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Cake day: June 18th, 2023

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  • They’re not using the double jeopardy clause in the US constitution, because, as you stated, the case law on that doesn’t protect him from dual state and federal prosecution.

    Instead, Mr. Mangione is moving to dismiss the state case on the basis of New York’s separate double jeopardy law. That law binds the state of New York, and prevents them from prosecuting something that has already been jeopardised at the federal level.



  • Windows, on the other hand, is a hybrid kernel, which means some functions are managed in user space so that a program has more control over the hardware.

    Windows and Linux are both monolithic kernels, in the sense that most device drivers run in kernel mode with kernel privilege. They’re not like Mach or Hurd.

    Windows outsourced their device driver development early on to the hardware manufacturers, and they encouraged closed-source drivers with separate source trees and builds. To facilitate this, Windows NT developed a system called plug-n-play (PnP) which searches for and loads driver modules (.sys files) from disk into the kernel.

    Linux developed a similar system of loadable kernel modules (.ko files), but their system arrived much later. One reason is that Linux’s GPLv2 license mandates that driver source code be licensed under compatible terms. That and Linux has always been pretty open about accepting driver code into their main source tree. Finally, manufacturers were never interested early on in writing Linux drivers, so the driver development was being done by the community, which was already using the Linux source tree.

    So Linux didn’t have as much pressure to develop a loadable module system. So they did it later.

    To the present day, the majority of Linux device drivers are submitted to mainline Linux and go through the Linux review process. Windows drivers are mainly developed by third parties, but they do have to go through the Windows Hardware Quality Labs review and testing process.

    Apple writes all their MacOS drivers internally, because they are also the hardware OEM.



  • In case some may not be aware, it seems this is about FMLA leave. The Family and Medical Leave Act in the United States guarantees a certain amount of time on unpaid leave for certain family and medical situations. The only protection you get from the law is your employer has to offer you your job back if your leave complies with the act.

    Otherwise, there is no federally guaranteed paid leave (*) of any type. And it’s usually entirely legal to fire people because they carry high (or more commonly low) PTO balances. (California might be a little different on this).

    (*) The only other form a federally guaranteed leave I know about is if you are a military reservist or national guard called up to active duty, your employer must allow you to return to your job after completing active duty.







  • This ruling confirms that there is no other legal path to obtain that data which isn’t a warrant.

    The supreme court ruling doesn’t go this far.

    The ruling says that a search occurred when LEOs obtained the geofenced location data from a service provider. The case was sent back down to the circuit court to determine whether or not a warrant was required.

    There are various exceptions that allow the government to conduct warrantless searches under the 4th amendment. For example:

    • the “frisk” in a Terry stop to search for weapons.
    • search with consent
    • search incident to arrest
    • hot pursuit and exigent circumstance allow police to follow suspects into a place, but not usually to then go looking for stuff.
    • searches within the (generous) border zone for border enforcement
    • searches at airport security and similar contexts
    • public roadway DUI checkpoints and other road safety checkpoints that stop all drivers.

    It’s not obvious that any of those apply to this case, but maybe they do. The circuit court will decide.


  • I’ve been told a fun thing to do in Rome is to walk up to one of the tourist trap restaurants that has a tout at the door. Those guys know like 5 or 6 different languages, and they try to lure unsuspecting tourists to sit down at their restaurant. Anyhow, the play is to walk up to one of these touts and to start speaking Classical Latin at them. Latin is close enough to several Romance languages they do know that it seems familiar, but it’s not quite intelligible. And it’s really confusing to them to figure out which one you are speaking.

    Of course it helps if you’re conversational in Latin.