including Lucille Ball and Milton Berle.

“The Princess Grace Foundation Special Gala Tribute to Cary Grant” on October 19, 1988. Lucille Ball attends with her husband, Gary Morton. Milton Berle is also there. 

This would be the last time Ball and Berle shared the same television marquee.  Lucille Ball died six months later. A week before her passing, Ruth Cosgrove Berle died. In 1991, he married again to Lorna Adams. They remained married until Milton Berle died of colon cancer in 2002 at age 93.   

“I live to laugh, and I laugh to live.” ~ Milton Berle

[dailynewswebsite]

The case of Biden versus Trump – or how a judge could decide the presidential election

Will judges determine who wins the presidential election? Geoff Livingston/Getty

Think about the morning of Wednesday, Nov. 4, 2020. Given the unprecedented variety of mail-in votes this election, Individuals might get up and nonetheless not know who gained the presidential contest between Republican President Donald J. Trump and Democratic challenger Joseph Biden.

The competition could possibly be so shut {that a} outcome can’t be recognized till mail-in ballots in a number of key states, maybe Wisconsin, Pennsylvania, Michigan or Florida, may be absolutely counted.

It’s conceivable that both candidate will refuse to simply accept the outcome, whether or not earlier than or after the counting of absentee or mail-in ballots. That would result in a number of lawsuits to cease the counting, to maintain counting or to power a recount.

Amid what’s going to seemingly be a flood of expenses, countercharges and lots of heated rhetoric from campaigns and supporters, there are prescribed authorized processes that may play out within the occasion of election challenges. Right here is how that may seemingly work.

The place challenges start – and sometimes finish

With only some exceptions, states run elections. By advantage of Article 1, Part Four of the Structure, state regulation governs virtually each side of the electoral course of, together with most elements of voter eligibility, the placement and hours of polling locations, candidate entry to the poll and the members of the state’s Electoral Faculty.

Consequently, electoral challenges should start – and sometimes will finish – in state courts, which can apply that state’s legal guidelines.

A candidate who needs to problem the end in any explicit state should first establish what provision of state regulation the election didn’t fulfill. In a intently contested nationwide election, the place the leads to some states are unsure and could also be for a lot of days, this may seemingly end in a number of circumstances being filed concurrently in a number of states, and by each main get together candidates.

Congress has additionally supplied that every state should have a mechanism for resolving any disputes that come up and that the state’s willpower “shall be conclusive.”

Typically, because of this state regulation, as interpreted and utilized by state courts, will decide which candidate wins that state’s electoral votes.

Ordinarily, a choice by a state’s highest court docket about how you can apply a state regulation can’t be appealed to a federal court docket. In such a case, the ultimate choice in an election problem rests with the state’s supreme court docket.

The 2000 presidential contest between George W. Bush, left, and Al Gore, proper, ended with a Supreme Courtroom choice. Chris Hondros/Getty

How one can get to federal court docket

As seen within the 2000 case of Bush v. Gore, nevertheless, there are occasions when a federal court docket can hear an election-related case.

For a contested election case to be taken up by a federal court docket, there should be an allegation that federal constitutional rights, reminiscent of 14th Modification claims to equal safety or due technique of regulation, have been violated.

Equally, if an individual alleges that their proper to vote was abridged due to their race or shade, that case can be heard in a federal court docket underneath the provisions of the Voting Rights Act of 1965, which is predicated on the 15th Modification.

Bush v. Gore was the fruits of quite a few lawsuits triggered by the shut vote in Florida. After each campaigns filed lawsuits in varied state courts, the Florida Supreme Courtroom determined to increase the hand-counting of votes till Nov. 26, 2000, eight days after the state’s statutory deadline for certifying the election outcomes to Congress. The Bush marketing campaign challenged that call within the U.S. Supreme Courtroom.

In a 5-Four opinion, the Supreme Courtroom dominated that the mandated recount ordered by the Florida Supreme Courtroom violated the equal safety clause.

The Supreme Courtroom reasoned that the failure of Florida courts to determine a uniform commonplace for figuring out authorized from unlawful votes in a recount created the potential for totally different requirements being utilized by totally different counties. The court docket concluded that this was a violation of 14th Modification rights to due course of and equal safety of the regulation.

The Orlando Sentinel struggled to report the shut leads to a contested presidential election. AP Photograph/Peter Cosgrove

‘The individuals’s will’

Though the info of Bush v. Gore had been distinctive and messy, because the court docket itself famous, it isn’t tough to foresee one and even a number of comparable challenges arising within the 2020 election. And the place the lawsuits concerned in Bush v. Gore all originated in Florida, this time the chaos might attain throughout a number of states.

Certainly, many specialists foresee the potential for lawsuits in a number of key states this November. Relying upon the character of the declare made by the get together bringing the lawsuit, many – if not most – of those circumstances will originate in state courts, and at just about the identical time.

However it’s also fairly seemingly, as occurred within the 2000 election, that some – although not all – of the choices in these circumstances might be appealed to the Supreme Courtroom as a result of one get together may declare the choice violated the Structure.

This units up a state of affairs the place the result of the election might activate a number of court docket choices, a few of them involving state courts.

[Expertise in your inbox. Sign up for The Conversation’s newsletter and get expert takes on today’s news, every day.]

And that might result in a political downside.

Within the 2000 election, the Supreme Courtroom’s choice successfully settled the election, however solely as a result of each events and the individuals selected to simply accept the choice – or extra exactly, selected to simply accept the court docket’s authority to make the choice.

Whether or not the general public would settle for an electoral outcome decided by a state supreme court docket, or some mixture of state court docket and federal court docket choices, appears far more uncertain. Furthermore, in some states, supreme court docket judges are elected. A subset of these are partisan elections, the place judicial candidates run underneath a celebration affiliation, elevating the prospect that a few of these choices will seem like politically motivated.

Certainly, 20 years after Bush v. Gore, in an period of hyperpartisanship, it doesn’t appear apparent that the general public would – and even ought to – settle for the Supreme Courtroom’s legitimacy as a impartial adjudicator.

The latest loss of life of Justice Ruth Bader Ginsburg highlights a easy truth: The Supreme Courtroom is itself a crucial difficulty of intense partisan battle within the 2020 election.

If Ginsburg’s seat shouldn’t be stuffed earlier than the election – and, as a constitutional scholar, I imagine there are compelling causes it shouldn’t be – then an eight-justice court docket may cut up 4-Four within the imaginary case of Biden v. Trump. Such a choice may look to residents like get together politics wearing black robes somewhat than an train in constitutional motive.

Bush v. Gore triggered a nationwide debate not solely about what the Structure means, but additionally concerning the well being and well-being of the American polity. As I’ve written elsewhere, “Political democracies don’t select their leaders by judicial fiat. They elect them, often by political majorities.”

And as Supreme Courtroom Justice Stephen Breyer notes, “the individuals’s will is what elections are about.”

John E. Finn doesn’t work for, seek the advice of, personal shares in or obtain funding from any firm or organisation that will profit from this text, and has disclosed no related affiliations past their educational appointment.

from Growth News https://growthnews.in/the-case-of-biden-versus-trump-or-how-a-judge-could-decide-the-presidential-election/ via https://growthnews.in

[quite-contrary]

My Perfect Playlists

These are my personal favorites – I hope you enjoy if you listen to them!

HOMEWORK/CHILL

ROS - Mac Miller

Saw You In a Dream - The Japanese House

My Kind of Woman - Mac Demarco

Million Reasons - Lady Gaga

Sweet Creature - Harry Styles

Child’s Play - SZA (ft. Chance the Rapper)

Dust In the Wind - Kansas

literally anything by John Mayer

CAR JAMS

DNA. - Kendrick Lamar

Bohemian Rhapsody - Queen

Bonfire - Childish Gambino

Congratulations - Post Malone (ft. Quavo)

That’s What I Like - Bruno Mars

M.O.N.E.Y. - The 1975

Heart Out - The 1975

Antidote - Travis Scott

Cabaret - Azizi Gibson

Army - Ellie Goulding

Caroline - Aminé

Eye In the Sky - The Alan Parsons Project

Carry On My Wayward Son - Kansas

Tear In My Heart - twenty one pilots

Trouble - Never Shout Never

Adore You - Miley Cyrus

Mercy - Shawn Mendes

SUMMER (warning: most of these are country songs)

Better Man - Little Big Down

Catch Girl - Matt Chase

Die a Happy Man - Thomas Rhett

Follow Me - Uncle Kracker

Like the Way - Aer

Merry Go ‘Round - Kacey Musgraves

My Church - Maren Morris

Nine In the Afternoon - Panic! At the Disco

Songbird - Aer

Stay - Zedd & Alessia Cara

Kiwi - Harry Styles

Brown Eyed Girl - Van Morrison

Wide Open Spaces - Dixie Chicks

Blue Ain’t Your Color - Keith Urban

IN-BETWEEN DAYS

Body - Wet

City of Stars - Ryan Gosling & Emma Stone

If I Could Fly - One Direction

Landslide - Dixie Chicks

Lost Boy - Ruth B.

Medicine - The 1975

Sick of Losing Soulmates - dodie

Sign of the Times - Harry Styles

Robbers - The 1975

Weak - Wet

Location - Khalid

Supermodel - SZA

Because - The Beatles

If I Believe You - The 1975

Redbone - Childish Gambino

WORKOUT

Into You (Alex Ghenea remix) - Ariana Grande

Big Rings - Drake & Future

Bounce Back - Big Sean

Envy - 116

Shabba - A$AP Ferg (ft. A$AP Rocky)

15th and the 1st - Gucci Mane & Waka Flocka Flame (ft. YG Hootie)

No Shopping - French Montana (ft. Drake)

Gucci Please - Gucci Mane

XXX. - Kendrick Lamar (ft. U2)

THROWBACK SONGS

I Write Sins Not Tragedies - Panic! At the Disco

One Time - Justin Bieber

The Motto - Drake (ft. Lil Wayne)

Ice Ice Baby - Vanilla Ice

About You Now - Miranda Cosgrove

Bad Romance - Lady Gaga

Because of You - Kelly Clarkson

Before He Cheats - Carrie Underwood

Boyfriend - Justin Bieber

Break Your Heart - Taio Cruz

Replay - Iyaz

Burnin’ Up - Jonas Brothers

Everything About You - One Direction

Fire Burning - Sean Kingston

Should’ve Said No - Taylor Swift

My Humps - The Black Eyed Peas

Oops!… I Did It Again - Britney Spears

We R Who We R - Ke$ha

WORSHIP

Christ In Me - Jeremy Camp

Rise - Danny Gokey

Oceans (Where Feet May Fail) - Hillsong UNITED

The Very Next Thing - Casting Crows

Here I Am to Worship

DISNEY

I’ll Make A Man Out of You - Mulan

Part of Your World - The Little Mermaid

Kiss The Girl - The Little Mermaid

When You Wish Upon a Star - Pinocchio

Beauty and the Beast - Beauty and the Beast

You’ll Be in My Heart - Tarzan

A Whole New World - Aladdin

Under the Sea - The Little Mermaid

Hakuna Matata - The Lion King

Friends on the Other Side - The Princess and the Frog

I Won’t Say (I’m in Love) - Hercules

The Bare Necessities - The Jungle Book

You’ve Got a Friend in Me - Toy Story

I See the Light - Tangled

Love Is an Open Door - Frozen

Be Our Guest - Beauty and the Beast

Under the Sea - The Little Mermaid

How Far I’ll Go - Moana

Tulou Tagaloa - Moana

[ericfruits]

Iowa Allows Inquiry Notwithstanding Privilege

The Iowa Supreme Court has allowed discovery into otherwise privileged information in a matter involving a former employee who complained about racial discrimination only after departing from the employment. 

The attorney had investigated the allegations as counsel to the employer.

Fenceroy stopped working for Gelita in March 2013. He filed a complaint with the Iowa Civil Rights Commission (ICRC) a short time later. The complaint charged Gelita with race discrimination. Upon receipt of Fenceroy’s ICRC charge, Gelita retained attorney Ruth Horvatich and tasked her with developing a strategy to defend the company during administrative proceedings.

Pursuant to this representation, Horvatich interviewed several Gelita employees to ascertain the merits of Fenceroy’s complaint. Tolsma was present for and participated in each interview. A union representative, John Hoswald, was also present during the employee interviews. At the end of each interview, Horvatich drafted a witness statement that summarized the employee’s account and instructed the employee to sign the document.

Horvatich’s investigation revealed some Gelita employees had made racially disparaging comments in the workplace. Gelita subsequently terminated one employee, Bob Kersbergen, and disciplined others, including Kent Cosgrove, Tom Haire, and Lewis Bergenske. Horvatich did not participate in any of the disciplinary decisions.

The court

This review presents a significant issue regarding the boundaries of attorney–client privilege and work-product protection. We must decide whether plaintiff’s counsel may depose defense counsel and obtain counsel’s prelawsuit work product. After leaving his job, plaintiff filed an administrative complaint charging his former employer with race discrimination. In response to the charge, the employer hired an attorney to defend the company and investigate the merits of the charge. The employer filed an administrative position statement wherein it relied upon the attorney’s investigation to support its Faragher–Ellerth affirmative defense. In the subsequent civil action, the employer retained the same attorney and again raised the affirmative defense. The employer claimed attorney–client privilege and work-product protection over the investigation and moved for a protective order to prevent plaintiff from deposing defense counsel and obtaining her investigation notes. Yet, in its motion for summary judgment, the employer again relied upon the investigation to support its defense. The district court denied the protective order, and we granted the employer’s interlocutory appeal.

We conclude the district court did not abuse its discretion by denying the defendants’ protective order. When an employer raises a Faragher–Ellerth affirmative defense and relies upon an internal investigation to support that defense, the employer waives attorney–client privilege and nonopinion work-product protection over testimony and documents relating to the investigation. On remand, the employer is permitted to amend its answer and brief to limit the affirmative defense to only the period of plaintiff’s employment. If the employer declines to so amend, it may not claim attorney–client privilege or work-product protection over the 2013 investigation, and plaintiff may depose defense counsel as well as obtain counsel’s investigation notes. 

Justice Waterman dissented

I respectfully dissent and would hold the district court abused it discretion by compelling the deposition of Gelita’s trial counsel Ruth Horvatich and production of her notes prepared in anticipation of litigation.

First, Gelita never waived its attorney–client privilege or work product protection by pleading or arguing the Faragher–Ellerth defense in district court. That defense was based solely on Mr. Fenceroy’s failure to use Gelita’s reporting procedures during his employment, before he retired and filed his discrimination complaint. The majority, contrary to precedent, finds that Gelita impliedly waived the confidentiality of its lawyer’s private notes and client communications by including this sentence in its lengthy brief supporting its motion for summary judgment: “Even though Plaintiff was no longer with Gelita at the time of his Complaint, in response to his charge, the Company investigated his allegations, discharged one employee, and disciplined three others.” I disagree that sentence constitutes an implied waiver. Gelita never relied on confidential attorney–client communications in asserting its defenses. Gelita was not using the attorney–client privilege as both a sword and shield and never blocked proper discovery into a matter it placed at issue.

Second, even if it was a waiver, Gelita clearly has retracted it. The majority questions that a retraction has occurred but allows Gelita the opportunity to retract the waiver on remand. I think this is unnecessary based on a fair reading of the record and Gelita’s appellate briefs.

Third, the majority also misses the opportunity to adopt the showing required under Shelton v. American Motors Corp., 805 F.2d 1323, 1327 (8th Cir. 1986), and confirm that compelling depositions of opposing trial counsel during litigation should be a rare last resort, even when information might be obtained that is not subject to a privilege. This aspect of the court’s ruling could lead to a flurry of depositions of opposing counsel and a corresponding decline in civility in the Iowa bar. Frequently, both plaintiff’s counsel and defendant’s counsel have various nonprivileged interactions with others in the course of working on a case. The majority leaves the door open to each side deposing the other on these interactions. I would not do this. Fenceroy is not entitled to depose Gelita’s trial attorney Horvatich under Shelton...

Going forward, I also fear today’s decision will have a chilling effect on the routine practice of retaining outside counsel to investigate discrimination claims. If the employer’s lawyer can be deposed by plaintiff merely because the employer pleads a Faragher–Ellerth defense, will two different law firms have to be retained—one to investigate and the other to try the case? Will employers limit what they tell their lawyer who may be compelled to testify by the litigation adversary? Or will some employers be reluctant to retain a lawyer who might be compelled to provide adverse testimony? Will such employers lose the benefit of sound legal advice that would otherwise help them improve compliance with employment laws?

Two justices joined the dissent.

As noted, enjoy the improved transparency of the Iowa Supreme Court. (Mike Frisch)

http://lawprofessors.typepad.com/legal_profession/2018/02/the-iowa-supreme-court-this-review-presents-a-significant-issue-regarding-the-boundaries-of-attorneyclient-privilege-and.html

http://lawprofessors.typepad.com/legal_profession/2018/02/the-iowa-supreme-court-this-review-presents-a-significant-issue-regarding-the-boundaries-of-attorneyclient-privilege-and.html

[yelyah1x1]

i’m currently looking for more discord 1x1s!

i do all pairings (m/f, m/m, and f/f) and will play male and female. however, i’d really enjoy the ability to choose for myself which gender i play in a plot.

i would be prefer if all interested writers are 18+, can handle mature situations, and are relatively open as far as face claims go!

i don’t do supernatural or any other non-human scenarios as i’m illiterate on the subject, but most all other scenarios i’m down for.

faces i’d like for plots; bold are faces i’d like to play or play against. females: aja naomi king, ana de armas, cassadee pope, chloe mortez, cindy kimberly, dakota johnson, danielle campbell, elizabeth gillies, emily kinney, emma watson, gigi hadid, hannah snowdon, hayley williams, hilary duff, jennette mccurdy, jenn im, jenna mcdougall, jesy nelson, kendall jenner, lana del rey, leigh-anne pinnock, lights poxleitner, mila kunis, miley cyrus, miranda cosgrove, nicola peltz, normani kordei, olivia cooke, perrie edwards, rihanna, ruth kearney, selena gomez. males: aaron taylor-johnson, ansel elgort, avan jogia, charlie hunnam, cole sprouse, dave franco, dylan sprouse, gabe saporta, harry styles, hunter parrish, jack falahee, jamie dornan, kendrick sampson, liam payne, max thieriot, michael b. jordan, nick jonas, oliver sykes, reece king, rian dawson, shia labeouf, steven yeun, taron egerton, tom hardy, zayn malik. *note: i’m not limited to only these faces. they’re just a general idea.

if you’re interested either like this, or shoot me a message via tumblr im!