Law Professor Blogs - Law Blogs, Legal Blogs Directory & Search Engine

Civil Procedure & Federal…

Civil Procedure & Federal Courts Blog

By Professors Robin Effron, Cynthia L. Fountaine, and Adam Steinman

http://lawprofessors.typepad.com/civpro/

May 17
Coleman on Hoffman on Civil Rulemaking After Twombly and Iqbal

Coleman on Hoffman on Civil Rulemaking After Twombly and Iqbal

Now available on the Courts Law section of JOTWELL is an essay by Brooke Coleman (Seattle) entitled Celebrating Civil Rulemaking. It reviews a recent article by Lonny Hoffman (Houston), Rulemaking in the Age of Twombly and Iqbal, which will…
May 17
Meyn on Comparing Civil and Criminal Discovery

Meyn on Comparing Civil and Criminal Discovery

Prof. Ion Meyn (Wisconsin) has posted on SSRN a draft of his article Discovery and Darkness: The Information Deficit in Criminal Disputes, which will appear in the Brooklyn Law Review. Here’s the abstract: Scholarship has long recognized a…
May 16
Brescia and Ohanian on the Politics of Procedure

Brescia and Ohanian on the Politics of Procedure

Raymond H. Brescia and Edward J. Ohanian, both of Albany Law School, have posted on SSRN their new paper, "The Politics of Procedure: An Empirical Analysis of Motion Practice in Civil Rights Litigation Under the New Plausibility…

Rank this Week: 618

Neuroethics & Law Blog

An interdisciplinary forum for legal and ethical issues related to the brain and cognition. By University of San Diego School of Law Professor Adam Kolber.

http://kolber.typepad.com/ethics_law_blog/

May 17
"Treating Yourself as an Object: Self-Objectification and the Ethical Dimensions of Antidepressant Use"

"Treating Yourself as an Object: Self-Objectification and the Ethical Dimensions of Antidepressant Use"

Treating Yourself as an Object: Self-Objectification and the Ethical Dimensions of Antidepressant Use by Ginger A. Hoffman has been published in the most recent issue of Neuroethics: Abstract In this paper, I offer one moral reason to eschew…
May 15
"Ideals of Student Excellence and Enhancement"

"Ideals of Student Excellence and Enhancement"

Ideals of Student Excellence and Enhancement by Gavin G. Enck has been published in the most recent issue of Nueroethics: Abstract Discussions about the permissibility of students using enhancements in education are often framed by the…
May 14
"‘The Thorny and Arduous Path of Moral Progress’: Moral Psychology and Moral Enhancement"

"‘The Thorny and Arduous Path of Moral Progress’: Moral Psychology and Moral Enhancement"

‘The Thorny and Arduous Path of Moral Progress’: Moral Psychology and Moral Enhancement by Chris Zarpentine has been published in the most recent issue of Neuroethics: Abstract The moral enhancement of humans by biological or…

Rank this Week: 1124

Faculty Blog

The Marquette University Law School Faculty Blog

http://law.marquette.edu/facultyblog/

May 17
A Call to All Law Students: Enhancing the National Conversation

A Call to All Law Students: Enhancing the National Conversation

“I consider you and [Jefferson] as the North and South Poles of the American Revolution. Some talked, some rewrote, and some fought to promote and establish it, but you and Mr. Jefferson thought for us all.” —Benjamin Rush…
May 14
Clinton, Ryan Do Well in Opening Round of 2016 Presidential Polling for Wisconsin

Clinton, Ryan Do Well in Opening Round of 2016 Presidential Polling for Wisconsin

Is it 2016 yet? No, but daily news reports and, even more so, any glimpse into political maneuvering nationwide clearly show that a lot of work is already going into laying groundwork for the next race for president. Marquette Law School Poll…
May 13
Milwaukee: The Most Dangerous Size

Milwaukee: The Most Dangerous Size

Last week, the U.S. Bureau of Justice Statistics issued a new report compiling nearly two decades of data on gun crime, Firearm Violence, 1993-2011. No doubt, many readers will pore over the report’s…

Rank this Week: 1638

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 17
Schwab Eliminate Class Action Waiver in Customers' Agreements -- At Least For Now

Schwab Eliminate Class Action Waiver in Customers' Agreements -- At Least For Now

As regular readers of this Blog know, Charles Schwab includes in its brokerage agreements with its customer a provision that purports to prohibit customers from bringing class actions against the firm. This class action waiver violates FINRA…
May 16
SEC Chair White Testifies on Oversight of the SEC before House Committee

SEC Chair White Testifies on Oversight of the SEC before House Committee

SEC Chair White testified today on Oversight of the SEC before the U.S. House of Representatives Committee on Financial Services.
May 16
SEC Charges Chicago Investment Advisers with Cherry-Picking Trade

SEC Charges Chicago Investment Advisers with Cherry-Picking Trade

The SEC charged Charles J. Dushek and his son Charles S. Dushek and their Chicago-area investment advisory firm with defrauding clients through a cherry-picking scheme that garnered them nearly $2 million in illicit profits, which they spent…

Rank this Week: 201

Dorf on Law

By Cornell Law School Professor Michael Dorf and his friends.

http://www.dorfonlaw.org/

May 17
The Downside of Outsourcing Poltiical Oversight to Comedian

The Downside of Outsourcing Poltiical Oversight to Comedian

-- Posted by Neil H. Buchanan At apparently the same time that I was writing my Dorf on Law post yesterday, the editorial board of The New York Times was reaching essentially the same conclusions. Although they did not focus as much…
May 16
The IRS Mess Is Already Badly Misunderstood -- And the Distorted Narrative Will Only Get Worse

The IRS Mess Is Already Badly Misunderstood -- And the Distorted Narrative Will Only Get Worse

-- Posted by Neil H. Buchanan Last Friday, a news story broke that quickly came to be known as "the IRS scandal." Even the just-the-facts-ma'am TaxProf Blog has taken to posting daily collections of news stories under that title,…
May 15
When Search Warrants Accomplish Very Little

When Search Warrants Accomplish Very Little

By Sherry Colb In my Verdict column for this week, I examine the case of Missouri v. McNeely, in which the U.S. Supreme Court recently refused to recognize an exception to the warrant requirement for blood-testing people arrested for DWI.…

Rank this Week: 458

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 17
AALS Section on Disability Law Call for Papers and Presentation

AALS Section on Disability Law Call for Papers and Presentation

for the 2014 AALS Annual Meeting to be held in New York, New York, January 2-5, 2014. Title of Program: The persistent societal habits of bullying, harassing, and excluding: Exploring the current legal and public policy issues at the…
May 16
Busy Beltway Labor Law Day: NLRB Nominations and DOL Secretary Committee Vote

Busy Beltway Labor Law Day: NLRB Nominations and DOL Secretary Committee Vote

In addition to the Third Circuit's divided, pro-Noel Canning decision this morning which Jeff has described here in his post from today, Washington has been busy with labor-oriented topics today. To wit, the Senate Health, Education, Labor…
May 16
ADAPT International Conference: Internship and Traineeship for Students and Young people. Training, School-to-work Transition or Exploitation?

ADAPT International Conference: Internship and Traineeship for Students and Young people. Training, School-to-work Transition or Exploitation?

From our friends at the ADAPT International Labor Law Program: We are pleased to announce that ADAPT and the International Doctoral School in Human Capital and Labour Relations are organizing the international conference: Internship and…

Rank this Week: 102

religiousleftlaw

Politically progressive law professors from various religious traditions discuss law and cognate subjects from their unique perspectives: Legal theory, politics, and comparative theology.

http://www.religiousleftlaw.com/

May 17
Should the IRS Pay Special Attention to those Groups Who Believe Taxes are too High?

Should the IRS Pay Special Attention to those Groups Who Believe Taxes are too High?

Is it unreasonable to suppose that groups who are ideologically committed to the proposition that taxes are too high are more likely than other groups to play fast and loose with the tax laws? If so, would it not make sense for the IRS to pay…
May 17
Several Updated Bibliographie

Several Updated Bibliographie

I’ve recently updated several of my bibliographies: (i) Ecological & Environmental Worldviews: A Basic Transdisciplinary Bibliography (ii) Punishment & Prison: A Bibliography (iii) Terrorism—Moral, Psychological, Political…
May 16
The Superimposition* of a False Scandal upon a Real One at the IRS

The Superimposition* of a False Scandal upon a Real One at the IRS

Michael Hiltzik of the Los Angeles Times provides us with much needed context and perspective on the so-called “IRS Scandal.” As Juan Cole notes, “The IRS scrutiny of Tea Party groups applying for tax-exempt charitable…

Rank this Week: 528

CYB3RCRIM3

Features observations on technology, law and lawlessness. By University of Dayton Susan Brenner.

http://cyb3rcrim3.blogspot.com/

May 17
Bestiality, Encryption and Probation

Bestiality, Encryption and Probation

According to this and other news stories, in mid-April of 2010 Douglas Spink was arrested “for running what authorities say appears to be a bestiality farm in Washington state in which visitors could engage in all sorts of twisted sex…
May 15
Emails as Property of Decedent’s Estate . . .

Emails as Property of Decedent’s Estate . . .

After their brother John died, the co-administrators of his estate – his sister Marianne Ajemian and his brother Robert Ajemian – brought a “declaratory judgment action in the Probate and Family Court, seeking a declaration…
May 13
Peer Spectre, Evidence and Child Pornography

Peer Spectre, Evidence and Child Pornography

--> After he was convicted, after a bench trial, of 32 counts of pandering sexually oriented matter involving a minor in violation of Ohio Revised Code §§ 2907.322(A)(2) and 2907.322(A)(1) and one count of possessing…

Rank this Week: 529

MauledAgain

Covers tax law, legal education, the First Amendment, religion, and law generally. By Villanova law professor James Edward Maule.

http://mauledagain.blogspot.com/

May 17
Julian Block Looks at Marriage, Divorce, Affairs, Engagements, and Cohabitation in the Shadow of Tax

Julian Block Looks at Marriage, Divorce, Affairs, Engagements, and Cohabitation in the Shadow of Tax

Julian Block has delivered the 2013 edition of “Tax Tips for Marriage and Divorce,” the previous edition of which I reviewed favorably in Julian Block Talks Tax with Married, Divorced, and Other Couples. This edition is no less…
May 15
Tax Ignorance Gone Viral

Tax Ignorance Gone Viral

A week ago, in How Difficult Is It to Count Tax Words?, I revisited the pervasive ignorance manifesting itself in absurd declarations of Internal Revenue Code length, in terms of pages, words, or both. A dutiful reader has alerted me to more…
May 13
The Complexities of Tax: Is This Really Necessary?

The Complexities of Tax: Is This Really Necessary?

A recent IRS private ruling, PLR 201318003, illustrates how the special low rates for capital gain adds layer upon layer of complexity to the tax law. Considering that there are other, simpler, and better ways to deal with the taxation of…

Rank this Week: 656

ADR Prof Blog

By Professors Andrea Schneider, Nancy Welsh, Michael Moffitt and Sarah Rudolph Cole.

http://www.indisputably.org

May 17
Schwab removes class action waiver from customer agreement

Schwab removes class action waiver from customer agreement

Responding to substantial pressure from regulators and the investing public, the brokerage firm Charles Schwab reversed itself and eliminated the class action waiver clause from its pre-dispute arbitration clause in its customer account…
May 12
Was OJ Simpson’s Lawyer Ineffective?

Was OJ Simpson’s Lawyer Ineffective?

OJ Simpson will be back in court this week in Las Vegas bringing an appeal from his 2008 armed robbery and kidnapping conviction in 2008. He has apparently filed, through his new lawyer, a 94-page petition for a new trial—which…
May 10
If You’re Standing in Front of a Car, You Are In a Poor Negotiating Position

If You’re Standing in Front of a Car, You Are In a Poor Negotiating Position

Back in the day Kevin Underhill and I were young associates at large law firms in Kansas City and living the life that only single people with lots of disposable income can. Now he’s a big time lawyer in San Francisco and has the…

Rank this Week: 574

EvidenceProf Blog

By John Marshall Law School Professor Colin Miller, with Contributing Editors and Professors David Leonard, Joelle Moreno, and Myrna Raeder

http://lawprofessors.typepad.com/evidenceprof/

May 17
Leisure Suit Larry & the IRS: U.S. Tax Court Uses Rule 1003 to Exclude Altered Duplicate

Leisure Suit Larry & the IRS: U.S. Tax Court Uses Rule 1003 to Exclude Altered Duplicate

Federal Rule of Evidence 1002, the Best Evidence Rule, provides that An original writing, recording, or photograph is required in order to prove its content unless these rules or a federal statute provides otherwise. That said, Federal Rule…
May 16
This is a Knife: Florida Court Finds Statement About Knife Qualified as an Excited Utterance

This is a Knife: Florida Court Finds Statement About Knife Qualified as an Excited Utterance

Similar to its federal counterpart, Section 90.803(2) of the Florida Statutes provides an exception to the rule against hearsay for A statement or excited utterance relating to a startling event or condition made while the declarant was under…
May 15
Learned Person: The Learned Treatise Exception, Impeachment & the Truth of the Matter Asserted

Learned Person: The Learned Treatise Exception, Impeachment & the Truth of the Matter Asserted

Similar to its federal counterpart, Minnesota Rule of Evidence 803(18) provides an exception to the rule against hearsay To the extent called to the attention of an expert witness upon cross-examination or relied upon by the expert witness in…

Rank this Week: 1026

Slaw

A Canadian cooperative weblog on all things legal.

http://www.slaw.ca

May 17
Friday Fillip: I Scream, You Scream, We All Scream

Friday Fillip: I Scream, You Scream, We All Scream

For fun, most of the time — as anyone who lives near a school playground will know. That blast of raw sound, bigger than a shout, less prissy than a sung note, pours energy out of us in a way that demands the world take notice. And it…
May 17
Virtual Conference Going: A Mixed Blessing

Virtual Conference Going: A Mixed Blessing

One of the conferences I go to for a quick and painless technology update is Computers in Libraries (CIL) held in Washington, DC in the spring. I first came to it in 2000 when a friend of mine loaned me her press pass for the last day of the…
May 16
Justice Canada 2013 Victims of Crime Research Digest

Justice Canada 2013 Victims of Crime Research Digest

Last week's issue of the Weekly Checklist of Canadian Government Publications includes the 2013 Victims of Crime Research Digest. Published by Justice Canada, it includes short, accessible articles on victims of crime research: Welcome…

Rank this Week: 45

Brian Leiter's Law School Reports

News about law professors and law schools. By University of Texas School of Law Professor Brian R. Leiter.

http://leiterlawschool.typepad.com/leiter/

May 17
"Why Tolerate Religion?" at the Center for Inquiry in Washington, DC

"Why Tolerate Religion?" at the Center for Inquiry in Washington, DC

The video.
May 16
In Memoriam: Richard Coulson

In Memoriam: Richard Coulson

Richard Coulson, professor emeritus at Oklahoma City University School of Law, passed away last week. He was 70. Coulson joined the OCU faculty in 1969...
May 14
Congratulations to the Chicago Alumni (and Bigelows and other Fellows) Who Accepted Tenure-Track Teaching Positions during 2012-13

Congratulations to the Chicago Alumni (and Bigelows and other Fellows) Who Accepted Tenure-Track Teaching Positions during 2012-13

This was a phenomenally difficult year on the teaching market, with 20% fewer schools interviewing, and, anecdotally at least, even fewer slots. (It was the...

Rank this Week: 454

PropertyProf Blog

By Professors D. Benjamin Barros and Alfred L. Brophy.

http://lawprofessors.typepad.com/property/

May 17
Fines for Agents Who Show Illegal Apartment

Fines for Agents Who Show Illegal Apartment

The N.Y. Times reports on a local initiative: The Department of Buildings has begun issuing fines to agents and brokers who advertise and show illegal apartments for rent, a new step in a long battle that has traditionally taken on...
May 17
Ten Buildings That Changed American Architecture

Ten Buildings That Changed American Architecture

In the PBS special 10 Buildings that Changed America, two architecture gurus discuss the origins of some of the country’s most important buildings. The hour-long program, which premiered this week take a look at thestories and engineering…
May 17
Godsil and Simunovich on the Mortgage Crisis and the Ethic of Homeownership

Godsil and Simunovich on the Mortgage Crisis and the Ethic of Homeownership

Rachel Godsil (Seton Hall) and David Simunovich (Seton Hall) have posted Protecting Status: The Mortgage Crisis, Eminent Domain, and the Ethic of Homeownership (Fordham) on SSRN. Here's the abstract: Homeownership is in crisis. Millions of…

Rank this Week: 219

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 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…
May 15
Dan Kahan on Some Factors Affecting "Objectivity" (and the lack thereof)

Dan Kahan on Some Factors Affecting "Objectivity" (and the lack thereof)

Dan Kahan, Motivated reasoning & its cognates (blog post), Cultural Cognition Project (May 15, 2013): 1. Generally. Motivated reasoning refers to the unconscious tendency of individuals to process…

Rank this Week: 346

Constitutional Law Prof Blog

By Professors Steven D. Schwinn and Ruthann Robson

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

May 16
Tsesis on the History of the Declaration of Independence

Tsesis on the History of the Declaration of Independence

Prof. Alex Tsesis (Loyola Chicago) joined me on Thursday for a talk on his book For Liberty and Equality: The Life and Times of the Declaration of Independence (Oxford 2012). This was a terrific read; I highly recommend it. But...
May 16
Senate Judiciary Approves Srinivasan for D.C. Circuit

Senate Judiciary Approves Srinivasan for D.C. Circuit

The Senate Judiciary Committee today unanimously approved Deputy Solicitor General Sri Srinivasan for a slot on the D.C. Circuit. WaPo reports here. We previously posted here, with links to backgrounds and profiles. SDS
May 16
Federal Complaint for Unconstitutional Sex Assignment Surgery on Infant

Federal Complaint for Unconstitutional Sex Assignment Surgery on Infant

The surgical "assignment" of sex/gender to an infant born with "ambiguous" genitals is a problem that has garnered much attention. The Constitutional Court of Colombia issued a series of opinions beginning in 1995,…

Rank this Week: 163

Verdict

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

http://verdict.justia.com/

May 16
President Obama’s Burgeoning Scandals—Benghazi, IRS, and AP’s Telephone Logs—Are All Smoke and No Fire

President Obama’s Burgeoning Scandals—Benghazi, IRS, and AP’s Telephone Logs—Are All Smoke and No Fire

Justia columnist and former counsel to the president John Dean discusses each of the three scandals on which the media are currently focusing. After commenting on the nature of modern political scandals generally, Dean focuses on the…
May 15
Abuse in the Sports World, and What Needs to Be Done About It

Abuse in the Sports World, and What Needs to Be Done About It

Justia columnist and Cardozo law professor Marci Hamilton discusses abuse in the world of sports, including school, amateur and professional sports. While child sex abuse has been a problem in this world, physical, emotional, and verbal…
May 14
The U.S. Supreme Court Rules That Blood Tests for Drunk Driving Suspects Require a Search Warrant: A Wise Decision?

The U.S. Supreme Court Rules That Blood Tests for Drunk Driving Suspects Require a Search Warrant: A Wise Decision?

Justia columnist and Cornell law professor Sherry Colb considers the merits of the Supreme Court’s approach to cases where drunk driving is suspected, as set forth in Missouri v. McNeely. There, the Court held that police must conduct a…

Rank this Week: 302

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 16
Men who are physically strong are more likely to have right wing political views | Mail Online

Men who are physically strong are more likely to have right wing political views | Mail Online

Men who are physically strong are more likely to take a right wing political stance, while weaker men are inclined to support the welfare state, according to a new study. Researchers discovered political motivations may have evolutionary…
May 16
Oxford grooming gang: We will regret ignoring Asian thugs who target white girls - Telegraph

Oxford grooming gang: We will regret ignoring Asian thugs who target white girls - Telegraph

Rochdale, Rotherham, Derby, Oxford. The towns change, but the pattern is always the same. Gangs of men, mainly of Pakistani Muslim heritage, lure white girls as young as 10 with gifts and displays of affection. Next, the girl is raped...
May 16
Althouse: Shouldn't there be a special prosecutor in the IRS case?

Althouse: Shouldn't there be a special prosecutor in the IRS case?

I still want a special prosecutor because I just don't trust them not to cover up. The minute I found out about it, then my main focus was making sure that we get the thing fixed. I don't think people...

Rank this Week: 107

Ideas

By Professor David Friedman.

http://daviddfriedman.blogspot.com/

May 16
Sometimes the Good Guys Win

Sometimes the Good Guys Win

A moving account by a young lawyer who succeeded in getting his client acquitted of a bunch of charges that could have put him in in jail for the rest of his life. The client's offense was shooting two police officers in the legs--when the…
May 15
Cartoon Libertarians, Social Justice, and Bleeding Heart

Cartoon Libertarians, Social Justice, and Bleeding Heart

"Social justice = the idea that coercive institutions can be legitimate (i.e., permissible) only if, under favorable circumstances, they can reasonably be expected to help ensure that most conscientious people will lead minimally decent…
May 10
Benghazi and Intra-Party Politic

Benghazi and Intra-Party Politic

The current controversy over the attack on the Benghazi consulate and its aftermath looks, at first glance, like a straightforward case of inter-party politics, with Republicans using their control of the House of Representatives to produce…

Rank this Week: 2227

Balkinization

By Yale Law School Professor Jack M. Balkin.

http://balkin.blogspot.com/

May 16
"Declare Victory and Get Out?" The Future of the AUMF

"Declare Victory and Get Out?" The Future of the AUMF

Today the Senate Armed Services Committee is conducting a hearing into the future of the September 2001 AUMF. Over at the informative Lawfare blog, the two options on offer are to replace it with an authorization tailored to the new…
May 15
David Ignatius can't connect the dots, either

David Ignatius can't connect the dots, either

David Ignatius is simply the latest leading pundit who demonstrates an incapaity to connect the dots relevant to his own analysis. In a column in the May 16 Washington Post, he says many altogether correct things. Writing of the…
May 14
Meaningless Arithmetic

Meaningless Arithmetic

At today's press briefing by Jay Carney at the White House, one reporter stated, in a tone suggesting that he was making an important point, that "This administration has prosecuted twice as many leak cases as all previous presidents…

Rank this Week: 403

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 16
New in Print

New in Print

Sean M. Collins and R. Mark Isaac, Holdout: Existence, Information, and Contingent Contracting. 55 J.L. & Econ. 793 (2012) Christine Spinella Davis,et al., Recent Developments in Business Litigation, 48 Tort Trial & Ins. Prac. L.J.…
May 15
Boilerplate Symposium V: Ethan Leib on the Fetishization of Consent

Boilerplate Symposium V: Ethan Leib on the Fetishization of Consent

This is the fifth in a series of posts reviewing Margaret Radin's Consent in Radin’s Boilerplate: The Fine Print, Vanishing Rights and the Rule of Law. Ethan Leib s Professor of Law at Fordham Law School and is the author...
May 15
Boilerplate Symposium IV: David Horton on Mass Arbitration and Democratic Degradation

Boilerplate Symposium IV: David Horton on Mass Arbitration and Democratic Degradation

This is the fourth in a series of posts reviewing Margaret Radin's Consent in Radin’s Boilerplate: The Fine Print, Vanishing Rights and the Rule of Law. David Horton is Acting Professor of Law at the UC Davis School of Law....

Rank this Week: 198

Michael Geist's Blog

Covers technology and DRM. By Michael Geist.

http://www.michaelgeist.ca

May 15
Why Creators and Consumers Should Welcome the "Netflix Threat"

Why Creators and Consumers Should Welcome the "Netflix Threat"

The examination of the proposed Bell acquisition of Astral Communications took place last week in Montreal with the Canadian Radio-television and Telecommunications Commission hearing from a wide range of supporters and opponents of a deal…
May 12
The Copyright Pentalogy: Technological Neutrality

The Copyright Pentalogy: Technological Neutrality

Last month, the University of Ottawa Press published The Copyright Pentalogy: How the Supreme Court of Canada Shook the Foundations of Canadian Copyright Law, an effort by many of Canada's leading copyright…
May 7
Canadian Government Establishes Two-Tier Approach for Trade Talks: Insiders and Everyone Else

Canadian Government Establishes Two-Tier Approach for Trade Talks: Insiders and Everyone Else

As the future of the proposed Canada - European Union Trade Agreement becomes increasingly uncertain - the EU has been unwilling to compromise on the remaining contentious issues leaving the Canadian government with a deal…

Rank this Week: 246

Covers governance in higher education and in law firms, bankruptcy ethics, popular culture and the law, Enron and other corporate fiascos, and professional responsibility generally. By Nancy Rapoport, a law professor at UNLV's Boyd School of Law.

http://nancyrapoport.blogspot.com/

May 15
Update on my Gonzaga piece on law schools, lying, and Enron.

Update on my Gonzaga piece on law schools, lying, and Enron.

After I published this piece, Robert K. Vischer, the dean of the University of St. Thomas Law School (Minnesota), gently suggested that I might want to clarify St. Thomas's restatement of its employment data: [Y]ou refer to St. Thomas…
May 13
It's official--the new bankruptcy fee guidelines are rolling out on July 1.

It's official--the new bankruptcy fee guidelines are rolling out on July 1.

Today's Wall Street Journal has a big article about the U.S. Trustee Program's new fee guidelines for lawyers in larger bankruptcy cases (here). The rollout of the guidelines isn't a surprise. The USTP published the proposed…
May 7
When I've had a tough day (and no, today wasn't tough), I read this blog.

When I've had a tough day (and no, today wasn't tough), I read this blog.

Here. I also read my friends' blogs, too....

Rank this Week: 190

The Faculty Lounge

Conversations about law, culture, and academia. By Professors Dan Filler, Laura Appleman, Al Brophy, Kevin Noble Maillard and Calvin Massey.

http://www.thefacultylounge.org/

May 15
Looking For Uncle Leo: The Film

Looking For Uncle Leo: The Film

My great-uncle Leo was deported to his death in Poland from Würzburg, Germany, on April 25, 1942. It turns out that the Nazis commissioned a film of the deportation. The movie vanished after the war. I am desperate to find...
May 15
History Office History

History Office History

Fellow UCLA History PhD and current JD student at Yale Law School, Twitter enthusiast Josh Stein, has recently posted a note over at the Legal History Blog, and the piece definitely merits attention here. Josh welcomed me to the department...
May 14
Kudos to This American Life

Kudos to This American Life

A few weeks ago I blogged here about a recent episode of This American Life, "Dr. Gilmer and Mr. Hyde," about the quest of one Dr. Gilmer (Benjamin) to understand why another, beloved Dr. Gilmer (Vince), had brutally murdered his...

Rank this Week: 155

The Yin Blog

Covers law, politics, pop culture, sports, and a touch of Iowa. By University of Iowa professor Tung Yin.

http://yin.typepad.com/the_yin_blog/

May 15
Say, is "Survivor" winner a JD advantaged job?

Say, is "Survivor" winner a JD advantaged job?

As far as I know, Harvard Law School's employment numbers are strong enough that there's no need for it to play games. That said, you have to wonder how tempted HLS is to take advantage of the most famous member...
May 13
My recap of the Run for Boston 5K on Saturday

My recap of the Run for Boston 5K on Saturday

RunOregon has my recap of the Run for Boston 5K race from this past weekend, which resulted in a Pr for me -- but a kind of frustrating one, since it was 21:00 flat. Just one lousy second faster and...
May 7
What if . . . Congressional leaders and the President could only use lines from "A Game of Thrones"?

What if . . . Congressional leaders and the President could only use lines from "A Game of Thrones"?

The other night, The Tonight Show with Jay Leno (yes, if I watch a late-night talk show, it's Leno's) had a pretty hilarious skit with Trevor Moore and Mikey Day. Basically, the two guys sit around in some L.A. location...

Rank this Week: 372

Media Law Prof Blog

By Louisiana State University Law Professor Christine A. Corcos.

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

May 15
Professor Arthur Miller To Moderate June 8th Panel on Privacy For Concord Law School

Professor Arthur Miller To Moderate June 8th Panel on Privacy For Concord Law School

From Sara J. Berman, Assistant Dean for Bar Support Programs & Professor of Law, Concord Law School, an announcement of an upcoming panel on individual privacy in today's environment led by Professor Arthur R. Miller. Other panelists…
May 15
Copyright Protection and Information Flow

Copyright Protection and Information Flow

Guy Pessach, Hebrew University of Jerusalem, Faculty of Law; Yale University of Law School, is publishing Deconstructing Disintermediation - A Skeptical Copyright Perspective in the Cardozo Arts & Entertainment Law Journal. Here is the…
May 15
Salinger's Literary Estate and IP Law

Salinger's Literary Estate and IP Law

Kate O'Neill, University of Washington, School of Law, is publishing Copyright Law and the Management of J.D. Salinger's Literary Estate in the Cardozo Arts & Entertainment Law Journal. Here is the abstract. J.D. Salinger’s death in…

Rank this Week: 44

Law School Academic Support Blog

By Rebecca Flanagan and Assistant Dean Amy Jarmon.

http://lawprofessors.typepad.com/academic_support/

May 15
Academic and Bar Readiness Counselor Position at LaVerne

Academic and Bar Readiness Counselor Position at LaVerne

LaVerne College of Law is seeking a new Academic and Bar Readiness Counselor. See the following link for details: https://laverne.peopleadmin.com/postings/57.
May 13
Salute to Vernellia Randall

Salute to Vernellia Randall

Vernellia Randall, a professor at University of Dayton, is one of the well-known names in ASP work. She was among the leaders at the forefront of academic support work when the profession gained traction at law schools. Vernellia is…
May 12
Batteries Not Included

Batteries Not Included

It is the end of the semester, and I suspect a lot of ASP'ers are looking forward to a lull in the hectic pace of ASP work. Some folks will have more of a hiatus than others because of low...

Rank this Week: 1435

Chinese Law Prof Blog

By George Washington University Law Professor Donald C. Clarke.

http://lawprofessors.typepad.com/china_law_prof_blog/

May 15
Compulsory "legal education" as a substitute for Re-education Through Labor?

Compulsory "legal education" as a substitute for Re-education Through Labor?

The Dui Hua Foundation has an interesting article on its web site about local authorities' newfound enthusiasm for legal education - this time, of the compulsory kind, where petitioners are forced against their will to stay for days or…
May 10
New blog about the Supreme People's Court

New blog about the Supreme People's Court

Check it out here. It's written by Susan Finder, who has had a long career in Chinese law teaching and practice.
May 9
Yu Hua: "In China, Power Is Arrogant"

Yu Hua: "In China, Power Is Arrogant"

Here's a nice op-ed by the writer Yu Hua about how the arrogance and unaccountability of power leads to ridiculous regulations in China. Exhibit A in this type of article is usually the Hunan regulation calling for female civil servants...

Rank this Week: 332

Mass Tort Litigation Blog

By Professors Byron Stier and Howard Erichson.

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

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…
Apr 29
Engle's Progeny March On

Engle's Progeny March On

Earlier this month two tobacco trials with origins in the Florida Supreme Court's affirmation of classwide issue preclusion in Engle resulted in large awards. Searcy v. R.J. Reynolds Tobacco Co., M.D. Fla., No. 3:09-cv-13723, verdict rendered…

Rank this Week: 506

ProfessorBainbridge.com

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

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

May 14
Western New England University School of Law's Got a VERY Interesting Commencement Speaker

Western New England University School of Law's Got a VERY Interesting Commencement Speaker

The College Fix: The woman in charge of the IRS division responsible for reviewing tax-exempt status applications and who is at the heart of an ongoing scandal over revelations the agency targeted... [[ This is a content summary only. Visit…
May 14
UC faculty leader warns of more exits if research loses ground

UC faculty leader warns of more exits if research loses ground

UCLA FA blog: The systemwide leader of the University of California’s faculty said Friday that he hoped that the announced move of prominent neuroscience researchers from UCLA to USC reminds... [[ This is a content summary only. Visit…
May 14
Should Directors Sue Their Company for Its Misdeeds?

Should Directors Sue Their Company for Its Misdeeds?

Edward McNally has a very interesting analysis of the titular question prompted by those odd recent Chancery Court decisions suggesting "that directors who resigned in protest over the failure to... [[ This is a content summary only. Visit my…

Rank this Week: 71

New York Court Watcher

Covers the United States Supreme Court, the New York Court of Appeals and other federal and state appeals courts. By Professor Vincent Martin Bonventre.

http://www.newyorkcourtwatcher.com/

May 14
Protecting Religious Liberty, Part 2 [presentation]

Protecting Religious Liberty, Part 2 [presentation]

This is my attempt at free exercise of religion in a visual nutshell. It's from a presentation I delivered at a recent panel on Protecting Religious Liberty. The event was co-sponsored by several student organizations at Albany Law…
May 11
Protecting Religious Liberty, Part 1 [commentary, interview, and presentation]

Protecting Religious Liberty, Part 1 [commentary, interview, and presentation]

[The videocast of a recent interview I did on the topic is linked at the end of the commentary that follows. The power point presentation will be included in Part 2.] The 1st Amendment allows "no law...prohibiting the free…
May 11
Religious Liberty--commentary + [updated 5/12/13]

Religious Liberty--commentary + [updated 5/12/13]

Protecting Religious Liberty, Part 1 [commentary, interview, and presentation], May 12, 2013. Catholics, Contraceptives, and 2nd Class Religious Liberty, March 15, 2012. Catholics, Contraceptives, and the (current Supreme Court's)…

Rank this Week: 616

Constitutionalism & Democracy

A law blog by Albany Law School Professor Stephen Gottlieb and Associate Dean for Research and Scholarship James Gathii

http://constitutionalismanddemocracy.wordpress.com/

May 14
What’s up with gun right

What’s up with gun right

What’s the NRA’s big attachment to assault weapons? Why do we have to suffer the weapons of mass murder? One NRA member from Texas told an NPR reporter, “As far as I’m concerned, if you can afford to buy a tank, you…
May 7
Trying Dzhokhar Tsarnaev

Trying Dzhokhar Tsarnaev

It seems clear that Dzhokhar Tsarnaev exploded bombs at the Boston Marathon. Although some wanted him tried as an enemy combatant outside of the requirements of the Constitution, the Obama Administration has brought charges in the federal…
Apr 30
A 28th Amendment

A 28th Amendment

I got into a discussion about a proposed 28th Amendment to our Constitution a few days ago. Turns out there’s more than one proposal calling itself the 28th Amendment. I’m talking about the one that begins, “The rights…

Rank this Week: 1039

MediaBerkman

Harvard Law School Berkman Center for Internet & Society Podcast.

http://blogs.law.harvard.edu/mediaberkman

May 14
Timothy H. Edgar on Addressing Cyber Conflict While Protecting Privacy and Internet Freedom

Timothy H. Edgar on Addressing Cyber Conflict While Protecting Privacy and Internet Freedom

What does talk of cyber war mean for our liberties? The United States has a new military command for cyberspace, with the Director of the National Security Agency (NSA) as its commander. At the same time, the Secretary of State has announced…
May 14
Timothy H. Edgar on Addressing Cyber Conflict While Protecting Privacy and Internet Freedom [AUDIO]

Timothy H. Edgar on Addressing Cyber Conflict While Protecting Privacy and Internet Freedom [AUDIO]

What does talk of cyber war mean for our liberties? The United States has a new military command for cyberspace, with the Director of the National Security Agency (NSA) as its commander. At the same time, the Secretary of State has announced…
May 7
Justin Reich on Personalized Learning, Backpacks Full of Cash, Rockstar Teachers, and MOOC Madne

Justin Reich on Personalized Learning, Backpacks Full of Cash, Rockstar Teachers, and MOOC Madne

For decades, policymakers and futurists have heralded digital tools as essential to the the future of learning. Has the moment of disruptive transformational revolution finally arrived? If we are at a watershed moment, what futures are…

Rank this Week: 737

ataxingmatter

Tax law and economics by Linda Beale

http://ataxingmatter.blogs.com/tax/

May 14
Remember When the IRS Targeted Liberals?

Remember When the IRS Targeted Liberals?

Salon's Alex Seitz-Wald has a story that provides additional context on the difficulty the IRS has in determining appropriate filters for political activity. See "When the IRS targeted liberals: Under George W. Bush, it went after the…
May 14
IRS sharkfest continues: Media rampages; Obama scolds; Holder investigate

IRS sharkfest continues: Media rampages; Obama scolds; Holder investigate

While the information about the applications of tea party and other groups for tax-exempt 501(c)(4) "social welfare" status has been causing a feeding frenzy in the press, the Obama Administration continues to pander to the right by…
May 13
More on the IRS's "targeting of conservative groups"

More on the IRS's "targeting of conservative groups"

[edited 2:51 to include additional links to news coverage and Lerner statement] In my earlier posting on Orrin Hatch's disappointing 'keynote' speech at the concluding ABA Tax Section luncheon, I mentioned his concluding attack on the IRS for…

Rank this Week: 245

Failed Evidence

Covers arrests, prosecutions, and news relating to: criminal court cases, scientific evidence, eyewitness evidence, exonerated convicts, innocence, injustice, and the law enforcement system's general resistance to science. By David A. Harris.

http://failedevidence.wordpress.com/

May 14
Picking a New Police Chief: Design the Process a New Mayor Should Follow

Picking a New Police Chief: Design the Process a New Mayor Should Follow

How would you set up the the process to pick a new chief of police for a mid-sized city? Amidst a corruption scandal, Pittsburgh’s police chief resigned this Spring. (He has announced he’ll plead guilty to the charges…
May 14
Picking a New Police Chief: Design the Process a New Mayor Should Follow

Picking a New Police Chief: Design the Process a New Mayor Should Follow

How would you set up the the process to pick a new chief of police for a mid-sized city? Amidst a corruption scandal, Pittsburgh’s police chief resigned this Spring. (He has announced he’ll plead guilty to the charges…
May 13
Brooklyn DA’s Probe of 50 Convictions Featuring One Detective: Conviction Integrity Unit, False Confessions in the Spotlight

Brooklyn DA’s Probe of 50 Convictions Featuring One Detective: Conviction Integrity Unit, False Confessions in the Spotlight

With the news that the District Attorney of Brooklyn is re-examining convictions in 50 cases featuring the work of one particular detective (see stories here and here ), we see two issues that have surfaced on the Failed Evidence blog before:…

Rank this Week: 1789

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 14
Martha Fineman on Masculinities Scholarship and Feminist Legal Theory

Martha Fineman on Masculinities Scholarship and Feminist Legal Theory

Martha Fineman (Emory Univ. School of Law) has posted Feminism, Masculinities, and Multiple Identities on SSRN. Here is the abstract: Masculinities scholarship could be seen as distinct from and complementary to feminist theory — an…
May 14
Catholic/Secular Hospital Mergers Threaten Access to Reproductive Health Care

Catholic/Secular Hospital Mergers Threaten Access to Reproductive Health Care

The New York Times: Hospital Mergers Reset Abortion-Access Battle, by Kirk Johnson: Politicians seeking to restrict access to abortion, a marked trend this year from North Dakota to Arkansas, tend not to get much traction in this part of…
May 14
Abortion Protest Case Pits Free Speech Rights Against Protection of Children

Abortion Protest Case Pits Free Speech Rights Against Protection of Children

The New York Times: In Abortion Protests, Which to Protect, Children or Speech?, by Adam Liptak: Kenneth T. Scott opposes abortion, and he says so in public. Sometimes he holds up large pictures of aborted fetuses. Sometimes he makes his...

Rank this Week: 87

madisonian.net

Coves law, society, and technology. By University of Pittsburgh professor Mike Madison, Loyola University Chicago professor Brett Frischmann and Seton Hall Law professor Frank Pasquale.

http://madisonian.net

May 14
Is a broadcast to everyone private under the Copyright Act?

Is a broadcast to everyone private under the Copyright Act?

For the final post in my copyright series, I want to focus on another example in my series of discussions about formalism vs. policy in copyright. Today’s case is WNET v. Aereo, which allowed continued operation of a creative…
May 7
ICANN’s New gTLD Proce

ICANN’s New gTLD Proce

In case anyone’s interested, here’s a link to a guest blog post I did for Xconomy’s new Texas site, on ICANN’s new gTLD process. It’s just a general overview of current issues.
May 1
New ICANN Public Comment

New ICANN Public Comment

By the way, if anyone is as obsessed with Internet domain names as I am, ICANN has recently opened calls for public comment on the increasingly difficult challenges they are facing implementing aspects of the new gTLD process. Two…

Rank this Week: 913

Environmental Law Prof Blog

The Environmental Law Prof Blog is currently seeking an editor.

http://lawprofessors.typepad.com/environmental_law/

May 14
On NEPA and Duplicity

On NEPA and Duplicity

A few days ago, John Bonine, an environmental law professor at the University of Oregon, sent an email to the environmental law professors’ listserve asking for stories about “fraud, lies, omissions, and plagiarism” in environmental…
May 13
Standing in Recent Environmental Case

Standing in Recent Environmental Case

On Wednesday (May 15), the Environmental Law Institute is hosting a lunchtime seminar on The Future of Standing in Environmental Cases, with a great panel: F. William Brownell, Partner, Hunton & Williams (moderator) Amanda Leiter,…
May 8
LSU Law Center Launches New Laborde Energy Law Center

LSU Law Center Launches New Laborde Energy Law Center

In a bit of shameless self-promotion of my home institution, I wanted to highlight that LSU's Laborde Energy Law Center has now been officially launched. You can check out the new website here. The Center was made possible in large...

Rank this Week: 387

Start Making Sense

Tax and budget policy by Dan Shaviro

http://danshaviro.blogspot.com/

May 13
Upcoming trip

Upcoming trip

Torn ACL or not, the show must go on. (And anyway I have been cleared to walk and travel.)So on Sunday night I will be flying to Stockholm, Sweden, in order to spend a week there, during which I will guest-lecture at two Stockholm…
May 10
Advance birthday present!

Advance birthday present!

Tomorrow is my birthday - I won't say what number, though it is a matter of public record. But today I got a delightful birthday present, a day in advance. And yes, my saying so is just snark.Ten days ago I experienced…
May 8
Tax policy colloquium, week 14: Raj Chetty's "Active vs. Passive Decisions and Crowd-Out in Retirement Savings Accounts: Evidence from Denmark"

Tax policy colloquium, week 14: Raj Chetty's "Active vs. Passive Decisions and Crowd-Out in Retirement Savings Accounts: Evidence from Denmark"

Earlier this week we completed the 18th (!) annual edition of the NYU Tax Policy Colloquium. Thanks to my colleague for the semester, Bill Gale, for being great to work with both in general and with our constituencies, the students and…

Rank this Week: 862

Animal Blawg

Covers animal law, ethics and policy. By Professor David N. Cassuto, Professor Luis E. Chiesa and law student Suzanne McMillan.

http://animalblawg.wordpress.com

May 13
Hey Chicago–animal suffering lies behind that scenic splendor

Hey Chicago–animal suffering lies behind that scenic splendor

Kathleen Stachowski Other Nations Dear Chicago: We need to talk. You can trust me–I’m practically a native daughter. Heck, from my hometown in Indiana, we can look across Lake Michigan and see your skyline (well, on a clear…
May 2
The wolverine: one gnarly dude…who needs our help

The wolverine: one gnarly dude…who needs our help

Kathleen Stachowski Other Nations Mirror, mirror, on the wall, who’s the stinkiest, snarliest, gnarliest, wildest of them all? Why, Gulo gulo–the amazing wolverine–of course! And the gnarly little…
Apr 21
Rabbit ranching: Pat the bunny, whack the bunny

Rabbit ranching: Pat the bunny, whack the bunny

Kathleen Stachowski Other Nations Easter morning dawned bright and beautiful in Western Montana. I glanced out the window and there sat Sylvilagus nuttallii, the mountain cottontail. Though our mostly-wild,…

Rank this Week: 271

Workplace Dignity: Where Dignity…

Workplace Dignity: Where Dignity and Respect in the Workplace Reigns Supreme

Covers employment law, human resources best practices, and how to use alternative dispute resolution (ADR) mechanisms to help ensure a happy and productive workforce. By Kendall Isaac.

http://www.workplacedignity.com/employment-law-and-dispute-resolution-blog.html

May 13
Workplace Bullying Video Posted on YouTube by QualiaSoup 2/28/13

Workplace Bullying Video Posted on YouTube by QualiaSoup 2/28/13

[...]
May 12
A Salute to Working Mother

A Salute to Working Mother

[...]
May 11
TN Joins the Majority of States with New Workers' Compensation Reform

TN Joins the Majority of States with New Workers' Compensation Reform

[...]

Rank this Week: 275

Law at the End of the Day

Focuses on issues and the differences in how the law relates to economic organizations, political organizations, religious, ethnic and family organizations. By Penn State Dickinson School of Law Professor Larry CatÃ¡ Backer.

http://lcbackerblog.blogspot.com/

May 12
Norwegian Sovereign Wealth Fund Excludes Makers of Reconstituted Tobacco Leaf in the U.S. and China

Norwegian Sovereign Wealth Fund Excludes Makers of Reconstituted Tobacco Leaf in the U.S. and China

On May 8, 2013, the Norwegian Ministry of Finance published its decision to exclude the American company Schweitzer-Mauduit International Inc. and the Chinese company Huabao International Holdings Limited from the investment universe of the …
May 9
Xi Jinping's Constitutional Vision: Speech on the 30th Anniversary of the 1982 Constitution

Xi Jinping's Constitutional Vision: Speech on the 30th Anniversary of the 1982 Constitution

In the wake of the transition of leadership in China at the end of 2012, there has been a notable amount of attention paid to issues of constitutional structure and integrity. These movements have been met with a certain amount of…
May 8
New Paper Posted -- Towards a Robust Theory of the Chinese Constitutional State: Between Formalism and Legitimacy in Jiang Shigong's Constitutionalism

New Paper Posted -- Towards a Robust Theory of the Chinese Constitutional State: Between Formalism and Legitimacy in Jiang Shigong's Constitutionalism

I have been considering the development of modern Chinese constitutionalism. In particular, I have been considering the unique structures of Chinese constitutionalism beyond the constitutional document and the related issue of its…

Rank this Week: 153

The Legal Satyricon

Occasionally irreverent thoughts on the law. By Professor Marc J. Randazza.

http://randazza.wordpress.com

May 12
First Amendment vs. Disabilities Act

First Amendment vs. Disabilities Act

(From Charles Platt) Is this a real threat, or just posturing? The ADA has already been extended far beyond the areas in which is was first designed to apply. I can certainly imagine regulations compelling web sites to be “equally…
May 11
Jonas Williams: If you are a process server, you damn well better not lie on your service affidavit

Jonas Williams: If you are a process server, you damn well better not lie on your service affidavit

This is, in the grand scheme of things, not a very important case. However, to a lot of people, it might be. There was a process server operating in San Diego by the name of Jonas Williams. Instead of actually serving the people he was asked…
May 10
Rakofsky v. The Internet – LINK FIXED

Rakofsky v. The Internet – LINK FIXED

The long saga of Rakofsky v. The Internet is over (at least for now). The Order is here. Stay tuned, I’d imagine that there will be an appeal. The order is a bit soft, but the findings of fact are devastating. Filed under: misc

Rank this Week: 397

Unincorporated Business Entities…

Unincorporated Business Entities Law

Edited by Professors Gary S. Rosin, Bradley T. Borden, Thomas E. Geu, Elizabeth Miller, Douglas K. Moll and Donald Scotten.

http://uberlaw.net

May 10
Delaware, Charging Orders and SMLLC

Delaware, Charging Orders and SMLLC

House Bill No. 126, introduced in the Delaware legislature on May 9, 2013, would make two amendments to the Delaware LLC Act that would affect the rights of creditors. First, Section 6 of the Bill would Section 18-703(d) of the Delaware LLC…
May 10
Delaware Default Fiduciary Fix

Delaware Default Fiduciary Fix

In its per curiam opinion in Gatz Properties, LLC v. Auriga Capital Corporation, 59 A.3d 1223 (Del. 2012)(en banc) (slip opinion), the Delaware Supreme Court called on the Delaware legislature to settle the questions of whether,…
Mar 12
Manesh on Dictum & Default Dutie

Manesh on Dictum & Default Dutie

Mohsen Manesh (Oreg.) has a working paper with the alliterative title Damning Dictum: The Default Duty Debate in Delaware” (February 21, 2013)(SSRN). The paper reacts to the Delaware Supreme Court’s opinion in…

Rank this Week: 767

Empirical Legal Studies

Covers emerging empirical legal scholarship, conference updates and empirical claims. Edited by Professors Michael Heise, Theodore Eisenberg, William Ford, Sara Benesh, William Henderson, Frank Cross, Carolyn Shapiro, anbd Christopher Zorn

http://www.elsblog.org/the_empirical_legal_studi/

May 10
Empirical Legal Scholars and "Special" Responsibilitie

Empirical Legal Scholars and "Special" Responsibilitie

A recent post by David Schwartz (Chicago-Kent)--wondering whether empirical legal scholars should shoulder "special ethical responsibilities"--ignited a fascinating (and timely) discussion over at Concurring Opinions. Two reasons…
May 3
Helpful Reminders on How To Minimize Errors in Empirical Research

Helpful Reminders on How To Minimize Errors in Empirical Research

Responding to the recent debacle involving a grad student uncovering a blundering error in a paper by noted Harvard economists (here), Betsey Stevenson (Mich.) and Justin Wolfers (Mich.) initiated a (now growing) list of suggestions on how to…
Apr 30
(Re-)Defined Data

(Re-)Defined Data

Over at PrawfsBlawg, John Pfaff (Fordham) provides a cautionary reminder that most empiricists cannot hear often enough. Re-defining key variables can influence results and re-defined variables are frequently difficult to detect, particularly…

Rank this Week: 378

Most Popular Law Professor Blawgs Expanded View List View