Law Professor Blogs (196)Expanded ViewList View
Conglomerate
Conglomerate
Covers business, law, economics and society. By Professors Gordon Smith, Christine Hurt, Vic Fleischer, Fred Tung, and Lisa Fairfax.
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Nov 21
The Law School Shakedown Cruise
I've spend a good chunk of my guest-blogging stint making dismal predictions about the future of law schools. In reply to Usha's post, the first thing I thought about is how these predictions will affect me. I waited a long time to become a law professor, and I'm having a ball. So clouds darkening the horizon are unnerving for many personal reasons too. I'm also not so sure blogging about the problems in legal education is a great career move for the untenured. To wit, late last Friday... Posted on November 21, 2009 at 10:50 am by Erik Gerding -
Nov 21
Teaching Business Associates after the Crisis
Following my post on revisiting the "Contracts Crisis", I am wondering how those of you teaching Business Associations and Corporations have integrated the financial crisis into your classes. I'm sure that the crisis will make my end-of-the semester class on Corporate Social Responsibility even more lively. I wish I had remembered, but I meant to talk about why Bear Stearns didn't just abandon their two hedge funds in the context of my veil piercing classes. Moral or implicit recourse seems an... Posted on November 21, 2009 at 08:51 am by Erik Gerding -
Nov 21
The Contracts Crisis Revisited
Christine had a really provocation post several months back on whether the financial crisis reflected a "Contracts Crisis" to rival the "Torts Crisis" we hear so much about. This merits continued discussion. The basic question is whether the financial crisis is forcing us to rethink how basic contract principles apply to rigid mortgage contracts, indentures for asset-backed securities, and credit derivatives. When should contract law bend to allow the government to modify these agreements to... Posted on November 21, 2009 at 07:10 am by Erik Gerding
PrawfsBlawg
PrawfsBlawg
By Professors Dan Markel, Ethan J. Leib, Rob Howse, Paul Horwitz, Rick Garnett, Matt Bodie, Steve Vladeck and Orly Lobel.
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Nov 22
Texting While Driving: Do Prawfs Do It Too?
The New York Times reported today on a new technology that will disable a cellphone (except for emergency calls) when GPS detects that the cellphone is moving at driving speeds. Drivers trying to kick the habit of talking (or texting) while driving can use the service to counteract their own impulses, and auto insurance companies are now offering discounts to drivers who use the technology. This is a nice technological approach to a problem -- distracted driving from cellphone use -- that has... Posted on November 22, 2009 at 08:16 pm by Noah Sachs -
Nov 22
The Political Economy of Fear and Disgust; or, In Praise of 'The Housewives'
In a recent post, Professor Jonathan Simon makes the impassioned case that there simply isn't enough money any more for the state of California to invest in both education and imprisonment. Sure, when times were fat, we could support our wasteful fear habit. But today we must choose -- exactly by a kind economic compulsion -- between "fear" and "hope" -- investment in our future or the repressive and retrograde policies of the past. "Hope," of course, has been wielded spectacularly effectively... Posted on November 22, 2009 at 08:09 pm by Marc DeGirolami -
Nov 22
Communion and Consistency?
I post the following in the interest of stimulating thoughtful conversation on religion and politics, one of our specialties here. It turns out the Catholic Church has been urging Rep. Kennedy to avoid participating in communion based on his support for abortion rights. The story has been percolating intensely the last couple weeks but stems from a letter sent to Kennedy from a bishop based in RI back in 2007. In response to this article, someone writes: Now I'm not a Catholic, but this is... Posted on November 22, 2009 at 11:47 am by Dan Markel
Religion Clause
Religion Clause
By University of Toledo College of Law Professor Howard M. Friedman.
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Nov 22
Religious Scholar Becomes Effective Regime Opponent In Iran
Today's New York Times reports that Iran's Grand Ayatollah Hossein Ali Montazeri has become one of the most effective critics of the current Iranian regime. Montazeri, the most knowledgeable religious scholar in the country, attacks the government as not Islamic. The ailing cleric in his mid-80's issues stinging criticisms online and elsewhere. In one, he said: "A political system based on force, oppression, changing people's votes, killing, closure, arresting and using Stalinist and medieval... Posted on November 22, 2009 at 06:25 am by Howard Friedman -
Nov 22
Maldives Considering Ban On Public Worship By Non-Muslims
Maldives parliament, the People's Majlis, is considering a bill to outlaw building of places of worship for non-Muslim religions and to prohibit the practice of other faiths in public. (Minivan News, Nov. 18). The bill will allow non-Muslim foreigners to worship in the privacy of their homes, but they could not invite Maldivians to participate. Violations of the law would carry jail terms of up to five years and fines of up to $4600 (US). Maldives constitution already prohibits non-Muslims from... Posted on November 22, 2009 at 06:15 am by Howard Friedman -
Nov 22
Suit Challenges Closing of 50 Churches By Cleveland Catholic Diocese
A lawsuit has been filed in state court in Akron, Ohio seeking to prevent the Cleveland Catholic Diocese from moving ahead with its plans to close some 50 of its churches in eight counties. The closures and parish mergers are designed to save money and make better use of the Diocese's limited number of priests. According to yesterday's Cleveland Plain Dealer, Nancy McGrath, head of the newly formed group Code Purple, alleges in her lawsuit that under Ohio law, the Bishop needs consent of... Posted on November 22, 2009 at 06:05 am by Howard Friedman
Concurring Opinions
Concurring Opinions
Covers a broad range of legal topics. By Professors Daniel J. Solove, Kaimipono Wenger, Dave Hoffman, Dan Filler, Nate Oman and Frank Pasquale.
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Jun 10
Fordham Law Review, Volume 77 Number 6 (May 2009)
Volume 77 May 2009 Number 6 ARTICLES The Pros and Cons of Politically Reversible "Semisubstantive" Constitutional Rules Dan T. Coenen The Right Remedy for the Wrongly Convicted: Judicial Sanctions for Destruction of DNA Evidence Cynthia E. Jones ESSAY Combat Veterans, Mental Health Issues, and the Death Penalty: Addressing the Impact of Posttraumatic Stress Disorder and Traumatic Brain Injury Anthony E. Giardino NOTES Beyond Lawrence v. Texas: Crafting a Fundamental Right to Sexual Privacy... Posted on June 10, 2009 at 08:47 pm by Fordham Law Review -
Jun 10
Routing Around Government Pay Scales
I know, you're expecting a post on the new compensation czar. But before commenting on that, I want to think a bit about the way in which Sallie Mae-once a GSE, now "fully privatized"-may amount to a de facto end-run around the usual pay scales for government work. Back in May, Gail Collins editorialized on "the epicenter of the college loan strangeness," guaranteed student loans. For such loans, she says, the following holds: We the taxpayers pay the banks to make loans to students. We the... Posted on June 10, 2009 at 06:41 pm by Frank Pasquale -
Jun 10
Law vs. Culture in Intellectual Property
On Friday and Saturday I'll be at a conference at GW Law School on "Patents and Entrepreneurship in Business and Information Technologies." As I prelude to my talk there (about Bilski), I thought I'd write about an aspect of innovation policy that probably deserves more attention. When people think about how to improve public education, the debate tends to break down along the lines of "money" vs. "values." In other words. some people say that the problem with schools is that we don't spend... Posted on June 10, 2009 at 12:26 pm by Gerard Magliocca
Legal Theory Blog
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.
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Nov 20
Armstrong on Metaphor in Criminal Justice Policy
/**/ Sarah Armstrong (Glasgow University) has posted Managing Meaning: The Use of Metaphor in Criminal Justice Policy on SSRN. Here is the abstract: This paper takes an unorthodox approach to the study of policy, by analysing the use of metaphors in policy documents. Policy language presents an important topic of study because the policy text is an increasingly important technique of governance, aiming at one level to satisfy desires for transparency and public consultation, and, at another, to... Posted on November 20, 2009 at 05:46 pm by Lawrence Solum -
Nov 20
Glen on Posner & Sunstein on Collective Decision-Making & Foreign Law Application
/**/ Patrick J. Glen (Department of Justice, Civil Division, Office of Immigration Litigation) has posted On Learning from Nest-Seeking Honeybees and House-Hunting Ants: Collective Decision-Making and its Implications for a Condercetian Normative Theory of Foreign Law Application in U.S. Courts on SSRN. Here is the abstract: This article presents a critique of Eric Posner's and Cass Sunstein's claim that Condorcet's Jury Theorem provides a normative framework for the application of foreign law... Posted on November 20, 2009 at 02:56 pm by Lawrence Solum -
Nov 20
Otto on Gender in International Law
/**/ Dianne Otto (University of Melbourne - Law School) has posted The Exile of Inclusion: Reflections on Gender Issues in International Law Over the Last Decade (Melbourne Journal of International Law, Vol. 10, No. 1, 2009) on SSRN. Here is the abstract: This article reflects on gender issues in international law over the last decade, using Security Council resolutions 1325 and 1820 on women, peace and security as bookends. It describes the remarkable spread of feminist ideas throughout the UN... Posted on November 20, 2009 at 01:36 pm by Lawrence Solum
43(B)log
43(B)log
Covers false advertising and intellectual property issues. By Professor Rebecca Tushnet.
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Nov 20
Another reason I'm glad to be a vegetarian
Sushi fraud: Apparently, if you don't walk around fingerprinting the DNA of your fish--the database is, hilariously, FISH-BOL--you run the risk of ordering tuna and instead receiving escolar, "a nasty fish with buttery flesh that can cause bizarre episodes of diarrhea, accompanied by a waxy intestinal discharge," or an endangered species of tuna. "[R]esearchers from Columbia University and the American Museum of Natural History ordered tuna from 31 sushi restaurants and then used genetic tests... Posted on November 20, 2009 at 01:22 pm by Rebecca Tushnet -
Nov 20
Non-survey experts in trademark cases
Flagstar Bank, FSB v. Freestar Bank, N.A., 2009 WL 3837145 (C.D. Ill.) I am very interested in the use of non-survey expert evidence in trademark and false advertising cases; I think it has a lot of potential to improve the analysis, especially given how manipulable surveys are-reasoning from what we know about human communication and understanding generally may well be more reliable than a claim-specific survey. But it's not often done, and the judge's careful dissection of a proffered expert... Posted on November 20, 2009 at 03:45 am by Rebecca Tushnet -
Nov 19
The history of snake oil
From the Smithsonian Museum of American History (yes, it has a blog). And a website for its collection of patent medicines. If you want to know why we have the FDA, take a look. HT: Zach Schrag. Posted on November 19, 2009 at 09:09 am by Rebecca Tushnet
The Race to the Bottom
The Race to the Bottom
A faculty-student collaboration on corporate governance. By Professor J. Robert Brown, Jr.
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Nov 20
In re MIVA, Inc. Securities Litigation and the Problem of Loss Causation
In the securities fraud class action In re MIVA, Inc. Securities Litigation, No. 2:05-cv-00201-JES-DNF (M.D. Fla. Aug. 25, 2009), Magistrate Judge Douglas N. Frazier recommended the United States District Court of the Middle District of Florida grant the defendants' motion for summary judgment. The Magistrate Judge held that the plaintiffs could not present a triable issue of fact on the issues of loss causation and damages. The plaintiffs were a class of persons who purchased or acquired... Posted on November 20, 2009 at 05:00 am by Tracy Taylor -
Nov 19
Compensation Contracts and Plain Language: The Limits of Golden Parachutes (Martinez v. Regions Financial Corp)
In Martinez v. Regions Financial Corporation, No. 4128-VCP, 2009 WL 2413858, *1 (Del. Ch. Aug. 6, 2009), an executive was discharged without cause after refusing to enter into a new employment agreement. The Delaware Court of Chancery determined the former executive was entitled to her "golden parachute" severance package, but also found she was not entitled to salary and benefits for the remainder of her employment agreement. The plaintiff, Susan A. Martinez ("Martinez"), was a Senior... Posted on November 19, 2009 at 05:00 am by Andrew Podore -
Nov 18
Another Voice for Resurrecting Glass Steagall
Congressman Conyers has announced that he will introduce legislation to provide for a "modernized and updated version of the Glass-Steagall Act." It is part of the growing recognition that complete repeal was a mistake, something pointed out in The "Great Fall": The Consequences of Repealing the Glass-Steagall Act, a piece published before repeal occurred. Much of the focus so far has been on the need to restrain deposit taking banks from engaging in higher risk practices associated with... Posted on November 18, 2009 at 09:00 am by J. Robert Brown
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.
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Nov 22
Keyword Advertising Lawsuit Survives Motion to Dismiss--Morningware v. Hearthware
By Eric Goldman Morningware, Inc. v. Hearthware Home Products, Inc., 2009 WL 3878251 (N.D. Ill. Nov. 16, 2009) I keep getting calls from reporters operating under the misimpression that trademark owner-vs.-search engine keyword advertising lawsuits are more common than trademark owner-vs.-keyword advertiser lawsuits. While the lawsuits against search engines certainly get way more press coverage, in reality they are relatively rare. I don't have an exact count of pending lawsuits, but only 10... Posted on November 22, 2009 at 07:36 am by Eric -
Nov 20
A Look at Twitter's Updated Privacy Policy (November 19, 2009)
[Post by Venkat] As noted on Twitter's blog, Twitter refreshed its privacy policy yesterday. Given that virtually everything Twitter does is placed under the microscope, I'm sure the policy will be pored over in detail. (Here's a link to the updated policy and a link to the old policy.) General thoughts on the policy: The policy is short, easy to understand, and in plain English. The thrust of the policy is that most users typically use Twitter to publicly disseminate information, and users... Posted on November 20, 2009 at 12:15 pm by Venkat -
Nov 18
Citysearch Click Fraud Class Certified--Menagerie v. Citysearch
By Eric Goldman Menagerie Productions v. Citysearch, 2009 WL 3770668 (C.D. Cal. Nov. 9, 2009) While we don't hear much about click fraud litigation any more, there are still some click fraud lawsuits percolating through the courts, including this one against Citysearch. I initially blogged on the case under a different name, Lambotte v. IAC/InterActiveCorp.. Lambotte is out as a named plaintiff and Menagerie Productions now gets the honor. The big news is that earlier this month, the judge... Posted on November 18, 2009 at 07:04 am by Eric
Split Circuits
Split Circuits
Tracks developments concerning splits among the federal circuit courts. By University of Richmond School of Law Professor A. Benjamin Spencer.
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Oct 30
W.D. La. Notes Split Re Fees Awardable under 42 U.S.C. § 406(b)
Per Raposa v. U.S. Com'r Social Sec. Admin. Slip Copy, 2009 WL 3460433 (W.D. La. Oct. 22, 2009): David Raposa ("Plaintiff") commenced this civil action to appeal the Commissioner's denial of disability benefits. This court entered a judgment that reversed and remanded the case for further proceedings pursuant to sentence four of 42 U.S.C. § 405(g). Soon afterward, the court granted Plaintiff's motion for fees under the Equal Access to Justice Act ("EAJA") and awarded $3,618.75. . . . With... Posted on October 30, 2009 at 05:20 pm by A. Benjamin Spencer -
Oct 27
Court of Federal Claims Notes Split Re Culpability Needed for Spoliation Finding
Per Consolidated Edison Co. of New York, Inc. & Subsidiaries v. U.S. --- Fed.Cl. ----, 2009 WL 3418533 (Fed. Cl. Oct. 21, 2009): The relevant circuit for this court, the United States Court of Appeals for the Federal Circuit, has not definitively addressed whether a finding of bad faith is required before a court can find spoliation or impose an adverse inference or other sanction. Because many of the spoliation cases decided to date by the Federal Circuit have been patent cases in which... Posted on October 27, 2009 at 03:00 am by A. Benjamin Spencer -
Oct 23
Ninth Circuit Creates Split Re Meaning of "Actual Damages" in 11 U.S.C. s. 362(k)(1)
Per Sternberg v. Johnston, --- F.3d ----, 2009 WL 3381162 (9th Cir. Oct. 22, 2009): Sternberg also argues that the bankruptcy court erred in calculating Johnston's damages because it awarded attorney fees not only for the work associated with remedying the stay violation but also for the subsequent adversary proceeding in which Johnston sought to collect damages for the stay violation. We agree. . . . The relevant statute, 11 U.S.C. § 362(k)(1), states that "an individual injured by any... Posted on October 23, 2009 at 02:31 am by A. Benjamin Spencer
Instapundit.com
Instapundit.com
Online magazine of opinion. By University of Tennessee College of Law professor Glenn Reynolds.
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Nov 22
BYRON YORK: Why was it so hard for Dems even to start health care debate?…
BYRON YORK: Why was it so hard for Dems even to start health care debate? Posted on November 22, 2009 at 12:01 am by Glenn Reynolds -
Nov 21
DAVE KOPEL EXPLAINS: President Obama Is Not A Jihadi. “There is not a scintilla of evidence to sug…
DAVE KOPEL EXPLAINS: President Obama Is Not A Jihadi. "There is not a scintilla of evidence to suggest that our President is a jihadi." From the comments: "I think to be a jihadi you have to belief in something larger than yourself." Posted on November 21, 2009 at 08:46 pm by Glenn Reynolds -
Nov 21
SANJAY GUPTA ON those new mammogram guidelines….
SANJAY GUPTA ON those new mammogram guidelines. Posted on November 21, 2009 at 08:31 pm by Glenn Reynolds
Balkinization
Balkinization
By Yale Law School Professor Jack M. Balkin.
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Nov 21
"Just Compensation" Can Lead to More Government Takings
Crosspost from Freakonomics: We are trapped in a world with far too few IRS audits. Law-abiding tax payers hate being audited and their representatives in Congress have heard the message loud and clear - strangling the ability of the IRS to conduct field examinations. The problem with the current state of affairs is that non-law-abiding tax payers find it far too easy to avoid paying their fair share. Barry Nalebuff and I have a new column in Forbes (Winning the Audit Lottery) that suggests a... Posted on November 21, 2009 at 03:23 am by Ian Ayres -
Nov 20
Originalism in the American Mind
(coauthored with Stephen Ansolabehere and crossposted) Upon the initiative of my colleague Jamal Greene who has been writing about the popularity of originalism, our July survey included several questions concerning judicial methodology. As cautious as we might be generally about measuring opinion on constitutional questions, our concerns about question wording, issue complexity, and non-salience are heightened in this context. Nevertheless, recognizing those limitations, we sought to examine... Posted on November 20, 2009 at 08:32 am by Nate Persily -
Nov 19
Why Jack Balkin is Disgusting
Here. Posted on November 19, 2009 at 07:01 am by Andrew Koppelman
Leonard Link
Leonard Link
Features reporting and commentary on law, music, film and current events with a special emphasis on Sexuality & the Law. By New York Law School Professor Arthur S. Leonard.
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Nov 22
NY City Opera's Don Giovanni
Imagine the large multipurpose room in a Catholic school, convent or other facility - a large meeting room with plain walls, a large cross on the wall, squared-linoleum floors and plain white lights hanging from the ceiling. Imagine this is in Italy, and that the congregation, with the assistance of visiting celebrities, will put on its own version of Don Giovanni. The ordinary congregants who make up the chorus will dress up in their best out-of-date suits and dresses, while those playing... Posted on November 22, 2009 at 06:25 pm by ALeonard -
Nov 21
City Center Encores Scores with Gershwins' "Girl Crazy"
City Centers Encores is a real favorite - a wonderful series spread over the concert/theater season reviving old musical shows with fully-costumed, semi-staged performances that always sparkle with energy and enthusiasm. The new season of Encores began with "Girl Crazy," the musical show by George and Ira Gershwin that first opened in 1930, scored an immediate hit with such classic tunes as "Embraceable You" and "I've Got Rhythm," made a star of Ethel Merman, and ran for a then-wonderful 272... Posted on November 21, 2009 at 02:33 pm by ALeonard -
Nov 20
Federal Judges Go to Bat For Their Married Gay Employees
On November 18 and 19, two judges of the U.S. Court of Appeals for the 9th Circuit, sitting as part of the Employment Dispute Resolution (EDR) Plan for their court, responded to the impertinent move by the federal Office of Personnel Management (OPM) to interfere with the relief they had ordered earlier this year on behalf of gay employees of the federal courts within the Circuit who sought to enroll their spouses in the federal employee benefits plan program. In both cases, employees of the... Posted on November 20, 2009 at 01:54 pm by ALeonard
Discourse.net
Discourse.net
Covers civil liberties, the Internet, Guantanamo, Iraq attrocities, politics and more. By University of Miami law professor Michael Froomkin.
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Nov 21
I Went to a Party
Here's what I did this afternoon: More details at Soul of Miami and Sex and the Beach. It was a good party - met Mustang Bobby and saw the Miami Beach 411 crowd - always the life of the party. Plus I met the Genius of Despair (but not, alas, Gimleteye, with whom it seems I may have a few things in common. There was a loud band, which I would enjoyed more under other circumstances. The folks at Graziano's were pouring lethal rum-and-cokes; I haven't seen ratios like that since college. One glass... Posted on November 21, 2009 at 08:07 am by Michael -
Nov 20
Jonathan Simon on the Real Target for California Protestors
Jonathan Simon writes that California's protesters should Strike Against Prisons not Education. (Note: Jon wrote this before the latest round of protests.) Posted on November 20, 2009 at 08:01 pm by Michael -
Nov 20
A Problem for 'Plain-Meaning' Advocates
Advocates of a 'plain meaning' approach to constitutional interpretation may have to conclude that Texas accidentally banned all marriage, as described in this McClatchy report, Texas' gay marriage ban may have banned all marriages Barbara Ann Radnofsky, a Houston lawyer and Democratic candidate for attorney general, says that a 22-word clause in a 2005 constitutional amendment designed to ban gay marriages erroneously endangers the legal status of all marriages in the state. The amendment,... Posted on November 20, 2009 at 07:38 pm by Michael
Federal Civil Practice Bulletin
Federal Civil Practice Bulletin
Covers federal civil practice and procedure. By University of Richmond Professor A. Benjamin Spencer.
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Nov 4
SCOTUS Wiki on Hertz Corp. v. Friend
Next week, SCOTUS is hearing oral arguments in Hertz Corporation v. Friend, a case that asks the Court to decide the meaning of "principal place of business" in 28 U.S.C. s. 1332, the diversity statute. The SCOTUS Wiki has a good summary of the case and links to related briefs here. Posted on November 4, 2009 at 04:41 pm by A. Benjamin Spencer -
Nov 3
SCOTUS Blog Summarizes Shady Grove Oral Argument
SCOTUS Blog has this very helpful summary of the oral argument in the Erie/Hanna case, Shady Grove Orthopedic v. Allstate here. Posted on November 3, 2009 at 04:05 pm by A. Benjamin Spencer -
Nov 2
Prof. Seinfeld Posts Article on Enumeration and Article III
Professor Gil Seinfeld (Michigan) has posted an Article entitled Article I, Article III, and the Limits of Enumeration on SSRN. Here is the Abstract: Article I, § 8 and Article III, § 2 of the U.S. Constitution deploy parallel strategies for constraining the power of the federal government. They enumerate powers that the national legislature and judiciary, respectively, are permitted to exercise and thereby implicitly prohibit these two branches of government from exercising powers not... Posted on November 2, 2009 at 04:06 pm by A. Benjamin Spencer
Legal History Blog
Legal History Blog
Offers scholarship, news and new ideas in legal history. By professor Mary L. Dudziak.
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Nov 21
Sunday book news
Borrowing from Ralph Luker at Cliopatria on a busy weekend, here's a portion of his recent book news: Sean Wilentz, "Into the West," NYT, 20 November, reviews Robert W. Merry's A Country of Vast Designs: James K. Polk, the Mexican War, and the Conquest of the American Continent.Jonathan Yardley, "Forgotten Warrior," Washington Post, 22 November, reviews Joan Waugh's U. S. Grant: American Hero, Posted on November 21, 2009 at 07:13 pm by Mary L. Dudziak -
Nov 21
Oliver on the History of Witnesss Detention
Wes Oliver, Widener University School of Law, has posted The Rise and Fall of Material Witness Detention in Nineteenth Century New York, which originally appeared in NYU Journal of Law & Liberty, 1 (2005). Here is the abstract:With the Ninth Circuit's opinion in al-Kidd v. Ashcroft holding that material witness detentions may not be used as a pretext to hold suspects, it is worth noting that as Posted on November 21, 2009 at 04:44 pm by Dan Ernst -
Nov 20
The Case of the Thirsty Mollusk
I learned recently of the BBC radio series, The Cases That Changed Our World. The latest episode is "The legal case of the snail found in the ginger beer ," Donoghue v Stevenson (1932).Image credit. Posted on November 20, 2009 at 05:33 pm by Dan Ernst
Jack Bog's Blog
Jack Bog's Blog
Law and other thoughts by Lewis & Clark Law School Professor Jack Bogdanski.
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Nov 20
Disaster in Oakland
The Blazers dealt themselves a hideous, no-excuses loss to the lowly Golden State Warriors this evening. Even more distressing than the final score was the spectacle of Coach Nate essentially benching Andre Miller. Miller had 14 points but played less than 19 minutes. Steve Blake played 37 minutes, and had 6 points and 5 assists. Whenever you see Jerryd Bayless on the court, at all, it's a sure sign that there's something very wrong in Portland. The guy should be riding the pines. This Blazer... Posted on November 20, 2009 at 09:49 pm -
Nov 20
Take it or leaf it
I thought Mayor Creepy said that Portland wasn't going to have leaf depots this year. Now we are. Whatever. It's good that they're going to be open, at least on a couple of Saturdays. The beauty of our street trees becomes a bit of a chore this time of year. Posted on November 20, 2009 at 08:49 pm -
Nov 20
Have a great weekend
Posted on November 20, 2009 at 03:17 pm
Feminist Law Professors
Feminist Law Professors
Covers feminism, sexism, reproductive rights and women's health. By University of South Carolina School of Law Professor Ann Bartow.
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May 2
After Just 341 Years, Britain’s Poet Laureate Is A Woman
She is Carol Ann Duffy, a poet, playwrite, and children's author, originally from Glasgow, Scotland. From the New York Times: Ms. Duffy, 53, is known for using a deceptively simple style to produce accessible, often mischievous poems dealing with the darkest turmoil and the lightest minutiae of everyday life. In her most popular collection, "The World's Wife" (1999), overlooked women in history and mythology get the chance to tell their side of the story, so that one poem imagines, for... Posted on May 2, 2009 at 03:59 pm by Kathleen Bergin -
Feb 3
[read post]
Posted on February 3, 2009 at 12:51 pm by Ann Bartow -
Feb 3
Change your links, feeds and bookmarks! We moved to http://feministlawprofessors.com/
Here, in other words! Posted on February 3, 2009 at 10:44 am by Ann Bartow
Adjunct Law Prof Blog
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.
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Nov 20
Recognizing out-of-state same-sex marriages for purposes of public employee health insurance coverage and other benefits ruled lawful
Godfrey v Spano, 2009 NY Slip Op 08474, Decided on November 19, 2009, Court of Appeals [Decided with Lewis v New York State Department of Civil Service] Plaintiffs in this action are taxpayers challenging directives recognizing out-of-state same-sex marriages for... Posted on November 20, 2009 at 09:01 pm by Adjunct LawProfs -
Nov 19
New York Law Student Fails In His Challenge To Reverse His Legal Writing Grade
Keefe v. New York Law School, ___Misc. 3d___(N.Y. Co. Nov. 17, 2009), is an interesting case. A transfer student to New York Law School from Hofstra Law School was unhappy with being placed in Legal Writing II. As I understand... Posted on November 19, 2009 at 09:12 pm by Adjunct LawProfs -
Nov 19
2d Circuit Upholds Attorney Stewart Criminal Conviction For Supporting Terrorism
Disbarred defense attorney Lynne Stewart's conviction was affirmed by the 2d Circuit, but the court was very critical of the short prison sentence she was ordered to serve for providing material support to a terror conspiracy. A divided appellate court... Posted on November 19, 2009 at 09:11 pm by Adjunct LawProfs
Credit Slips
Credit Slips
Discusses credit and bankruptcy. By Professors Bob Lawless, Angela Littwin, Katie Porter, John Pottow, Deborah Thorne and Elizabeth Warren.
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Nov 18
Son of Pine Gate
As Credit Slips readers may know, a group of key Philadelphia newspapers are currently in chapter 11. The debtor that owns the papers owes its secured lenders north of $290 million. It wants to sell itself under a plan to a group of buyers that include some insiders. The deal will net the lenders $36 million. You'll be shocked to learn the lenders are not fond of the proposed plan. But when the debtor sought approval of bidding procedures that denied the lenders a right to credit bid under... Posted on November 18, 2009 at 05:55 am by Stephen Lubben -
Nov 17
Lehman & Barclays
Lehman has sued Barclays over the incredibly rushed sale of Lehman's key brokerage assets to Barclays a year ago. No doubt the financial industry crowd will use this to further promote their argument that chapter 11 does not work for large financial firms, thus supporting the need to reinvent the wheel create a new "resolution authority." This, of course, ignores the degree to which the financial community created the Lehman mess, by both undermining chapter 11 through the reckless expansion of... Posted on November 17, 2009 at 08:31 am by Stephen Lubben -
Nov 16
Repeal the Safe Harbors?
Today I'm speaking (along with my co-blogger, Adam) at the ABI's conference on chapter 11 reform at Georgetown. I'll be making the case for the repeal of the derivative safe harbors in the Code -- my paper can be found here. I should point out that I suggest that the repeal should be accompanied by corresponding changes to the Code, like allowing "mark to market" collateral provisions to persist despite the automatic stay, giving the debtor the burden of going to court to stop them if they are... Posted on November 16, 2009 at 02:28 am by Stephen Lubben
The Faculty Lounge
The Faculty Lounge
Conversations about law, culture, and academia. By Professors Dan Filler, Laura Appleman, Al Brophy, Kathleen Bergin, Kevin Noble Maillard and Calvin Massery.
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Nov 20
Tenure Reviews and the Appointments Process
I've often wondered about norms within academia about appropriate uses for tenure letters, particularly in appointments processes involving other schools. I'm thinking particularly about two situations. 1. If Professor X writes a tenure letter in support of Candidate Y's application for tenure, and in the process of reviewing Candidate Y's work and writing the letter, realizes that Candidate Y might be a good fit for an open position at Professor X's school, is there anything unethical about... Posted on November 20, 2009 at 07:58 pm by Jacqueline Lipton -
Nov 20
Twitter for Class
What is a good way of sharing information with your class that is effective and not annoying? I often see news articles, video clips, or blog posts that my be of use to students, but I don't want to email the class list every single time I have something to share. Multiple emails clogging inboxes from professors cannot imaginably be on a list of student wants. Blackboard and TWEN are incredibly useful for providing students with syllabi and reading materials, but are not the best designed sites... Posted on November 20, 2009 at 11:06 am by Kevin Maillard -
Nov 20
Iowa Law Slowly Unfolds List Of Five Dean Finalists
The University of Iowa College of Law is starting on-campus interviews of candidates for its deanship. The first person coming to campus will be Gregory Mark, a professor and associate dean at Rutgers - Newark. Other individuals will be coming to campus over the next month. The College is being cagey about the identities of these candidates, announcing names between two and six days before each visit. For those of you who want to track this closely, here is the schedule of interviews - with... Posted on November 20, 2009 at 07:55 am by Dan Filler
Althouse
Althouse
Covers the law and news. From University oif Wisconsin Law Professor Ann Althouse.
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Nov 20
November sunset.
Posted on November 20, 2009 at 02:08 pm by Ann Althouse -
Nov 20
"After work I would race back home, not even eat or take a shower, and just go back to the computer for fear of losing whatever inspiration I had."
Sweet success for Adam Young. We're listening to "Fireflies," here. Posted on November 20, 2009 at 01:32 pm by Ann Althouse -
Nov 20
At the Things Looked At/Things Consumed Café...
... you can make up your own mind. (Photos taken today at David Bacco Chocolates, where Meade had the Mayan and I had the White Violet.) Posted on November 20, 2009 at 10:16 am by Ann Althouse
Brian Leiter's Law School Reports
Brian Leiter's Law School Reports
News about law professors and law schools. By University of Texas School of Law Professor Brian R. Leiter.
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Nov 20
Sign of the Times: 66% Increase in Applications for Federal Clerkships
More here. Posted on November 20, 2009 at 12:08 pm by Brian Leiter -
Nov 19
What the "Super Lawyer" Ranking of Law Schools Would Look Like...
...if the editors had not been drinking theThomas Cooley kool aid that rewards big schools for being, well, big. Amazingly, they produced a list of schools that graduated the most "super lawyers" without making any effort to take account of... Posted on November 19, 2009 at 08:01 am by Brian Leiter -
Nov 18
A JD/PhD in Philosophy, Part II
Following up on the earlier item, another question. Posted on November 18, 2009 at 06:56 pm by Brian Leiter
Sentencing Law and Policy
Sentencing Law and Policy
By Moritz College of Law Professor Douglas A. Berman.
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Nov 22
"Do Defendants Get Enough Warning About a Guilty Plea's Consequences?"
The title of this post is the headline of this effective new article by Tony Mauro from The National Law Journal. Here is the start of an effective piece that connects the Ballon Boy story to a pending Supreme Court case on this topic: The attention-seeking parents of the Colorado "balloon boy" must not have had their thinking caps on last month when they told police their son was aboard a runaway hot air balloon. But when their misadventure got them hauled into court, they suddenly smartened... Posted on November 22, 2009 at 08:15 am by Doug B. -
Nov 22
Ohio death row defendant claiming new lethal injection protocol involves "human experimentation"
This local article, which is headlined "Lawyer: Ohio's lethal injection a human experiment," shows the argument that a death-row inmate is forced to using now that Ohio has adopted a new one-drug lethal injection protocol. Here are the details: The state's new lethal-injection plan is so untested that it would amount to human experimentation if used for the first time in December, an attorney for a condemned inmate said in a Friday court filing. There is no reason for federal courts to allow... Posted on November 22, 2009 at 07:58 am by Doug B. -
Nov 21
Couldn't (and shouldn't) prosecutors keep going after KSM until the "right" outcome is achieved?
Ever since AG Holder announced the decision to try Khalid Sheikh Mohammed in civilian court in New York City, there has been much hand-wringing in the media (and on this blog) about the possibility that KSM could be acquitted or avoid the death sentence that would seem justified in this case. But these professed fears fail to appreciate that various limits on double jeopardy would enable prosecutors many bites at the KSM apple, if needed. First, the federal charges to be brought in New York may... Posted on November 21, 2009 at 11:10 am by Doug B.
Ideoblog
Ideoblog
Covers antitrust, business, class actions, corporate crime, corporate governance, executive compensation, regulation, securities fraud and more. By University of Illinois law professor Larry E. Ribstein.
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Nov 19
Jurisdictional competition for LLCs at CELS
This Saturday morning at 9:00 A.M. PST Bruce Kobayashi and I will be presenting our paper Jurisdictional Competition for LLCs at the Conference for Empirical Legal Studies. If you're at the conference, then be there! If not, then watch the webcast. Here's the abstract: Most of the work on jurisdictional competition for business associations has focused on publicly held corporations and the factors that have led to Delaware's dominant position in attracting out of state firms. Is there an... Posted on November 19, 2009 at 12:43 pm by Larry Ribstein -
Nov 18
Buying the moon
There's water on the moon. Per the WSJ, "[w]ater's availability would . . . make further human exploration of the moon possible, since the water could be used to generate oxygen, as well as to make rocket fuel." But who owns it? This matters, because as lawyer Timothy Nelson told the WSJ blog: Of course, getting resources from the moon will take an enormous capital investment, and the trick in setting up a treaty will be to make it feasible to get private capital involved. If you don't do that;... Posted on November 18, 2009 at 01:27 pm by Larry Ribstein -
Nov 17
Meet the new law school: same as the old law school?
Here's the discussion so far. More in this vein from Erik Gerding: [T]he changing and increasingly ruthless economics of legal education will place faculty governance under incredible stress. Law schools that cannot react nimbly to changing economic circumstances have everything to lose. Consensus-based decision-making by faculties is already being challenged. At the same time, more hierarchical, corporate-type models for university governance do not sit well with professors. * * * Where does... Posted on November 17, 2009 at 04:44 am by Larry Ribstein
California Appellate Report
California Appellate Report
Thoughts on recent Ninth Circuit and California appellate cases. By University of San Diego School of Law Professor Shaun Martin.
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Nov 20
Reed v. Town of Gilbert, Arizona (9th Cir. - Nov. 20, 2009)
You know why, inter alia, my second- and first-grade children don't read the Federal Appellate Reporter? No pictures. But that's all changing. Check out page 15399 of the slip opinion by Judge McKeown. Yay! A picture! Sure, it's just a picture of a sign on some grass. But the case is about signs, after all. So that seems appropriate. Which also reminded me of that famous 1970s Canadian group, Five Man Electrical Band. Who look like this now (from their official web site). Their most famous hit,... Posted on November 20, 2009 at 01:15 pm -
Nov 19
Galleria Plus v. Hanmi Bank (Cal. Ct. App. - Nov. 19, 2009)
I appreciate that this opinion is only three (double-spaced) pages long. That's nice. I just wish I agreed with it. I understand where Justice Epstein's coming from. I really do. But I just don't agree. Were I on the Court of Appeal, I could write a dissent that would be even more concise than Justice Epstein's opinion. Here's what it'd say: "I respectfully dissent. Everyone admits that respondent (1) wrote a separate notice of motion and motion for sanctions, (2) served it on appellant, (3)... Posted on November 19, 2009 at 01:57 pm -
Nov 19
Perry v. Proposition 8 Official Proponents (9th Cir. - Nov. 19, 2009)Nov.
I teach it to my first-year students in civil procedure. But apparently the lesson hasn't filtered down to lawyers for the Liberty Counsel in Lynchburg, Virginia. So Judge McKeown has to spell it out for them. Here's the scoop: You can't intervene in a lawsuit if your only beef with an existing party is over litigation strategy. Especially when, as here, your strategic beefs are totally minor. (And, I might unnecessarily add, completely stupid. Yeah, maybe the Liberty Counsel wouldn't stipulate... Posted on November 19, 2009 at 01:32 pm
Truth on the Market
Truth on the Market
Academic commentary on law, business and economics. Thom Lambert, Geoffrey Manne, Keith Sharfman, William K. Sjostrom, Jr., and Joshua D. Wright.
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Nov 19
Watch CELS on the Web
If you cannot attend this year's excellent looking (program here) Conference on Empirical Legal Studies, which is at USC Friday and Saturday, you can watch the webcast of the panels here. This is a pretty nifty addition to the conference and one that I appreciate as I'll be missing it this year. Unfortunately, not much in the way of antitrust and competition policy this year but more generally CELS is quickly becoming one of the best conferences around for law and economics scholars interested... Posted on November 19, 2009 at 10:32 pm by Josh Wright -
Nov 18
A Decision-Theoretic Rule of Reason for Minimum Resale Price Maintenance
My latest working paper, which bears the same title as this post, is now available on SSRN. In the paper, I address the challenge created by the Supreme Court's 2007 Leegin decision, which abrogated the 96 year-old rule declaring resale price maintenance (RPM) to be per se illegal. The Leegin Court held that instances of RPM must instead be evaluated under antitrust's more lenient rule of reason. It also directed lower courts to craft a structured liability analysis for separating pro- from... Posted on November 18, 2009 at 03:21 pm by Thom Lambert -
Nov 17
New Federal Trade Commission Nominees Julie Brill and Edith Ramirez
The President has announced his intention to nominate two new Federal Trade Commissioners: Julie Brill and Edith Ramirez. Brill comes from a State AG background (Vermont and most recently North Carolina). Ramirez was a partner at Quinn Emanuel whose bio suggests significant experience in litigating intellectual property and other commercial contract disputes. Posted on November 17, 2009 at 06:18 am by Josh Wright
Wills, Trusts & Estates Prof...
Wills, Trusts & Estates Prof Blog
By Texas Tech University School of Law Professor Gerry W. Beyer.
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Nov 21
Top SSRN Downloads
Here are the top downloads from September 22, 2009 to November 21, 2009 from the SSRN Journal of Wills, Trusts, & Estates Law for all papers announced in the last 60 days. Rank Downloads Paper Title 1 258 2009 Federal... Posted on November 21, 2009 at 09:44 am by Trusts EstatesProf -
Nov 21
Winnie-the-Pooh Goes to Court
The estate of Stephen Slesinger is suing Disney, claiming that the company owes the estate hundreds of millions of dollars in concealed Winnie-the-Pooh royalties. Slesinger obtained the licensing rights to Winnie-the-Pooh in 1930, and the estate has unsuccessfully sued Disney... Posted on November 21, 2009 at 04:00 am by Trusts EstatesProf -
Nov 20
Right to a Jury Trial In Texas Probate Courts?
Tammy C. Manning (attorney, Houston) & Jason Cox (attorney, Houston) have published their article entitled Jury Trials in Probate Court: A Brief Overview, The Advocate, Fall 2009, at 24. The following is an excerpt from the article: The Texas Constitution... Posted on November 20, 2009 at 11:00 pm by Trusts EstatesProf
Slaw
Slaw
A cooperative Canadian weblog on all things legal. By Canadian law professors, lawyers, law students, and law librarians.
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Nov 20
Fore!
Notwithstanding the fine weather that many parts of the country are experiencing as November moves towards December, late November in Canada is usually a dark time for those of us with the golf bug. Into that dark, a little bit of legal light shines with the knowledge that a Happy Gilmore shot has been judicially defined. In 2008 NSSC 280 para. 7, the Happy Gilmore shot has been defined as, "…running from five to ten feet behind the ball and hitting it on the run." In finding that the Happy... Posted on November 20, 2009 at 11:02 am by Mark Lewis -
Nov 20
The Friday Fillip 2
As a counterpart to Simon's post below on applying modern technology to 16th century information, I thought I would offer Pranav Mistry's SixthSense Technology described as "a wearable gestural interface that augments the physical world around us with digital information and lets us use natural hand gestures to interact with that information." Doesn't sound like much? Watch the video of his explanations here from the TED Conferences page. I mean watch it now (a colleague just made me aware of... Posted on November 20, 2009 at 10:49 am by Ted Tjaden -
Nov 20
The Friday Fillip
One of the glories of the internet and the digital era is their ability to bring the past to us in a lively fashion. And the latest gift from the ages is the Shakespeare Quartos - the early, perhaps the earliest, published volumes of the Bard's plays. (A quarto is a book size, coming from the fact that the large page on which the text was printed got folded four times before binding. Wikipedia is good on the topic.) The British Library has teamed up with other institutions holding quartos to... Posted on November 20, 2009 at 09:00 am by Simon Fodden
Georgetown Law Podcasts
Georgetown Law Podcasts
Audio from discussions, lectures and panels at Georgetown Law School.
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Oct 7
Report Launch: Refugee Crisis in America: Iraqis and Their Resettlement Experience
Welcome Rachel Taylor, Interim Director, Human Rights Institute, Georgetown University Law Center Remarks on Refugee Resettlement Larry Yungk, Senior Resettlement Officer, United Nations High Commissioner for Refugees Report Presentation Georgetown Law Students Luke Polcyn, Soraya Fata, Dania Ayoudi, Raha Wala, Gabriel Pacyniak, Ian Kysel "Refugee Crisis in America: Iraqis and Their Resettlement Experience" is the culmination of months of research by a team of Georgetown Law students. The... Posted on October 7, 2009 at 06:45 am -
Jun 3
Supreme Court Institute Panel Discussion on President Obamas Nominee to the U.S. Supreme Court and the Confirmation Process
Panelists Joan Biskupic (L'93), Supreme Court correspondent, USA Today, and author of the forthcoming American Original: The Life and Constitution of Supreme Court Justice Antonin Scalia and of Sandra Day O'Connor: How the First Woman on the Supreme Court Became Its Most Influential Justice Susan Low Bloch, Professor, Georgetown University Law Center Roy Englert, a partner at Robbins, Russell, Englert, Orseck, Untereiner and Sauber, who served in the Office of the Solicitor General and has... Posted on June 3, 2009 at 10:30 am -
May 20
Conference on the State of the Judiciary - Striking the Balance: Fair and Independent Courts in a New Era
Please click the name of each segment to view the corresponding webcast. Welcome (linked above) 9:00 - 9:15 a.m. T. Alexander Aleinikoff, Dean, Georgetown University Law Center Walter Isaacson, CEO, The Aspen Institute Sandra Day O'Connor, Associate Justice, Retired, United States Supreme Court Opening Remarks 9:15 - 9:35 a.m. Elena Kagan, Solicitor General of the United States Panel I 9:35 - 10:35 a.m. "The New Administration and the Courts" Introductory Remarks: Stephen Breyer, Associate... Posted on May 20, 2009 at 07:00 am
Higher Ed Law Prof Blog
Higher Ed Law Prof Blog
By Professors James Ottavio Castagnera and Patrick J. Cihon.
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May 9
About This Blog
The Law Professors Blogs Network is looking for faculty to launch an education law blog. If you would like more information about what this entails, please email Paul Caron at paul.caron@uc.edu Posted on May 9, 2008 at 03:55 am by Joe Hodnicki -
May 8
Event: SHRM Garden State Council Annual Expo - A call for papers
Dear Jim, Set your compass to join us on November 3rd and 4th for the Garden State Council-SHRM 17th Annual Conference and Exposition at the Ocean Place Resort & Spa in Long Branch, NJ. Our theme this year is: "HR:... Posted on May 8, 2008 at 08:55 am by Higher Education -
May 8
Law: Affirmative action foe dealt series of setbacks
It has been a rough week for Timothy P. Asher, executive director of a campaign to get Missouri voters to ban the use of affirmative-action preferences by public colleges and other state and local agencies. On Sunday, Mr. Asher's campaign... Posted on May 8, 2008 at 05:22 am by Higher Education
TaxProf Blog
TaxProf Blog
By University of Cincinnati Law Professor Paul L. Caron and Ron Jones.
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Nov 22
TaxProf Blog Weekend Roundup
Saturday: Tax Notes to WaPo: "We Are Not an 'Obscure' Journal" Madoff: Estate Tax Reform to Protect Family Farms and Business ($10m Exemption), Not Wealthy Heirs ($1-2m Exemption) IRS Issues Rules Implementing 5-Year NOL Carryback Federal Judicial Clerkship Applications Up 66% Closing the Tax Gap: Encouraging Voluntary Compliance Through Mass-Media... Posted on November 22, 2009 at 09:39 pm by Paul Caron -
Nov 22
Can Government Extend Statute of Limitation in Tax Shelter Cases Because of Iraq and Afghanistan Wars?
Jack Townsend asks: Is the Criminal Statute of Limitations Suspended Under the Wartime Suspension Act?: There are rumors that the government in a tax shelter case is seeking to suspend the criminal statute of limitations under the "wartime suspension act", 18 U.S.C. § 3287. ... The concern, of course, is... Posted on November 22, 2009 at 09:00 am by Paul Caron -
Nov 22
Top 5 Tax Paper Downloads
This week's list of the Top 5 Recent Tax Paper Downloads is the same as last week's list. The #1 paper is now the #30 tax paper in all-time downloads out of 6167 tax papers: 1. [1209 Downloads] To Roth or Not to Roth: Analyzing the Conversion Opportunity for 2010... Posted on November 22, 2009 at 08:12 am by Paul Caron
Lewis & Clark Law School...
Lewis & Clark Law School Podcast
Lewis & Clark Law School Podcast of events and speakers.
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Nov 18
Strategies for an Out-of-State Job Search
Career Services Speaker Series Strategies for an Out-of-State Job Search November 11, 2009 Career Services | email Career Services Are you planning to look for a law clerk or attorney position outside of Oregon? If so, there are some resources and strategies you need to know about. In this podcast, Associate Dean for Career Services Libby Davis discusses issues to anticipate with an out of state job search; resources for locating or researching out of state jobs; methods for approaching out of... Posted on November 18, 2009 at 01:25 pm by almaraz -
Nov 17
Alternative Careers Panel #2
Career Services Speaker Series Alternative Careers Panel #2 November 10, 2009 Career Services | email Career Services Are you interested in using your law degree in an alternative career? Come here from three L&C Law Alums who have successfully pursued non-law practice careers. Guest Speakers: Brendan McCarthy '95, former legislative counsel/current government affairs counsel for Portland General Electric Catherine Ciarlo '94, former non-profit executive director/current transportation... Posted on November 17, 2009 at 06:02 pm by almaraz -
Nov 17
Indigenous Issues Farmworkers Panel
Student Group Speaker Series Indigenous Issues Farmworkers Panel November 10, 2009 Student Life | Pesticide Panel This podcast is the second of a five panel series on farmworker law jointly sponsored by the Latino Law Society, Environmental Justice Advocates, and the National Lawyers Guild. The panel will feature Santiago Ventura Morales from the Oregon Law Center and Janice Morgan, Director of the Farmworker Program at Legal Aid Services of Oregon. The panel will discuss the unique legal,... Posted on November 17, 2009 at 05:52 pm by almaraz
Law at the End of the Day
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 Catá Backer.
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Nov 9
Escape Velocity From the Orbit of the State: Is Governance Without Government/Government Without the State Possible?
Set out below are some preliminary thought on the question posed by the title of this essay--is it possible to reach escape velocity from the orbit of the state, and state-law systems? In other words, is it possible to conceive of governance without government, or better put, government without the state? While there appear to be no clear answers to me (for those with different or more elaborate views I welcome comments), I explore the possibility of such a state of "statelessness" in the... Posted on November 9, 2009 at 11:36 pm by Larry Catá Backer -
Nov 7
Disciplining Education
It has long been true that the control of educational institutions have been a principal site for the control of social, cultural and political norms within a society. Everyone, from John Dewey to Fidel Castro and John Paul II, has understood that education is less about the production and dissemination of knowledge than it is about the production of citizens fully (to the extent possible) assimilated to whatever objective is required of its "pupils." Even the disembodied "education" elaborated... Posted on November 7, 2009 at 06:45 pm by Larry Catá Backer -
Nov 5
Who Owns the Name of God? The Malaysian Government Knows!
Who Owns the Name of God? One would at first suspect that the answer is that the Divine Presence owns its own name, or at least all of the variations through which humans attempt to provide a means of communicating about the Divine Presence (or speaking of it with reference to the religious traditions of others). But over the course of the last several centuries, humans have sought to categorize and narrow the attribution of the Divine name so that different variations correspond to the same... Posted on November 5, 2009 at 12:25 am by Larry Catá Backer
Unincorporated Business Law Prof...
Unincorporated Business Law Prof Blog
Official blog of the AALS Section on Agency, Partnership, LLCs, and Unincorporated Business Associations. By University of Tulsa Professor Gregory M. Duhl.
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Aug 11
Unincorporated Business Moving!
The Law Professor Blogs Network has ceased publication of this blog. See Gary Rosin's new blog, Unincorporated Business Entities Law. Posted on August 11, 2009 at 12:48 am by Unincorp LawBlogger -
Jul 10
Deductibility of LLC Tax Losses. Garnett v. Commissioner (Tax Ct. 2009)
Over on Tax Prof, Paul Caron notes the recent opinion in Garnett v. Commissioner, 132 T.C. No. 19 (June 30, 2009), that allows LLC members to apply its losses to offset other income. posted by Gary Rosin Posted on July 10, 2009 at 11:30 am by Unincorp LawBlogger -
Jul 9
Incorporation Transparency and Law Enforcement Assistance Act (S. 569.IS)
Who owns America? American business entities? That's what Senator Carl Levin (MI) wants to know. In 2008, Senator Levin (and co-sponsors, including then Senator Obama) introduced the Incorporation Transparency and Law Enforcement Act (S. 2956). Earlier this year, Senator Levin... Posted on July 9, 2009 at 03:20 pm by Unincorp LawBlogger
Legal Ethics Forum
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..
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Nov 19
NY news that you'd expect to hear coming out of Baltimore or Chicago
According to Point of Law, "The ethics counsel to the New York state senate told senators to hand-deliver ethics filings, rather than mailing them, to avoid coverage under the federal mail fraud statute." (Hmm, what's the 1.2(d) analysis on that?) Posted on November 19, 2009 at 09:55 am by John Steele -
Nov 19
ABA's "Ethics 20/20 Commission" announces Preliminary Issues Outline, seeks feedback.
Outline here. Commission website here. Get your comments in by December 31, 2009. The three top-level issues in the preliminary list are: Issues that arise because US lawyers are regulated by [US] states but work increasingly across state and international borders. Issues that arise in light of current and future advances in technology that enhance virtual cross-border access. Particular ethical issues raised by changing technology. Posted on November 19, 2009 at 09:50 am by John Steele -
Nov 19
Update on file filching deputy: Judge gives deputy a chance to apologize, avoid jail
The court's order is here. But, according to this story, no apology may be forthcoming. Posted on November 19, 2009 at 09:09 am by John Steele
IntLawGrrls
IntLawGrrls
Features voices on international law, policy and practice.
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Nov 20
U.S. Address to the ICC Assembly
(Today IntLawGrrls reproduces in full the speech that Stephen J. Rapp, U.S. Ambassador at Large for War Crimes Issues, gave Thursday to the Assembly of States Parties of the International Criminal Court, meeting now at The Hague. We've added hypertexts to enhance thinking about these remarks, which, as posted represent a new U.S. engagement with the ICC. Our thanks to the U.S. State Department for furnishing the text.) It is a pleasure to address you on behalf of the US Delegation, which for... Posted on November 20, 2009 at 09:01 pm -
Nov 20
On November 21
On this day in ... ... 1979 (30 years ago today), in Islamabad, a "five-hour siege" that "began as an organised student protest" turned into a mob attack that resulted in the death of one Marine at the U.S. embassy in Pakistan, which was burned to the ground. The BBC attributed the attack to a radio broadcast in which Iran's Ayatollah Khomeini contended that "Americans were behind the occupation of Islam's holiest site, the Great Mosque in Mecca, Saudi Arabia" -- a broadcast that the U.S. State... Posted on November 20, 2009 at 09:00 pm -
Nov 20
Beyond the IDP Camps
The International Committee of the Red Cross has just released an unusually critical report on internal displacement in armed conflict. The report challenges the excessive labeling of forced migrants, a phenomenon that this author attributes to the legalization of humanitarian emergencies, and questions the international community's focus on camps as the locus of humanitarian aid to victims of forced displacement in armed conflict. In 2008, there were 26 million internally displaced, many of... Posted on November 20, 2009 at 03:00 am
Media Law Prof Blog
Media Law Prof Blog
By Louisiana State University Law Professor Christine A. Corcos.
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Nov 20
High School Band T-Shirts Out Of Tune With Administration, Some Parents' Message
From the Sedalia Democrat: The Smith-Cotton High School band had to abandon new t-shirts that showed a monkey evolving into a man--you've undoubtedly seen that image. The difference here was that the various iterations of the figures each carried a... Posted on November 20, 2009 at 01:08 pm by Media Law Prof -
Nov 20
West Virginia Supreme Court: Judge's Personal Emails Not Subject To Disclosure Under State FOIA
The West Virginia Supreme Court has held that a judge's personal emails that are not otherwise related to his or her official duties are not subject to the state's Freedom of Information Act. The Associated Press had requested disclosure under... Posted on November 20, 2009 at 10:13 am by Media Law Prof -
Nov 20
An Analysis Of the Danish Cartoon Controversy
Robert A. Kahn, University of St. Thomas School of Law (Minnesota) has published "Flemming Rose, the Danish Cartoon Controversy, and the New European Freedom of Speech," as U. of St. Thomas Legal Studies Research Paper No. 09-24. Here is the... Posted on November 20, 2009 at 07:34 am by Media Law Prof
The Legal Satyricon
The Legal Satyricon
Occasionally irreverent thoughts on the law. By Professor Marc J. Randazza.
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Nov 19
Porn is “inescapable”
Monica Hesse, a writer for the Washington Post, seems to have a porn paranoia issue. Her article "Publicly, a whole new lewdness" has a decidedly Comstockian bent to it. But, the subtitle is even more hilarious: "Everywhere you look, porn is suddenly inescapable." People like Hesse are proof that evolution has [...] Posted on November 19, 2009 at 09:41 pm by marcorandazza -
Nov 19
The Weblog Awards
Whatever. I mean, yeah, it would be sweet as hell to win. I'm not holding my breath though. Nevertheless, if you want to go vote for us, click here and vote up the generous nomination that Mr. King provided. Posted in misc Posted on November 19, 2009 at 07:22 pm by marcorandazza -
Nov 19
Scott Greenfield – The Conscience of the Bar
Between his criticism of scaring clients and the difference between "anyone can blog" and "everyone can blog", I think that Scott just might have a higher calling than his practice. I know I might sound like I am being a smartass. I am not (this time). If Scotty were in charge, this [...] Posted on November 19, 2009 at 07:16 pm by marcorandazza
Juries
Juries
Examines interesting and new developments regarding grand juries and trial juries. By Thaddeus Hoffmeister.
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Dec 18
Juries Has a New Web Address (www.juries.typepad.com)
As of yesterday, Juries has moved to: www.juries.typepad.com or just click the link to Juries Posted on December 18, 2008 at 03:08 pm by Thaddeus Hoffmeister -
Dec 16
Community Service or Jury Duty
This is the issue being appealed by the Missouri Public Defender's Office in State v. Ryan Ferguson. Apparently, the trial court in Ferguson, pursuant to local court rules, allowed 13 of the possible 848 potential jurors in the case to opt out of jury service by paying $50 and performing community service. The local public defender is challenging this policy arguing that it violates the defendant's 6th Amendment right to a jury made up of a cross-section of the public. Arguably, this policy... Posted on December 16, 2008 at 08:05 pm by Thaddeus Hoffmeister -
Dec 15
Jury Related Stories from the Brian Nichols Murder Trial
Fulton County District Attorney Paul Howard wants the law changed to allow 10-2 verdicts in death penalty cases. Legislature Urged to Revamp Death Penalty LawDistrict Attorney Paul Howard called for the state Legislature Saturday to change Georgia's death-penalty law requiring a unanimous jury decision for a defendant to be sent to Death Row. By a 9-3 hung jury decision on Friday, Howard lost a lengthy and costly effort to have Brian Nichols sentenced to death for the March 11, 2005 Fulton... Posted on December 15, 2008 at 06:32 am by Thaddeus Hoffmeister
CrimProf Blog
CrimProf Blog
Criminal law issues and commentary. Edited by University of Cincinnati Professor College of Law Mark A. Godsey and Michele Berry.
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Nov 22
Top-Ten Recent SSRN Downloads
are here. The usual disclaimers apply. Rank Downloads Paper Title 1 285 The Emerging Criminal War on Sex Offenders Corey Rayburn Yung, The John Marshall Law School, Date posted to database: August 18, 2009 2 237 The Torture Lawyers Jens... Posted on November 22, 2009 at 03:02 am by CrimProf BlogEditor -
Nov 21
"Torture and Accountability"
David Cole (Georgetown) has this post at ACSBlog discussing arguments from his book, "The Torture Memos." My introductory commentary to the book dissects the lawyers' arguments to show what was so wrong with the job the lawyers did. This was... Posted on November 21, 2009 at 05:26 pm by CrimProf BlogEditor -
Nov 21
"Does Bringing A Terrorist Suspect From Gitmo to New York Confer Any More Legal Rights?"
Orin Kerr has the post at The Volokh Conspiracy here. Posted on November 21, 2009 at 05:14 pm by CrimProf BlogEditor
Leiter Reports: A Group Blog
Leiter Reports: A Group Blog
Covers academic freedom, authoritarianism and fascism, intelligent design and more. By University of Texas Professor Brian R. Leiter and others.
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Nov 20
Rutgers Raids the ANU: Schaffer, Schellenberg to New Brunswick in 2011
Jonathan Schaffer (metaphysics, epistemology, philosophy of language) and Susanna Schellenberg (philosophy of mind, epistemology), both at the Australian National University, have accepted tenured offers as, respectively, professor and associate professor at Rutgers University at New Brunswick, to start in 2011... Posted on November 20, 2009 at 09:43 am by Brian Leiter -
Nov 19
APA Adopts New Policy on Religious Institutions that Discriminate Against Gay Men and Women
Alastair Norcross (Colorado) reports that the National Board of the American Philosophical Association has now taken action on an initiative that began with a letter from Charles Hermes (UT Arlington) (posted here last February) and then a petition he crafted... Posted on November 19, 2009 at 11:57 am by Brian Leiter -
Nov 19
Speaking of American fascists...
...as we and others have been doing, other worrisome signs continue to appear. Posted on November 19, 2009 at 11:32 am by Brian Leiter
Legal Profession Blog
Legal Profession Blog
By Professors S. Alan Childress, Michael S. Frisch and Jeffrey M. Lipshaw.
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Nov 21
Fieger In Arizona
Geoffrey Fieger was admitted on examination in Arizona in 1980. He also is admitted in Michigan (where he principally practices) and Florida. He was administratively suspended in 1993 for failure to complete Arizona CLE obligations. There are no such requirements... Posted on November 21, 2009 at 05:42 am by Legal Profession -
Nov 21
Bait-And-Switch Tactics Merit Suspension
The Illinois Review Board has recommended a five-month suspension in a matter involving an attorney who handled real estate closings. The attorney had failed to disclose his financial interests in survey and title companies used in the transactions. He had... Posted on November 21, 2009 at 05:05 am by Legal Profession -
Nov 20
Fairness Not An Unconstitutional Burden
The Alaska Supreme Court has held that a suit against a law firm based on allegations of improper activities in pursuing debt-collection litigation on behalf of a client should not have been dismissed: Robin Pepper sued an Anchorage debt collection... Posted on November 20, 2009 at 02:38 pm by Legal Profession
Civil Procedure Prof Blog
Civil Procedure Prof Blog
By Professors W. Jeremy Counseller and Rory Ryan.
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Nov 21
O'Hara & Ribstein on Conflict of Laws and Choice of Law
Professor Erin A. O'Hara (Vanderbilt University School of Law; Gruter Institute for Law and Behavioral Research) and Professor Larry E. Ribstein (University of Illinois College of Law) have posted "Conflict of Law and Choice of Law" on SSRN as part... Posted on November 21, 2009 at 04:00 am by CivPro Blogger -
Nov 20
Seinfeld on Article III and the Limits of Enumeration
Professor Gil Seinfeld (Michigan) has posted on SSRN his article, Article I, Article III, and the Limits of Enumeration, which will be published in the Michigan Law Review. Here's the abstract: Article I, § 8 and Article III, § 2... Posted on November 20, 2009 at 06:38 pm by CivPro Blogger -
Nov 19
Michelman on standing to sue over government surveillance
Scott Michelman (American Civil Liberties Union) has posted Who Can Sue Over Government Surveillanc to SSRN. Abstract: The nature and scope of new government electronic surveillance programs in the aftermath of September 11 have presented acute constitutional questions about executive... Posted on November 19, 2009 at 07:10 am by CivPro Blogger
ContractsProf Blog
ContractsProf Blog
By Texas Wesleyan University Law Professor Franklin G. Snyder and University of Minnesota Law Professor Carol L. Chomsky.
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Nov 20
NY Court Dismisses Law Student’s Attempt to Challenge Legal Writing Grade, Finding No Implied Contract
Over at Adjunct Prof Blog, Mitchell H. Rubinstein reports on Keefe v. New York Law School, ___Misc. 3d___(N.Y. Co. Nov. 17, 2009), which dismissed a student's claim that New York Law School breached an implied contract by giving him a... Posted on November 20, 2009 at 12:58 pm by lpbncontracts -
Nov 20
Jon & Kate -- But Wait!! It's a Different Kate!
It is very hard to keep up with all the law suits swirling around the celebrated parents, Jon, at left, & Kate. And it's probably not worth trying to do so, but an image of a handwritten contract is simply... Posted on November 20, 2009 at 07:58 am by lpbncontracts -
Nov 18
Weekly Top Ten
TOP 10 Papers for Journal of Contracts & Commercial Law September 19, 2009 to November 18, 2009 Rank Downloads Paper Title 1 485 Foreclosure, Subprime Mortgage Lending, and the Mortgage Electronic Registration System Christopher Lewis Peterson, University of Utah -... Posted on November 18, 2009 at 08:12 am by lpbncontracts
EvidenceProf Blog
EvidenceProf Blog
By Professor Colin Miller.
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Nov 22
Summary Judgement: First Circuit Finds Summary Evidence Summarizing Testimony Admissible Under Rule 1006 In Tax Appeal
Federal Rule of Evidence 1006 provides that The contents of voluminous writings, recordings, or photographs which cannot conveniently be examined in court may be presented in the form of a chart, summary, or calculation. The originals, or duplicates, shall be... Posted on November 22, 2009 at 10:59 am by Evidence ProfBlogger -
Nov 21
Double Impact: Article Reveals That Indiana Precludes Victim Impact Statements In Cases Where The Death Penalty Or Life Without Parole Could Be Imposed
I have written several posts on this blog about the ever controversial topic of victim impact statements (previous posts can be found here, here, here, here, here, here, and here). Those posts have dealt with topics such as the type... Posted on November 21, 2009 at 05:58 am by Evidence ProfBlogger -
Nov 20
Judge Advocate?: Court Of Appeals Of Ohio Finds Judge Didn't Abuse Discretion By Asking 89 Questions To Witness In Domestic Violence Trial
Federal Rule of Evidence 614(b) provides that "[t]he court may interrogate witnesses, whether called by itself or by a party." Similarly, Ohio Rule of Evidence 614(B) provides that "[t]he court may interrogate witnesses, in an impartial manner, whether called by... Posted on November 20, 2009 at 07:39 am by Evidence ProfBlogger
Workplace Prof Blog
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.
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Nov 20
Work Email: "I Always Feel Like ... Somebody's Watching Me"
No, this post is not about the singer Rockwell or that annoying Geico commercial, but about whether you should just assume that your boss monitors your email. A new Wall Street Journal article suggests that is what exactly may be... Posted on November 20, 2009 at 06:50 am by laborprof lpb -
Nov 20
11th Cir. Miserly Construction of Title VII
No more jumps out of the page and slaps you in the face, but the Eleventh Circuit still does not think that a worker often called 'boy' established a racially hostile environment. In Alexander v. Opelika Pub. Schs., No. 08-11014... Posted on November 20, 2009 at 06:39 am by laborprof lpb -
Nov 19
Drummonds on Reforming Labor Law by Reforming Labor Law Preemption Doctrine
Henry Drummonds (Lewis & Clark) has provided me with a draft of his recent article in the Louisiana Law Review: Reforming Labor Law by Reforming Labor Law Preemption Doctrine to Allow the States to Make More Labor Relations Policy. From... Posted on November 19, 2009 at 01:04 pm by laborprof lpb
ProfessorBainbridge.com
ProfessorBainbridge.com
Commentary on law, business, economics and culture. By UCLA School of Law Professor Stephen Bainbridge.
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Nov 19
The UCLA Tuition "Riot"
This email is making the rounds of the blogosphere, creating the impression that there's a major riot here at UCLA protesting tuition hikes: In the first place, reliable counts say that there's only about 200 students at the protest--out of an enrollment of almost 40,000. 0.5% is not exactly the March on Washington. In the second place, what realistic alternatives would the protesters prefer? The University is going through a rough patch, but the problem has been building for a long time. The... Posted on November 19, 2009 at 01:18 pm by Steve Bainbridge -
Nov 19
Subramanian Replies re Delaware 203 Constitutionality
Harvard law prof Guhan Subramanian objects by email to my analysis of his article on the constitutionality of DGCL section 203 (the business combination statute): Thanks for your thoughtful posting on our Section 203 article. I think your conclusion that "it is highly probable" that courts would uphold 203 and "I believe courts today would follow Amanda Acquisition rather than BNS" proves our point that the constitutionality of Section 203 is not well-settled law. Like Professor Ribstein (see... Posted on November 19, 2009 at 01:22 am by Steve Bainbridge -
Nov 17
The Frakking Cowboys?
Poll: What is the most popular NFL team among the league's players? The same one that's the most popular among its fans: the Dallas Cowboys. The Cowboys came out on top in a Sports Illustrated poll asking players which team they would most like to play for. The poll of 296 players conducted in September did not allow them to vote for their own teams. ... A Harris poll released in October revealed the Cowboys were the fans' most popular team for the third consecutive year. This is really quite... Posted on November 17, 2009 at 06:42 pm by Steve Bainbridge
BankruptcyProf Blog
BankruptcyProf Blog
By Professor M. Jonathan Hayes.
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Nov 18
Financial Lawyers Conference Program with Ken Klee - December 10, 2009
(If it says Ken Klee, It's worth posting and is highly recommended) Financial Lawyers Conference FOR MORE INFORMATION: www.financiallawyers.org "Current Topics in Bankruptcy Litigation: Five Causes of Action, A Theory of Damages, and a Defense" Thursday, December 10, 2009 Ken... Posted on November 18, 2009 at 09:48 am by Bankruptcy Prof -
Nov 16
9th Circuit BAP Adds to Debate on Above-Median Chapter 13 Plans, How to Compute Projected Disposable Income
American Express Bank v. Smith (In re Smith), ---- B.R. ----, 2009 WL -------- (9th Cir. BAP Oct, 2009) Issue: When computing the chapter 13 plan payment, can an above-median chapter 13 debtor deduct payments to secured creditors for property... Posted on November 16, 2009 at 09:42 am by Bankruptcy Prof -
Nov 15
Ninth Circuit Annual Report 2008
This was completed in August, 2009. I'm a little late in posting it but its kind of a fun read. There is a little article on page 31 about Dennis Montali and one on Judge Richard Medick who died in... Posted on November 15, 2009 at 10:34 am by Bankruptcy Prof
Business Law Prof Blog
Business Law Prof Blog
Covers all aspects of business law. By Ohio State University Law Professor Dale Oesterle and Jason R. Job.
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Aug 30
About Business Law Prof Blog
If you are interested in serving as an editor of Business Law Prof Blog for the Law Professor Blogs Network, please contact Paul Caron and Joe Hodnicki by email. Posted on August 30, 2009 at 10:53 am by Joe Hodnicki -
Aug 25
Bernanke Back
Economists' rejoice, Bernanke will be back. My main complaint with Bernanke, among many, is that he preached transparency for the Fed as an academic and now blocks transparency as the Chair -- all in the public's interest of course. In... Posted on August 25, 2009 at 07:13 am by Joe Business -
Aug 24
Securities Market Structure Redux
Flash trading, dark pools, lawsuits over proprietary trading code, whopping payouts to computer greeks that create trading programs, and other news have led Senator Kaufman to call for a "broad SEC market study." Great, The SEC does not need more... Posted on August 24, 2009 at 05:58 am by Joe Business
Marcel Leonardi - Direito e...
Marcel Leonardi - Direito e Internet
Covers cyberlaw issues in Brazil. By Professor Marcel Leonardi.
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Jul 19
Artigo “Comments to OECD on Information Intermediaries”
Em razão de minhas pesquisas de pós-doutorado vinculadas à UC Berkeley School of Law e à Electronic Frontier Foundation, passei a fazer parte do Expert Group on Internet Intermediaries of the Civil Society Information Society Advisory Council (CSISAC), vinculado à Organização para a Cooperação e Desenvolvimento Econômico (OCDE). Em 4 de julho de 2009, o CSISAC publicou o artigo Comments to OECD on Information Intermediaries, do qual participei como co-autor. Esse artigo foi submetido Ã... Posted on July 19, 2009 at 07:00 pm by Marcel Leonardi -
Jul 17
President Lula and the Brazilian Cybercrime Bill
Reproduzo, abaixo, o texto "President Lula and the Brazilian Cybercrime Bill", de minha autoria, originalmente publicado no blog Deeplinks. O blog é mantido pela Electronic Frontier Foundation, instituição não-governamental dedicada à defesa de direitos digitais nos Estados Unidos, responsável por parte de minhas pesquisas como participante do programa Google Policy Fellowship. President Lula and the Brazilian Cybercrime Bill Commentary by Marcel Leonardi Brazilian President Luiz Inacio Da... Posted on July 17, 2009 at 07:00 pm by Marcel Leonardi -
Jul 15
Matéria Folha de São Paulo: Pelados 2.0
Reproduzo, abaixo, matéria originalmente publicada em 15 de julho de 2009 no jornal Folha de São Paulo, intitulada "Pelados 2.0″, para a qual fui entrevistado. Pelados 2.0 Fotos e vÃ귞os caseiros de momentos íntimos caem na internet e surpreendem vítimas desavisadas DANIELA ARRAIS DA REPORTAGEM LOCAL Tudo era uma brincadeira ou um registro de momentos que diziam respeito, apenas, a duas pessoas. De repente, você acessa a internet, checa seu e-mail ou perfil em redes sociais e se depara... Posted on July 15, 2009 at 07:00 pm by Marcel Leonardi
Reproductive Rights Prof Blog
Reproductive Rights Prof Blog
Covers abortion, contraception, pregnancy and fetal rights. By CUNY School of Law Professor Caitlin E. Borgmann.
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Nov 21
Jennifer Hendricks on a Feminist Theory of Reproductive Freedom
Jennifer S. Hendricks (University of Tennessee College of Law) has posted Pregnancy, Equality, and U.S. Constitutional Law on SSRN. Here is the abstract: This chapter will be part of a collection on international feminist constitutionalism, forthcoming from Cambridge University Press.... Posted on November 21, 2009 at 01:04 pm by Reproductive Rights -
Nov 20
Univ. of Nebraska Regents Consider Resolution to Limit Stem Cell Research to Cell Lines Approved by Pres. G.W. Bush
Omaha World-Herald: Right Now: Stem cell meeting, by Jeffrey Robb: LINCOLN -- Omaha.com is providing live online updates as the University of Nebraska regents' decide whether to restrict embryonic stem cell research. Four regents are co-sponsoring a resolution to restrict... Posted on November 20, 2009 at 10:45 am by Reproductive Rights -
Nov 20
Pew Survey Shows Abortion Plays Minor Role in Driving Opposition to Health Care Reform
The Pew Forum on Religion & Public Life: Abortion Plays Small Role in Health Reform Opposition: While most Americans oppose government funding of abortion, a new Pew Research Center survey finds that concern about abortion funding plays only a small... Posted on November 20, 2009 at 10:41 am by Reproductive Rights
Michael Geist's Blog
Michael Geist's Blog
Covers technology and DRM. By Michael Geist.
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Nov 20
NDP, Billy Bragg Make Case For Legalized Downloading
The NDP's Charlie Angus and musician Billy Bragg held a press conference in Ottawa this morning to argue against criminalizing music downloading, instead supporting mechanisms to fully legalize the activity. Posted on November 20, 2009 at 01:44 am by Michael Geist -
Nov 20
OECD Confirms Canada Among Lowest Sources Of Counterfeiting
The OECD has released new data on its global counterfeiting estimates, concluding that the share of counterfeit and pirated goods in world trade is estimated to have increased from 1.85% in 2000 to 1.95% in 2007. That represents an increase to $250 billion worldwide. That is obviously a big number, but notably far lower than the claims from ACTA supporters. Copyright lobby groups have long claimed - without empirical support - that counterfeiting and piracy represents 5 - 7% of global trade.... Posted on November 20, 2009 at 01:33 am by Michael Geist -
Nov 20
MPAA on ACTA
"Outcries on the lack of transparency in the ACTA negotiations are a distraction." Posted on November 20, 2009 at 12:12 am by Michael Geist
Conflict of Laws .net
Conflict of Laws .net
Covers news and discussion on the conflict of laws in private international law cases. Editor is Martin George of the University of Birmingham. Published in association with the Journal Of Private International Law.
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Nov 22
French Conference on Parallel Litigation
The Master of arbitration and international commercial law of the university of Versailles Saint-Quentin will organize a conference on Thursday November 26th on parallel litigation. There will be two speakers, who will speak in French. First, Gilberto Boutin, from the university of Panama, will present recent developments in the doctrines of forum non conveniens and lis pendens in South America. Then, Gilles Cuniberti, from the university of Luxembourg, will discuss parallel proceedings between... Posted on November 22, 2009 at 05:19 am by Marta Requejo -
Nov 19
The written observations submitted in the Gambazzi case
Many thanks to Prof. Koji Takahashi for sending the following text and the files with the written observations submitted in the Gambazzi case. The written observations submitted to the European Court of Justice are normally unpublished. Earlier this year, I obtained the observations submitted in Case C-394/07 Gambazzi by the United Kingdom, the Republic of Italy and the Commission of the European Communities as well as the French translation of the observation of Italy supplied by the Court of... Posted on November 19, 2009 at 09:52 am by Marta Requejo -
Nov 18
Anti-suit Injunction Issued By US Court
The United States Court of Appeals for the Ninth Circuit recently decided the case of Applied Medical v. The Surgical Company (available here), which raised the issue whether a district court abused its discretion in denying an anti-suit injunction. In short form, the facts were that two companies entered into a purchasing relationship that was subject to a written agreement that included a choice of law and choice of forum clause. That clause read as follows: "This Agreement shall be governed... Posted on November 18, 2009 at 05:57 pm by Trey Childress
Mass Tort Litigation Blog
Mass Tort Litigation Blog
By Professors Byron Stier and Howard Erichson.
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Nov 18
So What Should the Law Do About Jury Variability?
In my previous post pointing readers to Tim Lytton's thought provoking post on TortsProfBlog, I neglected to mention our own Byron Stier's work on the same issue. Interested readers might look to his piece, Jackpot Justice available on SSRN. Here... Posted on November 18, 2009 at 02:19 pm by Joe Tort -
Nov 17
On the So-Called "Litigation Lottery" in Torts
Tim Lytton has a very interesting post up on Torts Prof Blog about the tort system and the accusations of a litigation lottery. Here is the link. I am very interested in Lytton's critique. I think he is right that... Posted on November 17, 2009 at 06:00 am by Joe Tort -
Nov 16
Around the Web
Dan Levine, Pair of Plaintiffs Lawyers May Face Different Fates in 9th Circuit Disciplinary Action, The Recorder (discussing disciplinary action in Nicaraguan pesticides case). Francis E. McGovern (Duke), The Second Generation of Dispute System Design: Reoccurring Problems and Potential Solutions,... Posted on November 16, 2009 at 09:46 pm by Joe Tort
Underbelly: A Journal of Soft...
Underbelly: A Journal of Soft Information
By Professor Jack Ayer.
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Nov 22
The Sarah Wars: Amazon
Monkey Cage points out that the Amazon reviews of Going Rogue are pretty much either five star or one star. So far so good, although the next question would be: how many of either side have actually read it? Posted on November 22, 2009 at 07:01 pm -
Nov 22
The One-Termers
Gary Wills suggests that Barack Obama settle for a one-term presidency and make it something to be proud of *--i.e., by ending a couple of nasty and persistent wars. He set me to thinking about other one-term presidencies. I can't find a strong pattern here. There several--Carter, Hoover--who seem to have been just not very good at the job. I can think of at least one--Buchanan--who was really awful. And at least one--Coolidge--who simply didn't want it all that much. But perhaps the closest... Posted on November 22, 2009 at 09:47 am -
Nov 22
Whatever It Takes...
From the NYT Sunday morning story about Norm Radow the Workout Guy who steps in to make what he can out of failed real estate projects: In 2003, Lehman sent him to Boston to rescue a failed condo tower. ... Ceilings in the tower were seven and a half feet high, about a foot and a half less than typically found in luxury condos. "He tried to squeeze an extra floor into the building," Mr. Radow says of the project's developer ... To help solve the height problem, Mr. Radow hired only sales people... Posted on November 22, 2009 at 09:02 am
the 13th juror
the 13th juror
Offers comments on social justice issues, news and court decisions. By Florida A&M College of Law Professor Jacqueline Dowd.
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Nov 21
Church sells Tiffany window to help the homeless
The stained glass window depicts St. John the Divine and was created by the Tiffany Studios. It was installed in the church in 1896. Proceeds from the sale of a Tiffany stained glass window will be used to repair a church's leaking roof so it can continue to host a winter shelter for people who need a place to sleep and a warm meal. Members of First Baptist Church in Brattleboro, Vermont, voted by a 4-to-1 margin to sell the historic stained glass window. While the decision was heartbreaking... Posted on November 21, 2009 at 01:44 pm by Jacqueline Dowd -
Nov 15
But how do I tweet without my cellphone?
A federal judge has banned tweeting in his courtroom, ruling that it violates Federal Rule of Criminal Procedure 53.* When I go to the federal courthouse in Orlando, I have to leave my cellphone in the car (unless I've obtained a special order from one of the judges in advance). But then I've known for years that in Florida, the rules are different. Thanks to ACS Blog for the link. --------------- * Rule 53 says: Except as otherwise provided by a statute or these rules, the court must not... Posted on November 15, 2009 at 02:16 am by Jacqueline Dowd -
Nov 13
UN investigator accuses US of shameful neglect of homeless
A United Nations special investigator has accused the American government of pouring billions of dollars into rescuing banks and big business while treating as "invisible" a deepening homeless crisis. Raquel Rolnik, the UN special rapporteur for the right to adequate housing, who has just completed a seven-city tour of America, said it was shameful that a country as wealthy as the US was not spending more money on lifting its citizens out of homelessness and substandard, overcrowded housing.... Posted on November 13, 2009 at 01:52 am by Jacqueline Dowd
John Palfrey's Blog
John Palfrey's Blog
Covers intellectual property, politics and teaching. By Harvard Law Professor and Executive Director of the Berkman Center for Internet & Society John Palfrey.
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Nov 12
Harvard Library Report
Over the past nine months or so, a group of us have worked on a Harvard-wide Task Force to consider our library systems. The report is being issued today by Harvard's Provost, Steven E. Hyman, who chaired our Task Force. Over the next year-plus, we will be working to implement changes in five key areas of the Harvard University library system. Harvard is fortunate to have one of the great library systems in the world as a crown jewel. The library system plays a central role in the intellectual... Posted on November 12, 2009 at 11:15 am by palfrey -
Oct 30
Dawn Nunziato’s Virtual Freedom: Net Neutrality and Free Speech in the Internet Age
Dawn Nunziato, a law prof at George Washington University Law School, has written a helpful and interesting new book, entitled Virtual Freedom: Net Neutrality and Free Speech in the Internet Age. Her focus in "Virtual Freedom" is - as the subtitle suggests - free speech on the net, framed primarily for the current net neutrality debate. She compares two distinct conceptions of the First Amendment, one affirmative and the other negative. She argues forcefully for the affirmative approach to the... Posted on October 30, 2009 at 06:45 am by palfrey -
Sep 23
Love Your Library Fest Today, 2 – 5 p.m. at HLSL
The Harvard Law School Library invites students to come visit today during this year's "Love Your Library Fest." In addition to everything you'll learn about the HLS Library, come over for free movie tickets and a raffle to win an iPod Touch. Visit the HLS Library on September 23, 2009 from 2 - 5 p.m. Posted on September 23, 2009 at 10:05 am by palfrey
TortsProf Blog
TortsProf Blog
Covers accident and injury law. By Professors William G. Childs, Sheila B. Scheuerman and Christopher J. Robinette.
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Nov 21
Health Care Debate to Begin in Senate Tonight
Tonight at 8:00 p.m, the Senate will vote on cloture for the health care bill. In other words, the Senate will decide whether to begin debating it. It appears Democrats have 58 of the necessary 60 votes to survive the... Posted on November 21, 2009 at 09:34 am by tortsprof -
Nov 20
Personal Injury Roundup No. 58 (11/20/09)
I hope your last week before Thanksgiving was a good one! Reform, Legislation, Policy Tim Lytton's guest post attracts attention. (Frank/Point of Law) (Lahav/Mass Tort Profs) Law Profs Max Mehlman & Dale Nance (Case Western) argue med mal tort reform... Posted on November 20, 2009 at 02:17 am by tortsprof -
Nov 19
Introducing Guest Blogger Ben Zipursky
Monday's Guest Blogger is Ben Zipursky. Zipursky is currently the James H. Quinn '49 Chair in Legal Ethics and Professor of Law at Fordham Law School, where he teaches Torts, Law & Philosophy, Advanced Torts ‑ Defamation & Privacy, Tort... Posted on November 19, 2009 at 02:00 am by tortsprof
ImmigrationProf Blog
ImmigrationProf Blog
By UC Davis School of Law Professor Kevin R. Johnson, Professor Bill O. Hing and Professor Jennifer Chacón.
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Nov 20
Four Members of Congress Promote Hate Against Muslims
From the Asian Law Caucus: Groups Say Reps. Undermine Political Participation & Support a Backlash Against Muslims SAN FRANCISCO - Over 20 national and local civil liberties organizations issued a rousing call today to four U.S. Representatives, Rep. Myrick (R-N.C.),... Posted on November 20, 2009 at 04:07 pm by immigrationprof -
Nov 20
"A Tale of Two Decades: War Refugees and Asylum Policy in the European Union" by MARYELLEN FULLERTON
Here is a new article from the Social Science Research Network (www.ssrn.com). In my opinion, Professor Fulllerton's work is always worth reading: "A Tale of Two Decades: War Refugees and Asylum Policy in the European Union" Brooklyn Law School, Legal... Posted on November 20, 2009 at 03:18 pm by immigrationprof -
Nov 20
Blame it on Rahm!?
Jonathan Allen at Politico.com has a tsory about how Latino politicians, including Luis Gutierrez (D-IL), blame White House Chief of Staff Rahm Emanuel for the exclusion of undocumented immigranst from health care refiorm. KJ Posted on November 20, 2009 at 07:45 am by immigrationprof
The Edjurist
The Edjurist
Covers K-12 educational law. By Professor Justin Bathon.
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Nov 19
Case law and Article Searches on Google Scholar
The good news of the week for my education school professor colleagues, and for practitioners in the field who do not have unlimited access to Westlaw or Lexis, is that Google Scholar now allows you to search for both case law (federal and state) and articles through the familiar Google interface. I tried it out by doing a search with the terms, "school finance" (no connectors). Sure enough, all of the familar cases (state and federal) came up, beginning with Rodriguez and including Serrano,... Posted on November 19, 2009 at 12:24 pm by Scott Bauries -
Nov 17
Edjurist TV: Episode 7 - Education Law in South Africa, A Conversation with Rika Jobert and Jean Van Rooyen
Had the marvelous opportunity a couple weeks ago to sit down and chat with Professors Rika Jobert and Jean Van Rooyen, of the University of Pretoria's Department of Education Management and Policy Studies. We chatted about educational law, leadership issues, finance issues, preparation issues, etc. It was a great time and our department enjoyed hosting them in Lexington before they went on to Louisville for the ELA conference. Below is the interview and the relevant links: Interuniversity... Posted on November 17, 2009 at 10:24 am by Justin Bathon -
Nov 17
School IT Departments ... Concerns
As I am working here in KY to modify our schools for the information economy, increasingly I am becoming concerned that school IT departments might be more of the problem than the solution. I know that is heresy (especially given my large IT based readership), but I am starting to really have some concerns. Reading Wes Fryer's excellent post yesterday caused me to want to articulate those concerns. First, power from the administration is being increasingly delegated to the IT department -... Posted on November 17, 2009 at 07:32 am by Justin Bathon
The University of Chicago Law...
The University of Chicago Law School Faculty Blog
Covers constitutional law, copyright/technology, corporate law, criminal law, free speech, genetic testing, international law, national security and more.
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Nov 21
Student Blogger - Fall WIP: Daniel Chen and the Effect of Sexual Harassment Law on Gender Inequality
Scholars, particularly economists, are of two minds when it comes to employment regulations aimed at protecting vulnerable groups. The goal behind these laws, of course, is to equalize the status of groups seen as vulnerable to economic discrimination, such as women or the disabled. One prominent position amongst economists, however, is that these policies often are counterproductive, raising the cost of employing the relevant groups and thus imposing unneeded costs upon them. In a new paper... Posted on November 21, 2009 at 02:07 pm by David Schraub -
Nov 20
Audio: Epstein on Bilski
Continuing with today's Epstein/Fed Soc theme, the Federalist Society has posted a recording of Prof. Epstein discussing Bilski v. Kappos. The SCOTUS heard oral argument in the case on November 9. According to the Fed Soc site, The issue in this case is whether a "process" must be tied to a particular machine or apparatus or transform a particular article into a different state or thing in order to be eligible for patenting under 35 U.S.C. § 101. You can download the podcast here. Posted on November 20, 2009 at 08:23 am by UChicagoLaw -
Nov 20
Video: Richard Epstein on the Redistribution of Wealth
Over on the Federalist Society's YouTube Channel, they've posted an 11-part series entitled "Redistribution of Wealth," recorded at the 2009 National Lawyers Convention on Thursday, November 12, 2009. Our own Richard Epstein was one of the discussants. Other participants included Steve Forbes, Chairman and CEO of Forbes Inc. and Editor of Forbes Magazine; Prof. Jed Rubenfeld of Yale Law School; Andrew L. Stern, President of the Service Employees International Union; and Judge J. Harvie... Posted on November 20, 2009 at 08:00 am by UChicagoLaw
The Confrontation Blog
The Confrontation Blog
Covers the Confrontation Clause and developments related to Crawford v. Washington, 541 U.S. 36 (2004). By University of Michigan Law Professor Richard D. Friedman.
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Nov 2
Briscoe: Bottom side amicus briefs, and argument date
The Solicitor General has filed an amicus brief in support of Virginia in the Briscoe case. You can read it by clicking here. Twenty-six states and the District of Columbia have also filed a brief in support of Virginia, and you can read that one by clicking here. The argument has been set for January 11. Posted on November 2, 2009 at 09:11 am by Richard D. Friedman -
Oct 26
Respondent's Brief in Briscoe
The Commonwealth of Virginia has just filed its brief in Briscoe v. Virginia. You can read it by clicking here. The reply brief is due November 25, and I believe the argument will likely be held on January 11. Posted on October 26, 2009 at 04:32 am by Richard D. Friedman -
Sep 3
Joint Appendix in Briscoe
For anybody who might be interested, here is a link to the Joint Appendix in Briscoe Posted on September 3, 2009 at 10:17 am by Richard D. Friedman
M & A Law Prof Blog
M & A Law Prof Blog
By Professor Steven M. Davidoff.
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Nov 20
eBay/Skype: RIP
eBay announced on Thursday that it closed its sale of Skype. The buyer, who will control an approximately 70 percent stake, is an investor group led by Silver Lake and includes Joltid Limited and certain affiliated parties, the Canada Pension... Posted on November 20, 2009 at 10:29 pm by CorporateAcquisitions MergerLawBlogger -
Nov 20
Insider Trading in India
Here's a relatively recent empirical study of insider trading in India in advance of merger announcements, Merger Announcements and Insider Trading in India: An Empirical Investigation. Shorter version: insider trading is rampant. Don't be surprised. It's apparently rampant here. Why... Posted on November 20, 2009 at 10:06 am by CorporateAcquisitions MergerLawBlogger -
Nov 19
B&N's Pill
On Tuesday the board of Barnes and Noble adopted a shareholder rights plan -- or a poison pill. From the board's announcement: The Board adopted the Rights Plan in response to the recent rapid accumulation of a significant portion of... Posted on November 19, 2009 at 12:54 am by CorporateAcquisitions MergerLawBlogger
CYB3RCRIM3
CYB3RCRIM3
Features observations on technology, law and lawlessness. By University of Dayton Susan Brenner.
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Nov 20
Electronic Indictment Issues
/**/ Normal.dotm 0 0 1 1356 7731 University of Dayton School of Law 64 15 9494 12.0 0 false 18 pt 18 pt 0 0 false false false /* Style Definitions */ table.MsoNormalTable {mso-style-name:"Table Normal"; mso-tstyle-rowband-size:0; mso-tstyle-colband-size:0; mso-style-noshow:yes; mso-style-parent:""; mso-padding-alt:0in 5.4pt 0in 5.4pt; mso-para-margin:0in; mso-para-margin-bottom:.0001pt; mso-pagination:widow-orphan; font-size:12.0pt; font-family:"Times New Roman"; mso-ascii-font-family:Cambria;... Posted on November 20, 2009 at 12:06 am by Susan Brenner -
Nov 18
Evidence of Other Crimes
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Nov 16
Authenticating MySpace Evidence
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Dorf on Law
Dorf on Law
By Columbia University School of Law professor Michael Dorf and his friends.
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Nov 19
KSM (non)Politics
By Mike Dorf I don't have much to add to the substantive discussion--sensible and otherwise--of the Justice Department's decision to try Khalid Sheikh Mohammed in a civilian court. I do want to register what will undoubtedly be seen as faint praise for what I imagine must have been the integrity of that decision. Here goes: 1) The Obama Administration's conservative critics think that any backing off from a policy of military detention and military tribunals is weakness if not treason. Nuff... Posted on November 19, 2009 at 10:21 pm -
Nov 19
Future Generations of Europeans and Americans
-- Posted by Neil H. Buchanan My latest FindLaw column (available here later today) revisits one of my favorite policy issues: public investments in infrastructure, education, and so on. I used my recent travels in Europe and the U.K. as an anecdotal complement to some publicly-available research that demonstrates the extremely precarious state of the public capital stock in the United States. My own academic work also has covered this topic, including this law review article from 2006 and this... Posted on November 19, 2009 at 04:15 am -
Nov 17
Who May Deem a Woman an Egg-White? A Karamazovian Inquisition in Chancery
By Bob Hockett Sherry's thoughtful post last Monday, November 9th reminded me of a couple of equity-rooted considerations that have occasionally floated before my mind, in connection with the morality and legality of abortion, ever since first encountering the conscription argument in Judith Jarvis Thomson's influential article on the subject. Perhaps these considerations will be of interest to DoL readers, and thereby contribute something of value to the conversation initiated by Sherry's many... Posted on November 17, 2009 at 10:52 pm
Bluhm Blog
Bluhm Blog
Features discussions on clinical education, justice and legal reform. Professor Steven Drizin.
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Oct 31
Rosemary Lehmberg Does the Right Thing
Kudos to Austin, TX DA Rosemary Lehmberg for agreeing to drop the charges against Michael Scott and Robert Springsteen in Austin's most infamous unsolved murder/rape case -- the Yogurt Shop murder case. True, Ms. Lehmberg did not fully exonerate the men. True, she announced that she was still confident in their guilt. But her decision in the wake of the discovery of unknown DNA on several of the four teenage victims who were raped and murdered and then set ablaze is still praiseworthy. The... Posted on October 31, 2009 at 12:05 pm by Steven Drizin -
Jul 3
What's a prosecutor to do?: Rosemary Lehmberg and the Yogurt Shop Murder Case
It's one of the most infamous false confession cases in the annals of false confessions. It's also a case of unrequited innocence as the two defendants who falsely confessed over eight years after the murders, still remain wrongfully convicted. But the magic of DNA evidence, coupled with excellent legal work, has finally resulted in the release of Michael Scott and Robert Springsteen, who, like the four female victims, in the Austin Yogurt Shop murder/rape cases, were only teenagers when the... Posted on July 3, 2009 at 09:14 am by Steven Drizin -
Apr 13
Trial by stealth
My colleagues are today starting the third trial in the Juan Rivera case, and I have been monitoring the media coverage with great interest. In a WBEZ story aired this morning, a couple of statements attributed to prosecutors in Lake County (Illinois) raised my hackles. By way of very brief introduction, Lake County is continuing to prosecute Juan Rivera for the rape and murder of an 11-year-old child in 1992 even though DNA evidence has excluded him as the source of the semen found in her... Posted on April 13, 2009 at 01:03 pm by Karen Daniel
Tech Law Prof Blog
Tech Law Prof Blog
By Mark Giangrande and Marin Dell.
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Aug 16
About Tech Law Prof Blog
The Law Professor Blogs Network has ceased publication of this blog. Mark Giangrande continues to publish on tech law and other developments as co-editor of Law Librarian Blog. Posted on August 16, 2009 at 11:36 am by Joe Hodnicki -
Jul 17
My Last Post on the Tech Law Prof Blog
This will be my last post on the Tech Law Prof Blog. I've recently signed on as co-editor of the Law Librarian Blog and I've found it increasingly difficult to contribute to both and provide thoughtful news and commentary. After... Posted on July 17, 2009 at 12:20 pm by Joe Hodnicki -
Jul 15
Add Spam to Death and Taxes
What can anyone say about email spam? My eyes glaze over my inbox sometimes because of the huge amount of sexual, pharmaceutical,or banking transaction come-ons. Moreover, they come in languages and alphabets I'll never understand. Sometimes they even purport to... Posted on July 15, 2009 at 10:19 am by Joe Hodnicki
Kenneth Anderson's Law of War and...
Kenneth Anderson's Law of War and Just War Theory Blog
Covers international laws of war, international law, related human rights topics, international NGOs, and the theory of the just war. By Professor Kenneth Anderson.
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Oct 14
Freely speculating on the future of the ATS in a multipolar world
Harvard Law School is hosting in a couple of weeks what is certain to be a very interesting small conference on the Alien Tort Statute. I was lucky enough to be one of the invitees, addressing the issue of corporate liability under the ATS. I address the issue of corporate liability under the ATS, but am actually interested in it from a broader perspective, the "jurisprudential" perspective on the distinct and sharply divided "communities of interpretive authority" over such issues in the ATS... Posted on October 14, 2009 at 06:58 pm -
Jul 14
The NYT CIA Assassination Story
I see that I'm quoted by Mark Mazetti and Scott Shane in their New York Times article today, CIA Had Plan to Assassinate Qaeda Leaders (July 13, 2009). I'm trying hard to maintain radio silence and not blog to let my shoulder heal up, but let me say something very brief about this. Also, I only post occasionally here - mostly I post these days at Volokh Conspiracy and Opinio Juris and CTLab. First, I'm delighted, of course, that the CIA post 9-11 was formulating plans to try and kill Al Qaeda... Posted on July 14, 2009 at 08:16 am -
Jul 2
My new EJIL article on the Rise of International Criminal Law
I have a new essay just published yesterday in the European Journal of International Law, titled (if link doesn't work and you still want the piece, email me and I'll send it that way): The Rise of International Criminal Law: Intended and Unintended Consequences. (EJIL, Vol. 20, No. 2, pp. 331-358, June 2009.) EJIL is a subscriber wall Oxford UP journal, but I'm allowed to put up a link to the full text here on my personal website. If you'd like to read it, this link is supposed to work to the... Posted on July 2, 2009 at 09:29 am
MediaBerkman
MediaBerkman
Harvard Law School Berkman Center for Internet & Society Podcast.
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Nov 19
Radio Berkman 137: Cory Doctorow – In Defense of ©
Is the fate of books a forgone conclusion? Will they just continue to make their way out of print and into digital form? This week's guest, author Cory Doctorow, suggests that we might want to keep books in print for a little while longer. Not just out of nostalgia - but actually to protect the [...] Posted on November 19, 2009 at 02:00 am by crhinesmith@cyber.law.harvard.edu (Berkman Center for Internet & Society at Harvard Law School) -
Nov 17
Nathan Eagle on Big Data, Global Development, and Complex Social Systems [Audio]
Nathan Eagle, Omidyar Fellow at the Santa Fe Institute, infers behavioral dynamics on a broad spectrum of scales using technology; from risky behavior in a group of MIT freshman, to cholera outbreaks in Rwanda and wealth in the UK, to disease transmission and slum formations in East Africa. Though the analytical techniques are sophisticated, the [...] Posted on November 17, 2009 at 11:26 pm by crhinesmith@cyber.law.harvard.edu (Berkman Center for Internet & Society at Harvard Law School) -
Nov 17
Nathan Eagle on Big Data, Global Development, and Complex Social Systems
Nathan Eagle, Omidyar Fellow at the Santa Fe Institute, infers behavioral dynamics on a broad spectrum of scales using technology; from risky behavior in a group of MIT freshman, to cholera outbreaks in Rwanda and wealth in the UK, to disease transmission and slum formations in East Africa. Though the analytical techniques are sophisticated, the [...] Posted on November 17, 2009 at 11:24 pm by crhinesmith@cyber.law.harvard.edu (Berkman Center for Internet & Society at Harvard Law School)
Antitrust & Competition Policy...
Antitrust & Competition Policy Blog
By SMU Dedman School of Law Professor Shubha Ghosh.
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Nov 23
EU Competition Law in Context
Posted by D. Daniel Sokol Heikki Kanninen (CFI), Nina Korjus (CFI), and Allan Rosas (Court of Justice) explain EU Competition Law in Context. ABSTRACT: Competition law belongs to the traditional core of Community internal market law and continues to play... Posted on November 23, 2009 at 12:00 am by JA Hodnicki -
Nov 21
OECD Recommendation on Competition Assessment
Posted by D. Daniel Sokol The OECD has published its Recommendation on Competition Assessment. Posted on November 21, 2009 at 12:07 pm by JA Hodnicki -
Nov 20
Private Antitrust Enforcement in the Presence of Pre-Trial Bargaining
Posted by D. Daniel Sokol Sylvain Bourjade, University of Toulouse - Econ; Patrick Rey, University of Toulouse - Econ, and Paul Seabright, University of Toulouse - Industrial Economic Institute explain Private Antitrust Enforcement in the Presence of Pre-Trial Bargaining. ABSTRACT:... Posted on November 20, 2009 at 08:27 am by JA Hodnicki
Empirical Legal Studies
Empirical Legal Studies
Covers emerging empirical legal scholarship, conference updates and empirical claims. Edited by Professors Jason Czarnezki, Michael Heise, Theodore Eisenberg, William Ford, Sara Benesh, William Henderson, and Frank Cross.
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Nov 17
CELS Webcast
For those of you not attending CELS this weekend, you might want to check out the webcast! Here's the email I recently received from the good folks at USC Law: Dear Empirical Legal Scholar, We are happy to announce that roughly half of the 2009 Conference on Empirical Legal Studies will be webcast. This will enable those who cannot attend the conference in person to hear and view the papers. In addition, it will allow those who attend the conference to hear presentations that conflict with... Posted on November 17, 2009 at 01:40 pm by SaraBenesh -
Nov 13
New Data on BigLaw Contraction: Patterns of Winners & Losers
A careful analysis of the recently released National Law Journal 250 reveals some surprising trends. The NLJ reports that the nation's largest 250 firms (by lawyer headcount) shrank by 4%. Yet, when broken down by geography (see figure below, click on to enlarge), nearly half of the losses (2,096) were concentrated in the 45 firms headquarters in New York City. And another 20% (883) fell on the 17 NLJ 250 firms headquartered in Chicago. To put those figures in perspective, for 2008 (the... Posted on November 13, 2009 at 06:25 am by Bill Henderson -
Nov 12
Statistical Time Machines?
The Wall Street Journal has an article on some research being done by Andrew Martin and Kevin Quinn, wherein they use Markov chain models to attempt to predict how current day justices would vote on past landmark decisions. To wit, they predict that if Roe v. Wade were decided today, it would come down 5-4 in favor of state abortion bans. (Hat tip: SCOTUSblog) Posted on November 12, 2009 at 09:00 am by SaraBenesh
The Volokh Conspiracy
The Volokh Conspiracy
By Eugene Volokh, Dale Carpenter, David Kopel, David Bernstein, David Post, Erik Jaffe, Ilya Somin, Jim Lindgren, Jonathan Adler, Kevan Choset, Orin Kerr, Randy Barnett, Russell Korobkin, Sasha Volokh, Stuart Benjamin, Todd Zywicki & Tyler Cowen.
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Nov 21
NYT on Hacked Climate E-Mails
The New York Times reports on the hack and disclosure of e-mails from the University of East Anglia Climate Research Unit. The e-mails, attributed to prominent American and British climate researchers, include discussions of scientific data and whether it should be released, exchanges about how best to combat the arguments of skeptics, and casual comments - in some cases derisive - about specific people known for their skeptical views. Drafts of scientific papers and a photo collage that... Posted on November 21, 2009 at 06:53 am by Jonathan H. Adler -
Nov 20
Why Tradition Does Not Justify the Socratic Method
One of the standard defenses of the Socratic method, which I criticized in my last post and here, is adherence to tradition. If American lawprofs have been using the method for decades, there must be something to it. Who are we to question the approach that worked so well for Professor Kingsfield? I am generally skeptical of the "Burkean conservative" case for traditionalism. But I do recognize that voluntarily adopted (as opposed to coercively imposed) traditions have some value and may be... Posted on November 20, 2009 at 09:19 pm by Ilya Somin -
Nov 20
Teaching to Different Learning Styles in Law School
By nature, I am a highly verbal, nonvisual person. I learn best by reading books or listening to lectures. I rarely benefit from looking at tables, charts, pictures, and the like. I'm the kind of guy who can't drive to an unfamiliar destination without a detailed mapquest itinerary telling me exactly which turns to take; otherwise, I'm sure to get lost. This learning style is hardly unusual for a law professor, or indeed for most humanities and social science academics (with the exception of... Posted on November 20, 2009 at 03:59 pm by Ilya Somin
First Amendment Law Prof Blog
First Amendment Law Prof Blog
By Professors Kathleen A. Bergin and Josie F. Brown.
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Nov 16
Second Circuit Rules Against Valerie Plame Wilson in CIA Publishing Dispute
The Second Circuit ruled on Thursday that the CIA did not violate the First Amendment when it refused to allow former agent Valerie Plame Wilson to publish information in her memoir regarding her employment with the agency prior to 2002.... Posted on November 16, 2009 at 07:57 am by firstamendmentblogger -
Nov 15
First Amendment Scholarship Update
Here is this week's collection of newly available schoalrship on First Amendment topics: 1) Richard L. Hasen (Loyola Law School - Los Angeles),The Transformation of the Campaign Financing Regime for U.S. Presidential Elections. The abstract states: Since the mid-1970s, the... Posted on November 15, 2009 at 08:25 am by firstamendmentblogger -
Nov 12
MD Regents Refuse to Regulate Sexually Explicit Films
The Board of Regents for the University of Maryland System will not adopt a policy to regulate the screening of sexually explicit films on campus. (See Josie's prior post here). The decision comes two months before the deadline set by... Posted on November 12, 2009 at 09:01 pm by firstamendmentblogger
Law Career Blog
Law Career Blog
Covers law schools, careers in law and alternative career options for lawyers. By Professor Gregory W. Bowman.
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Jan 31
To Everything there is a Season
Obviously it has been a while since I have posted on this blog. Why is that? I suppose it is because I have accomplished much of what I wanted to with Law Career Blog as a solo blog. I felt I had important things to say on teaching and classroom etiquette; on law career decisions; on law firm practice; on mentoring, and more. And I have said many of them, so there you have it. I am very pleased, though, that my posts continue to draw strong traffic month after month, year after year. What I... Posted on January 31, 2009 at 04:49 pm -
Aug 26
The Most Important Day of Class
Last week was my first week of classes for the 2008-2009 academic year, and I was all ready to write a post called "The Most Important Day of Class." The whole premise was that the first day of class is the most important day of class for the whole term. But I didn't write that post, because I decided I was wrong. The first day of class is not the most important day of class. The second day is. Here's what I mean. The first day is important, because on that day the prof is likely to explain... Posted on August 26, 2008 at 04:42 am -
Aug 10
The Benefits of Senior, Junior, and Adjunct Law Faculty
There was an interesting post on the Law Librarian Blog this week concerning the benefits of senior, junior, and adjunct faculty in the classroom. The post can be linked to here. This is a subject that interests me greatly, and readers will remember that I recently wrote a law review article (in the BYU Education and Law Journal) about junior faculty teaching. You can link to my full article here, and to my previous blog posts on the article here and here. The latter post includes an exchange... Posted on August 10, 2008 at 11:08 pm
Mootness: The Moot Court Blog
Mootness: The Moot Court Blog
Provides competition results & news, resources & commentary about interscholastic appellate advocacy. By Chicago-Kent College of Law Professor Kent Streseman.
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Mar 31
In which Mootness acknowledges its obsolescence....
You have, I'm sure, heard the chill winds blowing through the dusty streets of the Mootness blog. Noted the tumbleweeds rolling by. Heard the cockroaches scurry over the floorboards of a place where good people once laughed and loved. Seen the spam comments pile up, then cease, because even the spammers can't stand the loneliness. If you were one of the hardy, maybe you even set up camp and just ... waited. Until the silence cloaked you like a death shroud. And even the zombies got bored &... Posted on March 31, 2009 at 07:50 am by Kent Streseman -
Feb 13
Michigan Peeps: Help Me
Does anyone have results for the 2007 State of Michigan Moot Court Competition? I've got some info regarding previous competitions, but not the most recent one. Posted on February 13, 2008 at 12:03 pm by Kent Streseman -
Jan 31
Live from the National Moot Court Competition
A quick & dirty post on a just-completed tournament: Winner & Best Oral Advocate: Chicago-Kent College of Law Runner-up & 2nd-Best Oral Advocate: University of Colorado Best Brief: University of California, Davis The other semifinalist teams were Duke University and George Washington University. Other teams reaching the quarterfinals were University of Georgia, Loyola University Chicago, University of Minnesota, and St. Louis University. Other teams reaching the octofinals were... Posted on January 31, 2008 at 04:19 am by Kent Streseman
ADR Prof Blog
ADR Prof Blog
By Professors Andrea Schneider, Nancy Welsh, Michael Moffitt and Sarah Rudolph Cole.
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Nov 21
Lawyer as Problem-Solver Award
The ABA Section of Dispute Resolution is now accepting nominations for the 2010 Lawyer as Problem-Solver Award for both individuals and organizations. Information and the nomination form available at: http://www.abanet.org/dch/committee.cfm?com=DR020100. Michael Moffitt Posted on November 21, 2009 at 12:12 am by Michael Moffitt -
Nov 19
Arbitration Betting
At the Works in Progress conference last weekend, amidst much animated discussion on arbitration, Bob Mnookin took any takers with a bet that the Supreme Court will rule that interlocutory appeals from a class action certification are permitted. Dwight Golann argued that the Supreme Court will follow Hall St and rule that these interlocutory appeals are not permitted. [...] Posted on November 19, 2009 at 09:44 am by Andrea Schneider -
Nov 18
Mandatory Employment Arbitration Talk
Professor Theodore J. St. Antoine will be speaking at Case Western Reserve University School of Law on "Mandatory Employment Arbration: Keeping it Fair and Keeping it Lawful" tomorrow, November 19, 2009, at 5-6pm (EST). The lecture will be broadcast live on webcast and be available for later viewing at: http://law.case.edu/lectures. Posted on November 18, 2009 at 05:39 am by Cynthia Alkon
Anupam Chander Blog
Anupam Chander Blog
Globalization and digitization through the eyes of UC Davis School of Law Professor Anupam Chander.
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Nov 17
Where Are the Jobs in International Law?
The National Jurist carries a cover story on the subject in its November issue, available in full online. It includes some startling information (apparently, 82% of Baker & McKenzie's lawyers work outside the United States). The "Top International Law Firms" chart is misleadingly titled, however. A more accurate title might be "Law Firms With Highest Foreign Presence." Posted on November 17, 2009 at 09:58 am by Anupam Chander -
Oct 20
"Exposed: The Erosion of Privacy in the Internet Era"
Harvard Magazine runs a nice piece discussing the "ambivalence we sometimes feel about new technologies that reveal identifiable personal information." Latanya Sweeney's research, in particular, is pretty startling: "Fully 87 percent of the United States population is uniquely identified by date of birth, five-digit zip code, and gender, she says: "So if I know only those three things about you, I can identify you by name 87 percent of the time. Pretty cool."" Posted on October 20, 2009 at 01:16 pm by Anupam Chander -
Oct 20
Yale Journal of International Law Symposium on My "Trade 2.0" Paper
The Yale Journal of International Law is hosting a symposium on my new paper, Trade 2.0, at the online site, Opinio Juris. My first entry in the symposium is titled: "The New Global Traders on Your iPhone." International trade expert Mark Wu will provide the commentary. Posted on October 20, 2009 at 06:56 am by Anupam Chander
Check This Out!
Check This Out!
A podcast about law, libraries, and life. Published by Jim Miles, Director of the Law Library and Law Professor of the University at Buffalo Law School.
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Nov 7
Episode 075: Recruiting Lawyers and Librarians to Law Librarianship
Episode 075: Recruiting Lawyers and Librarians to Law Librarianship Wednesday, November 7, 2007 Playing time: 50:26 This is a talk I gave at the Libraries Without Borders conference in Toronto, on Thursday, October 18, 2007. I'm concerned that we may be overselling the profession--there is certainly a demand for qualified law librarians, but how much is that demand, and what really constitutes "qualified"? With the rising costs of legal education, how long can we continue to expect entry-level... Posted on November 7, 2007 at 05:52 pm -
Jul 14
Test
This is a test. Please disregard. Posted on July 14, 2007 at 11:02 am -
Jun 21
Episode 074: Lawyerswithdepression.com
Episode 074: Lawyerswithdepression.com Friday, June 22, 2007 Playing time: 20:39 Dan Lukasik is a successful Buffalo lawyer who struggles with severe clinical depression. He has recently created a support group for lawyers with depression, and is building a website with links and resources to provide assistance to lawyers and create greater awareness and understanding among the public. Last week Dan and I talked about the problems of lawyers with depression. Theme Music: T. Nile, Get Together.... Posted on June 21, 2007 at 06:00 am
Hugh Hewitt's TownHall Blog
Hugh Hewitt's TownHall Blog
Covers campaigns & elections, education, energy & environment, faith & family, foreign affairs, immigration and more. By Chapman University law professor Hugh Hewitt.
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Nov 22
Hugh Hewitt: "The Red Tide of 2010"
My new Washington Examiner column is up. Posted on November 22, 2009 at 09:53 pm -
Nov 21
Jude : Not Evil, Just Wrong
If you've been waiting for a guest of the show to talk more quickly than Andrew Breitbart, then yesterday was your day. Hugh interviewed Ann McElhinney, an absolute Irish dynamo who is the director and producer of "Not... Posted on November 21, 2009 at 01:40 pm -
Nov 21
Hugh Hewitt: ReverseTheVote.org and Docs4PatientCare.org
As of yesterday afternoon, ReverseTheVote.org had raised more than $90,000 from more than 1,600 donors in three days, all of which will go to fund GOP challengers to vulnerable Democratic Congressmen who voted for... Posted on November 21, 2009 at 06:57 am
International Law Reporter
International Law Reporter
Edited by Professor Jacob Katz Cogan.
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Nov 22
BIICL: Resolving Competing Claims: The Recent Abyei Arbitration in Sudan
John R. Crook (George Washington Univ. - Law), Brooks Daly (Permanent Court of Arbitration), and Wendy Miles (Wilmer Hale) will speak today at the British Institute of International and Comparative Law on "Resolving Competing Claims: The Recent Abyei Arbitration in Sudan." Posted on November 22, 2009 at 04:18 pm by Jacob Katz Cogan -
Nov 22
Workshop: Pearlstein
Deborah Pearlstein (Princeton Univ. - Woodrow Wilson School) will give a talk today at the Georgetown University Law Center Foreign Relations Law Colloquium on "Form and Function in the National Security Constitution." Posted on November 22, 2009 at 04:10 pm by Jacob Katz Cogan -
Nov 22
Bodansky: The Art and Craft of International Environmental Law
Daniel Bodansky (Univ. of Georgia - Law) has published The Art and Craft of International Environmental Law (Harvard Univ. Press 2009). Here's the abstract: International environmental law is often closer to home than we know, affecting the food we eat, the products we buy, and even the air we breathe. Drawing on more than two decades of experience as a government negotiator, consultant, and academic, Daniel Bodansky brings a real-world perspective on the processes by which international... Posted on November 22, 2009 at 01:05 am by Jacob Katz Cogan
White Collar Crime Prof Blog
White Collar Crime Prof Blog
By Stetson University Law Professor Ellen S. Podgor.
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Nov 22
In the News & Around the Blogosphere
Dan Levine, The Recorder, law.com, Guilty Verdict for McKesson Chairman, but GC Acquitted Ben Hallman, AmLaw Litigation, law.com,After Three-Year Deferred Prosecution, DOJ Dismisses Charges Against First Foreign FCPA Target ; FCPA Blog, Giving Thanks Once Again; DOJ Press Release, Statoil... Posted on November 22, 2009 at 04:15 pm by White Collar Crime Prof Blogger -
Nov 21
Oral Argument in Wesley Snipes Case
Previously granted oral argument (see here), lawyers for Wesley Snipes appeared in the 11th Circuit this past week to argue the case. A report of the argument sounded like it was a "hot" bench with questions regarding the venue and... Posted on November 21, 2009 at 11:47 pm by White Collar Crime Prof Blogger -
Nov 19
Shelnutt - Not Guilty
The U.S. Attorney's Office for the Southern District of Georgia has their press release telling the world of a 40 count indictment of a Columbus, Georgia attorney. But no where on the website is the fact that a jury acquitted... Posted on November 19, 2009 at 11:26 am by White Collar Crime Prof Blogger
madisonian.net
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.
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Nov 20
Cyberlaw Without PowerPoint
Today, I participated in a terrific symposium at the Denver University School of Law based on Danielle Citron's work on Cyber Civil Rights. Two aspects of this symposium are particularly noteworthy, outside of the extremely interesting substance and the great group of speakers collected together by Danielle and the editors of the Denver University Law Review. The first point of note was the idea of organizing a symposium based around one particular scholar's recent work. While this has... Posted on November 20, 2009 at 08:09 pm by Jacqui Lipton -
Nov 20
Merely Descriptive?
No Tags Posted on November 20, 2009 at 02:35 pm by Ann Bartow -
Nov 20
Mass: We Pray
No Tags Posted on November 20, 2009 at 01:57 pm by Ann Bartow
University of Louisville Law...
University of Louisville Law Faculty Blog
From the Louis D. Brandeis School of Law.
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Nov 19
Faculty Blogs: Kudos to the Arbitration Team
Our arbitration team, Lily Chan, Jamie Izlar, Brandon Edwards, and Samantha Thomas, competed in the ABA Student Division National Arbitration Competition regionals at Creighton this past weekend. Samantha and Brandon competed twice against Chapman. Chapman is known nationally for the competitiveness of its arbitration teams, and one of its teams won the nationals in the arbitration competition last year. True to their reputation, these teams ranked first and second after the first two rounds,... Posted on November 19, 2009 at 08:32 am -
Nov 12
Faculty Blogs: Oral Arguments in Bilski Case
On Monday, November 9, the U.S. Supreme Court heard arguments in the Bilski case, which is an appeal dealing with the the question of patentability of business method patents. A friend of mine that is a patent attorney in New York sent me the transcript. In reading the transcript, it appears to me that Attorney Jakes, arguing for the petitioner, Bilski, did a better job of presenting his case. His reasoning was simple, and clearly explained: Any process that is new and non-obvious, and occurs... Posted on November 12, 2009 at 12:30 pm -
Nov 9
Peter Scott Campbell's blog: Parallels between Brandeis and Obama
It was Brandeis Day for the Louisville Courier-Journal yesterday (November 8th.) In anticipation of his birthday coming up this Friday, they ran three articles about him. First off, Mel Urofsky excerpted material from his new biography that featured Brandeis' connection with Louisville. Then there was a book review of the Urofsky biography by Laura Rothstein. Since Laura is a professor (and former Dean) here at the Louis D. Brandeis School of Law, she emphasized the parts of the book that... Posted on November 9, 2009 at 07:08 am
Velvel on National Affairs
Velvel on National Affairs
Covers national events. By Massachusetts School of Law Dean Lawrence Velvel.
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Nov 13
The Recent Change In The Name Of Our Country.
November 13, 2009 Re: The Recent Change In The Name Of Our Country. My writing having been taken up entirely by l'affaire Madoff for almost a year, it is a pleasure to turn to a very short posting on another matter. Here it is: We now live in the United States of Goldman, Sachs. That's it. That's the whole post. Explanation of its meaning is unnecessary for anyone who has read the newspapers for the last year (although reading the newspapers is an increasingly quaint idea, like Alberto... Posted on November 13, 2009 at 06:53 am by velvel -
Oct 23
The Briefs Of The Trustee And SIPC On The Net Equity Question.
October 23, 2009 Re: The Briefs Of The Trustee And SIPC On The Net Equity Question. Having read the opening briefs filed by the Trustee and by SIPC on the net equity question, I thought to set down a few of what I believe are my most important impressions. Admittedly, whether I correctly understand all parts of the briefs seems to me a question. Like most Madoff victims, and perhaps even like a large number of the army of lawyers now involved in cases and in advisory roles, less than one year... Posted on October 23, 2009 at 07:24 am by velvel -
Oct 9
More On Net Equity. Plus Picower.
October 9, 2009 Re: More On Net Equity. Plus Picower. In accordance with the briefing schedule set by the Bankruptcy Court, the Trustee's brief on the question of net equity will be submitted shortly. A month later briefs opposing him will be filed. Briefs filed on net equity in the past by Picard's opponents seem to me very good and, in toto, pretty complete. While one does not yet know what the Trustee will say, because his prior work generally has not focused on defending his definition of... Posted on October 9, 2009 at 07:25 am by velvel
Elder Law Prof Blog
Elder Law Prof Blog
By William Mitchell College of Law Professor Kim Dayton.
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Nov 10
Coalition seeks input on issues facing LGBT seniors
The National Senior Citizens Law Center, Lambda Legal, the National Center for Lesbian Rights, the National Gay and Lesbian Task Force, the National Center for Transgender Equality, and Services & Advocacy for GLBT Elders (SAGE), are working together to raise... Posted on November 10, 2009 at 11:15 am by Elder Law -
Nov 10
Family Caregivers are Urged to Consider Senior Care Options During National Caregivers’ Month
November's recognition of National Caregivers' Month is a good opportunity for families suffering under the strain of providing care to an aging loved one to examine senior care options and alternatives. Too often families go through extraordinary lengths that leave... Posted on November 10, 2009 at 10:15 am by Elder Law -
Nov 10
Message from Assistant Secretary for Aging Kathy Greenlee for Veterans Day 20
Veterans Day is also a day when we honor those veterans who live among us -- in our homes, communities and in congregate settings such as assisted living and nursing homes. The contributions of these courageous men and women who... Posted on November 10, 2009 at 10:10 am by Elder Law
Cairns Blog
Cairns Blog
Covers the First Amendment, democracy and design in the digital age. By New York Law School Professor Beth Simone Noveck and members of the First Amendment in the Digital Age Course at Stanford University.
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Sep 5
Where Have I Been?
I have been on a blogging hiatus since the beginning of the Obama-Biden transition project in the summer of 2008. In addition to the usual policy planning committees on the economy, environment, or education, the Technology, Innovation, and Government Reform (TIGR) team was an unprecedented effort to lay out a strategy for institutional innovation for the new administration while our work on Change.gov began to lay the groundwork for the practice of more transparent and participatory... Posted on September 5, 2009 at 08:40 am by Beth Simone Noveck -
Jan 31
Technology, Innovation, and Government Reform (TIGR)
Posted on January 31, 2009 at 10:34 am by Beth Simone Noveck -
Oct 13
Food IP: Hummous v. Hummus
New York Times has a story today about the battle between Lebanon and Israel over "Hummus." Here's the story from Ha'Aretz Posted on October 13, 2008 at 07:51 pm by Beth Simone Noveck
Statutory Construction Blog
Statutory Construction Blog
By Mercer University School of Law Professor David Hricik.
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Aug 16
About Statutory Construction Blog
The Law Professor Blogs Network has ceased publication of this blog. Posted on August 16, 2009 at 11:28 am by Joe Hodnicki -
Jul 13
I'll see you elsewhere soon
The lawprofs blog is consolidating its blogs, and I've been cut, so I'll be moving to hricik.com, but I've got to go to China and do a few other things first. See you somewhere else, relatively soon. Posted on July 13, 2009 at 04:07 am by Prfhricik -
Jul 7
When May a Judge Do Something that's Required?
Love this one. The Wisconsin statute provides: If a person complains to a judge that he or she has reason to believe that a crime has been committed within his or her jurisdiction, the judge shall examine the complainant under... Posted on July 7, 2009 at 12:50 pm by Prfhricik
Products Liability Prof Blog
Products Liability Prof Blog
By William Mitchell College of Law Professor J. David Prince, Professor Michael K. Steenson and Professor Kenneth Ross.
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Aug 16
About Products Liability Prof Blog
If you are interested in serving as an editor of Products Liability Prof Blog for the Law Professor Blogs Network, please contact Paul Caron and Joe Hodnicki by email. Posted on August 16, 2009 at 10:17 am by Joe Hodnicki -
Jul 10
Taking stock of the last 20 years of product liability law
The popular Drug and Device Law blog posted a piece yesterday where they reviewed the developments in product liability law for the last few decades and graded them in relation to help to their corporate clients. It is a nice... Posted on July 10, 2009 at 08:30 pm by productsprof -
Jul 2
GM Product Liability Plaintiffs Better Off Than Secured Creditors
General Motors Corporation has agreed to assume responsibility for all future liability claims filed after the automaker emerges from bankruptcy, regardless of when the vehicle was made. GM had planned to include its product liability claims with its bad assets... Posted on July 2, 2009 at 07:07 am by productsprof
Essentially Contested America
Essentially Contested America
Covers the constitutional, political, and cultural controversies which define the character of America. By Widener University School of Law Professor Robert Justin Lipkin.
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Sep 30
The Public Option
The public option took a shot to the kidney yesterday. The punch was hard and it was not fair, but it is just a part of the game. The public option may be getting a standing eight-count in boxing parlance, but it should not be counted out. In the next several weeks, the pressure will [...] Posted on September 30, 2009 at 08:25 am by Henry L. Chambers, Jr. -
Sep 24
Health Care and Dog Care
This week, I have ahad a taste of what it might be like not to have health insurance for members of my family. Fortunately, my experience did not involve uninsured children, but instead an uninsured dog. My puppy, Owen, just turned 6 months old and he does not have health insurance. Being [...] Posted on September 24, 2009 at 12:24 pm by Rebecca Zietlow -
Sep 23
Obama and Paterson
This week, news circulated suggesting that President Barack Obama sent emissaries to attempt to convinced New York Governor David Paterson to exit the 2010 New York gubernatorial race. I have heard some argue that the president's attempt is anti-democratic and that the voters of New York should decide who their governor will be. Of course, [...] Posted on September 23, 2009 at 05:20 am by Henry L. Chambers, Jr.
Hearsay Culture
Hearsay Culture
KZSU-FM (Stanford) Tech/Law Talk Show. Hosted by Dave Levine.
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Nov 8
shows #100 and 101 — William Patry and Larry Downes — posted
I am thrilled to post shows #100 and 101! After over three years of shows, a few thank yous are appropriate. While I get into an Oscar-type thank you speech on show #100, I thank my friends at KZSU-FM (especially Mark Lawrence and Kathryn Todd, as well as numerous DJs) and Stanford Law School (especially former Center for Internet and Society colleagues Lauren Gelman, Jennifer Granick and Larry Lessig, as well as Mark Lemley and Joe Neto) for their early, continuing and ongoing support! Of... Posted on November 8, 2009 at 08:09 pm by dave -
Oct 23
Shows #98 and 99 — Prof. Jacqui Lipton, Prof. Elizabeth Townsend-Gard and Justin Levy — posted and show #100 — William Patry, Esq. — coming!
I am pleased to post two more new shows. The first is Show # 98, October 14, my interview with Prof. Jacqui Lipton of Case Western Reserve University School of Law. Jacqui is writing a book, Global Real Property: Internet Domain Names, Trademark and Free Speech, examining the intricacies of trademark domain name disputes. These disputes take a number of forms, and have a variety of permutations that require consideration. In the discussion, we dissect these different disputes and discuss how... Posted on October 23, 2009 at 02:39 pm by dave -
Oct 23
Letter in support of FCC’s Open Internet Proceeding
I signed on to a letter drafted by Profs. Adam Candeub and Brett Frischmann (Brett has been on the show in the past) in support of the FCC's Notice of Proposed Rulemaking ("NPRM") regarding protecting the Internet as a free and open network. As the letter states: We believe the NPRM is a laudatory next step. First, from a legal perspective, it is the appropriate regulatory mechanism to evaluate the central substantive and procedural issues regarding discrimination, network management,... Posted on October 23, 2009 at 08:34 am by dave
CALI Radio
CALI Radio
Podcast from the Center for Computer-Assisted Legal Instruction. Includes interviews with law professors.
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Mar 1
Contracts: Unconscionability and Reasonable Expectations with Professor Scott Burnham
Guests: Professor Scott Burnham from the University of Montana School of Law Topic: Contracts: Unconscionability and Reasonable Expectations Running Time: 7:28 Click here to download the mp3file: Prof. Burnham: Unconscionability & Reasonable Expectations Professor Scott Burnham discusses unconscionability, the Williams v. Walker-Thomas case, and reasonable expectations. This podcast is a perfect supplement to Professor Burnham's Unjust Terms (Unconscionability) CALI tutorial. Posted on March 1, 2006 at 02:15 pm by AustinGroothuis -
Oct 28
EXAM PREPARATION: Conversations With Law Professors About Preparing For and Taking Exams
TOPIC: Exam Taking Skills, Outlines, and Advice for Law Students During the week of Oct. 17, 2005, CALI's Director of Curriculum Development, Deb Quentel, spoke with six law professors about outlines, studying for class, preparing for exams, time management, and how professors grade exams. The conversations were recorded as podcasts. While these podcasts are not intended to take the place of a conversation with your professor, the professors hope that these podcasts give law students additional... Posted on October 28, 2005 at 11:49 am by DebQuentel -
Oct 14
PROPERTY/REAL ESTATE: Covenants: Profs. Joe Grohman and Ron Brown
Guests: Professors Ron Brown and Joe Grohman, Nova Southeastern University Shepard Broad Law Center Topic: Property Law/Real Estate Law: Real Covenants and Servitudes of Land Running Time: 13:05 Click here to download the mp3 file:GrohmanBrownCov_2.mp3 Professors Brown and Grohman, authors of several CALI lessons on covenants, give students a framework to approach studying the material and offer real-life applications of the doctrines. They also discuss the interrelatedness of the law and... Posted on October 14, 2005 at 10:33 am by DebQuentel
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.
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Nov 19
Bernard Harcourt, "Neoliberal Penality: A Genealogy of Excess"
What work do the categories "the free market" and "regulation" do for us? Why do we incarcerate one out of every one hundred adults? These seemingly unrelated questions, it turns out, are deeply interconnected. The categories of free and regulated markets emerged as an effort to make sense of irreducibly individual phenomena-unique forms of social organization. In the process, the categories helped shape the dominant belief that the economic realm is characterized by natural order, and that the... Posted on November 19, 2009 at 09:38 am by arester -
Nov 5
Shakespeare and the Law: Keynote Discussion featuring Justice Stephen Breyer, Richard Posner, Martha Nussbaum, & Richard Strier
The University of Chicago Law School's "Shakespeare and the Law" conference brought together thinkers from law, literature, and philosophy to investigate the legal dimensions of Shakespeare's plays. Participants explored the ways in which the plays show awareness of law and legal regimes and comment on a variety of legal topics, ranging from general themes, such as mercy and the rule of law, to highly concrete legal issues of his time. Other papers investigated the subsequent influence of his... Posted on November 5, 2009 at 08:52 am by arester -
Oct 29
Panel Discussion on Gay Marriage with Professors Mary Ann Case, Martha Nussbaum, David Strauss and Lecturer James Madigan
This panel discussion was recorded on October 20, 2009 and was sponsored by Outlaw, the Law School Democrats, and the Law School Republicans. Mary Anne Case is Arnold I. Shure Professor of Law at the University of Chicago Law School; Martha Nussbaum is Ernst Freund Distinguished Service Professor of Law and Ethics at the University of Chicago Law School; David Strauss is Gerald Ratner Distinguished Service Professor of Law at the University of Chicago Law School; and James Madigan is Class of... Posted on October 29, 2009 at 09:49 am by arester
PropertyProf Blog
PropertyProf Blog
By Professors D. Benjamin Barros and Alfred L. Brophy.
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Nov 18
Lehavi on Takings and Taxings
Amnon Lehavi (Interdisciplinary Center Herzliyah - Radzyner School of Law) has posted The Taking/Taxing Taxonomy on SSRN. Here's the abstract: Takings jurisprudence is engaged in a constant paradox. It is conventionally portrayed as chaotic and "muddy," and yet attempts by... Posted on November 18, 2009 at 06:57 am by propertyprof -
Nov 13
Testing Theory on Property Exams
Does anyone offer a "pure" theoretical question on their property exam. This semester I assigned 88 pages out of Commodity and Propriety to force students to undertake careful reading in a different context other than cases. So we have weaved... Posted on November 13, 2009 at 09:18 am by propertyprof -
Nov 13
More on Pfizer's Pull Out From New London . . .
From the New York Times, and at the Times' Room For Debate blog. Also, Tim Iglesias left this excellent comment to the last post on this subject: In all of the analysis and judgment cited concerning the failure of the... Posted on November 13, 2009 at 07:07 am by propertyprof
UBLaw PodCast
UBLaw PodCast
University at Buffalo Law School Podcast.
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Oct 16
Don Mitchell on Homelessness, Geography, Survival, and the Right to the City
Welcome to UBLaw Conversations, a production of University at Buffalo Law School and the Baldy Center for Law and Social Policy. Today is October 16, 2009, and I'm James Milles. Our guest today is Don Mitchell, Distinguished Professor in Geography at the Maxwell School at Syracuse University. Dr. Mitchell talks here about regulation of the homeless through such techniques as the rise of automated surveillance systems in cities, innovations in trespass law, and the criminalization of sharing... Posted on October 16, 2009 at 01:14 pm by ublaw -
Apr 24
Michael Herzfeld on Anthropology, Bureaucracy and Gentrification in Rome and Bangkok
Welcome to UBLaw Conversations, a production of University at Buffalo Law School and the Baldy Center for Law and Social Policy. Today is April 24, 2009, and I'm James Milles. Our guest today is Dr. Michael Herzfeld, Professor of Anthropology and Curator of European Ethnology in the Peabody Museum at Harvard University. Professor Herzfeld specializes in the ethnography of Europe (especially Greece and Italy) and of Thailand. Among his ten books are The Body Impolitic: Artisans and Artifice in... Posted on April 24, 2009 at 08:39 am by ublaw -
Apr 21
James Gardner and Antoni Abad i Ninet on Comparative Federalism in the United States and Spain
Welcome to UBLaw Conversations, a production of University at Buffalo Law School. Today is April 21, 2009, and I'm James Milles. Our guests today are James Gardner, UB Law School, and Antonii Abad i Ninet, visiting scholar, UB Law. Professors Gardner and Ninet are interviewed here by Rick Su, UB Law. "Federalism Under Conditions of Asymmetrical Subnational Claims for Autonomy: the Case of Spain" Abstract: In the Madisonian tradition of constitutional design, the foundation of a sustainable... Posted on April 21, 2009 at 12:09 pm by ublaw
Duke Law Events
Duke Law Events
Academic lectures, panels, conferences, symposia from Duke law school.
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Oct 5
Lives in the Law: Rita Hauser
Oct 05, 2009 - Dean David F. Levi interviewed international lawyer and philanthropist, Rita Hauser, about her career in international law, her interest in human rights, and significant milestones along the way. Hauser is president of The Hauser Foundation and of counsel to the New York City law firm, Stroock & Stroock & Lavan where she was a senior partner for more than twenty years. She served on the President's Foreign Intelligence Advisory Board from 2001 - 2004; chairs The... Posted on October 5, 2009 at 03:00 am -
Oct 1
Former Ambassador to the UN John Bolton on President Obama's New International Order
Oct 01, 2009 - Former Ambassador to the UN John Bolton spoke about President Obama's New International Order. Sponsored by the Federalist Society, the International Law Society, and the Duke University Program in American Grand Strategy. Posted on October 1, 2009 at 03:00 am -
Sep 22
Supreme Court Preview
Sep 22, 2009 - Duke Law Professors Neil Siegel, Ernest Young, James Coleman, and Samuel Buell discussed important cases that the Supreme Court will hear in the upcoming term. Posted on September 22, 2009 at 03:00 am
The Sports Law Professor
The Sports Law Professor
Dedicated to the complete integration of sports and law. By Willamette University College of Law Professor Jeffrey Standen.
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Nov 6
The Coming Federalization of Anti-Doping Policy
Just this past week, a Congressional subcommittee held a hearing on the recent Starcaps decision out of the Eighth Circuit. (I wrote about that decision here, and not all that favorably.) To refresh your recollection, the court decision allowed two NFL players, both named Williams and both playing defensive tackle for the Minnesota Vikings, to assert claims for damages against the NFL in state court. The players argued that the NFL's anti-doping policy violates Minnesota state law governing... Posted on November 6, 2009 at 11:37 am by TSLP -
Sep 21
The Starcaps Case and the Impending NFL Labor Fight
The recurring drama of the National Football League season is off to a great start, except for the part where my beloved Patriots took it on the chin last week against the hated Jets. Looming over all the optimism of a new season is the much-anticipated labor crisis that threatens a return to the strike-filled era of the late part of the last century, an era in which sports unions flexed their young muscles against entrenched management interests. All football fans are hoping for an... Posted on September 21, 2009 at 08:35 am by TSLP -
Sep 2
Final Word On Delaware Lottery Decision
By the title of this entry I don't mean my final word. I'm referring to the very recent decision of the U.S. Court of Appeals for the Third Circuit, which decision most likely comprises the final word of the federal judiciary on Delaware's planned sports lottery. Here's the link to the court's opinion. I've complained previously about the unnecessary haste with which this court decided to resolve this important legal issue. If this decision stands, as most likely it will, then it represents the... Posted on September 2, 2009 at 09:31 am by TSLP
Banking Law Prof Blog
Banking Law Prof Blog
By Professor Ann Graham.
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Nov 20
Interesting Timing for BofA to Fire Its GC Last December
Coincidence? You be the judge. Bank of America's General Counsel Tmothy Mayopoulos was summarily dismissed "just one day after he learned of bigger than expected at Merrill [Lynch, which was acquired by BofA, which allegedly failed to disclose to BofA... Posted on November 20, 2009 at 05:32 am by Banking LawProf -
Nov 19
Fireworks Between Geithner and Representative Brady
In today's Joint House and Senate Economic Committee hearing, Republican Representative from Texas Kevin Brady asked Treasury Secretary Timothy Geithner to resign. Geithner responded in the negative, pointing out that President Obama inherited an economy "falling off the cliff." Link:... Posted on November 19, 2009 at 11:39 am by Banking LawProf -
Nov 18
Geithner Tells Banks They Should Lend More To Small Businesses
Bloomberg's Rebecca Christie has an article today discussing Treasury Secretary Timothy Geithner's perspective that bank's are "obligated" to extend more loans to small businesses. The point is that if the economy is to recover, small businesses must have access to... Posted on November 18, 2009 at 06:38 pm by Banking LawProf
MauledAgain
MauledAgain
Covers tax law, legal education, the First Amendment, religion, and law generally. By Villanova law professor James Edward Maule.
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Nov 20
The Devil’s in the Tax and Spending Details
On Wednesday, in The Math of Tax and Spend, I noted that "The world continues to wait for an answer to the question, 'So if state taxes are cut, what spending programs should be reduced or eliminated?' I had asked that question in New Jersey to Follow in California's Tax Footsteps?. It seems I'm not the only one with this question. It was posed to one of the candidates in the Republican primary campaign for U.S. Senator from Florida. Mario Rubio is challenging Charlie Crist, currently governor... Posted on November 20, 2009 at 12:01 am by James Edward Maule -
Nov 18
The Math of Tax and Spend
The world continues to wait for an answer to the question, "So if state taxes are cut, what spending programs should be reduced or eliminated?" This is a question I asked a few weeks ago in New Jersey to Follow in California's Tax Footsteps?. At the federal level, there are two additional choices not available to the states, namely, deficit spending and printing money. States, though, need to cut spending if they cut taxes. The latest show in the "cut taxes" parade took place in Harrisburg last... Posted on November 18, 2009 at 12:01 am by James Edward Maule -
Nov 16
Who Appreciates This Tax Complexity?
Last week, in Partnership Taxation, I alerted students to the trap that exists in section 751 and the need for them to be very careful when dealing with the identification of partnership assets subject to section 751. There is a wrinkle that seems to serve no purpose other than to confuse taxpayers, tax practitioners, and tax students. Some background is helpful. When a partner "sells" a partnership interest for tax purposes, the tax law (section 751(a), to be specific) treats the gain or loss... Posted on November 16, 2009 at 12:02 am by James Edward Maule
Chinese Law Prof Blog
Chinese Law Prof Blog
By George Washington University Law Professor Donald C. Clarke.
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Nov 19
US-China joint statement calls for "legal experts dialogue"
The US-China Joint Statement released on Nov. 17th contains the following language (emphasis added): The United States and China underlined that each country and its people have the right to choose their own path, and all countries should respect each... Posted on November 19, 2009 at 12:22 pm by Donald Clarke -
Nov 17
Job openings at the CECC
The Congressional-Executive Commission on China has three openings, two of which are for analysts: candidates who have a background or strong interest in (a) criminal procedure, courts, police, and prisons, or (b) labor issues and civil society. It's also seeking... Posted on November 17, 2009 at 01:32 pm by Donald Clarke -
Nov 7
New CSRC rule on avoidance
I've recently started following (and rec... Posted on November 7, 2009 at 08:06 am by Donald Clarke
Ratio Juris
Ratio Juris
Offers perspectives on judicial decisionmaking and the legal process. By Professors Jim Chen, Alfred Brophy, Stefanie Lindquist, R.J. Lipkin, Chad M. Oldfather, Lori A. Ringhand, and Elizabeth Weeks.
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Nov 17
Power: An Introduction—Part 2
'[A]gainst the…thesis of supreme power, we argue first that since it is only by virtue of some people giving voluntary obedience that we can have coercive machinery at all, it must be possible for them on occasion to be unwilling to obey, so that no one can be coerced, and secondly, that since men are possessed only of imperfect information, the government will always be less than informed, and hence the less able to control events, the less it secures the respect of the governed.'-J.R. Lucas... Posted on November 17, 2009 at 04:47 pm by Patrick S. O'Donnell -
Nov 16
Power: An Introduction—Part 1
Power, in a generic or basic sense, might be conceptualized as 'the capacity of some persons to produce intended and foreseen effects on others.' In Political Science, power is defined as 'the mobilization by an actor-whether individual or collective-of resources such as wealth, official position (authority), fame, skill, knowledge, etc. to produce effects.' A distinction is often made between 'power over' and 'power to:' the former is parasitic on or derived from the latter. '[P]olitics is not... Posted on November 16, 2009 at 06:54 pm by Patrick S. O'Donnell -
Nov 11
"Making (Some) Sense of the Health Care Debate"
In Reasons for Welfare: The Political Theory of the Welfare State (1988), Robert Goodin notes: In seeking an economic justification for the welfare state…we must look not merely for ways in which state welfare services provide economic benefits. We must look for ways in which state welfare services provide benefits that private actors in private markets cannot. We must look for ways in which markets would necessarily fail. [….] The private analogue to the social insurance programs which... Posted on November 11, 2009 at 07:08 am by Patrick S. O'Donnell
Health Law Prof Blog
Health Law Prof Blog
By University of Cincinnati Law Professor S. Elizabeth Malloy.
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Nov 16
Health Care Reform Brings Price Increases From The Drug Industry At The Highest Rate In Years
The drug industry stands to gain about 30 million new customers with drug insurance from the legislation pending in Congress so it isn't surprising that the industry is promising to support Washington's health care overhaul. This support comes in the... Posted on November 16, 2009 at 01:52 am by HealthLawProf Hodnicki -
Nov 15
Public Health Insurance Plan: Should Some Uninsured Americans Be Able To Enroll In A Newly Created, Publicly Administered Health Plan As The Nation Works To Expand Health Insurance Coverage?
A new Policy Brief published by Health Affairs and the Robert Wood Johnson Foundation provides an excellent analysis of the proposed government-run public health insurance plan under the landmark health reform legislation passed by the House of Representatives. The Policy... Posted on November 15, 2009 at 11:09 am by HealthLawProf Hodnicki -
Nov 14
Awareness of Racism Affects How Children Perform Socially and Academically
A study of more than 120 ethnically and socioeconomically diverse US elementary school children shows that children develop an awareness about racial stereotypes early and that those biases can be damaging. Specifically, the study illustrates that when children become aware... Posted on November 14, 2009 at 06:42 am by HealthLawProf Hodnicki
University of Toronto Law School...
University of Toronto Law School Faculty Blog
Discussions by faculty members of the University of Toronto Faculty of Law on administrative law, competition law, antitrust, constitutional law, current events, family law, intellectual property, law and economics and taxation.
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Nov 2
Do Interventions at the Supreme Court of Canada Make a Difference?
Andrew Green and I have just posted a draft of a new paper to SSRN, Interventions at the Supreme Court of Canada: Accuracy, Affiliation, and Acceptance. This is a work in progress that has been prepared for this Friday's Symposium on Interventions by the Asper Centre here at the Faculty of Law. Here is the abstract to the draft paper (comments and suggestions are welcome): Do interveners matter? Under Chief Justice McLachlin the Supreme Court of Canada has allowed an average of 176... Posted on November 2, 2009 at 02:22 pm by Ben Alarie -
Sep 30
Profs. Trebilcock and Iacobucci - "Patent protection, the new mother of invention"
This commentary was first published on the Globe and Mail website on September 22, 2009. After years of effort, a Toronto startup company called i4i invented an important piece of technology to dramatically enhance software programs, such as Microsoft Word. Recognizing its potential, i4i obtained a U.S. patent to protect, and hopefully prosper from, the invention. The company also began marketing the technology as a separate product that worked with Word. A Texas court ruled last month that in... Posted on September 30, 2009 at 08:23 am by Administrator -
Sep 24
Prof. Anita Anand - "Why macro is prudent"
This commentary was first published in the Financial Post on September 23, 2009. The G20 leaders meet today in Pittsburgh. While macroprudential regulation is likely to be on the agenda, countries continue to wrestle with how, if at all, this concept fits within existing legal frameworks and indeed whether new regulators or committees will be created in each country. But, taking a step back, what does "macroprudential regulation" mean? Should Canada proceed down this road? If so, how?... Posted on September 24, 2009 at 02:05 pm by Administrator
Jurisdynamics
Jurisdynamics
Describes the interplay between legal responses to exogenous change and the law's own endogenous capacity for adaptation. By Louis D. Brandeis Dean Jim Chen.
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Aug 10
The rhetorical orgin of Sarah Palin's "death panel"
Despite her July 26, 2009, resignation as governor of Alaska, Sarah Palin remains a formidable political force. She has shifted her primary written platform from Twitter to Facebook. Sarah Palin's Facebook page has had an immediate and profound impact on national politics. Her Statement on the Current Health Care Debate notably handed opponents of health care reform a potent rhetorical weapon: The Democrats promise that a government health care system will reduce the cost of health care, but .... Posted on August 10, 2009 at 04:20 pm by Jim Chen -
Jul 15
Malaise in America again
Thirty years ago, President Jimmy Carter delivered A Crisis of Confidence, better known as "The Malaise Speech." We stand again on a precipice of national decline, having frittered away three decades of opportunities to address energy dependency, environmental protection, and climate change. That "malaise" speech may not be so bound in time after all. Jimmy Carter, A Crisis of Confidence (July 15, 1979) (transcript) Click on the image of Jimmy Carter to read excerpts from A Crisis of... Posted on July 15, 2009 at 02:48 pm by Jim Chen -
Jul 10
In Defense of Law School--A Response to Lippe
There has been plenty of buzz on legal blogs lately in response to Paul Lippe's AmLaw blog post laying out the case against the prevailing law school pedagogical model, in particular the status and role of the law faculty. There is no question that there is room for improvement in the American law school model, as there is in every educational model. Bill Henderson at Indiana University Law School, in a post on the Legal Profession Blog, makes a good case that Lippe's post deserves attention... Posted on July 10, 2009 at 03:13 am by J.B. Ruhl
Family Law Prof Blog
Family Law Prof Blog
By University of Missouri Kansas City Law Professor Barbara Glesner Fines and William Mitchell College Law Professor Nancy Ver Steegh.
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Nov 21
IV World Congress on Child and Adolescent Rights
The IV World Congress on Child and Adolescent Rights will take place in Puerto Rico* from the 15th to the 18th of November 2010. This renowned event draws nearly 1,000 participants and more than 20 countries are represented. Its main... Posted on November 21, 2009 at 09:00 am by Family Law -
Nov 20
Are Soap Operas Cruel Treatment?
BBC News reports on a Indian case in which the court found that husband's refusal to allow wife to watch soap operas amounted to cruel treatment. Read the story here. AC Posted on November 20, 2009 at 11:21 am by Family Law -
Nov 20
Franck: "'So Hedge Therefore, Who Join Forever’: Understanding the Interrelation of No-Fault Divorce and Premarital Contracts"
Jens-Uwe Franck has posted 'So Hedge Therefore, Who Join Forever': Understanding the Interrelation of No-Fault Divorce and Premarital Contracts, 23 International Journal of Law, Policy and the Family 235 (2009), on SSRN. Here is the abstract: This article explores the... Posted on November 20, 2009 at 09:00 am by Family Law
Neuroethics & Law Blog
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.
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Nov 20
CFP: Ethical Implications of DBS
Our partner journal, Neuroethics, has issued the following call for papers. Please direct inquiries to the issue's guest editor: Call for Papers ETHICAL IMPLICATIONS OF DEEP BRAIN STIMULATION SPECIAL ISSUE OF SPRINGER'S JOURNAL NEUROETHICS Guest Editor: Jens Clausen Deep brain stimulation is a powerful treatment for motor symptoms in patients suffering from end-stage Parkinson's disease. On the one hand, many patients who had no medical option left benefit enormously from this technological... Posted on November 20, 2009 at 08:59 am by Adam Kolber -
Nov 18
New Brain-Related SSRN Abstracting Journals
SSRN recently distributed the following information about new brain-related abstracting journals: LAW, BRAIN & BEHAVIOR JOURNALSLaw is concerned with organizing and constraining human behavior. As a result, some model of human behavior, implicit or explicit, underlies legal principles and analysis. Papers in LAW, BRAIN & BEHAVIOR employ conceptual and empirical findings from various disciplines, including neuroscience, evolutionary biology, and experimental psychology, to shed light on... Posted on November 18, 2009 at 09:46 am by Adam Kolber -
Nov 16
PEBS News Roundup from JHU Guest Blogger
Last Edition's Most Popular Article Clever fools: Why a high IQ doesn't mean you're smart New Scientist November 2 2009 In the Academic Literature: Human-specific transcriptional regulation of CNS development genes by FOXP2 Nature 2009:462:213-217 Visually evoked activity in cortical cells imaged in freely moving animals PNAS November 4 2009 Newborns' cry melody is shaped by their native language Current Biology November 5 2009 Hematopoietic stem cell gene therapy with a lentiviral vector in... Posted on November 16, 2009 at 09:42 am by Adam Kolber
Zeugma
Zeugma
Covers legal education, technology, rhetoric and legal theory. By Lancaster University's Sefton Bloxham, University of Warwick's Patricia McKellar, University of Strathclyde's Karen Barton and Glasgow Graduate School of Law's Paul Maharg.
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Nov 13
Meta-analysis of early childhood interventions
In my last but one post I mentioned the importance of meta-reviews. Just came across a preview of a great one on the Columbia University Teachers College site, here (excellent site by the way -- well worth signing up for). Camilli, G., Vargas, S., Ryan, S. Barnett, W.S. (2010, forthcoming) Meta-analysis of the effects of early education interventions on cognitive and social development, Teachers College Record, 112, 3. The authors reviewed 123 comparative studies of early childhood... Posted on November 13, 2009 at 09:18 am by Paul Maharg -
Nov 13
SSRN iPhone app
Since mentioning Arterian & Paul's legal ed summaries from SSRN in the last posting I've downloaded & used the iPhone app for SSRN (iTunes Store, free, here). Great. Also wanted to prove I can blog in less than 1500 words... Posted on November 13, 2009 at 07:17 am by Paul Maharg -
Nov 13
What will enhance legal education in Scotland?
Was live-blogging Enhancing Legal Education in Scotland, a legal ed conference hosted by UKCLE last week -- kudos to Julian Webb and his team for organising it, for it's difficult to bring together the disparate elements of Scots legal education -- but my own afternoon session and then many other thoughts intervened, so I've delayed this posting. Account of the day and reflections on Scottish legal education below the fold... Julian kicked off proceedings, and introduced the new Scotland... Posted on November 13, 2009 at 05:33 am by Paul Maharg
South Texas Law Professor
South Texas Law Professor
Reactions and musings from South Texas College of Law professor Dru Stevenson.
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Mar 29
This Week's "People With Too Much Time On Their Hands"
Here is this week's example of people with too much time on their hands/not enough to do: 100,000 Britons downloading "certificates of de-baptism" as a way of renouncing their unfashionable Christian heritage. The standard reason seems to be that the water ritual was performed when the person was an infant, and is therefore not meaningful. I understand that part - as a teenager, I arranged to get re-baptized partly to make a point that it was my own choice. But I don't get why something that is... Posted on March 29, 2009 at 05:10 pm by Dru Stevenson -
Mar 28
The New Law Prof Rankings
This innovative new empircal article, Reproduction of Hierarchy? A Social Network Analysis of the American Law Professoriate, by a group of professors at the University of Michigan, offers a new way to rank the "influence" of law professors on American society (or at least on our legal system), based on their institutional affiliation. Particularly interesting is the comparison to US News rankings. My favorite part is this amazing graph of the law professor universe: My alma mater is pretty... Posted on March 28, 2009 at 02:53 pm by Dru Stevenson -
Mar 26
Top Ten Most Wanted Government Documents
Click here to get the Report ByCenter for Democracy & Technology & OpenTheGovernment.org: 1. Public Access to All Congressional Research Service Reports 2. Information About the Use of TARP and Bailout Funds 3. Open and Accessible Federal Court Documents Through the PACER System 4. Current Contractor Projects 5. Court Settlements Involving Federal Agencies 6. Access to Comprehensive Information About Legislation and Congressional Actions via THOMAS or Public Access to Legislative... Posted on March 26, 2009 at 04:09 pm by Dru Stevenson
CALIopolis PodCast Feed
CALIopolis PodCast Feed
Research, random thoughts, and slightly articulate ideas on legal education, technology and the Center for Computer-Assisted Legal Instruction.
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Mar 13
Just A Podcasting Test
Here is my test podcast. Click to listen or right-click to download - JustATest4Podcasting.mp3 Posted on March 13, 2009 at 01:33 pm by JohnPMayer -
Mar 13
New Podcast Launched - PLEASE PAY ATTENTION
"Please Pay Attention" is the working title of the new podcast series. We would love to get suggestions from listeners to name this podcast. Elmer Masters and I talk about legal education-related IT topics several times a week and we have threatened in the past to turn some of those conversations into podcasts because we believe that others might benefit. Alternatively, others might listen and set us straight. So we have followed up on our threat and recorded the first in a series of podcasts.... Posted on March 13, 2008 at 01:22 am by JohnPMayer -
Jan 9
2008 Annual CALI Members Meeting - Screencast Version
Here is the link to the screencast version of my talk at the 2008 Annual CALI Members Meeting held on Friday, January 5, 2008 in New York during AALS. I had previously posted the podcast/audio recording and Powerpoint slides. Posted on January 9, 2008 at 11:36 am by JohnPMayer
The Becker-Posner Blog
The Becker-Posner Blog
Covers law from a law and economics perspective. By Nobel Prize Winning University of Chicago Economist Gary Becker and University of Chicago Law Professor and US 7th Circuit Court of Appeals Judge Richard Posner.
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Nov 15
Will We Go the Way of Japan?--Posner
Japan spent the 1990s unsuccessfully trying to recover from a collapse of the Japanese banking industry caused by the bursting of a housing bubble, despite aggressive monetary and fiscal policies. As a result of those policies, Japanese national debt soared, but was financed mainly internally because of the very high Japanese personal savings rate. With its large surplus of exports over inputs, moreover, Japan accumulated dollars (and other currencies), which also reduced the debt burden.... Posted on November 15, 2009 at 03:41 pm -
Nov 15
Will We Go the Way of Japan? No, Unless US Government Policies Discourage Growth-Becker
Japan has had a very slow rate of growth in its GDP since 1991, averaging just a little over 1 percent. Given this slow growth, and the government's continued failed efforts to prop up their economy by running large fiscal deficits, the ratio of government debt to its GDP has risen from only about 50% in 1995 to by far the highest ratio in the developed world, at about 170% in 2008. Estimates indicate that it could rise to over 200% by next year as the budget continues to spill red ink, and may... Posted on November 15, 2009 at 02:32 pm -
Nov 8
Productivity and Jobs-Becker
/**/ Last week two pieces of news about the American economy were disclosed, with important implications for where the economy is going. On Thursday, the Labor Department reported that during the third quarter of 2009, productivity jumped at the remarkable annual rate of 9½%. On Friday, the Labor Department also reported that the October unemployment rate in the United States increased to over 10% for the first time in more than 25 years. The productivity numbers were not entirely ignored,... Posted on November 8, 2009 at 06:03 pm
The Right Coast
The Right Coast
Thoughts from San Diego on law, politics, and culture. By Gail Heriot, Mike Rappaport, Tom Smith and Maimon Schwarzschild.
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Nov 20
More science fraud and criminal behavior Tom Smith
Man, this is really bad. This isn't just scientific fraud, this is (assuming it's not some sort of elaborate hoax, which it sure does not seem to be) a major criminal conspiracy. These so-called scientists seem to be motivated by getting huge grants, millions of dollars, and presumably winning their case. They seem utterly cynical. What bastards. Posted on November 20, 2009 at 11:06 pm by Tom Smith -
Nov 20
AGW scandal; link to download hacked data Tom Smith
I think this is going to be a big scandal. This is really bad. These guys will be lucky to stay out of jail. It's green alright, as in greenbacks. FileDropper Free File Hosting Posted on November 20, 2009 at 10:27 pm by Tom Smith -
Nov 20
Condemned to an early death: Rationing body tells liver cancer victims that life-prolonging drug is 'too costly' | Mail Online Tom Smith
Dr Harpreet Wasan, a cancer consultant at London's Hammersmith Hospital, said: 'This cancer is not like any other cancer. There is no alternative treatment. Every other drug that has been tried fails to work. via www.dailymail.co.uk Posted on November 20, 2009 at 10:18 pm by Tom Smith
Science & Law Blog
Science & Law Blog
Covers science and technology. By Professors David L. Faigman, David H. Kaye, Michael J. Saks, Joseph Sanders, and Edward K. Cheng.
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Aug 16
About Science & Law Blog
The Law Professor Blogs Network has ceased publication of this blog. Posted on August 16, 2009 at 11:15 am by Joe Hodnicki -
Jun 21
Osborne and the Right to Post-conviction DNA Testing (II)
On November 8, 2008, I outlined the issues in the Osborne case that the Supreme Court decided a few days ago (June 18, 2009). The Court avoided the core issue of whether a prisoner has a right to be released... Posted on June 21, 2009 at 07:56 pm by Science Guy -
Apr 18
Taking Liberties with the Numbers
This month's issue of the California Lawyer perpetuates the confusion in the media about DNA database trawls. In an article entitled "Guilt by the Numbers: How Fuzzy is the Math that Makes DNA Evidence Look So Compelling to Jurors?," award-winning... Posted on April 18, 2009 at 04:54 pm by Science Guy
Cases and Materials on Business...
Cases and Materials on Business Entities
Covers new developments in business entity law. By Seattle University Schoo of Law Professor Eric A. Chiappinelli.
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Mar 25
Delaware Supreme Court on good faith and the duty of loyalty in a Revlon setting
The Delaware Supreme Court, sitting en banc, has held that the Court of Chancery erred when it ruled that liability for breach of the duty of loyalty in a bad faith context could be imposed without a showing of intent. In Lyondell Chemical Co. v. Ryan, Lyondell received an unsolicited all cash all shares offer at a substantial premium to the market. Lyondell had made no effort to sell itself or seek a strategic partner and the company was economically viable. The board delegated much of the... Posted on March 25, 2009 at 08:34 pm by Eric Chiappinelli -
Sep 15
South Dakota Supreme Court on LLC dissolution
The Supreme Court of South Dakota has held that an LLC may be dissolved when two of four members refuse to renegotiate the terms of an agreement between the LLC and those two members. In Kirksey v. Grohmann, four sisters were left equal ownership interests in a ranch when their mother died in 2001. The ranch had been in the family for over 100 years. They formed an LLC the next year to hold title to the ranch. They did so for tax advantages, to keep the land within the family, and to keep the... Posted on September 15, 2008 at 11:00 am by Eric Chiappinelli -
Sep 3
Delaware Court of Chancery on good faith and the duty of loyalty in a Revlon setting again
The Delaware Court of Chancery has erroneously held that it was correct in its earlier decision to permit a case to survive summary judgment under Stone v. Ritter without facts indicating that the defendants intended to violate a known duty. In Ryan v. Lyondell Chemical Co. (Ryan II) (letter opinion dated August 29, 2008) (HT Francis Pileggi here), Vice Chancellor Noble took 26 pages to decide defendants' motion for certification of an interlocutory appeal of his earlier decision in the... Posted on September 3, 2008 at 02:50 am by Eric Chiappinelli
Martin George - Law Tutor &...
Martin George - Law Tutor & Academic
By a Postgraduate Teaching Assistant.
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Feb 28
Hello world!
Welcome to WordPress. This is your first post. Edit or delete it, then start blogging! Posted on February 28, 2009 at 04:26 pm by admin -
Dec 31
Research Assessment Exercise 2008
The 2008 RAE results. The Guardian has produced a league table for Law based on the average ranking (GPA) for each institution, and John Gardner (Oxford) has gone several steps further and calculated the ranking based upon: % of 4* research; % of 4* and 3* research; staff submitted x 4*; staff submitted x 4* and 3*; staff submitted x GPA. Posted on December 31, 2008 at 09:17 am by admin -
Dec 24
Merry Christmas and a Happy New Year!
From everyone at Conflict of Laws .net, we wish you a very Merry Christmas (or Happy Holiday, as the case may be), and an excellent New Year. Just in case you're not yet in the festive spirit, here's White Christmas, as sung by The Drifters, performed by Santa and his reindeers: Posted on December 24, 2008 at 05:24 am by admin
Nancy Rapoport's Blogspot
Nancy Rapoport's Blogspot
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.
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Nov 19
Continental Airlines sees box, refuses to think in or out of it.
I am sitting on a "weather-delayed" (or could it be the delay caused by the massive computer glitch, here?) flight from Austin to Houston IAH, hoping to get there in time to board my flight from Houston to New Orleans. I need to be in New Orleans TONIGHT, because I'm testifying in a court case tomorrow morning. When I called Continental to see what it could do if I missed my connection, the customer agent (yes, I've omitted the word "service"--intentionally) told me that all other flights were... Posted on November 19, 2009 at 08:38 am by Nancy Rapoport -
Nov 18
Law students, grammar, and the practice of law
I'm hearing through the grapevine that some of my law students were unhappy with the grades that they received on their group papers this semester. I told them to find a movie with legal ethics issues and write about those issues. (Sneaky way to reinforce what they're learning, eh?) The good news: for the most part, they did good work analyzing the ethics issues in the movies. The bad news: most of them made proofreading and grammatical mistakes. The statistics: because virtually every group... Posted on November 18, 2009 at 10:27 pm by Nancy Rapoport -
Nov 17
Well, duh....
The SuperLawyers law school rankings are out (see here for a leak of the results). As I predicted (here), older and bigger schools did well; younger and smaller schools (except for Yale, which counts as "older") did poorly. I had emailed SuperLawyers to find out if its methodology was going to factor age and size of school into account. The folks there were very nice, but noncommittal--and you can see for yourself that the results show what I'd predicted. Speaking of nice, I had occasion to... Posted on November 17, 2009 at 01:21 am by Nancy Rapoport
Stanford Center for Internet and...
Stanford Center for Internet and Society Blogs
Covers civil rights and technological innovation.
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Nov 18
ACLU of Northern California Launches dotRights
The ACLU of Northern California has officially launched dotRights, a comprehensive set of materials and tools to learn about, and act upon, privacy and free speech on the Internet. Complete with an interactive village covering topics from cloud computing to e-book privacy, this website and campaign represent a game-changing resource for anyone (company, activist, regulator, or consumer) who cares about privacy and free speech on the Internet. Congratulations and great work! PS: You can follow... Posted on November 18, 2009 at 01:42 pm by Ryan Calo -
Nov 16
An Unpoular View of Google Books
I'm starting to feel like the only person who thinks the Google Books settlement with authors and publishers is a good deal. One voice that seems not to be heard, however, over the din of Google competitors, panicky law professors, and regulators who wouldn't know a workable solution to a copyright problem (created by regulators) if it bit them, is anyone speaking for consumers. My opinion piece today on CNET (see http://news.cnet.com/8301-1023_3-10398838-93.html?tag=mncol;title) argues that... Posted on November 16, 2009 at 06:24 pm by Larry Downes -
Nov 16
These Hobbyists Add to Calculators, Multiplying Their Fun
The Electronic Frontier Foundation and I are mentioned in this Wall Street Journal article about TI calculator hackers and the law. Posted on November 16, 2009 at 11:25 am by Jennifer Granick
Oyez Supreme Court Multimedia: New...
Oyez Supreme Court Multimedia: New Media Releases
New and Updated Audio from The Oyez Supreme Court Multimedia Project.
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Oct 20
DeShaney v. Winnebago County - Oral Argument
Posted on October 20, 2009 at 04:52 pm -
Oct 20
DeShaney v. Winnebago County - Oral Argument
Posted on October 20, 2009 at 04:52 pm -
Oct 16
Cole v. Young - Oral Argument
Posted on October 16, 2009 at 02:17 pm by jgoldman
Environmental Law Prof Blog
Environmental Law Prof Blog
By Willamette Univeristy Law Professor Susan L. Smith.
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Oct 4
About Environmental Law Prof Blog
If you are interested in serving as an editor of Environmental Law Prof Blog for the Law Professor Blogs Network, please contact Paul Caron and Joe Hodnicki by email. Posted on October 4, 2009 at 04:50 am by Joe Hodnicki -
Sep 23
Conn. v. Amer. Electric Power Co. public nuisance case
John Bonine sent out an immediate e-mail to the ENVLAWPROF listserve, giving a succinct summary of the 2nd Circuit's opinion in the Connecticutt v. American Electric Power Co. public nuisance. He's given me permission to share it with you: An... Posted on September 23, 2009 at 12:13 pm by enr -
Sep 23
Here's something to aspire to:
Green Buildings: Is Your City in the Top Ten? The U.S. Green Building Council ranked cities across the country with the most LEED certified green buildings. A total of 88 green buildings makes Chicago number one. Portland and Seattle follow... Posted on September 23, 2009 at 12:07 pm by enr
Lessig Blog
Lessig Blog
Covers copyright, creative commons, politics, telecom, good/bad code and good/bad laws. By Stanford University Law Professor Lawrence Lessig.
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Aug 20
Announcing the hibernation of lessig.org/blog (from the blogs-deserve-a-sabbatical-too department)
So my blog turns seven today. On August 20, 2002, while hiding north of San Francisco working on the Eldred appeal, I penned my first (wildly and embarrassingly defensive) missive to Dave. Some 1753 entries later, I'm letting the blog rest. This will be the last post in this frame. Who knows what the future will bring, but in the near term, it won't bring more in lessig.org/blog. The reasons are many. First, as I peer over the abyss of child number 3 (expected in a couple weeks), I can't begin... Posted on August 20, 2009 at 03:15 am -
Aug 20
Remix supporting a Medieval world (as critics have insisted)
Five-year old Felix's mom, Kierstin, sent me this image a bit ago. "I thought you would get a laugh out of these photos where your Remix became a crucial supporting wall for a Medieval Castle, manned by Playmobile guards and a plastic dinosaur." Indeed. Posted on August 20, 2009 at 03:09 am -
Aug 20
REMIX unmixed
Dave Wiley has an interesting idea he calls unmixing (in contrast to remixing), which he demonstrates with the first bit of REMIX. Basically, using Yahoo's BOSS, he reassociates every three words to another text on the web. Give it a look. (I think I'd call it re-remixing). Posted on August 20, 2009 at 03:06 am
University of Houston Law Center...
University of Houston Law Center Faculty Blog
Covers elections, environmental law and intellectual property.
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Jan 23
What should we learn from disasters affecting children?
Together with the ABA, the UHLC's Center for Children, Law & Policy has published a book on the effect of the hurricanes of 2005 on children. It is filled with interdisciplinary insights about what happened to children in families, foster care, and the juvenile justice and educational systems. Our contributing scholars have a lot to say about how legal deficiencies inhibited the best short and long term responses and about how to achieve better outcomes the next time disaster strikes. In my... Posted on January 23, 2009 at 02:33 pm -
Jan 23
On Grading
/**/ One of the most important faculty functions (apart from the education of budding lawyers) is to appraise the abilities of students based upon a single snapshot known as the "final exam" or "final." The grade ultimately earned by the exam taker reflects the professor's appraisal of the student based solely on what the student wrote on that exam. The difficulty with grading is not with the administering of the final exam, but rather how students and faculty perceive the discourse on grades.... Posted on January 23, 2009 at 07:37 am -
Sep 10
Drilling Down Into Gov. Palin's Energy 'Experience'
Say what you will about the selection of Alaska Governor Sarah Palin for the Republican Vice Presidential slot, but one inarguable fact remains: she is the only candidate on either ticket with direct energy policy experience. Palin spent one year as chairwoman of the Alaska Oil and Gas Conservation Commission, and as governor of Alaska she has received positive reviews for her work on energy issues ranging from natural gas pipeline construction to patchy statewide shortages of energy. But if... Posted on September 10, 2008 at 08:17 am
Displacement of Concepts
Displacement of Concepts
Thoughts on technology, innovation, law, legal education, economics, cyberspace, and intellectual property. By Professor Robert Heverly.
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Mar 4
We've moved . . .
Okay, so it's only me now, but still, I've moved. To here. If for some reason you've still been visiting here, well then, please update your links. If you're visiting looking for something, then pay me a visit at my new location.... Posted on March 4, 2008 at 08:47 am by RHeverly -
Oct 14
Return of the Trusted Technology Fallacy and Film Distribution
I've written before about the trusted technology fallacy, the policy-making and problem-solving position often taken by governments and businesses that technology, or more particularly, a particular technology can "solve" a particular problem. This is simply never the case. Problems are complex, and simple or "silver bullet" solutions do not work. There are many reasons for this, but primary among them... Posted on October 14, 2006 at 03:36 am by Rob Heverly -
Oct 14
Back
I've not posted here in quite some time. An embarassingly long time, in all honesty. I'm hoping to start again, though this is a particularly busy time for me. That said, a news story I read this morning moved me to start again. Posts will probably be shorter than in the past, and probably with fewer links. But hopefully they'll... Posted on October 14, 2006 at 01:19 am by Rob Heverly
blackprof.com
blackprof.com
Comment and analysis on life, law, society and politics. By Professors Paul Butler, Christopher Bracey, Devon Carbado, Richard Delgado, Sherrilyn Ifill, Shavar Jeffries, Tracey Meares, Spencer Overton, Terry Smith, and Adrien Wing.
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Nov 1
What You What You Know 'Bout Me?
What does a law professor look like? I have often asked this question of myself, especially when confronted with professed disbelief that I could be a legal academic. "But you don't look like a law professor!" At times I too participate in the aesthetic deception, avoiding disclosure of my employment from others. Discovery of my interest in family law and estates has triggered one too many unsolicited "story hours" about someone's friend's uncle's girlfriend's father in Terre Haute. It is then... Posted on November 1, 2007 at 07:51 pm -
Oct 25
Watson is suspended, then retires from Cold Spring Harbor
After an intense week of public reproval for making racist remarks. 1962 Nobel Prize winner, James D. Watson was suspended from his position as Chancellor and board member of the prestigious Cold Spring Harbor Laboratory as a censure for his remarks. The 79 year old Nobel winning scientist resigned today in ignominy. The NYT contains this story with the separate statements made by Cold Springs Harbor and Watson. The NYT reports that: "He also referred to his Scots and Irish forebears, saying... Posted on October 25, 2007 at 09:46 am -
Oct 22
Technical Problems at BlackProf
Dear BlackProf Community: As many of you are aware, the site has been suffering a handful of technical problems in the past few weeks. BlackProf remains committed to providing quality community space for public discourse on issues of race, culture, and society. Please bear with us as we work to resolve our technical problems as quickly as possible. As always, we thank you for your continued support. Posted on October 22, 2007 at 12:51 pm
Podcasts at Rutgers School of Law...
Podcasts at Rutgers School of Law - Newark
Audio and Video broadcasts of interesting lectures and events taking place at Rutgers School of Law in Newark, New Jersey.
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Oct 3
The Rehnquist Legacy in Criminal Procedure
Robert A. Lucas, Professor of Law at the University of Indiana Law School (Bloomington), was the featured speaker on this program. Prof. Bradley has recently edited a collection of essays entitled "The Rehnquist Legacy," published by Cambridge University Press. His contributions to the collection are an essay introducing the collection and an essay entitled "The Fourth Amendment: Be Reasonable." After Prof. Bradley speaks, three commenters gave responses: George Thomas, Elizabeth Rapaport, and... Posted on October 3, 2007 at 05:00 pm -
May 22
New Jersey Law Librarians Association 2007 Annual Business Meeting and Program Part two
Our meeting venue, Liberty Hall, is acclaimed as a New Jersey treasure, a gift of history from the Kean family. Our speaker, Mark Lender, history professor at Kean, is working on the recent George Washington letter discovery. Read more about Liberty Hall in the Star Ledger articles on May 6th "A priceless historic gift from state's first family" and May 10th "Opening the door to the past". Posted on May 22, 2007 at 05:00 pm -
May 22
New Jersey Law Librarians Association 2007 Annual Business Meeting and Program Part one
Prof. Lender addressed the provocative question of whether a constitutional amendment can be declared unconstitutional. Posted on May 22, 2007 at 05:00 pm
Weatherall's Law: IP in the land...
Weatherall's Law: IP in the land of Oz (and more)
Covers intellectual property in Australia. By Melbourne University's Kimberlee Weatherall.
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Jan 10
Postscript
I know, it kind of ruins the symmetry to post again, after 'The Last Post'.However, just after posting that last post, I got an email from Bill Patry, to let me know of the publication of his new treatise. It can't pass without comment. Bill, whose blog is filled with interesting points of statutory history on copyright, is one of the relatively small number of US academics who genuinely pays Posted on January 10, 2007 at 08:42 pm by Kim -
Jan 9
The Last Post (and five things you didn't know about me)
I have been tagged by the 'Five Things You Don't Know About Me' Meme that is doing the rounds (thanks Abi). (Like Starkoff, I'm not tagging anyone else). So here goes:I have two brothers. They are both doctors. I have two sisters-in-law. They, too, are doctors. I studied law to be different from my older brother. Little did I know...The only computer programming I have ever done was in Posted on January 9, 2007 at 03:33 pm by Kim -
Dec 18
Reactions to the Cooper decision
Various reactions to the 'linking is authorisation' Cooper decision handed down yesterday by the Full Federal Court:I commented yesterday (summary? 'troubling'. 'Have we, or have we not just had a very extended debate about copyright law in Australia? Was not one of the memes in that debate the idea that copyright ought to 'work' in a digital environment? Are not search engines, and links, Posted on December 18, 2006 at 09:00 pm by Kim
The Law and Economics Podcast
The Law and Economics Podcast
Lectures, panels and discussions of policy, law and economics. From the Journal of Law, Economics & Policy at George Mason University School of Law.
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Nov 25
Insider Trading Symposium - January 27, 2007
/**/ Insider Trading Symposium January 27, 2007 Click here to register for this event Speakers Include: SEC Commissioner Kathleen L. Casey. Commissioner Casey was appointed by President George W. Bush to the U.S. Securities and Exchange Commission and sworn in on July 17, 2006. Prior to being appointed Commissioner, Ms. Casey spent 13 years on Capitol Hill. Before her appointment as Commissioner, she served as Staff Director and Counsel of the Senate Banking, Housing, and Urban Affairs... Posted on November 25, 2006 at 09:42 am -
Nov 16
Online Gambling Regulation
/**/ Will Federal Banking Regulations Force Online Casinos to Fold? Until recently, online casinos operated outside of the reach of the United States Government. Now, in an innovative effort at law making, Congress has charged banks and other financial institutions with preventing the operation of online casinos in the US market. By requiring banks to shun transactions from gambling sites, Congress hopes to cut off the interaction between sites and their customers on US soil. Whether this will... Posted on November 16, 2006 at 07:27 am -
Aug 16
Empirical Analysis: Anticompetitive Barriers to E-Commerce
The Journal of Law, Economics, & Policy at George Mason University School of Law is pleased to present a panel discussion of the empirical analysis of e-commerce from the Anticompetitive Barriers to E-Commerce Symposium. Moderator: Jerry Ellig, Mercatus Center "Public versus Private Restraints on the Online Distribution of Contact Lenses: A Distinction with a Difference" - James C. Cooper, Federal Trade Commission "Real Estate Brokerage and E-Commerce: A Framework for Empirical Analysis" -... Posted on August 16, 2006 at 07:04 pm
Conversations in Law at Hamline
Conversations in Law at Hamline
Series of audio recordings on Law, Leadership and Legal Education from Hamline University School of Law.
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Feb 1
Democracy and Virtue: Optimism or Faith?
Jeffrey Stout's recent book, Democracy and Tradition, sounds an optimistic note about the possibility of identifying and recovering an American democratic tradition that is morally robust enough to provide a foundation for a re-thinking of the common good, ?a raft of hope? in a sea of popular despair about the prospects about a just, humane and morally healthy pluralistic democracy. Posted on February 1, 2005 at 07:16 am
The Right Coast
The Right Coast
Thoughts from San Diego on Law, Politics, and Culture. Published by Gail Heriot, Mike Rappaport, Tom Smith, and Maimon Schwartzschild, Professors of Law at University of San Diego School of Law.
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Nov 22
The Climate E MailsMike Rappaport
One additional thing worth pointing out about these emails. They are hardly unexpected. For anyone following this issue, it is clear that the method of operation of the global warming folks is to use the consensus of the scientists as a club to shut up any opposition. But it is also obvious that the global warming science is just too undeveloped and difficult to support any such consensus. (This is not to prejudge what the science may eventually produce.) Thus, the consensus needs to be... Posted on November 22, 2009 at 12:17 am by Mike Rappaport -
Nov 21
Interesting CRU email analysis Tom Smith
Over at JamulBlog. It will be interesting to see how many eyes will analyze this data. Over time an impression of what the warmer scientisticalists were up to will emerge. I recant now from calling this what looks like a major criminal conspiracy. That was overheated. Something like, a spontaneous and coordinated effort to distort the record as necessary, which may have involved crimes, may be more accurate. But I still view data cooking in connection with something like this a very bad thing. Posted on November 21, 2009 at 05:09 pm by Tom Smith -
Nov 21
It wasn't a hack, it was a leak Tom Smith
Probably. I must say, the ethics of this bother me very little. You have a public institution, subject to FOIA laws in the UK, inside of which are people who are deliberately taking steps to prevent information getting out, including evidently the destruction of data, quite possibly in violation of law. Some anonymous whistle blower inside, for unknown reasons, but plausibly including distaste at what he/she saw going on, decides to FTP the whole kit and kaboodle to a server in Russia, but this... Posted on November 21, 2009 at 01:02 pm by Tom Smith
Ideas
Ideas
By Professor David Friedman.
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Nov 20
Europe and American Politics
In a recent discussion of E.U. legal issues, someone proposed a hypothetical-the U.S. joining the European Union. It occurred to me that reactions to that scenario provide an interesting slant on U.S. attitudes. To some, probably including a majority of those in the room, it sounds like a dream too good to be true. To others it sounds more like a nightmare. It is one of the lines along which Americans divide. Many see western European societies as more civilized, humane, intelligent than ours.... Posted on November 20, 2009 at 03:09 pm by David Friedman -
Nov 19
Wanted: Retro Servers
Over the past few years, World of Warcraft has had two major expansions. Each raised the top limit on character level, added new areas to play in and new quests to do-targeted mainly at high level characters, since they were the ones who had already done most of the interesting stuff in the previous version of the game. This raised a problem for a new player or a player with a new character. Before getting to the fun new stuff he had to spend a lot of time "leveling" his character to get him up... Posted on November 19, 2009 at 03:38 am by David Friedman -
Nov 18
My Recent Lectures
This year I have been recording my public lectures-when I remember-and webbing them. So if you want something to listen to while driving, or in the bath, feel free. Alternatively, you could listen to the podcasts of my novel. Posted on November 18, 2009 at 02:19 pm by David Friedman
Aviation Law Prof Blog
Aviation Law Prof Blog
By DePaul University Law Professors Brian F. Havel, Michael S. Jacobs and Andrew Eastmond.
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Nov 20
An Interesting Read From the oneworld Docket
Despite the Department of Transportation's promise to render a decision by October 30, the oneworld Alliance's antitrust immunity docket continues to swell with new filings. On Monday, Virgin Atlantic let loose another volley of criticism at proposed link-up, comparing recent... Posted on November 20, 2009 at 02:19 pm by Aviation LawProf -
Nov 20
What AA, Delta Have to Gain
Market Place, the syndicated business radio show produced by American Public Media, has a good story up online about American and Delta's efforts to court JAL into their respective alliances. See Market Place, What AA, Delta Gain From a JAL... Posted on November 20, 2009 at 02:03 pm by Aviation LawProf -
Nov 18
SkyTeam's Bold Move
A new story in the Wall Street Journal is reporting that Delta Air Lines and the other members of the SkyTeam Alliance are willing to provide over $1 billion in funding to the struggling JAL if it jumps ship from... Posted on November 18, 2009 at 10:24 pm by Aviation LawProf
Sexual Orientation and the Law...
Sexual Orientation and the Law Blog
By Professors Sara R. Benson and William B. Turner.
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Nov 20
At hearing for EEOC post, Chai Feldblum disavows statement on alternative families
In 2006, Chai Feldblum, a professor at Georgetown Law Center and current Obama nominee to the EEOC, signed a statement titled "Beyond Same-Sex Marriage: A New Strategic Vision For All Our Families and Relationships." The statement was signed by prominent... Posted on November 20, 2009 at 02:00 am by lgbtlaw blogger -
Nov 19
NY court rejects challenge to recognition of out-of-state marriages
Our colleague Ruthann Robson at Con Law Prof Blog reports that New York's highest court today (download here) affirmed the rejection of a taxpayer challenger to directives by executive and county officials that recognize out-of-state same-sex marriages for purposes of... Posted on November 19, 2009 at 07:50 pm by lgbtlaw blogger -
Nov 16
Buenos Aires officials won't appeal marriage equality ruling
The government of Argentina's capital will not appeal a court decision this week that legalizes same-sex marriage, CNN reports. The court struck down two articles in the city's civil code that say only people of different sexes can get married.... Posted on November 16, 2009 at 06:46 am by lgbtlaw blogger
The Antitrust Hotch Potch
The Antitrust Hotch Potch
Offers critical comments on EC competition law and policy. By Professor Damien Geradin and Nicholas Petit.
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Nov 20
Commission confirms sending of Statement of Objections to Standard & Poor's
Interestingly, the Commission seems to go after another company for "excessive pricing". I have never been convinced that competition authorities should regulate prices for a number of serious reasons. moreover, exploitative cases can lead to serious mistakes. The Commission seems to be of a different opinion. See its press release: The European Commission can confirm that on 16 November 2009 it sent a Statement of Objections (SO) to Standard & Poor's (S&P), a division of McGraw-Hill... Posted on November 20, 2009 at 12:48 am by Damien Geradin -
Nov 18
Decision of the European Ombudsman closing his inquiry into the Intel against the European Commission
The very important decision of the EU Ombudsman on the Intel's complaint against the European Commission for procedural irregularities has now been published. The decision does not look good for the Commission. Whether or not this will have an impact on Intel's appeal to CFI against the Commission's decision of 13 May 2009 finding Intel in breach of Article 82 EC for exclusionary rebates is an open question. Here is a short summary of the findings of the EU Ombudsman: On 10 July 2008, the... Posted on November 18, 2009 at 11:55 pm by Damien Geradin -
Nov 18
42nd Lunch Talk of the GCLC – 26 November 2009
The 42nd Lunch Talk on Recent trends in the Commission's Review of Airline Mergers will take place on 26 November 2009. The speakers: Daniel Boeshertz from DG COMP and Sven Voelcker from WilmerHale. The registration form can be downloaded here. Posted on November 18, 2009 at 02:14 pm by Damien Geradin
The Yin Blog
The Yin Blog
Covers law, politics, pop culture, sports, and a touch of Iowa. By University of Iowa professor Tung Yin.
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Nov 19
How incompetent was Capt. Picard, anyway?
Last night, while watching the preposterous but nevertheless entertaining "Star Trek: Next Gen" episode where a rampant virus makes everyone on the Enterprise "devolve" into giant spiders, lemurs, and other creatures, I had an insight. This is yet another episode where if it weren't for the fact that the Enterprise happened to be fortunate enough to have had Data on board, it would have been destroyed or lost. (Don't even get me started on the times Wesley Crusher saved the ship!) Yet, we know... Posted on November 19, 2009 at 02:39 pm by Tung Yin -
Nov 13
US to prosecute KSM in federal court
Not all Guantanamo detainees are going to face trial in an Article III (federal) court, but September 11 mastermind Khalid Sheikh Mohammed and his key associate Ramzi Binalshibh will. President Obama's statement was: "I'm absolutely convinced that Khalid Shaikh Mohammed will be subject to the most exacting demands of justice," Mr. Obama said. "The American people insist on it, and my administration insists on it." I have to admit, I'm not altogether certain what it means that KSM "will be... Posted on November 13, 2009 at 01:34 pm by Tung Yin -
Nov 5
A quick thought on ABC's "FlashForward"
Spoilers up to 11/5/09! I've been watching ABC's serial sci-fi drama "FlashForward" almost in real-time, meaning that it just sits on my TiVo for an hour or so. (To put it in context, I haven't gotten around to the "V" re-make yet, despite having high hopes for it.) In "FlashForward," everyone on the planet -- except for one creepy person spotted in a baseball stadium surveillance camera -- blacks out at exactly the same time, for 2 minutes, 17 seconds. Thousands are people are killed in plane... Posted on November 5, 2009 at 11:34 pm by Tung Yin
Food Law Prof Blog
Food Law Prof Blog
By Professor Donna Byrne.
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Nov 18
USDA Report Reveals Highest Rate Of Food Insecurity Since Report Was Initiated In 1995
USDA News Release, Nov. 16, 2009: USDA's Economic Research Service's (ERS) today released its annual report on Household Food Security in the U.S., which revealed that in 2008, 17 million households, or 14.6 percent, were food insecure and families had... Posted on November 18, 2009 at 01:06 pm by FoodLaw Blogger -
Nov 17
Cargill Canola Stopped at Border (from Food Safety News)
Cargill Canola Stopped At Border By FDA by Dan Flynn | Nov 17, 2009 It is not too far-fetched to say that trainloads of canola oil manufactured at Cargill Limited's seed processing facility at Clavet, Saskatchewan are being turned back... Posted on November 17, 2009 at 03:45 pm by FoodLaw Blogger -
Nov 17
FDA and Oyster Policy (from Food Safety News)
From Food Safety News: Caving under the weight of a political firestorm over its proposed rule to reduce Vibrio vulnificus poisoning from raw oysters, the U.S. Food and Drug Administration (FDA) announced yesterday it is putting the proposal on hold... Posted on November 17, 2009 at 03:38 pm by FoodLaw Blogger
Irish Law Updates
Irish Law Updates
Updates on Irish and Northern Irish Law. By Darius Whelan.
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Nov 17
Forthcoming Events
The list of forthcoming Irish Law events has been updated. The full list appears here. To subscribe to the Irish Law site e-mail updates list, fill in the form here. Sample events on the list: Thu.19 Nov.'09: Mental Health in Prison - Dublin [www.iprt.ie] Sat. 21 Nov.'09: Economic, Social and Cultural Rights - Making States Accountable - Annual Human Rights Conference of the IHRC and the Law Society of Ireland, Dublin http://www.ihrc.ie/home/wnarticle.asp?NID=241&T=N&Print= Wed.25... Posted on November 17, 2009 at 02:39 pm by Darius -
Jul 21
An Bord Snip and the Legal System
Colin Scott has a useful blog post on An Bord Snip's proposals regarding the legal system here. Join in the lively discussion in the comments section. Posted on July 21, 2009 at 05:10 am by Darius -
Jul 13
Data Retention Bill
Both the Irish Times and the Irish Examiner report this morning that the Data Retention Bill is due to to be published today, when it was actually published on Friday. Posted on July 13, 2009 at 01:34 am by Darius
Dissenting Justice
Dissenting Justice
Provides commentary on law, politics and justice. By Professor Darren Hutchinson.
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Nov 16
Audit Criticizes Federal Reserve Bank of New York for Handling of AIG Bailout
The New York Times reports that a government investigation faults the Federal Reserve Bank of New York for failing to use its "considerable leverage" when it decided to pay AIG's banking creditors the full value of their insured risk. AIG "insured" risky financial transactions of its investment banking clients, like Goldman Sachs. AIG, however, failed to maintain enough reserve assets to cover to extent of the financial risk it insured. When the investments soured, the investment banks came to... Posted on November 16, 2009 at 11:51 pm -
Nov 15
The Onion Eerily Accurate: Lampoons Lunatic Rightwing Arguments About the Constitution
The Onion continues to outshine the mainstream media. While the media passively report the silliest arguments rightwingers advance regarding the Constitution, The Onion has actually challenged this rubbish. The article, Area Man Passionate Defender Of What He Imagines Constitution To Be, responds to many of the paranoid and baseless arguments that the extreme right has made since Obama became president. Here is a snip: According to Mortensen-an otherwise mild-mannered husband, father, and... Posted on November 15, 2009 at 05:28 am -
Nov 15
Rightwing Fecal Matter Alert: Obama Bows in Japan, World Ends
The rightwing has spewed smelly fecal matter before, but the latest is the most odoriferous in recent memory. Rightwing bloggers and other commentators are having a nervous breakdown because President Obama bowed when he met with Emperor Akihito of Japan. The blog Hot Air -- which operates as a clearinghouse for rightwing fecal matter -- has unearthed a New York Times article from 1994, which supposedly "blasts" President Clinton for bowing before Akihito. The article, however, does not blast... Posted on November 15, 2009 at 05:22 am
The Shout
The Shout
Covers wiretaps, privacy, copyright, and free speech. By Jennifer Granick.
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Nov 16
These Hobbyists Add to Calculators, Multiplying Their Fun | Electronic Frontier Foundation
The Electronic Frontier Foundation and I are mentioned in this Wall Street Journal article about TI calculator hackers and the law. Posted on November 16, 2009 at 11:24 am by jennifer -
Nov 10
Convicted Murderer To Wikipedia: Shhh!
In Germany, you can't publish the names of murderers after some years have passed since the crime. So a convicted murderer's lawyers wrote to Wikipedia and asked them to take his name off of the webpage about his victim. Read my take on this First Amendment issue on the EFF blog. Posted on November 10, 2009 at 09:18 pm by jennifer -
Nov 4
November 3, 2009 Election Results
Department of Elections Official Results Hello, Friends, Romans, Republicans: Here are the election results for yesterday's balloting, with 15% of the electorate weighing in. Dennis Herrera is City Attorney Jose Cisneros is Treasurer PROPOSITION A: Two Year Budget Cycle: Yes PROPOSITION B: Board of Supervisor Aides: Yes PROPOSITION C: Candlestick Park Naming Rights: Yes PROPOSITION D: Mid-Market Special Sign District: No PROPOSITION E: Advertisements on City Property: Yes That is all until next... Posted on November 4, 2009 at 08:56 am by jennifer
Walter Hutchens' Blog
Walter Hutchens' Blog
Writing about China, law and technology. By University of Maryland Robert H. Smith School of Business Professor Walter Hutchens.
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Nov 15
Weekly Twitter Updates
Mainland property co. IPO (real estate dev.) in Hong Kong, 20th HK listing of mainland prop. co since 2003: China Daily http://bit.ly/2C6Sfp # Editor Hu Shuli quits Caijing, mainland China media brightspot, amid squabbles re ed policy, power, $ http://tinyurl.com/ybnsn7n via @rmack # "Firm Sues Fired Associate Who Launched Firm Gripe Site" Claims cybersquatting not defamation. Solid [...] Posted on November 15, 2009 at 10:59 pm by Walter Hutchens -
Nov 15
Weekly Twitter Updates
Mainland property co. IPO (real estate dev.) in Hong Kong, 20th HK listing of mainland prop. co since 2003: China Daily http://bit.ly/2C6Sfp # Editor Hu Shuli quits Caijing, mainland China media brightspot, amid squabbles re ed policy, power, $ http://tinyurl.com/ybnsn7n via @rmack # "Firm Sues Fired Associate Who Launched Firm Gripe Site" Claims cybersquatting not defamation. Solid [...] Posted on November 15, 2009 at 10:59 pm by Walter Hutchens -
Nov 15
Weekly Twitter Updates
Mainland property co. IPO (real estate dev.) in Hong Kong, 20th HK listing of mainland prop. co since 2003: China Daily http://bit.ly/2C6Sfp # Editor Hu Shuli quits Caijing, mainland China media brightspot, amid squabbles re ed policy, power, $ http://tinyurl.com/ybnsn7n via @rmack # "Firm Sues Fired Associate Who Launched Firm Gripe Site" Claims cybersquatting not defamation. Solid [...] Posted on November 15, 2009 at 10:59 pm by Walter Hutchens
BioLaw
BioLaw
Covers law and the life sciences.
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Nov 4
IUCN Red List Update
IUCN has released its annual update to the Red List. Of the nearly 50,000 species surveyed, close to 20,000 are threatened. In other words, more than 1/3 of the species evaluated by IUCN are vulnerable, endangered or critically endangered. It is high time that biodiversity loss receive at least the level of international attention that has recently been paid to climate change. As I have noted many times on this blog and elsewhere, perhaps linking those two issues will offer an opportunity for... Posted on November 4, 2009 at 12:57 am by Andrew Long -
Oct 10
A Broad Challenge to the FDA's Regulations: Botox Manufacturer Sues Asserting First Amendment Protection for Off Label Drug Claims
In a move that could undermine the FDA's premarket approval process for all health care products, the maker of Botox has filed a legal action against the government claiming first amendment protection for the distribution of "truthful, relevant information" to doctors regarding off-label uses of its drugs. As Natasha Singer of the New York Times reports: The Food and Drug Administration approves medicines for specific therapeutic indications. Once a drug is approved for a specific use, doctors... Posted on October 10, 2009 at 12:09 am by Katharine Van Tassel -
Sep 28
Part Three: The Relationship Between the Level of Regulation under the FDCA and the Health Status of a Product’s Targeted Population
An Introduction to the History of Quack Medicine In the late nineteenth and early twentieth centuries there was a remarkable growth in the marketing of sham products to treat and cure disease. At that time, the rate at which quack medicines were being introduced into the market far outpaced the development of the science necessary to establish the efficacy and identify the risks associated with each new product. This scientific lag time created a period when there was an information void that... Posted on September 28, 2009 at 01:15 am by Katharine Van Tassel
Freedom Now
Freedom Now
Reports From the Legal Side of the Free Software Movement. By Professor Eben Moglen.
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Nov 3
Bilski
SFLC and I recently filed a brief in Bilski v. Kappos, along with plenty of other lawyers, and I gave a talk about the case, and the future of patent law, at Cardozo Law School yesterday. The outpouring of amicus briefs in this case, which will be heard by the Court on N
