136 karma · joined April 10, 2020
This has sort of been my experience with induction beyond woks too, it often requires technique and equipment concessions. Great for boiling water and sautéing though. The tops also have durability/longevity issues when compared to gas and that isn’t usually acknowledged.
Closing the freeway feels like a good idea, but then you’d have ~130,000 cars/day traveling on surface streets? The Rappahannock doesn’t allow for many crossings other than 95.
Perhaps if you are able bodied and min good health, but not everyone is so fortunate.
A pro-restaurant argument might be that these alternative websites are interfering with new and extant restaurant-customer relationships, falsely implying a restaurant-delivery co. affiliation, and that the use by the delivery co. of the restaurant trademarks exceeds nominative use. The restaurants might also argue that the distribution of food, how and under what conditions, is part of their product: a delivery company taking too long to deliver an order could harm the quality of their product.
The temporary surrender under 5207(b) is quite limited both in scope and duration, more than you suggest:
> Nothing in this section shall be construed to prohibit any person in subsection (a) from requiring the temporary surrender of a firearm as a condition for entry into any mode of transportation used for rescue or evacuation during a major disaster or emergency, provided that such temporarily surrendered firearm is returned at the completion of such rescue or evacuation.
The reference you make to “otherwise authorized to carry firearms…” (I assume) in 5207(a)(4) is also more limited in scope than you state:
> prohibit the carrying of firearms by any person otherwise authorized to carry firearms under Federal, State, or local law, solely because such person is operating under the direction, control, or supervision of a Federal agency in support of relief from the major disaster or emergency.
I do know of states that relax bearing of arms during an emergency (Florida) and several that largely mirror the federal code. You’ve made a very broad claim that “Legally, you're allowed to use emergency powers to suspend open/concealed carry.” that I don’t think holds across the entire US, and I am skeptical would hold even across a majority of the US. Some concrete examples would be helpful.
No. See for example 42 USC 5207 at the federal level. The southern states I’m familiar with have similar provisions, unsure of others.
Ultimately we don’t know the legal basis of the seizure, it isn’t in the CBP presser and The Verge reporter writes he has no idea of the basis either.
I disagree with the assumption that CBP made an error, with the exception of their presser inducing eye rolling. Maybe they did, but to me it looks like they are acting within their scope.
My guess was this was connected to a 337 case, which is possible although the only OnePlus case I could find is a year old. Seizing goods on import is precisely the purpose of that mechanism. On reflection I am probably wrong about 337 litigation.
Another possibility is that this is related to design infringement, supported by Apple and AirPods being mentioned prominently. CBP is supposed to keep (their definition of) counterfeit goods from entering. If you compare the picture of the box of seized earphones, and then this marketing picture of the AirPods, wouldn’t you think that an average consumer could be confused? I have not reviewed the design patents for the AirPods, but I also don’t think it’s unfair to say that the OnePlus version have a lot in common. There are many design patents covering Apple earphones that could be relevant too.
https://www.usitc.gov/press_room/news_release/2019/er0926ll1...