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1 Sep 10:36 pm
Get out the party hats and horns. The Employee Retirement Income Security Act ("ERISA") turns 40 years old today. Signing this legislation into law on September 2, 1974, U.S. President Gerald R. Ford proclaimed a new era, noting that "the men and women of our labor force will have much more clearly defined rights to pension funds and greater assurances that retirement dollars will be there when they are needed. Employees will also be given greater tax incentives to provide for their own retirement if a company plan is unavailable." Since 1974, change has not been a stranger.… [read post]
1 Sep 9:52 pm
The Tennessee Court of Appeals in the recent decision of Doris Guyear, Heir of Leroy Guyear, deceased v. Joey Blalock, et al No. M2012-01562-COA-R3-CV, 2014 WL 3697564 (Tenn. Ct. App. 2014) discussed efforts to collect on a promissory note that was owned by a deceased individual.  In this case, the owner of the promissory note died and his widow desired to collect on the promissory note as his heir.  She therefore filed a complaint in the name of his estate to collect on the promissory note.  The problem was, there was no estate opened.  The wife then amended the… [read post]
1 Sep 8:39 pm
Mark William Osler (University of St. Thomas - School of Law (Minnesota)) & Mark W. Bennett (U.S. District Court (Northern District of Iowa)) have posted A 'Holocaust in Slow Motion?' America's Mass Incarceration and the Role of Discretion (7 DePaul Journal for Social Justice 117 (2014)) on SSRN. Here is the abstract: Numbers don’t lie: America has suffered an explosion in imprisonment that has been fundamentally unrelated to actual crime levels. In this article, a federal District Court Judge and a former federal prosecutor examine the roots of this explosion with a focus on… [read post]
1 Sep 8:01 pm
THE UGLY FACE OF FEMALE SEXISM: Devastated wife tells how her husband died of a heart attack on Southwest Airlines flight after attendant refused to use a defibrillator on him because ‘his chest was too hairy.’ [read post]
1 Sep 8:01 pm
GIVEN THE CURRENT SEX PANIC, ONCE AGAIN HERE’S PROF. MARK PERRY: Before declaring that there’s a ‘rape epidemic’ in the US, has anybody bothered to check the actual data? Apparently not. We keep hearing in the news about a general “rape epidemic” in America and more specifically about a “campus rape epidemic.” A White House task force headed by Vice-President Biden tells us that “one in five female college students has been assaulted, but that just 12 percent of such attacks are reported.” I’ve demonstrated… [read post]
1 Sep 8:01 pm
This month we welcome Sarah Adams-Schoene to our ranks for a visit. Sarah Adams-Schoen is an Assistant Professor of Law and the Director of the Institute on Land Use & Sustainable Development Law at Touro Law. She has a B.A.,... [read post]
1 Sep 8:01 pm
Unlike most other states, Wisconsin does not recognize prisoners’ good behavior with credits toward accelerated release.  Wisconsin had such a “good time” program for well over a century, but eliminated it as part of the policy changes in the 1980s and 1990s that collectively left the state unusually — perhaps even uniquely — inflexible in its terms of imprisonment.  I’ve been researching the history of good time in Wisconsin in connection with a forthcoming law review article. Wisconsin adopted its first good time law in 1860, which placed… [read post]
1 Sep 7:59 pm
Jeff Litwak (Columbia River Gorge Comm'n) sends the following news: Last month, Willamette Law Online began summarizing decisions and orders of the Oregon Land Use Board of Appeals and making them available through its WLO subscription service. WLO provides an... [read post]
1 Sep 7:59 pm
Kevin LaCroix has some further thoughts on John Gorman's criticism of the proposal of FRB Governor Daniel Tarullo and certain academics that bank officers and directors should be held to a different (i.e., more stringent) fiduciary standard than officers and directors of other types of corporations. After discussing John Gorman's criticism of Tarullo's proposal (discussed here), LaCroix also discusses recent decisions by a federal district court judge in Georgia and the Georgia Supreme Court, the upshot of which is that while bank officers and directors (in Georgia, at least) are… [read post]
1 Sep 7:56 pm
Category: Infringement    By: Samuel Dillon, Contributor  TitleIntouch Technologies, Inc. v. VGO Comm., Inc., No. 2013-1201 (Fed. Cir. May 9, 2014).Issues[1] Claim construction[Whether the district court erred in construing] the ’030 patent claim term [a] “arbitrating to control” and the ’357 patent claim terms “arbitrator” and [b] “call back mechanism.”InTouch at *17 (text added).[2] Infringement[Whether the district court was correct to find that] all three [jury] verdicts of non-infringement [were]… [read post]
1 Sep 7:56 pm
Sepetmeber is here and that means our guest bloggers are rotating. We heartily welcome Celeste Pagano to the Land Use Profs Blog for a stint. Celeste Pagano is a Visiting Research Fellow at DePaul University College of Law. She held... [read post]
1 Sep 7:55 pm
Some jurors feel a certain amount of stress during trial. As a result, at least one jurisdiction has started to offer jurors brochures on how to decompress and deal with the stress that comes with certain trials. To access the brochure go here. To learn about other efforts to combat juror stress go here. [read post]
1 Sep 7:54 pm
Gamers take notice.  Your young age will not save you under the 2001 Patriot Act.  A 15 year-old was sentenced this week to 25 years to life in prison following two convictions for domestic terrorism.  A gamer fad called "Swatting" has become more and more frequent, putting the lives of these kids and their families in danger. Swatting is a gamer term used to describe the actions that gamers take against other gamers.  These gamers find out the ip address of the rival gamers, they can then gain personal information about that gamer, including the name and… [read post]
1 Sep 7:52 pm
Some jurors feel a certain amount of stress during trial. As a result, at least one jurisdiction has started to offer jurors brochures on how to decompress and deal with the stress that comes with certain trials. To access the brochure go here. To learn about other efforts to combat juror stress go here. [read post]
1 Sep 7:49 pm
A COUPLE OF 55-GALLON DRUMS OF TEQUILA, AND I’D CALL THAT A PARTY TO REMEMBER: Passion Natural Water-Based Lubricant – 55 Gallon. What’s amazing is that there’s only one left in stock. But the reviews are amusing. [read post]
1 Sep 7:47 pm
SCIENCE IN THE HANDS OF ANGRY LIBERAL ARTS MAJORS:  That DOJ attorneys are threatening scientists with criminal prosecution for the "return" of Kennewick Man, to Indian tribes whose ancestors were in Siberia when he died, is disgraceful. If only the Tsar knew what evil his ministers are doing. © 2007-2014 by the authors of Popehat. This feed is for personal, non-commercial use only. Using this feed on any other site is a copyright violation. No scraping. [read post]
1 Sep 7:36 pm
HH: Have a wonderful Labor Day. And I have put together for you the Labor Day special to end all Labor Day specials. This is the 15th year of my broadcast, and I’ve never known what to do with Labor Day. I’ve always known what I wanted to do with it, but I never had the experts and the assets to make it come to pass. And now, I finally do thanks to my friends at Hillsdale College. This is sort of an extended Hillsdale Dialogue in three hours, and you don’t want to miss any of it. It’s an ambitious project, and to do so, I have enlisted, of course, Dr. Larry… [read post]
1 Sep 7:32 pm
BECAUSE THEY FIGURE THE PRESS WILL COVER FOR THEM? Why Won’t Endangered Democrat Senate Candidates Repudiate Their Todd Akin? Democrat Amanda Curtis makes YouTube videos. Here are some of her greatest hits, which run the gamut from merely obnoxious to aggressively bigoted, and which firmly entrench her as this cycle’s Todd Akin. Albeit one with a nose stud, which would be an unequivocal signifier of an edgy nonconformist if it was still 1987. In fact, that affectation and Democrat Amanda Curtis’s general vibe tends to remind one of those strident feminists who hang… [read post]
1 Sep 7:31 pm
"Inspired by His Father's Activism, Tim Wu Is Running for Lieutenant Governor as an Outsider": David W. Chen has this article in today's edition of The New York Times. [read post]
1 Sep 7:30 pm
Several friends and readers have sent along this news, namely, that the Chancellor has forwarded Salaita's appointment to the Board of Trustees. The happy scenario is that the University is going to relent and the appointment will actually be approved,... [read post]