It started as a Joan Rivers’ shtick on Fashion Police, but it’s now the basis for a lawsuit in the Western District of Texas between “influencer” Sydney Nicole Gifford and “content creator” Alyssa Sheil.

In the lawsuit filed in April, Gifford — who has over 790,000 followers across Instagram and TikTok — claimed “at least” 30 photo posts across Sheil’s platforms featured “identical styling, tone, camera angle and/or text” to her images.

Gifford also claimed that Sheil — who has 380,000 social media followers — posted “nearly identical videos” to her content.

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Before being subjected to hearings before the appropriate Senate committees for confirmation, senior executive branch nominees undergo investigation by the FBI to ascertain whether they have any issues that could compromise national security and prevent them from clearance for confidential information. And both Democrat and Republican counsel, whether disagreeing on myriad policy matters otherwise, agree that these FBI checks were critical to United States national security.

For several years, we were the Republican and Democratic counsels who reviewed presidential nominees’ background checks for the Senate Judiciary Committee. We know how the confirmation process is supposed to work and how important F.B.I. vetting is to that process. That’s why we’re appalled by reports that the new Republican-led Senate and the incoming Trump administration may dispense with it. Continue reading →

Friends, as you read this it’s Black Friday. The day retailers attempt to move their ledgers into the black by offering deep discounts on shit they marked up to begin with so shoppers feel satisfied as they part with their hard earned dollars.

Unfortunately, Americans no longer give this day the significance it once held. We’ve grown soft with our Cyber Month sales at Amazon and our two-day Wal-Mart deliveries. No longer do we have the killer instinct that produced some viral YouTube videos of grandmothers getting knocked senseless in pursuit of the newest smart TV. Continue reading →

Why it’s called “Black” Friday, I don’t know. Why not “Sale” Friday or “Green” Friday, because green is really what it’s all about. Of course, if that cool new flat screen OLED TV can be sold today for $12.39, why did it cost $2,097.99 last week? Of course, we all know that it costs more to make, market and sell than the ridiculously low price being offered today. We also know that the neither the company whose name is on the TV, as well as the company whose name is on the store or website selling the TV, have to make a profit or they won’t stay in business.  So what gives?

There are, obviously, two big reasons why retailers do this. First, because they have to clear out merchandise that didn’t sell at full price. It’s not doing them any good to have back rooms filled with unsold TVs, each representing money tied up in inventory that’s going nowhere fast. Plus, if the back room is full, where will they put the incoming, next year’s, new and improved, not to mention more expensive, stuff? Continue reading →

Since my son went off the college, he’s brought his friends from college whose either lived too far away to go home for Thanksgiving or couldn’t afford the trip. We always wanted to be the place they were welcome. For well over a decade now, we’ve shared Thanksgiving at Casa de SJ with who our daughter dubbed the “Lost Boys.” They became part of our family.

This Thanksgiving, our son came home with his special person, who is brilliant, lovely and brings me hope of becoming a grandfather some day. But the Lost Boys? They were here last year, except one who was supposed to come but mysteriously went silent and ghosted us at the last minute, causing Dr. SJ much concern and sadness. This year, they no longer needed a second home, a second family, so they wouldn’t be alone on Thanksgiving. Continue reading →

It seems wrong to many that two people, a mother and father, who are within the borders of the United States of America without lawful authorization, should be able to produce a child who, by virtue of having been born here, is American. After all, if the parents never should have been here in the first place, how can their illegal status be magically cleansed for their offspring, who is a birthright citizen? Because that’s what the Fourteenth Amendment to the Constitution says.

Section 1

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.

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Vicki Baker didn’t do anything wrong. She didn’t ask for or facilitate Wesley Little entering her house with a teenage girl, later released. She didn’t let him refuse to leave. She wasn’t even there. And yet, she, and she alone, will bear the cost of the police destroying her house, now that the Supreme Court has denied cert and allowed the Fifth Circuit’s ruling to stand.

The Takings Clause of the Fifth Amendment provides that private property shall not “be taken for public use, without just compensation.” This case raises an important question that has divided the courts of appeals: whether the Takings Clause requires compensation when the government damages private property pursuant to its police power.

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Some of you probably thought about this long ago, but it just clicked with me when I watched a segment on Discovery about how candy became connected to holidays. Back in the 1960s, television saturated American households. They said that between 1950 and 1960, households with televisions went from 8% to 89%. Whether that’s accurate or not, I don’t know, but even if the numbers are less than precise, the point was clear. Americans got their news from television, and there were only three networks, all of which told the same basic story.

What there wasn’t was cable news channels. What there wasn’t was journalists eschewing facts in favor of moral clarity. What there were not were channels dedicated to pushing one tribe’s narrative and denigrating the other’s. What there were not were viewers who watched the station that fed them what they wanted to hear, validated their priors and fed them “news” without regard to facts. Continue reading →

Dr. SJ hates bad food. We try to go to interesting restaurants with reputations for serving good food. Occasionally, a restaurant can be refreshingly inexpensive, but most “good” restaurants are quite pricey. Whether for good food or barely mediocre food, they charge as if they’re serving gold. And whether the dinner is fabulous or tasteless, the check eventually comes and demands to be paid.

Restaurants do not serve you dinner because they love you. They serve you dinner because you pay the tab.  It is a business transaction like any other. It may be framed in terms of love, as in food prepared with love and some personal connection between server and diner, but when dinner is over, you will still have paid and neither the server, hostess, chef, bartender nor cashier will be inviting you to their home for Thanksgiving. Continue reading →

In the normal course of affairs, sentencing follows upon a verdict of guilty like day after night. But then, the Supreme Court doesn’t stick its nose in between the two to issue a ruling as to presidential immunity. And then the defendant, now a convicted felon pending sentencing, isn’t elected President of the United States of America. Justice Juan Merchan is in uncharted territory, there being neither rules nor precedent to inform his next move.

What to do?

The judge overseeing Donald Trump’s criminal hush money trial has adjourned his sentencing, which was set for next week. Continue reading →