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Opinio Juris

International law and international relations by Chris Borgen, Peggy McGuinness et al.

http://opiniojuris.org

May 23
The Obama Administration Thinks We’re All Rube

The Obama Administration Thinks We’re All Rube

by Kevin Jon Heller by Kevin Jon Heller There is a classic jury instruction that reads, “[a] witness who is willfully false in one material part of his or her testimony is to be distrusted in others. You may reject the whole…
May 23
Starting at the End

Starting at the End

by Deborah Pearlstein by Deborah Pearlstein Far too much to say for one blog post, so I’ll start with two things I liked about the speech. First, bravo on the President for giving it. Would that he had done it years ago. Indeed, having…
May 23
Link to White House Fact Sheet on Use of Force Procedure

Link to White House Fact Sheet on Use of Force Procedure

by Deborah Pearlstein by Deborah Pearlstein Another must-read today from the White House, a one-pager titled “Fact Sheet: U.S. Policy Standards and Procedures for the Use of Force in Counterterrorism Operations Outside the United States…

Rank this Week: 46

Legal Ethics Forum

By Professors John Dzienkowski, Brad Wendel, John Steele, David Hricik, Andrew Perlman, David McGowan, Laura Appleman, Steve Lubet, Anita Bernstein, Don Burnett, and Steve Berenson..

http://www.legalethicsforum.com/blog/

May 23
ign of the future? "9th Circ. Relieves Broke Law School Grad Of Student Debt"

ign of the future? "9th Circ. Relieves Broke Law School Grad Of Student Debt"

He couldn't pay it back after four years of trying. Now the debt is gone.
May 23
Matter of Lawrence: A Case With Important Professional Responsibility Issue

Matter of Lawrence: A Case With Important Professional Responsibility Issue

The First Department Appellate Division in New York today (May 23) decided Matter of Lawrence, a case that had been up to the N.Y. Court of Appeals, was then remanded for a hearing that was held before former Court of...
May 23
The Federal Government and "reporting up" and "reporting out"

The Federal Government and "reporting up" and "reporting out"

From a comparative view of the IRS scandal using the legal ethics rules (altho, admittedly, the legal ethics rules don't govern for the most part), two aspects of the IRS scandal stand out: (1) the IRS's duty of candor (as...

Rank this Week: 4

International Law Reporter

Edited by Professor Jacob Katz Cogan.

http://ilreports.blogspot.com/

May 23
Schabas, McDermott, & Hayes: The Ashgate Research Companion to International Criminal Law: Critical Perspective

Schabas, McDermott, & Hayes: The Ashgate Research Companion to International Criminal Law: Critical Perspective

William A. Schabas (Middlesex Univ.), Yvonne McDermott (Bangor Univ.), & Niamh Hayes (Institute for International Criminal Investigations) have published The Ashgate Research Companion to International Criminal Law: Critical Perspectives…
May 23
New Issue: Journal of World Intellectual Property

New Issue: Journal of World Intellectual Property

The latest issue of the Journal of World Intellectual Property (Vol. 16, nos. 1-2, March 2013) is out. Contents include:The ATRIP Essay Competition Begoña Gonzalez Otero, Compelling to Disclose Software Interoperable Information: A…
May 23
Call for Submissions: Revue Québécoise de Droit International

Call for Submissions: Revue Québécoise de Droit International

The Revue Québécoise de Droit International has issued a call for submissions for its upcoming issues. Here's the call: Call for Submissions The Québec Journal of International Law (RQDI : Revue québécoise…

Rank this Week: 42

Verdict

Provides legal analysis and commentary on topical legal news and cases.

http://verdict.justia.com/

May 23
Supreme Court’s Ruling in Arlington v. FCC Highlights Debate Over the Meaning and Future of Chevron Deference Doctrine in Administrative Law

Supreme Court’s Ruling in Arlington v. FCC Highlights Debate Over the Meaning and Future of Chevron Deference Doctrine in Administrative Law

Justia columnist and U.C., Davis law professor Vikram David Amar comments on a very recent Supreme Court administrative law opinion, Arlington v. FCC. First,Amar explains the key doctrine of Chevron deference, which was established in an…
May 22
Why Are Republicans Determined to Waste Money on Government? The Upside-Down Logic of Taking Responsibilities (and Funding) Away From the IRS

Why Are Republicans Determined to Waste Money on Government? The Upside-Down Logic of Taking Responsibilities (and Funding) Away From the IRS

Justia columnist, George Washington law professor, and economist Neil Buchanan comments on the recent IRS scandal, which he contends is better labeled a “non-scandal” limited to low-level mistakes and mid-level crisis…
May 21
A Unanimous Supreme Court Ruling Underscores the Limits of Habeas Corpus as a Remedy for State Prisoner

A Unanimous Supreme Court Ruling Underscores the Limits of Habeas Corpus as a Remedy for State Prisoner

Justia columnist and Cornell law professor Michael Dorf comments on Monday’s unanimous Supreme Court ruling in Metrish v. Lancaster, as well as on the more general significance of unanimous rulings. Lancaster, as Dorf explains,…

Rank this Week: 959

Adjunct Law Prof Blog

Focuses on issues of interest to adjunct law professors, including labor law, employment law, employee benefits law and education law issues. By Adjunct Law Professor Mitchell H. Rubinstein.

http://lawprofessors.typepad.com/adjunctprofs/

May 23
DC Circuit Reverses Board In Campaign Threat Case

DC Circuit Reverses Board In Campaign Threat Case

The DC Circuit holds that the NLRB lacked substantial evidence to support its conclusion that a hospital executive's comments during a union organizing campaign conveyed a threat to employees. Flagstaff Med. Ctr. Inc. v. NLRB,…
May 23
Texas: Facebook "Friendship" Alone Does Not Require Recusal

Texas: Facebook "Friendship" Alone Does Not Require Recusal

The Fifth Circuit Court of Appeals of Texas, located in Dallas, held last week that a trial judge's undisclosed Facebook "friendship" with the victim's father in a criminal prosecution alone does not establish grounds for recusal or…
May 22
Campbell Law Review Call for Paper

Campbell Law Review Call for Paper

From the Campbell Law Review website: The Campbell Law Review is pleased to announce a call for papers for its National Edition, which will be focused broadly around Internet Law and related themes. The Internet and associated technologies…

Rank this Week: 93

Legal Theory Blog

Covers constitutional theory, feminist legal theory, law and economics, normative legal theory and more. By University of Illinois Professor Lawrence B. Solum.

http://lsolum.typepad.com/legaltheory/

May 23
Backhouse on Feminist Responses to Sexual Assault

Backhouse on Feminist Responses to Sexual Assault

Constance B. Backhouse (University of Ottawa - Faculty of Law (Common Law)) has posted A Feminist Remedy for Sexual Assault: A Quest for Answers (Sexual Assault Law, Practice, and Activism in a Post Jane Doe Era, pp. 725-739, Elizabeth…
May 23
Colares on Foreign Carbon Restrictions & a Binding Emissions Reduction Treaty

Colares on Foreign Carbon Restrictions & a Binding Emissions Reduction Treaty

Juscelino F. Colares (Case Western Reserve University School of Law) has posted Paths to Carbon Stabilization: How Foreign Carbon-Restricting Reforms Will Affect US Industry, Climate Policy and the Prospects of a Binding Emissions Reduction…
May 23
Heminway on SEC Reform

Heminway on SEC Reform

Joan MacLeod Heminway (University of Tennessee College of Law) has posted Desire, Conservatism, Underfunding, Congressional Meddling, and Study Fatigue: Ingredients for Ongoing Reform at the Securities and Exchange Commission? (University of…

Rank this Week: 20

Nonprofit Law Prof Blog

Covers federal and state laws and cases affecting non-profits. By Professors David A. Brennan and Darryll K. Jones.

http://lawprofessors.typepad.com/nonprofit/

May 23
MOOC accreditation

MOOC accreditation

“MOOC” stands for massive open online courses and just last year the New York Times named 2012 “the year of the MOOC.” Additionally, several of the nation’s most prestigious schools have partnered with nonprofit educational…
May 22
Schervish on wealth transfer and philanthropy

Schervish on wealth transfer and philanthropy

Boston College Sociologist Paul G. Schervish is one of the country’s prominent scholars of philanthropic studies. This August Schervish will be recognized for his contributions and presented with the 2013 ASA Distinguished Career Award.…
May 21
Vulnerability blinds patients of phony nonprofit health clinic

Vulnerability blinds patients of phony nonprofit health clinic

A few weeks ago, a federal judge in California sentenced 58 year-old Christine Daniel to 14 years in federal prison. Daniel, a former doctor and Pentecostal minister, ran a health clinic used to offer Daniel’s “herbal treatments.”…

Rank this Week: 227

The Right Coast

Thoughts from San Diego on law, politics, and culture. By Gail Heriot, Mike Rappaport, Tom Smith and Maimon Schwarzschild.

http://rightcoast.typepad.com/rightcoast/

May 23
Mum talked down Woolwich terrorists who told her: 'We want to start a war in London tonight' - Telegraph

Mum talked down Woolwich terrorists who told her: 'We want to start a war in London tonight' - Telegraph

A mother-of-two described tonight how she put her own life on the line by trying to persuade the soldier’s murderers to hand over their weapons. via www.telegraph.co.uk Read the whole thing. This was one gnarly cub scout momma. --t
May 23
A Berliner in 1963 – but did John F Kennedy once admire Adolf Hitler? - World History - World - The Independent

A Berliner in 1963 – but did John F Kennedy once admire Adolf Hitler? - World History - World - The Independent

After visiting Hitler’s bomb-damaged Bavarian Berghof residence and his Eagle’s Nest mountain retreat, Kennedy noted in his diary: “Anyone who has visited these places can imagine how in a few years, Hitler will emerge from…
May 23
Man and woman arrested on suspicion of conspiracy to murder victim of Woolwich machete attack, named as Drummer Lee Rigby - Crime - UK - The Independent

Man and woman arrested on suspicion of conspiracy to murder victim of Woolwich machete attack, named as Drummer Lee Rigby - Crime - UK - The Independent

Born in Crumpsall in Manchester, Drummer Rigby had joined 2nd Battalion, The Royal Regiment of Fusiliers in 2006 and was an enthusiastic and accomplished member of the Corps of Drums and, alongside his infantry duties, remained passionately…

Rank this Week: 63

The Race to the Bottom

A faculty-student collaboration on corporate governance. By Professor J. Robert Brown, Jr.

http://www.theracetothebottom.org/home/

May 23
Two Nominees for the SEC

Two Nominees for the SEC

The Administration has nominated two candidates to the SEC: Kara Stein, an aide to Jack Reed, the Senator who until recently chaired the Senate Subcommittee on Securities, and Michael Piwowar, an aide to Sen. Mike Crapo (R., Idaho),…
May 23
The Lack of Impartiality in the Proxy Proce

The Lack of Impartiality in the Proxy Proce

The vote is in on the contest over whether position of chair and CEO should be divided at JP Morgan Chase. But a fundamental shift in the traditional dynamics of a proxy contest occurred during the voting process. Shareholders…
May 22
Public Benefit Corporations in Colorado: What Will A Public Benefit Corporation Accomplish?

Public Benefit Corporations in Colorado: What Will A Public Benefit Corporation Accomplish?

Colorado has adopted, effective April 1, 2014, the public benefit corporation act of Colorado (the “PBCA”) that is similar to legislation being considered in Delaware, but completely different from the model benefit corporation…

Rank this Week: 334

Criminal law issues and commentary. Edited by University of San Diego School of Law Dean & Professor of Law Kevin Cole, contributions by Professors Lawrence A. Alexander, Donald A. Dripps, Yale Kamisar, Adam J. Kolber, and Jean Ramirez.

http://lawprofessors.typepad.com/crimprof_blog/

May 23
Metze on Enforcing the Right to Counsel at Trial

Metze on Enforcing the Right to Counsel at Trial

Patrick Metze (Texas Tech University School of Law) has posted Speaking Truth to Power: The Obligation of the Courts to Enforce the Right to Counsel at Trial (45 Texas Tech Law Review (2012)) on SSRN. Here is the abstract: Professor...
May 23
Moliterno on Client Confidences and Wrongful Conviction

Moliterno on Client Confidences and Wrongful Conviction

James E. Moliterno (Washington and Lee University - School of Law) has posted Rectifying Wrongful Convictions: May a Lawyer Reveal Her Client’s Confidences to Rectify the Wrongful Conviction of Another? (Hastings Constitutional Law…
May 22
Dysart on the Protected Innocence Initiative

Dysart on the Protected Innocence Initiative

Tessa L. Dysart (Regent University School of Law) has posted The Protected Innocence Initiative: Building Protective State Law Regimes for America’s Sex-Trafficked Children (Columbia Human Rights Law Review, Vol. 44, 2013) on SSRN. Here is…

Rank this Week: 108

Reproductive Rights Prof Blog

Covers abortion, contraception, pregnancy and fetal rights. By CUNY School of Law Professor Caitlin E. Borgmann.

http://lawprofessors.typepad.com/reproductive_rights/

May 23
Rebecca Cook on Brazilian Maternal Mortality Case

Rebecca Cook on Brazilian Maternal Mortality Case

Rebecca J. Cook (University of Toronto Faculty of Law) has published Human Rights and Maternal Health: Exploring the Effectiveness of the Alyne Decision. The article is available on readcube. Here is the abstract: This article explores the…
May 23
Woodhull Sexual Freedom Alliance Announces 2013 Honoree

Woodhull Sexual Freedom Alliance Announces 2013 Honoree

Woodhull Sexual Freedom Alliance announces: The 2013 Honorees Mandy Carter is one of the leading African-American lesbian activists in the country. She has a 45-year movement history of social, racial and lesbigaytrans justice organizing…
May 23
Search for a Women's Libido Pill Raises Questions About Causes of Waning Female Sex Drive

Search for a Women's Libido Pill Raises Questions About Causes of Waning Female Sex Drive

The New York Times: Unexcited? There May Be a Pill for That, by Daniel Bergner: Linneah sat at a desk at the Center for Sexual Medicine at Sheppard Pratt in the suburbs of Baltimore and filled out a questionnaire. She...

Rank this Week: 112

Althouse

Covers the law and news. From University of Wisconsin Law Professor Ann Althouse.

http://althouse.blogspot.com/

May 23
At the Hosta Hotel...

At the Hosta Hotel...

... it's not too early to settle in for the night.
May 23
TPM says "Obama Declares End To Global War On Terror."

TPM says "Obama Declares End To Global War On Terror."

That's the headline on the front page, linking to an article with the headline "Obama Defends Drone Strikes But Says No Cure-All." So what the hell just happened? A big deal or almost nothing? I assume Obama wanted to appease the doves, but…
May 23
"As frustratingly late as it was — Mr. Obama could and should have said years ago much of what he said today..."

"As frustratingly late as it was — Mr. Obama could and should have said years ago much of what he said today..."

"... there is no underestimating the importance of that statement."So say the editors of The New York Times. No underestimating?! What? So if I say Obama's speech is the least significant thing ever said in the history of mankind, I'm still…

Rank this Week: 40

Underbelly: A Journal of Soft…

Underbelly: A Journal of Soft Information

By Professor Jack Ayer.

http://underbelly-buce.blogspot.com/

May 23
The Early Goya

The Early Goya

I checked in at the Prado in Madrid today for the first time in 17 years and found myself spending more time than I might have expected in a corner where (it seems) not many people linger. I could say "among the Goyas," but it's not…
May 22
Traveling Again

Traveling Again

In Spain, where the bottled blood orange juice from the Corte Inglese tastes like it just hopped off the tree. Must be it doesn't ship well, like the sherry. And speaking of which, I must see if I can find the to-die-for…
May 20
The Senatorial Party

The Senatorial Party

I must have read this before, it's my underlining. But it comes as a revelation: The most significant thing about Herodotus is that he is the literary expression of a whole people, as cunning in their ability to deal with facts as…

Rank this Week: 87

Sentencing Law and Policy

By Moritz College of Law Professor Douglas A. Berman.

http://sentencing.typepad.com/sentencing_law_and_policy/

May 23
NACDL rolls out state-by-state "excessive sentencing" proportionality litigation resource

NACDL rolls out state-by-state "excessive sentencing" proportionality litigation resource

I am extraordinarily proud and excited to report that, as detailed via a new NACDL news release, that the National Association of Criminal Defense Lawyers is now offering, "as a resource for its members and as a service to the...
May 23
Florida Supreme Court rules local public defenders may withdraw from cases based on excessive caseload

Florida Supreme Court rules local public defenders may withdraw from cases based on excessive caseload

As reported in this local article, headlined "Supreme Court to allow public defenders to quit cases due to work load," the top court in Florida today issued a notable opinion concerning the challenges facing and authority given to…
May 23
Is Colorado Governor's grant of "clemency light" to quadruple murderer slick or silly?

Is Colorado Governor's grant of "clemency light" to quadruple murderer slick or silly?

The question in the title of this post is prompted by this Reuters story concerning a fascinating — and clever? crazy? conniving? compelling? — decision made yesterday by the Governor of Coloardo concerning a convicted murderer scheduled…

Rank this Week: 51

Wills, Trusts & Estates Prof…

Wills, Trusts & Estates Prof Blog

By Texas Tech University School of Law Professor Gerry W. Beyer.

http://lawprofessors.typepad.com/trusts_estates_prof/

May 23
UK Supreme Court Clarifies Grounds for Setting Aside Trustee Decision

UK Supreme Court Clarifies Grounds for Setting Aside Trustee Decision

The United Kingdom Supreme Court has clarified in a historic judgment that a court may set aside trustee decisions under the principle of the Hastings-Bass rule or, alternatively, under the equitable remedy of mistake. This judgment covers…
May 23
Cross-Border Marriages Are Rising Along with Legal Hassle

Cross-Border Marriages Are Rising Along with Legal Hassle

In 2010, nearly five million Americans were married to someone born in a different country, a rising trend also found in a number of other countries. International tax and estate planning issues coincide with this trend. Some common issues…
May 23
The New Illinois Decanting Statute

The New Illinois Decanting Statute

Illinois recently enacted Section 16.4 of the Trust and Trustees Act, otherwise known as the Decanting Statute. Decanting allows for flexibility in the terms of an irrevocable trust by permitting trustees to distribute trust assets from one…

Rank this Week: 10

Legal Profession Blog

By Professors S. Alan Childress, Michael S. Frisch and Jeffrey M. Lipshaw.

http://lawprofessors.typepad.com/legal_profession/

May 23
Court Remands Public Defender Case

Court Remands Public Defender Case

The Florida Supreme Court has remanded a case involving public defender claims that they should be permitted to decline appointments and withdraw from cases due to their overloaded dockets. WCTV.com has this report: The Florida Supreme Court…
May 23
In The Home Of the Father

In The Home Of the Father

A Tennessee circuit court judge is the subject of recently-filed charges filed by Disciplinary Counsel with the Court of the Judiciary. The charges allege that the judge was responsible for a matter involving post divorce custody and…
May 23
Downward Departure

Downward Departure

The District of Columbia Court of Appeals has agreed with the Board on Professional Responsibility and declined to impose identical reciprocal discipline in a case where the attorney was disbarred in Maryland. Instead of disbarment, the…

Rank this Week: 35

Balkinization

By Yale Law School Professor Jack M. Balkin.

http://balkin.blogspot.com/

May 23
Obama's National Security Speech--Eloquence, Yes; Change, Less Certain

Obama's National Security Speech--Eloquence, Yes; Change, Less Certain

President Obama's speech today at the National Defense University represents a renewed effort to frame U.S. national security policy and to impose a sense of order and coherence amid mounting criticism of drone killings and Guantanamo.…
May 23
More on compromise

More on compromise

Two friends made important points about m previous post. Dennis Thompson, co-author of The Spirit of Compromise, notes that the term "rotten compromise," used by the Israeli philosopher Avashi Margalit in hid book On Compromise and…
May 22
How (and why) rotten compromises are made (and justified?)

How (and why) rotten compromises are made (and justified?)

The Times reported earlier today on the truly disgraceful decision of Senate Democrats on the House Judiciary Committee to capitulate to Republican homophobia by withdrawing an amendment by Senator Leahy that would have allowed, in the…

Rank this Week: 177

Lawfare

Coveres actions taken or contemplated to protect the nation interact with the nation’s laws and legal institutions, including cybersecurity, Guantánamo habeas litigation, targeted killing, biosecurity, universal jurisdiction, the Alien Tort Statute, and the state secrets privilege. By Benjamin Wittes, Jack Goldsmith and Robert Chesney.

http://www.lawfareblog.com/

May 23
The President’s Speech: A Quick and Dirty Reaction–Part 2 (Guantanamo)

The President’s Speech: A Quick and Dirty Reaction–Part 2 (Guantanamo)

President Obama made two important announcements about aspects of Guantanamo and its detainees in his speech today. These are worth flagging before I pivot and harp on the big problem with the President’s comments about the base and…
May 23
The President’s Speech: A Quick and Dirty Reaction—Part 1 (Are We at War?)

The President’s Speech: A Quick and Dirty Reaction—Part 1 (Are We at War?)

One week ago, a senior Pentagon official went before the Senate Armed Services Committee, along with the Pentagon’s top lawyers, and declared that the armed conflict with Al Qaeda and its associated forces under the AUMF would go…
May 23
The President’s Speech: What About GTMO Detainees Who Cannot be Tried, but also Cannot be Released?

The President’s Speech: What About GTMO Detainees Who Cannot be Tried, but also Cannot be Released?

In his speech today, President Obama explicitly raised this perennial, maddeningly difficult issue. But he stopped well short of proposing a solution. Instead he said that “once we commit to a process of closing GTMO, I am…

Rank this Week: 8

Innocence Blog

The legal blog of theInnocence Project founded in 1992 by Barry C. Scheck and Peter J. Neufeld at the Benjamin N. Cardozo School of Law at Yeshiva University to assist prisoners who could be proven innocent through DNA testing.

http://www.innocenceproject.org/news/Blog.php

May 23
DNA Testing Leads to Overturned Rape Conviction for Wisconsin Man

DNA Testing Leads to Overturned Rape Conviction for Wisconsin Man

A Wisconsin man's 1994 rape conviction was overturned in a Winnebago County Circuit Court Wednesday based on DNA testing pointing to another man. Wisconsin Innocence Project client Joseph Frey was convicted of a 1991 rape based on the…
May 23
Science News - May 23, 2013

Science News - May 23, 2013

An independent review of the New York City medical examiner's office suggests a management change, legislation in Minnesota attempts to require accreditation for crime labs, and Ohio law enforcement addresses a backlog of DNA cases. Here is…
May 23
Texas Exoneree Third to Marry In Three Month

Texas Exoneree Third to Marry In Three Month

Congratulations to Texas exoneree David Wiggins who quietly married his girlfriend Rhonda earlier this month in a private civil ceremony. Wiggins becomes the third Texas exoneree in as many months to tie the knot. Michael Morton was married…

Rank this Week: 267

Constitutional Law Prof Blog

By Professors Steven D. Schwinn and Ruthann Robson

http://lawprofessors.typepad.com/conlaw/

May 23
President Obama on Drones, Guantanamo

President Obama on Drones, Guantanamo

President Obama spoke out today on his administration's use of drone attacks and argued (again) for closing the detention facility at Guantanamo Bay in a speech that looked to wind down the war on terror. Politico reports here. President…
May 20
Marcia Coyle on the Roberts Court

Marcia Coyle on the Roberts Court

Marcia Coyle, Chief Washington Correspondent for the National Law Journal, was kind enough to talk with me last week about her new book, The Roberts Court: The Struggle for the Constitution. The book tells the full stories (including the…
May 20
Third Circuit Invalidates President Obama's NLRB Recess Appointment

Third Circuit Invalidates President Obama's NLRB Recess Appointment

A divided three-judge panel of the Third Circuit last week invalidated President Obama's recess appointment of Craig Becker as a member of the National Labor Relations Board. The ruling, National Labor Relations Board v. New Vista Nursing and…

Rank this Week: 174

Tillers on Evidence and Inference

The evidence blog of Professor Peter Tillers of the Benjamin N. Cardozo School of Law at Yeshiva University.

http://tillerstillers.blogspot.com/

May 23
A True Profile in Courage

A True Profile in Courage

Barack Obama: a genuine profile in courage. I have had reservations about some of Obama's policies. But he has now won me over 100%. That's because President Obama has just proclaimed again his determination to close Guantanamo and reduce…
May 17
Those Blinking (Messy) Declarations!

Those Blinking (Messy) Declarations!

Ah, real-world evidence problems are so messy! Consider the case in which the victim of a homicide - before his death - allegedly identified his killer by blinking his eyes three times. See Lisa Cornwell (AP reporter), Ohioan to appeal…
May 16
Proposed new standards for expert witnesses in family court cases in England and Wale

Proposed new standards for expert witnesses in family court cases in England and Wale

New standards for expert evidence in family courts announced, Consultation launched on exclusion of ‘so-called experts who are not up to scratch’ Fanily Law Week (May 16, 2013?): The Ministry of Justice has proposed…

Rank this Week: 213

Aviation Law Prof Blog

By DePaul University Law Professors Brian F. Havel, Michael S. Jacobs and Andrew Eastmond.

http://lawprofessors.typepad.com/aviation/

May 23
Progess is Slow in ICAO Emissions Talk

Progess is Slow in ICAO Emissions Talk

A report from Reuters last weekend indicated that ICAO-led discussions do not appear to be on track to resolve the question of how to regulate international aviation carbon emissions by this fall as hoped. It's long been understood that a...
May 22
Futurism, Technological Change and Air Space Regulation

Futurism, Technological Change and Air Space Regulation

When teaching international aviation law, one of the themes I like to introduce early in the semester is the interaction between technology and law. How does society and the state respond to disruptive technological change? Given the…
May 21
U.S. Supreme Court to Revisit Field Preemption in Aviation

U.S. Supreme Court to Revisit Field Preemption in Aviation

The United States Supreme Court has granted certiorari in the case of Northwest Airlines v. Ginsberg.The plaintiffs allege that Northwest Airlines committed a breach of contract under Minnesota state law when the airline expelled the…

Rank this Week: 54

TaxProf Blog

By University of Cincinnati Law Professor Paul L. Caron and Ron Jones.

http://taxprof.typepad.com/taxprof_blog/

May 23
Knoll & Mason: A Brief Sur-Reply to Graetz & Warren

Knoll & Mason: A Brief Sur-Reply to Graetz & Warren

Michael S. Knoll (Pennsylvania) & Ruth Mason (Connecticut; moving to Virginia), A Brief Sur-Reply to Professors Graetz and Warren, 123 Yale L.J. Online 1 (2013): We are grateful for the deep engagement by Michael Graetz and Alvin Warren…
May 23
Europe Confronts Corporate Tax Evasion

Europe Confronts Corporate Tax Evasion

BBC: Europe's Push Against Tax Fraud Gains Momentum Financial Times: EU Rushes Out Corporate Tax Transparency Law New York Times: Austria Gives Ground on Banking Secrecy at Meeting of European Union Leaders New York Times: Europe Pushes to…
May 23
McEntee: Federal Government Will Spend $500 Million Less on Law Schools in 2013-14

McEntee: Federal Government Will Spend $500 Million Less on Law Schools in 2013-14

Kyle McEntee (Law School Transparency), The Federal Government’s Massive and Declining Investment in Legal Education: Nowadays, law students borrow from the Department of Education Direct Loan Program for school. These loans are…

Rank this Week: 59

Credit Slips

Discusses credit and bankruptcy. By Professors Bob Lawless, Angela Littwin, Katie Porter, John Pottow, Deborah Thorne and Elizabeth Warren.

http://www.creditslips.org/creditslips/

May 23
Equitable Mootness and Forum Shopping

Equitable Mootness and Forum Shopping

A few weeks ago, the Supreme Court denied cert in a case called Law Debenture Trust Co. v. Charter Communications, Inc. (No. 12-847). The issue was whether the Second Circuit had correctly applied the doctrine of equitable mootness to an...
May 23
Ice Cube Bonds: New Paper on 363 Sales and Chapter 11

Ice Cube Bonds: New Paper on 363 Sales and Chapter 11

FAC UT ARDEAT, begins The Flamethrowers by Rachel Kushner. It means "made to burn," the narrator learns (from that "gasbag . . . Chesil Jones"). Whether your preferred hurry-up 363 sale metaphor involves flames, ice, or a…
May 21
Non-exempt Exempt IRAs and Undercompensated Chapter 7 Trustee

Non-exempt Exempt IRAs and Undercompensated Chapter 7 Trustee

Some chapter 7 trustees have found a problem that could affect thousands of IRAs, leading to the first post in a two-post series on unintended consequences. A better reading of the law is that these IRAs should remain exempt from...

Rank this Week: 176

Workplace Prof Blog

Covers arbitration, disability, employment discrimination, labor law, public employment law and workplace safety. By Professors Richard Bales, Jeffrey M. Hirsch and Marcia L. McCormick.

http://lawprofessors.typepad.com/laborprof_blog/

May 23
Comparative Unjust Dismissal Law

Comparative Unjust Dismissal Law

Normally here at Workplace Prof Blog, we at least like to pretend that we have some shame when it comes to self-promotion by getting fellow bloggers to post on each others' papers. I'm going to break this norm, however, because...
May 23
Call for Papers for International Comparative Sciences Symposium in Sofia, Bulgaria

Call for Papers for International Comparative Sciences Symposium in Sofia, Bulgaria

From friend of the blog, Dara Chernyeva, please consider the following international conference which touches on labor and employment law topics: I'm writing to you to share the call for papers for a International Comparative Sciences…
May 23
Senate HELP Committee Approves NLRB Nomination

Senate HELP Committee Approves NLRB Nomination

Yesterday, the Senate HELP Committee approved all five NLRB nominees. The Republican nominees (Johnson and Miscimarra) got unanimous support; Chairman Pearce (a Dem) had four Republicans vote against him; and Members Block and Griffin (Dems)…

Rank this Week: 101

ImmigrationProf Blog

By Professors Kevin R. Johnson, Bill O. Hing, Michael A. Scaperlanda and Evelyn H. Cruz.

http://lawprofessors.typepad.com/immigration/

May 23
Principles of Fairness Left Out in Senate Judiciary Mark-Up

Principles of Fairness Left Out in Senate Judiciary Mark-Up

From the Immigrant Legal Resource Center: PRINCIPLES FOR IMMIGRATION REFORM THAT PROMOTE FAIRNESS FOR ALL IMMIGRANTS Many of us have fought for years for fundamental fairness for all immigrants. We have sought to roll back harsh mass…
May 23
Indian Immigrant Appointed to D.C. Circuit

Indian Immigrant Appointed to D.C. Circuit

From the Asian American Justice Center: NAPABA AND AAJC APPLAUD CONFIRMATION OF SRI SRINIVASAN Srinivasan Becomes First South Asian American Federal Appellate Court Judge In Nation's History WASHINGTON---Today, the U.S. Senate voted 97 to 0…
May 23
Disappointment with Senate's Failure to Protect Due Proce

Disappointment with Senate's Failure to Protect Due Proce

From Anoop Prasad of the Asian Law Caucus Disappointingly, the Senate Judiciary Committee voted this week to further strip permanent residents with convictions of due process. In 1996, Congress passed harsh laws stripping long term permanent…

Rank this Week: 17

PrawfsBlawg

By Professors Dan Markel, Ethan J. Leib, Rob Howse, Paul Horwitz, Rick Garnett, Matt Bodie, Steve Vladeck and Orly Lobel.

http://prawfsblawg.blogs.com/prawfsblawg/

May 23
Gruesomeness and the First Amendment

Gruesomeness and the First Amendment

As one who is interested in both women's reproductive rights and the First Amendment, I find issues at their intersection of those protections to be inherently fascinating. One such set of issues surrounds abortion protests, and a…
May 23
Police Body Cam

Police Body Cam

This afternoon, I appeared on a HuffPost Live discussion (hosted by Mike Sacks of First-on-First fame) of police use of body cameras to record public stops and interactions. During closing arguments in the trial challenging NYPD policies with…
May 23
LSA Happy Hours and info on the CrimProf Shadow Conference.

LSA Happy Hours and info on the CrimProf Shadow Conference.

Some announcements for folks attending Law and Society next week in Boston: 1) there's a crimprof happy hour on Thursday at 9pm at CityBar, 2) The general Prawfs and friends happy hour will be on Saturday from 9pm at the Sheraton SideBar.…

Rank this Week: 124

California Appellate Report

Thoughts on recent Ninth Circuit and California appellate cases, by University of San Diego School of Law Professor Shaun Martin.

http://calapp.blogspot.com/

May 23
Rybicki v. Carlson (Cal. Ct. App. - May 22, 2013)

Rybicki v. Carlson (Cal. Ct. App. - May 22, 2013)

My interest in cases like this one has definitely increased during the past month or so.The Court of Appeal gets it right. Moreover, it does so concisely, in an opinion that takes less than eight double-spaced…
May 22
People v. Timothy N. (Cal. Ct. App. - May 22, 2013)

People v. Timothy N. (Cal. Ct. App. - May 22, 2013)

When you are a repeat player in the justice system, you've got to do better than this.If you are the California Attorney General, there are so many better vehicles for getting your point across rather than taking this particular…
May 22
People v. Pizarro (Cal. Ct. App. - May 21, 2013)

People v. Pizarro (Cal. Ct. App. - May 21, 2013)

I am exhausted.Not over the stuff you might think. Though that might assuredly play a part.Rather, I am spent -- spent, I tell you -- after reading this opinion by Justice Kane.There is some interesting stuff in the opinion about juror…

Rank this Week: 392

Doorey's Workplace Law Blog

Covers Canadian labour and employment law. By Professor David Doorey.

http://www.yorku.ca/ddoorey/lawblog

May 23
Why Do Workers Support Policies To Weaken Labour Rights?

Why Do Workers Support Policies To Weaken Labour Rights?

My colleague here at the School of HRM at York, Tony Fang, found a while back that the union wage premium in Canada is about 7.7% (see page 13), meaning that unionized workers earn that much more on average than nonunion workers.…
May 20
Upcoming Work Law Conference

Upcoming Work Law Conference

It’s a busy time for labour and employment law academics. I, like many other scholars in work law and industrial relations, am bogged down right now in preparing papers for upcoming academic conferences. This means fewer blog…
May 9
My New Academic Papers on Labour Law

My New Academic Papers on Labour Law

One thing I do on this website is promote Canadian academic scholarship in labour and employment law. You can always find links to many of the best academic papers in the field, from Canadian and foreign academics, on this list of SSRN…

Rank this Week: 270

Securities Law Prof Blog

Covers securities arbitration, state securities law, court decisions and law review articles. By Professor Barbara Black.

http://lawprofessors.typepad.com/securities/

May 23
Former Goldman Banker Settles SEC "Pay-to-Play" Charge

Former Goldman Banker Settles SEC "Pay-to-Play" Charge

Neil M.M. Morrison, a former VP in the investment banking division of Goldman, Sachs, settled SEC charges that he engaged in a "pay-to-play" scheme. The SEC alleged that starting in July 2008 Morrison was employed by Goldman to…
May 23
ISS Settles SEC Charges that Employee Sold Confidential Proxy Voting Results for Ticket

ISS Settles SEC Charges that Employee Sold Confidential Proxy Voting Results for Ticket

The SEC charged proxy adviser Institutional Shareholder Services (ISS) with failing to safeguard the confidential proxy voting information of clients participating in a number of significant proxy contests. ISS, which is registered with the…
May 22
Five Broker-Dealers Settle with Massachusetts over Improper Sales of REIT

Five Broker-Dealers Settle with Massachusetts over Improper Sales of REIT

The Massachusetts Securities Division announced a settlement with five independent broker-dealers for improper sales of REITs that will return over $11 million to Massachusetts investors. The firms are Ameriprise Financial Services,…

Rank this Week: 134

The University of Chicago Law…

The University of Chicago Law School Faculty Podcast

Listen to lectures by and discussions with the faculty of the University of Chicago Law School.

http://www.law.uchicago.edu/facultypodcast.rss

May 23
Todd Henderson, "The Law & Economics of Self-Regulation"

Todd Henderson, "The Law & Economics of Self-Regulation"

Todd Henderson is Professor of Law and Aaron Director Teaching Scholar at the University of Chicago Law School. This talk was recorded on May 3, 2013, at the annual Loop Luncheon held in conjuction with Reunion.
May 9
Richard Epstein, "A History of Public Utility Regulation in the Supreme Court"

Richard Epstein, "A History of Public Utility Regulation in the Supreme Court"

Rate regulation today is often conceived of as an exotic topic of interest only to a select group of pointy-headed specialists. But the truth is quite the opposite. The history of rate regulation raises some of the most fundamental…
Apr 25
Justice Albie Sachs, "Same Sex Marriage Decision in South Africa"

Justice Albie Sachs, "Same Sex Marriage Decision in South Africa"

Justice Albie Sachs of the Constitutional Court of South Africa discussed the Fourie case, gay rights, and the same-sex marriage decision in South Africa. This lecture was recorded on April 9, 2013.

Rank this Week: 275

ProfessorBainbridge.com

Commentary on law, business, economics and culture. By UCLA School of Law Professor Stephen Bainbridge.

http://www.professorbainbridge.com/professorbainbridgecom/

May 23
Useful Delaware Caremark/Derivative suit opinion

Useful Delaware Caremark/Derivative suit opinion

In In re China Agritech Inc. Shareholder Derivative Litigation, C.A. 7163-VCL (May 21, 2013), Delaware VC Travis Laster has put forward a factually rich and legally detailed analysis of how 220 books... [[ This is a content summary only.…
May 23
Drudge having fun at Andrew Weiner's expense

Drudge having fun at Andrew Weiner's expense

Notice the top headline in the upper left hand corner of this screen capture (5/13/2013 at 11:41 AM). Freudian slip or intentional pun? (Click on image for larger size) [[ This is a content summary only. Visit my website for full links, other…
May 23
"If Obama Were a CEO, Government Would Hold Him Responsible for Scandals"

"If Obama Were a CEO, Government Would Hold Him Responsible for Scandals"

A few days ago, I argued for affirmative answer to the question If Obama was CEO of a public corporation and I was the company's general counsel, would I have told him about an audit of misbehaving... [[ This is a content summary only. Visit…

Rank this Week: 31

Land Use Prof Blog

By Professors Will Cook, Chad D. Emerson, Matthew J. Festa, Ngai Pindell and Jamie Baker Roskie.

http://lawprofessors.typepad.com/land_use/

May 23
HELR dialogue on conservation easements and perpetuity

HELR dialogue on conservation easements and perpetuity

This post is, in part, one for my co-blogger Jessie Owley who knows far more about conservation easements than I do, but one I felt readers generally might enjoy. The latest issue of the Harvard Environmental Law Review (Winter 2013)...
May 19
A response from Bill Fischel on school district consolidation, and a query on why special districts continue to fascinate scholar

A response from Bill Fischel on school district consolidation, and a query on why special districts continue to fascinate scholar

I was delighted over the weekend to see a response from Bill Fischel (Dartmouth) on my blog post series about local government units. Bill is undoubtedly well known to many readers of this blog for his work on land use...
May 18
Edwards on the Paradoxes of Restitution

Edwards on the Paradoxes of Restitution

Mark Edwards (William Mitchell) has posted The Paradoxes of Restitution, forthcoming in the West Virginia Law Review. The abstract: Restitution following mass dispossession is often considered both ideal and impossible. Why? This article…

Rank this Week: 899

Religion Clause

By University of Toledo College of Law Professor Howard M. Friedman.

http://religionclause.blogspot.com/

May 23
Court Reconsiders Ripeness Holding In Affordable Care Act Case

Court Reconsiders Ripeness Holding In Affordable Care Act Case

In March, a Pennsylvania federal district court dismissed on ripeness grounds a challenge to the Affordable Care Act contraceptive coverage mandate brought by the religiously-sponsored Geneva College. (See prior posting.) Now, however, in…
May 23
Pussy Riot Band Member Denied Parole After She Goes On Hunger Strike

Pussy Riot Band Member Denied Parole After She Goes On Hunger Strike

Reuters and The Guardian reported yesterday that in Russia, Pussy Riot punk rock band member Maria Alyokhina who is serving a two-year jail sentence for the group's anti-Putin protest performance in Moscow's Christ the Savior…
May 23
Faith Healing Couple Charged With 3rd Degree Murder In Death of Second Child

Faith Healing Couple Charged With 3rd Degree Murder In Death of Second Child

UPI reports that in Philadelphia, prosecutors yesterday charged Catherine and Herbert Schaible with third degree murder in the faith healing death of their 7-month old son who died of bacterial pneumonia and dehydration. (See prior…

Rank this Week: 36

Slaw

A Canadian cooperative weblog on all things legal.

http://www.slaw.ca

May 23
Handbook for Police and Crown Prosecutors on Criminal Harassment

Handbook for Police and Crown Prosecutors on Criminal Harassment

This week's issue of the Weekly Checklist of Canadian Government Publications includes the Handbook for Police and Crown Prosecutors on Criminal Harassment: "Criminal harassment, which includes 'stalking,' is a crime. While many crimes…
May 23
Discontinuance of the Printed Edition of the Canada Gazette

Discontinuance of the Printed Edition of the Canada Gazette

Division 27 of Part 4 of the federal Jobs, Growth and Long-term Prosperity Act (legislation to implement Budget 2012 measures), which received royal assent on June 29, 2012, will repeal section 13 of the Statutory Instruments Act on April 1,…
May 23
Thursday Thinkpiece: Gavigan on Criminal Law on the Aboriginal Plain

Thursday Thinkpiece: Gavigan on Criminal Law on the Aboriginal Plain

Each Thursday we present a significant excerpt, usually from a recently published book or journal article. In every case the proper permissions have been obtained. If you are a publisher who would like to participate in this feature, please…

Rank this Week: 50

Ideas

By Professor David Friedman.

http://daviddfriedman.blogspot.com/

May 23
Hard Line Natural Rights: Alternatives To

Hard Line Natural Rights: Alternatives To

The version of libertarianism that I refer to as the hard line natural rights position holds that individuals have an absolute right to themselves and their property, hence that any violation for any purpose is wrong. Obvious implications are…
May 22
What's Wrong With Mushy?

What's Wrong With Mushy?

An issue that I keep coming back to in my exchanges with various of the Bleeding Heart Libertarians is what I see as their unwillingness to offer a clear description of their position. It comes up in details of what they write, such as Jason…
May 21
Jason Brennan Defends, I Reply

Jason Brennan Defends, I Reply

Jason Brennan has now responded to my criticism. He did so on his blog rather than in comments on mine, so I will rerespond here instead of there.His first response to my claim that "social justice" has no definite meaning is to concede that…

Rank this Week: 747

Conglomerate

Covers business, law, economics and society. By Professors Gordon Smith, Christine Hurt, Lisa Fairfax, David Zarin, Usha Rodrigues, and Erik Gerding

http://www.theconglomerate.org/

May 23
Vic Fleischer on the Apple Rule

Vic Fleischer on the Apple Rule

The late Larry Ribstein coined the phrase "the Apple Rule" when Apple seemed to be the only corporation engaged in...
May 23
The Law and Economics of Tornado Shelters (and Angelina Jolie)

The Law and Economics of Tornado Shelters (and Angelina Jolie)

Here is my disclaimer: I'm from "tornado alley." Here is "my tornado." The Lubbock tornado was 43 years ago (gulp),...
May 22
Mercantilism In International Finance

Mercantilism In International Finance

In a trade-in-services dispute that looks quite a bit like pre-WTO trade in goods disputes, Indonesia is conditioning the sale...

Rank this Week: 197

Legal Writing Prof Blog

By Professors Nancy Soonpaa, Sue Liemer, Coleen M. Barger and Mark E. Wojcik.

http://lawprofessors.typepad.com/legalwriting/

May 23
A New Take on the Skills v. Doctrine Debate

A New Take on the Skills v. Doctrine Debate

The WSJ Law Blog recently featured an article by Professor Paula Franzese, Seton Hall, contending that framing curricular issues as skills v. doctrinal misses the mark. Instead, Franzese contends that we should focus on right v. left brain.…
May 22
Attention, word lover

Attention, word lover

The numerous names for linguistic phenomena may interest only word lovers—but there are many of those among this blog’s followers. Legal writing expert Bryan Garner, who counts himself among the word lovers, presents a passel of arcane…
May 21
Notification of Conference and Call for Proposals - Psychology & Lawyering: Coalescing the Field

Notification of Conference and Call for Proposals - Psychology & Lawyering: Coalescing the Field

The University of Nevada, Las Vegas - William S. Boyd School of Law will be hosting an upcoming conference which may be of interest to legal writing professors, as it deals with the intersection of psychology and lawyering skills. More...

Rank this Week: 338

Media Law Prof Blog

By Louisiana State University Law Professor Christine A. Corcos.

http://lawprofessors.typepad.com/media_law_prof_blog/

May 23
DC Circuit Rules That CIA May Refuse To Release Bin Laden Photo

DC Circuit Rules That CIA May Refuse To Release Bin Laden Photo

The US Appeals Court for the DC Circuit has ruled per curiam that the CIA may refuse to release post mortem photographs of Osama bin Laden which the agency classified as top secret. A group called Judicial Watch filed a...
May 23
Joe Francis Apologizes For Rant Against Jury Member

Joe Francis Apologizes For Rant Against Jury Member

Joe Francis, famous for his "Girls Gone Wild" empire, has apologized for an "appalling" Hollywood Reporter interview in which he repeatedly insulted members of the jury which convicted him of false imprisonment and…
May 23
EU Parliament, Member States Want "Culture Exception" in Upcoming EU/US Trade Talk

EU Parliament, Member States Want "Culture Exception" in Upcoming EU/US Trade Talk

The EU Parliament has indicated it wants the area of culture exempted from upcoming trade talks with the United States. France, an EU member states, agrees, and is vocal about backing a cultural exception for French films, for example.…

Rank this Week: 27

Technology & Marketing Law…

Technology & Marketing Law Blog

Covers Internet, technology and online marketing legal issues. Published by Santa Clara University School of Law Professor Eric Goldman.

http://blog.ericgoldman.org/

May 23
Talk on Designing Optimal Safe Harbors and Immunitie

Talk on Designing Optimal Safe Harbors and Immunitie

By Eric Goldman Recently, I posted a Forbes article entitled "Designing Optimal Safe Harbors and immunities." Based on the feedback...
May 21
Google Crushes Home Decor Center’s Trademark Challenge to AdWord

Google Crushes Home Decor Center’s Trademark Challenge to AdWord

By Eric Goldman Home Decor Center, Inc. v. Google, Inc., 2:12-cv-05706-GW-SH (C.D. Cal. May 9, 2013) Home Decor Center sued...
May 20
Suing Over Keyword Advertising Is A Bad Business Decision For Trademark Owners--General Steel v. Chumley (Forbes Cross-Post)

Suing Over Keyword Advertising Is A Bad Business Decision For Trademark Owners--General Steel v. Chumley (Forbes Cross-Post)

By Eric Goldman General Steel Domestic Sales, LLC v. Chumley, 2013 WL 1900562 (D. Colo. May 7, 2013) Trademark owners...

Rank this Week: 79

ContractsProf Blog

By Texas Wesleyan University Law Professor Franklin G. Snyder, with Contributing Law Professors Miriam A. Cherry, Meredith R. Miller, Keith A. Rowley, and D.A. Jeremy Talman

http://lawprofessors.typepad.com/contractsprof_blog/

May 23
Boilerplate Symposium X B: Professor Radin Responds to Week II

Boilerplate Symposium X B: Professor Radin Responds to Week II

This is the second part of the tenth in a series of posts reviewing Margaret Jane Radin's Boilerplate: The Fine Print, Vanishing Rights and the Rule of Law. In today's posts, our author, Margeret Jane Radin, responds to her reviewers....
May 23
Boilerplate Symposium X A: Professor Radin Responds to Week I

Boilerplate Symposium X A: Professor Radin Responds to Week I

This is the first part of the tenth in a series of posts reviewing Margaret Jane Radin's Boilerplate: The Fine Print, Vanishing Rights and the Rule of Law. But don't think that this is the end. We have more reviews...
May 22
Breaking: Bieber Requires NDA of Guests in His Home

Breaking: Bieber Requires NDA of Guests in His Home

We interrrupt the highbrow discussion of boilerplate and SCOTUS cases to bring you this breaking news from news.com.au that falls right within the utterly sweet spot of contracts and pop culture: YOU party at Justin Bieber's house? You tell…

Rank this Week: 60

Dorf on Law

By Cornell Law School Professor Michael Dorf and his friends.

http://www.dorfonlaw.org/

May 23
Subsituting Non-IRS for IRS Governance of Federal Activitie

Subsituting Non-IRS for IRS Governance of Federal Activitie

-- Posted by Neil H. Buchanan My new Verdict column today takes a different angle on the non-scandal-scandal involving the IRS. I address the ubiquity of "tax expenditures," which are the "tax cuts" that Congress (on a VERY bipartisan…
May 22
How Much More of a Fiction is Due Process Notice for a Person with a Mental Impairment Than For a Person Without One?

How Much More of a Fiction is Due Process Notice for a Person with a Mental Impairment Than For a Person Without One?

By Mike Dorf My new Verdict column discusses Monday's SCOTUS decision in Metrish v. Lancaster. Writing for a unanimous Court, Justice Ginsburg's opinion says that regardless of whether Lancaster's due process rights were violated when…
May 21
The Slim Prospects for Executive or Judicial Action Interpreting "Exclusively" to Mean "Exclusively"

The Slim Prospects for Executive or Judicial Action Interpreting "Exclusively" to Mean "Exclusively"

By Mike Dorf Even as the IRS "scandal" continues to cause hyper-ventilation on the right, various progressives have been beating a different drum. Tea Party and similar groups, they say, never should have been permitted tax exemptions…

Rank this Week: 406

Faculty Blog - Faculty of Law,…

Faculty Blog - Faculty of Law, University of Alberta

By Barbara Billingsley, Cameron Hutchison, Daniel Mol, David Cheifetz, Eran Kaplinsky, Eric Adam, Erin Nelson, James Muir, Lewis Klar, Q.C., Mark Amman, Moin A Yahya, Peter Carver, Russ Brown, Steven Penney

http://ualbertalaw.typepad.com/faculty/

May 23
Concert Review & Recommendation

Concert Review & Recommendation

No major shark news to report. But, I did attend the Mumford & Sons concert last night and I am happy to report that it was a really fun show. Upright bass, banjo, harmony, catchy tunes... what is not to...
May 19
Harvard and Academic Freedom

Harvard and Academic Freedom

It is bad enough that Canadian universities are slowly turning their back on the notion of academic freedom, but when Harvard University starts down that path, things are looking bleak for the West's future.
May 18
400 parts per million, or why we're totally F*#%#$

400 parts per million, or why we're totally F*#%#$

Atmospheric concentrations of carbon dioxide, our most harmful global warming gas, have hit 400 parts per million. It's this kind of rosy news item that Alyssa Battistoni must have borne in mind when she composed one of the best…

Rank this Week: 758

43(B)log

Covers false advertising and intellectual property issues. By Professor Rebecca Tushnet.

http://tushnet.blogspot.com/

May 23
Sins of a trademark owner: Rogers applies regardless of intent

Sins of a trademark owner: Rogers applies regardless of intent

Rebellion Developments Ltd. v. Stardock Entertainment, Inc., 2013 WL 1944888 (E.D. Mich.) H/T Eric Goldman. Rebellion sued Stardock alleging that Stardock’s game, Sins of a Solar Empire: Rebellion infringed its registered trademark…
May 23
H&R Block can't plausibly plead confusion from comparative ad

H&R Block can't plausibly plead confusion from comparative ad

H/T The Trademark Blog H&R Block Eastern Enterprises, Inc. v. Intuit, Inc., No. 13-0072-CV-W-FJG (W.D. Mo. May 22, 2013) An anti-trademark-expansionist twofer: claim against comparative ad dismissed on the pleadings, and a holding…
May 23
economic loss doctrine doesn't bar New Jersey consumer fraud claim

economic loss doctrine doesn't bar New Jersey consumer fraud claim

Francis E. Parker Memorial Home, Inc. v. Georgia-Pacific LLC, --- F. Supp. 2d ----, 2013 WL 2177974 (D.N.J.) Parker sued GP on behalf of a putative class alleging violations of the New Jersey Products Liability Act (PLA); breach of…

Rank this Week: 5

Mass Tort Litigation Blog

By Professors Byron Stier and Howard Erichson.

http://lawprofessors.typepad.com/mass_tort_litigation/

May 23
Lawyering for Group

Lawyering for Group

The papers from the Fordham Law Review Symposium Lawyering for Groups are now online. Howard Erichson & Ben Zipursky wrote the Foreword. Other contributors include..... Elizabeth Burch, Adquately Representing Groups Kristen Carpenter…
May 15
Distributive Justice in Action

Distributive Justice in Action

There is a very nice, lauditory article on Kenneth Feinberg in the New York Times today: "One Man Disperses Charity After Tragedy in Boston." The interesting thing about the compensation funds Feinberg is often asked to run are the…
May 15
Distributive Justice in Action

Distributive Justice in Action

There is a very nice, lauditory article on Kenneth Feinberg in the New York Times today: "One Man Disperses Charity After Tragedy in Boston." The interesting thing about the compensation funds Feinberg is often asked to run are the…

Rank this Week: 234

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