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13 Aug, 2007 5:02 am
The Editors of the CAFA Law Blog are honored to bring you another Guest Post from Professor Lonny Hoffman, the George Butler Research Professor
of Law of the University of Houston Law Center. Professor Hoffman has some very interesting ... highly suspect doctrinal and empirical
assumptions. Against the prevailing view, I argue that there are sound reasons to conclude that CAFA does not shift any of the burden of jurisdictional proof from the party who
desires to maintain the suit in federal court.
7 Jan 11:00 am
... action suit against her credit card company, Defendant-Appellee Citibank (South Dakota) N.A. The district court found that Hoffman was
party to an arbitration agreement that waived her right to proceed on a class basis. Applying South Dakota law-the law chosen ... then would be able to pay off their balances under the
terms of their existing agreement without acceleration. This does not present the take it or leave it scenario described in Discover [Bank v. Superior Court] or Szetela [v.
Discover ...
3 Nov 10:30 pm
... presented himself as a centrist. On the human level, Owens is the kind of person voters around here feel comfortable with. Hoffman's not.
Neither was Scozzafava. 2) On the numbers -- as of this morning, with 93 percent of the vote counted, the math-challenged local newspaper ... and other center-tending politicos have
been doing well. I don't think the Owens win has as much to do with the candidates' political parties, though, as it does with who they are personally and with their ad
presentations.
23 Jun 2:48 pm
... that the Surface Mining Conservation and Reclamation Act, 52 P.S. 1396.1 et. seq. ("SMCRA"), does not preempt a Township setback requirement. The Township enacted an
ordinance which established a 1000 foot setback for ... mining are hereby superseded. The Commonwealth by this enactment hereby preempts the regulation of surface mining as herein
defined. The Court in Hoffman saw the issue as a question of whether the preemption related to all zoning regulations promulgated after the
adoption of SMCRA. ...
20 May, 2007 12:46 pm
... with fantasy. In one of the early Anita Blake books, a zombie is raised to give evidence on a disputed will. Yet, as Hoffman points out, it
is rare. In contrast, as Paul Joseph discusses in an interesting essay, law is common in science fiction. (Does that suggest that fantasy is less concerned with "social,
religious, moral, and cultural consequences" than SF?) The absence of law from fantasy is especially curious given that most ...
11 Jul, 2007 6:38 am
... in the legal blogosphere. He argues: "With minor exceptions, the legal blogosphere exists in a communal space that dates back to 2002." Hoffman notes that legal bloggers are stuck in the same rut that political bloggers had been stuck in until recent changes created stronger ... and are meant
to be more like a quasi-law magazine or even nascent laws review article. But the blog does not differentiate between these things. Other media, however, can differentiate to a
much larger extent. They have ...
14 Feb 5:01 am
... as one of the many lobbyists with the powerful PMA Group donating money to lawmakers. But Hoffman is a soon-to-retire information
technology manager in Marina del Rey, Calif., who has never ... gave $2,000. "It's alarming that someone is stealing my identity somewhere," Hoffman, 75, said in an interview. "I've never heard of this company." Another contributor listed as ... he did make campaign donations but never worked at
PMA and does not know how he ended up listed in records that way. These errors, ...
9 Nov, 2007 11:12 am
... arriving, has finally been filed. You can check it out here. For some thoughts on the amended complaint by Professor Dave Hoffman, who has
established himself as the expert on all things AutoAdmit-related, see here. As Hoffman notes, the most significant ... Law Student Dropped
from Autoadmit Lawsuit [Concurring Opinions] Anthony Ciolli Dropped from Auto Admit Lawsuit [The Legal Satyricon] Doe v. pauliewalnuts et al.
[Amended Complaint (PDF)] Earlier: What the Heck Is Going on with Doe v. Ciolli? ...
5 Nov 2:40 pm
... joining the ranks of "capital" -- a welcomed defection from "labor." And now my friend Reid Hoffman has jumped into the fray as well,
joining Greylock Partners in their new fund ... that profile and will have long, successful venture careers. I have known Reid Hoffman for a
long time and have greatly enjoyed the time I have spent with him. Reid ... I think separates Reid from most of those around him is his thoughtfulness. Reid does not shoot from
the hip. Ask him a question and he doesn't immediately ...
6 Apr, 2007 9:00 am
Sharona Hoffman has just posted on SSRN her article Settling the Matter: Does Title I of the ADA Work? Her surprising (at least to me)
conclusion is that it does. She reaches this conclusion by examining not just case outcomes,...
14 Sep 4:09 pm
... a year ago when she began at Martin Luther King Middle School about a mile from our home in north Berkeley. As Jan Hoffman reported in
yesterday's Sunday Styles section of the NYT, this kind of routine traverse to and from school, a fixture of ... a handful of childhood predators among us, and a vast and largely state
supported fear of victimization. While according to Hoffman fewer than 115 child abductions by strangers occurs in a year on average, many
Americans will see that many "Amber Alert" ...
17 Sep 2:06 am
Amgen, Inc. v. F. Hoffman-La Roche, Ltd., No. 09-1020 (Sept. 15, 2009) Amgen prosecuted a series of patent applications relating to the
production of the protein erythropoietin ("EPO") using recombinant DNA ... -part application, a continuation application can satisfy the definition of a "divisional application" in MPEP
§ 201.06. . . . This distinction, however, does not justify departing from a strict application of the plain language of § 121, which affords its benefits to "divisional
application[ ...
11 Jan, 2008 7:40 am
D.C. Circuit holds that the Freedom of Information Act does not require the Department of Defense to disclose records containing the opinions and recommendations of
non-governmental lawyers about how to establish terrorist trial commissions: You ... Meltzer, Lloyd Cutler, Ruth Wedgwood, Newton Minow, Terrence ODonnell, William Coleman, Geoffrey
Hazard, William Webster, Martin Hoffman, Jack Goldsmith, and Joseph Tompkins. In response, these outside experts sent letters, faxes, or emails
to DoD. All ...
25 Jun 9:46 am
In Barre v. Hoffman, 2009 Ark. 373, the Arkansas Supreme Court found that assertions of repressed memory syndrome (RMS) do not toll statutes of
limitations because RMS does not affect the alleged victim's capacity to reason within the meaning of the definition of insanity under section 16-56-116 of the Arkansas Code.
11 Jul, 2007 5:33 am
... and others increasingly brawny and well-armored by law. Both kinds of investors are called "angels." Ibrahim shows that traditional angel contracts (call them "TACS") are rational
even though they are informal in the face of perceived agency costs. He does so by advancing several arguments: (1) traditional angels don't really face the agency costs that VCs
do, because they select for entrepreneurs they know and monitor them through informal networks of trust; (2) informal TACS facilitate later ...
6 Aug, 2008 1:37 pm
... . · Park's vicarious liability proposal is intriguing and I agree with much of it. It is, of course, part of a larger trend to focus on ways to target securities law on agents. That
literature, in turn, is premised on the idea that securities law does a bad job deterring corporate misconduct because the "real wrongdoers" don't feel the sting of sanctions.
This literature is terrific, though it strikes me that policymakers would be aided by more empirical (experimental) work that examines the ...
10 Nov, 2008 5:06 am
Amoah v. Mallah Management,___A.D.3d___(3d Dep't. Oct. 30, 2008), is an important decision. A New York appellate court holds that an undocumented worker is eligible for Workers Comp
benefits and that his claim is not preempted by IRCA. What about Hoffman...
18 May 6:17 pm
Richard Posner. Founder. Latter-Day Apostate? A draft paper by Raymond Fisman (Columbia Business), Shachar Kariv (Berkeley Economics) and Daniel Markovits (Yale Law) has gotten
surprisingly little attention given its potentially radical implications. Maybe it's the title: Exposure to Ideology and Distributional Preferences. I would have gone with something
different. Perhaps "Law and Economics Eats Law Students' Hearts." The authors looked at first-year students at Yale Law School taking ...
24 Oct, 2006 4:06 am
Dave Hoffman belittles the criticism of Jeff Skilling's 24-year sentence ("the outrage level in the blawgosphere is at DEFCON 1"). He seems to
have three arguments: 1. There are other equally outrageous sentences, and ... that one. Because the jury believed his testimony it convicted him of the crime. The question is whether
he deserved the sentence for that conviction. Or does Hoffman think that Skilling's sentence is justified by the unindicted count of
perjury at his own trial? In any event, as ...
18 May 9:53 am
The following entry, by Joanne Doroshow and Andy Hoffman, has been cross-posted on InjuryBoard.com. As the National Transportation Safety Board
(NTSB) concludes its three-day public hearing on the crash of Colgan Air Flight ... of us were enjoying a welcome break from after the Supreme Court's landmark decision in Wyeth v.
Levine. Nevertheless, it does say something about the continued resonance of such arguments (at least, in certain circles), and underscores the importance of not only maintaining
...
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