Posts tagged with: "general"
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3 Apr 2014, 3:58 pm by Mike Bomberger
Do I Have a Right to a Jury Trial in a Civil Case? Image courtesy of Flickr user RCB The jury is a a cornerstone of the American justice system. Jurors are told that jury service is one of the most important civic duties they can perform. In criminal trials, the Sixth Amendment to the United States Constitution guarantees defendants facing charges that carry a penalty of greater than six months in jail the right to a jury trial. Many of our clients ask whether there is a similar right to a jury… [read post]
3 Apr 2014, 1:14 pm by Frank Pipitone
I am an avid reader and a huge fan of speculative fiction.  In fact, this is not the first time a fantasy novel has inspired an article from me. One of the first (and best) fantasy novels that I read was A Song of Ice and Fire by George R.R. Martin. For those that don’t know, the HBO series Game of Thrones is based on these novels.   The story centers around warring families battling for control of Westeros, a fictional land.  One of these families is the Lannisters and on the… [read post]
3 Apr 2014, 9:41 am by Julian Ku
by Julian Ku China has not been quiet in reacting to the Philippines filing Sunday of its memorial in the UNCLOS South China Sea arbitration.  In addition to the foreign ministry’s remarks, the People’s Daily has released a full-scale defense of China’s legal and policy position (recently translated here). It is the longest official (well, close-to-official) statement of China’s legal position on the arbitration as I’ve seen anywhere. The heart of China’s… [read post]
3 Apr 2014, 9:31 am by Barbara S. Mishkin
Barbara S. MishkinAt yesterday’s hearing on alleged CFPB employee discrimination conducted by the House Financial Services Committee’s Subcommittee on Oversight and Investigations, a CFPB employee is reported to have testified that the agency has “a pervasive culture of retaliation and intimidation that silences employees and chills the workforce from exposing wrongdoing.”    Angela Martin, a CFPB enforcement attorney, claimed that she experienced… [read post]
3 Apr 2014, 9:13 am by Barbara S. Mishkin
Barbara S. MishkinEarlier this week, the results of an evaluation of the CFPB’s supervision program conducted by the Office of Inspector General (OIG) that the CFPB shares with the Fed were released in a report entitled “The CFPB Can Improve the Efficiency and Effectiveness of Its Supervisory Activities.”  The report is based on data in the CFPB’s Supervisory Examination System (SES) database as of July 31, 2013.  As of that date, the CFPB had completed 82… [read post]
3 Apr 2014, 8:34 am by Ronald K.L. Collins
By way of more updates on yesterday’s First Amendment ruling in McCutcheon v. FEC, below are some commentaries and what have you on the case. (This column will be updated periodically for a short time.) Vote to Reverse:  5-4 (sustaining First Amendment claim) Plurality Opinion:  Chief Justice John Roberts (joined by Justices Scalia, Kennedy & Alito) Concurring Opinion: Justice Clarence Thomas (would overrule Buckley) Dissenting Opinions: Justice Stephen… [read post]
3 Apr 2014, 8:18 am by Marcia Oddi
From a very long, August 12, 2013 article in The New Yorker, written by Sarah Stillman, on civil forfeiture and... [read post]
3 Apr 2014, 7:33 am by Robert Kraft
If divorce is staring you in the face, consideration of how the process should be handled is of prime importance. No one wants a messy divorce settlement that results in unfair legal decisions, so it is imperative that you draw up and implement a plan that combines your needs and wishes with the expertise of a particular attorney. Here are six tips that will help you find a lawyer who is best suited to your unique situation. 1. The Type Of Settlement You Want You need to ask yourself exactly how you… [read post]
3 Apr 2014, 7:14 am
Yesterday’s murders and rampage began just as my national radio show was beginning.  The first segment with Senator Marco Rubio –itself a newsmaker– was wrapping up as first reports of an “active shooter at Ft. Hood” appeared on Twitter.  The second segment, about DOD’s budget with Robert O’Brien of Arent Fox included two references that a story was developing and O’Brien, a veteran of media from years at the U.N. and State and an experienced… [read post]
3 Apr 2014, 6:26 am by Robert Ambrogi
Reuters broke the news two days ago that legal news giant ALM — publisher of, The American Lawyer, The National Law Journal and Law Technology News, among other publications — is up for sale. Just two weeks earlier, it was reported that another major legal news publisher, The Dolan Company, was entering a prepackaged […] The post A Precarious Time for Legal Newspapers appeared first on Robert Ambrogi's LawSites. [read post]
3 Apr 2014, 5:46 am
Too often, people make medical decisions based on fear, ignorance, convenience or a combination of them. We’ve often written (here and here) about the need to understand the basics about a health condition you might have, to understand proven practices to address it, and not just pop cultural attitudes about it. Michael Hiltzik recently wrote a thoughtful column in the Los Angeles Times about the cost of people not knowing, and, often, not wanting to know, about the science of… [read post]
3 Apr 2014, 5:30 am by Renee Kolar
The third paper in our student blog series is written by Mr. Alex Martin and discusses the interplay between the McCarran-Ferguson Act, the Federal Arbitration Act, and the Patient Protection and Affordable Care Act. Here is part one of five! THE McCARRAN-FERGUSON ACT AND REVERSE PREEMPTION PART I By: Alex Martin “What is important is to spread confusion, not eliminate it.” – Salvador Dalí This paper discusses the McCarran-Ferguson Act generally, the Federal Arbitration Act… [read post]
3 Apr 2014, 5:23 am by Gerard Magliocca
Last week the Michigan Legislature voted to call for a constitutional convention under Article V to propose a Balanced Budget Amendment.  This means that 34 states have now issued such a call.  Or maybe it’s less than that.  Let me explain. The problem is that some states have repealed their prior calls for a Balanced Budget Amendment.  Thirty-four is the right count only if none of those repeals are valid.  But are they valid?  I think it’s up to Congress.… [read post]
3 Apr 2014, 4:00 am by Barbara S. Mishkin
Barbara S. MishkinIn issuing its Consumer Response Annual Report analyzing complaints handled in 2013, the CFPB’s headline was that volume nearly doubled from 91,000 complaints received in 2012 to 163,700 complaints received in 2013.  The report provides data on the most common types of complaints for each product, the handling of complaints and median monetary relief.  Of the 163,700 complaints received in 2013, approximately 54% were received through the CFPB’s website, 11%… [read post]
2 Apr 2014, 7:12 pm by
Steve Moskos, South Carolina Lemon LawyerMy good friend, Steve Moskos, a dedicated lemon law attorney in South Carolina reminded me of a few things about the current General Motors ignition switch recall which has turned in a public relations nightmare for GM - deservedly so. I'll repeat his comments here, which seem to be extraordinarily well-taken. Automotive News is reporting thatin today’s Congressional hearing, GM executive McCaskill accused a General Motors engineer of lying about… [read post]
2 Apr 2014, 5:24 pm
Many business owners, particularly start-ups, remain unaware of the complex legal issues involved in employer-employee relationships. It is critical to have guidance on these matters, to understand your risks, rights, and obligation as an employer. Consider employer duties to accommodate employees with disabilities. For example, a case recently passed through the federal district court system regarding an employer's failure to accommodate an employee with a disability. The Americans with… [read post]
2 Apr 2014, 5:04 pm by Chris Borgen
by Chris Borgen Following up on my previous post, I want to look at Russia’s rhetoric regarding Crimea and how it relates to its rhetoric regarding intervention and recognition in Kosovo and South Ossetia. While countries may use arguments that start to seem inconsistent, Russia’s use of “law talk” is especially striking because it uses legal rhetoric so often, even when it has rather weak arguments. While Russia deploys legal language, increasingly they are not the concepts… [read post]
2 Apr 2014, 2:22 pm
Florida Senator Marco Rubio was my guest to open today’s show. The audio: 04-02hhs-rubio The transcript: HH: I begin my program when I am very lucky, and welcome back Senator Marco Rubio. Senator, good to have you, welcome. MR: I’m glad to be back with you. HH: You made some news today saying you’d decide on a presidential run about a year from now. Isn’t that a little bit late? MR: Around this time next year is what I said, and you know, I think that’s around the time… [read post]
2 Apr 2014, 1:52 pm by Admin
Seeking applications for part-time, hourly law clerk/research/writing position in high quality, solo practice family law firm, which is located in downtown Oakland. Great views of Lake Merritt, great mentoring and training, great clients. Tasks vary but include research/writing in areas of family law, document preparation and discovery tasks. Job will prepare student for a potential career in family law, give student great topics for a possible law review article, and make “hanging out your… [read post]
2 Apr 2014, 1:49 pm by HRWatchdog
CalChamber’s new HRWatchdog app for iPhone® or AndroidTM is a great HR companion when you’re on the go. Plus, you can receive notifications on your mobile device whenever there’s a new post. It’s up to you. As loyal followers know, HRWatchdog spotlights important changes to federal and California employment law, as well as HR trends and other news. Our employment law experts use everyday language to explain legal developments, including significant court decisions,… [read post]