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Inspired by PlanetPlanet's feed reader and aggregator and by Six Apart's Project Comet initiative, the Jurisdynamics Network presents the Law Blog Central Orbiter. The Orbiter aggregates the latest posts from the blogs digested on Law Blog Central. The posts are presented in reverse chronological order. The Law Blog Central Orbiter even has its own RSS feed, which you are invited to download by clicking here:
February 9, 6:35 PM / WSJ.com: Law Blog - WSJ.com / Justice Delayed, Lawyers Unpaid?State lawmakers — have you heard that slashing judicial budgets could end up costing your state more money in the long run than it saves? If not, dont blame the legal community, which has been beating the drum on this for months at hearings, in reports , and on newspaper op-ed pages . Reall..
February 9, 5:53 PM / WSJ.com: Law Blog - WSJ.com / Law Firm Names: An ExplanationEarlier today, we picked up an entertaining read by Reuters on Chinese law firm names. They aren't bound by the same ethics rules as U.S. firms, so they can be more creative. Beijing-based King & Wood, for instance — you won't find a Mr. King or a Mr. Wood at the firm. They don't exist. But t..
February 9, 4:54 PM / WSJ.com: Law Blog - WSJ.com / Judge Gets Through Republican Red RoverAfter President Barack Obama made his not-technically-recess recess appointments, indignant Senate Republicans said no Obama nominee, for any position, would have their support for the rest of the year. The idea appears to have lost its shine pretty quickly. The Hill reports , Sen. Mike Lee's (R-Ut..
February 9, 4:08 PM / Balkinization / Proposition 8's Continuing Constitutionality?By finding Proposition 8 to violate the Equal Protection Clause solely on the ground that it withdrew the right of marriage that gays and lesbians previously possessed in California (as a result the earlier state supreme court's decision), Perry v. Brown produces a curious result. It appears to leav..
February 9, 4:00 PM / TaxProf Blog / Kysar Presents The Constitutionality of Tax Treaties Today at NorthwesternRebecca Kysar (Brooklyn) presents On the Constitutionality of Tax Treaties at Northwestern today as part of its Advanced Topics in Taxation Colloquium Series: Taxes, as we learned in grade school, kindled the American Revolution. Revolt against collecting revenues without representation caused a tea..
February 9, 3:00 PM / TaxProf Blog / Shanske Presents A New Theory of the State Corporate Income Tax Today at IndianaDarien Shanske (UC-Hastings) presents A New Theory of the State Corporate Income Tax: The State Corporate Income Tax as Retails Sales Tax Complement at Indiana-Bloomington today as part of its Tax Policy Colloquium Series hosted by Ajay Mehrotra: [P]rogressive politics in the early twentieth century..
February 9, 2:30 PM / TaxProf Blog / Fleischer Presents Tax and the Boundaries of the Firm Today at PennVictor Fleischer (Colorado) presents Tax and the Boundaries of the Firm at Pennsylvania today as part of its Center for Tax Law and Policy Speaker Series convened by Chris Sanchirico and Reed Shuldiner: How does tax policy affect the behavior of corporations? In the midst of national debates about t..
February 9, 2:07 PM / NLJ.com: Law Schools / ABA report finds cause for concern regarding women's roleThe American Bar Association has for years advocated for greater diversity within the legal profession and more inclusion of women, but the organization's leadership remains largely male.
February 9, 2:07 PM / NLJ.com: Law Schools / ABA joins disability advocates in pressuring Law School Admission CouncilThe American Bar Association has sent a message to the Law School Admission Council that it's not happy with that group's handling of requests for special accommodations by takers of the Law School Admission Test.
February 9, 2:07 PM / NLJ.com: Law Schools / Part-time law school losing allureAccording to a panel of legal educators who gathered during the Association of American Law Schools (AALS) annual meeting in early January, lagging employer support, workers' fears about losing their jobs, the growing popularity of Master of Business Administration programs, rising tuition and the t..
February 9, 2:07 PM / NLJ.com: Law Schools / Chinese prosecutors will hone their craft in AtlantaSome Chinese prosecutors will soon be learning the ins and outs of the American criminal justice system, under a partnership between Emory University School of Law and the Shanghai Jiao Tong University's KoGuan Law School.
February 9, 2:07 PM / NLJ.com: Law Schools / Fresh round of litigation targets 12 law schools over jobs dataThe team of lawyers behind proposed class actions against the Thomas M. Cooley School of Law and New York Law School have followed through with their threat to sue even more schools.
February 9, 2:07 PM / NLJ.com: Law Schools / Get your free textbooks at the University of DaytonThe University of Dayton School of Law has unveiled a unique recruiting tool: Admitted students can visit campus, enroll, and receive their first year of textbooks for free. The offer comes at a time when competition for law students is heating up, given an anticipated decline in applicants this cyc..
February 9, 2:07 PM / NLJ.com: Law Schools / George Washington sharpens focus on health care policyGeorge Washington University Law School plans to launch a health care law and policy program next fall. The school has received $1 million from an anonymous donor to kick-start the program and is attempting to raise an additional $4 million, according to Dean Paul Schiff Berman.
February 9, 2:07 PM / NLJ.com: Law Schools / Law schools are adapting to the shifting job marketJob searching today takes more work outside of one's comfort zone — both for students and career services professionals.
February 9, 2:07 PM / NLJ.com: Law Schools / Indiana Tech breaking ground on law school buildingOfficials at the Indiana Institute of Technology announced on Jan. 25 that they will construct a $15 million building on the Fort Wayne campus to house a new law school.
February 9, 2:07 PM / NLJ.com: Law Schools / Campus, professor lawyer up to fight criminal negligence charges following lab deathA chemistry professor at the University of California at Los Angeles who faces felony charges following a student's death in a lab accident has retained Thomas O'Brien, the former U.S. attorney in Los Angeles.
February 9, 2:07 PM / NLJ.com: Law Schools / Vermont launching agricultural law centerVermont Law School is launching a Center for Agriculture and Food Systems with the help of a $1.25 million grant from an anonymous donor.
February 9, 2:07 PM / NLJ.com: Law Schools / ABA panel would require law schools to get specific about jobs dataFollowing months of discussion, a committee reviewing the American Bar Association's law school accreditation standards has agreed upon changes in the way law schools report graduate employment and salaries.
February 9, 2:07 PM / NLJ.com: Law Schools / Study of law schools' job placement disclosures raises a 'red flag'Law schools on the whole have not done a great job of providing comprehensive job placement data for the class of 2010, Law School Transparency reported on Jan. 17.
February 9, 2:07 PM / NLJ.com: Law Schools / Vanderbilt administrator accused of theft; New England controller sentencedA former administrative manager at Vanderbilt University Law School was arrested in Arkansas on Jan. 13 on suspicion of stealing more than $600,000 from the university. On that same day, a former controller at the New England School of Law was sentenced to 1 1/2 years in prison for stealing more tha..
February 9, 2:07 PM / NLJ.com: Law Schools / What is law school for, anyway?Changes in the legal profession — and how law schools should respond — was the hot topic during the annual meeting of the Association of American Law Schools in Washington earlier this month.
February 9, 2:07 PM / NLJ.com: Law Schools / Students happy with law school experience, with caveatsLegal education may be grappling with some problems, but the vast majority of law students are satisfied with their experience, according to the 2011 Law School Survey of Student Engagement.
February 9, 2:00 PM / Sports Law Blog / Orioles Defeat Bergesen and Marlins Lose to BonificioIn a story of teams with two dramatically different success/failure stories in baseball salary arbitration, the Orioles improved their all-time record to 12 wins and 3 losses, and the Marlins dropped to 3 wins and 7 losses. The Orioles defeated pitcher Brad Bergesen today, and the Marlins lost to E..
February 9, 1:53 PM / The Situationist / The Situational Effects of Food AdvertisingPierre Chandonm and Brian Wansink recently posted their paper “Is Food Marketing Making Us Fat? A Multi-Disciplinary Review” on SSRN . Here's the abstract. Whereas everyone recognizes that increasing obesity rates worldwide are driven by a complex set of interrelated factors, the marke..
February 9, 1:51 PM / Legal History Blog / Bradley and Morrison on Historical Gloss and the Separation of PowersHistorical Gloss and the Separation of Powers has just been posted by Curtis A. Bradley , Duke University - School of Law, and Trevor W. Morrison , Columbia University - Law School. Hat tip to the Legal Theory Blog . Here's the abstract: Arguments based on historical practice are a main..
February 9, 1:50 PM / The Faculty Lounge / BEST Best Picture Ever: Round One, Match #4versus ..
February 9, 1:49 PM / Althouse / Do you enjoy paying other people's cell phone bills?You are doing that, you know. Last year, a federal program paid out $1.6 billion to cover free cell phones and the monthly bills of 12.5 million wireless accounts.... The program came to be after the Telecommunications Act of 1996 was passed, and the FCC created the Universal Service Fund to help "..
February 9, 1:35 PM / Conglomerate / Tax Consequences of Facebook's IPO: Zuckerberg's Stock, Stock Optons and RSU'sYesterday I told my Corporate Tax class that we could teach a whole course on the tax implications of the Facebook IPO. I wasn't kidding. Here are a few of the interesting issues that highlight current debates in the taxation of corporations and their shareholders. (Gregg Polsky has also covered..
February 9, 1:24 PM / WSJ.com: Law Blog - WSJ.com / Ohio AG: State Working on Execution ProceduresOhio Attorney General Mike DeWine believes Ohio absolutely needs to address some issues with its lethal injection process before the state will be able to proceed with its calendar of executions. On Wednesday, the U.S. Supreme Court issued a one-sentence order , denying an application by the stat..
February 9, 1:20 PM / Althouse / What's a dictator's wife supposed to do?"Why are we shaming her and saying she should do something? There was never any question that she would do anything else." "Even if, deep down, she was not happy with what's happening, she wouldn't be able to do anything about it. "And even if, between four walls, she told him 'I don't approve of t..
February 9, 1:09 PM / TaxProf Blog / Special Counsel: IRS Violated Employee's Rights Under First Amendment, Whistleblower StatuteU.S. Office of Special Counsel press release (Feb. 8, 2012): Special Counsel Carolyn Lerner announced a settlement between the IRS and an IRS employee, Charles Adelberg, who blew the whistle on alleged gross mismanagement of an IRS contractor and subsequently was suspended for two weeks without pay...
February 9, 1:00 PM / The Faculty Lounge / Extolling the Virtues of DropboxI'll be the first to admit - I'm incredibly "late to the party" on this one (to quote the linked article at the end of this post). But, as I'm a pretty tech-savvy guy who tries to be up on the latest advances, it's possible that there are others out there who could benefit from this but don'..
February 9, 12:39 PM / WSJ.com: Law Blog - WSJ.com / Father of the Web Takes Stand in Patent CaseWhat could get the inventor of the World Wide Web to testify in a courtroom for the first time? A patent suit thats perceived as a threat to the modern web, particularly interactive features. Tim Berners-Lee, who teaches at MIT and is considered one of the fathers of the Web, testified Tuesday abo..
February 9, 12:37 PM / SCOTUSblog / Argument preview: Does the federal costs statute authorize an award for document translation costs?Mr. Wolfman gratefully acknowledges the substantial assistance of Tom McSorley, a third-year student at Georgetown University Law Center. On February 21, the Court will hear oral argument in Taniguchi v. Kan Pacific . At issue in the case is the interpretation of a federal statute that authorizes ..
February 9, 12:31 PM / WSJ.com: Law Blog - WSJ.com / Senate Panel Advances Bill on Cameras in the Supreme CourtThe Senate Judiciary Committee voted 11-7 to advance a bill that would permit the televising of Supreme Court proceedings. The bill wouldn't mandate cameras in the court: If a majority of the justices voted against allowing access in any given case, the arguments wouldn't be televised. The idea is ..
February 9, 12:10 PM / Consumer Law & Policy / House Republicans Continue Efforts to Enable Financial Institutions to Regulate Their Regulator, the CFPBThe Washington Post reports that "The House GOP is now moving forward with bills that would remove the CFPB director from overseeing the Federal Deposit Insurance Company and allow Congress to directly control its funding every year." As for why this would enable financial institutions to cu..
February 9, 12:06 PM / Althouse / "The reason I caught the deep end to it is because I’m black.""The bottom line is the game carries a lot of bigotry, and that was an easy way for them to do it... If I wasn’t outspoken and a so-called a 'proud black man,' maybe I would have gotten the empathy and sympathy like other ballplayers got that I didn’t get; like Darryl Strawberry, Dwight Gooden, Stev..
February 9, 12:06 PM / Underbelly / SadlyI suspect he's right .
February 9, 12:03 PM / How Appealing / "Both sides arguing pardons case today""Both sides arguing pardons case today": Today's edition of The Clarion-Ledger of Jackson, Mississippi contains an article that begins, "Based on arguments presented today, the Mississippi Supreme Court could decide that most of former Gov. Haley Barbour's 200-plus pardons are not valid. Or, the st..
February 9, 12:00 PM / How Appealing / "Gambling With Gay Marriage""Gambling With Gay Marriage": Law professor David Cole has this blog post online at The New York Review of Books.
February 9, 12:00 PM / Legal History Blog / Eng, Ruskola and Shen, China and the HumanChina and the Human has just been posted by David L Eng , University of Pennsylvania - Department of English; Teemu Ruskola , Emory University School of Law; and Shuang Shen , Pennsylvania State University - College of the Liberal Arts. It is the Introduction to a special issue of Social Text..
February 9, 11:55 AM / Legal Theory Blog / Meador Lecture at the University of AlabamaI will be delivering the Meador Lecture on Law and Morality today at noon, at the University of Alabama. The lecture is entitled, "Virtue as the End of Law." My thanks to the Bama students, Dean Randall and to Michael Pardo for this marvelous opportunity.
February 9, 11:52 AM / How Appealing / "States line up to challenge stringent Section 5 voting rights provision""States line up to challenge stringent Section 5 voting rights provision": Robert Barnes of The Washington Post has this report .
February 9, 11:45 AM / Antitrust & Competition Policy Blog / China's Anti-Monopoly Law and its Merger Enforcement: Convergence and FlexibilityPosted by D. Daniel Sokol Dan Wei (University of Macau Faculty of Law) discusses China's Anti-Monopoly Law and its Merger Enforcement: Convergence and Flexibility. ABSTRACT: As the world's second largest economy and the world's fastest growing economy, China is a...
February 9, 11:36 AM / PrawfsBlawg / Studying State LawI am at the University of Virginia the next couple of days as part of this fabulous conference on Conflicts of Interest: Resolving Differences in Global Legal Norms. In studying that question, one tends to focus on federal courts and federal law. As I have observed here, however, many international ..
February 9, 11:36 AM / Consumer Law & Policy / The Foreclosure SettlementThe only original source materials available so far are the press releases at HUD and Justice . A dedicated web site has been set up, www.nationalmortgagesettlement.com, but the actual settlement terms have not been released yet. Analysis will really have to wait until the settlement documen..
February 9, 11:32 AM / The Faculty Lounge / Prosecutors and PregnancyAs national elected officials clash over access to contraception, a criminal case in Indianapolis also illustrates the price that women can pay for the politicization of reproduction. In December 2010, Bei Bei Shuai was pregnant and living with her partner, the father-to-be of the child. Instead of..
February 9, 11:32 AM / Althouse / Obama's contraceptives policy and the Catholic vote in swing states.Craig Gilbert has some detailed analysis in the Milwaukee Journal Sentinel. (Wisconsin is a swing state, and 33% of the voters are Catholic.) ... Democrat Obama dominated among Latino Catholics nationally and in key swing states in 2008. He won roughly three out of four Latino Catholics in New Mexi..
February 9, 11:27 AM / Legal Profession Blog / "My Faith In Practice"The Florida Supreme Court has concluded that "[n]o amount of rehabilitation would ever be sufficient to warrant readmitting" an attorney admitted to practice in 1981. The attorney had engaged in a criminal defense practice. He had been convicted of several...
February 9, 11:22 AM / Legal Theory Blog / Gedicks on Establishment Clause IncorporationFrederick Mark Gedicks (Brigham Young University - J. Reuben Clark Law School) has posted Establishment Clause Incorporation: A Logical, Textual, and Historical Defense on SSRN. Here is the abstract: Incorporation of the Establishment Clause against the states is logically and textually impossible ..
February 9, 11:20 AM / Dorf on Law / The Long-Term Damage From the Assault on Law Schools-- Posted by Neil H. Buchanan It is hardly news that the legal academy has been under sustained assault for the last few years. We at Dorf on Law have weighed in occasionally for the defense, but most of the action has taken place in forums quite hostile to the current law school model. Some of the..
February 9, 11:00 AM / Legal History Blog / Cold War History at the Tamiment: A Visit to Chernobyl, Port Huron at Fifty, and MoreToday marks the first in a series of seminars sponsored by the Center for the United States and the Cold War of the Tamiment Library at NYU. Kate Brown’s paper is an artful chapter that artfully contrasts the planned city Chernobyl with the Ukrainian peasant community it supplanted. constructe..
February 9, 10:46 AM / Althouse / What is the argument against allowing home-schooled kids to play on high school sports teams?"Legislation to allow home-schooled students to play varsity sports at public schools passed the Republican-controlled Virginia Assembly on Wednesday," writes the NYT as it sets up a debate — there are 7 commentators — under the topic "Should Home-Schoolers Play for High School Teams?" I guess since..
February 9, 10:28 AM / WSJ.com: Law Blog - WSJ.com / In China, Naming Law Firms Is Fun!In December, when we got word that Beijing-based King & Wood, a top Chinese law practice, and the big Australian firm Mallesons Stephen Jaques were tying up , we wondered aloud how the Chinese firm got its very Anglo-sounding name. Leigh Jones at Reuters has found the answer . In fact, Messrs. Kin..
February 9, 10:02 AM / How Appealing / "Bill Would Allow Cameras in the Supreme Court""Bill Would Allow Cameras in the Supreme Court": Coverage of this morning's Senate Judiciary Committee executive business meeting to consider the bill is available live now via C-SPAN3 .
February 9, 9:45 AM / SCOTUSblog / Thursday round-upMuch of yesterday’s coverage of the Court focused on whether the Court would review the Ninth Circuit’s decision in Perry v. Brown , striking down California’s ban on same-sex marriage as unconstitutional, and in particular on what role Justice Kennedy might play if the Court does take up the issue..
February 9, 9:37 AM / Althouse / "Hey, I heard that there was a Supweem Court Justice on 'Sesame Street.'""There is, Baby Bear. There is."/"Hi, Baby Bear. I am Supreme Court Justice Sonia Sotomayor, but you can call me 'Justice." "Wow! Impwessive!" ADDED: Let's talk about the particular legal problem the "Sesame Street" folks used to teach kids law. Baby Bear has a complaint against Goldilocks, who ente..
February 9, 9:32 AM / TaxProf Blog / 11th Circuit: § 107 Parsonage Allowance Applies to Only One HomeThe 11th Circuit yesterday reversed a sharply divided Tax Court (135 T.C. 557 (2010) and held that the § 107 parsonage allowance applies to only one home. Christian singer Phil Driscoll and his wife had claimed parsonage allowances on both their principal residence and a vacation home in these amoun..
February 9, 9:29 AM / Althouse / Union leaders ask candidates in the Walker recall election to promise to veto the next budget unless it restores collective bargaining for public employees.One candidate, Kathleen Falk, immediately agreed. Falk, who received the state teachers union endorsement Wednesday at an event in the Madison suburb of Monona, said Walker used a budget-repair bill to pass the repeal of most union bargaining so it was appropriate to use a budget bill to undo it. "..
February 9, 9:27 AM / How Appealing / "The Last Line of Defense: An unlikely crusader, Diana Holt wages a heroic, long-odds battle against the death penalty.""The Last Line of Defense: An unlikely crusader, Diana Holt wages a heroic, long-odds battle against the death penalty." Raymond Bonner will have this article in the March 2012 issue of The Atlantic Monthly. The article is adapted from Bonner's forthcoming book, " Anatomy of Injustice: A Murder Cas..
February 9, 9:20 AM / Crooked Timber / The Dog Ate My HomeworkSubtitle: Frank McNally is a Genius This is too good to just post a link to on FB or Twitter or even that Tumblr I started with such earnest hopes for the unleashing of my strangely bounded creativity. In a column worthy of the Irish Times' old contributor, Myles na Gopaleen, Frank McNally lists th..
February 9, 9:07 AM / Discourse.net / Another One for the “I Warned You” FileTomTom has signed a deal with an insurance company to use its satnav technology to measure driving ability to set premiums. The satnav specialist said it has teamed up with Motaquote on Fair Pay Insurance – a product that the companies claim rewards ‘good' drivers with lower premiums, u..
February 9, 9:00 AM / Antitrust & Competition Policy Blog / Anticompetitive Regulation in the Payment Card IndustryPosted by D. Daniel Sokol Ron Mann (Texas - Law) discusses Anticompetitive Regulation in the Payment Card Industry. ABSTRACT: The payment card industry in the United States has come under increasing scrutiny in recent years. The Bankruptcy Abuse Prevention and...
February 9, 8:44 AM / Discourse.net / Bad, Bad Mortgage SettlementThe Top Twelve Reasons Why You Should Hate the Mortgage Settlement As we’ve said before, this settlement is yet another raw demonstration of who wields power in America, and it isn’t you and me. It’s bad enough to see these negotiations come to their predictable, sorry outcome. It adds insult to in..
February 9, 8:36 AM / WSJ.com: Law Blog - WSJ.com / The AM Roundup: Well Notices, Foreclosure Pact, MoreAll is Wells: Federal securities regulators plan to warn several major banks that they intend to sue them over mortgage-related actions linked to the financial crisis, the WSJ reports . At issue is whether the banks misrepresented the poor quality of loan pools they bundled and sold to investors. I..
February 9, 8:31 AM / CONFLICT OF LAWS .NET / Multiple defendants and territorial intellectual property rights: Painer revisits Roche through FreeportOur colleague Dr. Mireille van Eechoud, currently of double affiliation as an Associate Professor at the Institute for Information Law, Universiteit van Amsterdam and a Visiting Scholar at the University of Cambridge Centre for Intellectual Property and Information Law, was kind to share with us he..
February 9, 8:11 AM / How Appealing / "Suit filed over Jesus statue""Suit filed over Jesus statue": This article appears today in The Daily Inter Lake of Kalispell, Montana. And The Associated Press reports that " Lawsuit filed over Jesus statue on public land ."
February 9, 8:06 AM / How Appealing / "Group wants Supreme Court to save war memorial""Group wants Supreme Court to save war memorial": The Associated Press has a report that begins, "Supporters of a war memorial cross deemed unconstitutional last year by a federal court plan to ask the Supreme Court to reverse the decision, amid a growing fight nationwide over the use of religious ..
February 9, 8:00 AM / proSOXblog - Headline News / Delaware, Confidential Arbitration and the Risk to Investors (Part 2)We are discussing the system of confidential arbitrations for business disputes that was recently put in place in Delaware. To take advantage of the system of confidential arbitration, the parties must consent, one must be a "business entity," a party must be organized under the laws of Delaw..
February 9, 8:00 AM / Legal History Blog / Fernandez on Moyn, From Antiwar Politics to Antitorture PoliticsWriting for the Jotwell legal history section, Angela Fernandez (University of Toronto) has reviewed Samuel Moyn , From Antiwar Politics to Antitorture Politics (a November 2011 working paper). In her view, it is "an excellent paper, . . . offering an extremely thoughtful intervention on the recent ..
February 9, 7:47 AM / Brian Leiter's Law School Reports / Nine Law Professors Elected to the ALIThe American Law Institute announced the election of 27 new members. Nine of these individuals are law professors. They are: Jaclyn Cherry (South Carolina) Maxine...
February 9, 7:36 AM / Consumer Law & Policy / More on the Mortgage Fraud SettlementHere , here , here , and here . The agreement is between state attorneys generals and five major banks -- Wells Fargo, Bank of America, JPMorgan Chase, Ally Financial, and Citigroup. Here's a nice FAQ from the Washington Post. There, the Post reports that "California’s A..
February 9, 7:22 AM / CONFLICT OF LAWS .NET / Festschrift for Bernd von Hoffmann has been releasedOn the occasion of Bernd von Hoffmann's 70th birthday Herbert Kronke and Karsten Thorn have edited a Festschrift entitled “Grenzen überwinden – Prinzipien bewahren” (Overcoming Borders – Preserving Principles). It has been published by Ernst und Werner Gieseking and contai..
February 9, 7:08 AM / Legal Theory Blog / Lee on the Foreign Affairs ConstitituionThomas H. Lee (Fordham University School of Law) has posted Theorizing the Foreign Affairs Constitution on SSRN. Here is the abstract: This article applies international relations theory to derive estimates of the U.S. Constitution's provisions pertaining to foreign relations that Americans would h..
February 9, 7:00 AM / CONFLICT OF LAWS .NET / Franzina (Ed.), Commentary on Rome III RegulationThe Italian journal Le Nuove Leggi Civili Commentate has published in its latest issue ( no. 6/2011 ) an extensive commentary of the Rome III Regulation (Council Regulation (EU) No 1259/2010, implementing enhanced cooperation in the area of the law applicable to divorce and legal separation). The..
February 9, 6:00 AM / TaxProf Blog / The Zuckerberg Tax: A Progressive Mark-to-Market SystemNew York Times op-ed, The Zuckerberg Tax, by David S. Miller (Cadwalader, New York): When Facebook goes public later this year, Mark Zuckerberg plans to exercise stock options worth $5 billion of the $28 billion that his ownership stake will be worth. The $5 billion he will receive upon exercising....
February 9, 5:12 AM / Simple Justice / No Way OutThe jury agreed. William Barnes, who had already served his time for the attempted murder of Police Officer Walter Barclay in 1966, wasn't liable for his death 40 years later . But as one might expect, it wasn't going to be that easy. When Barnes was picked up on the murder charge in 2007, he..
February 9, 5:00 AM / TaxProf Blog / Gerzog: Deductibility of Elder Care Provided by Family MemberWendy C. Gerzog (Baltimore), Boomer-Ang Eldercare: Deductible Claim?, 134 Tax Notes 595 (Jan. 30, 2012): In this article, Gerzog discusses Estate of Olivo [T.C. Memo. 2011-163], in which the Tax Court determined the deductibility under section 2053 of a claim against the decedent’s estate for elderc..
February 9, 4:21 AM / Conglomerate / The STOCK Bill's Sideline In Political Expert NetworksIt is interesting to see the House sweat over whether they have to act on a bill that passed the Senate 96-3. But part of the reason may be because the expert networks about which the SEC is so suspicious, at least if they are the political variants of the same, will have to register as lobbyists ..
February 9, 3:55 AM / Legal Theory Blog / Cushman on the Analogy between the Obama Administration & the New DealBarry Cushman (University of Virginia School of Law) has posted The Limits of the New Deal Analogy on SSRN. Here is the abstract: The past three years of the Obama Administration inevitably have elicited comparisons between the present day and the era of President Franklin D. Roosevelt’s New Deal. ..
February 9, 3:00 AM / Antitrust & Competition Policy Blog / Competition and Vertical Integration in Financial ExchangesPosted by D. Daniel Sokol Craig Pirrong (University of Houston - Business) has written on Competition and Vertical Integration in Financial Exchanges. ABSTRACT: Financial exchanges have come under increasing antitrust scrutiny of late. Competition authorities-especially those in Europe-have focused ..
February 9, 2:53 AM / Ratio Juris / Andy Warhol: The Artist as Philosopher or Businessman?“My assertion at one point that Warhol was closest to a philosophical genius of any twentieth-century artist very nearly cost me Robert[] [Motherwell’s] friendship, and he pointed out to me that Warhol rarely said more in front of a painting than ‘Wow.’ But that of course is just my point: the phil..
February 9, 0:57 AM / TaxProf Blog / 7th Circuit Denies Charitable Deduction for Home Demolished by Fire Department in Training ExerciseThe Sevent Circuit yesterday affirmed the Tax Court (135 T.C. 471 (2010)) and held that a married couple could not claim a charitable contribution deduction for a house that they donated to a local fire department for training purposes because they failed to prove that the fair market value of...
February 9, 0:35 AM / TaxProf Blog / Symposium: Legal Education's Response to the Economic Realities Facing the ProfessionLegal Ethics Forum, Symposium on Legal Education's Response to the Economic Realities Facing the Profession: Rakesh Anand (Syracuse), Considering Todays' Economic Times Anita Bernstein (Brooklyn), American Law Professors as the 99%, Fortunate Division Anita Bernstein (Brooklyn), Downturn Awareness i..
February 9, 0:30 AM / Legal History Blog / New Release: Scott and Hébrard, Freedom PapersFreedom Papers: An Atlantic Odyssey in the Age of Emancipation , by Rebecca J. Scott and Jean M. Hébrard (University of Michigan, both), has just been released by Harvard University Press. Here's the description: Around 1785, a woman was taken from her home in Senegambia and sent to Saint-Domingue ..
February 9, 0:17 AM / Sports Law Blog / Should home schooled children be able to play public school sports?I have an op-ed for the NY Times on whether home schooled students should be able to play public school sports. Virginia is considering such a law, and 13 states -- including Florida, where home schooled Tim Tebow grew up and played high school sports -- have enacted such laws, but most states say ..
February 9, 0:10 AM / Patent Docs / USPTO Issues Proposed Rulemaking for Supplemental Examination Provisions of AIABy Andrew Williams -- On January 25, 2012, the U.S. Patent and Trademark Office published its notice of proposed rulemaking to implement the supplemental examination provisions of the Leahy-Smith America Invents Act ("the AIA") (77 Fed. Reg. 3666). This is one of the ten notices that the Office plan..
February 9, 0:00 AM / Adjunct Law Prof Blog / Even Though Employee May Resign, She Can Still Be Disqualified From Unemployment Because She Committed MisconductMatter of Cheek v. Commissioner of Labor, ____A.D.3d____(3d Dep't. Nov. 17, 2011). As the court stated: Claimant worked as a flight attendant for the employer for one year when, facing termination, she resigned from her employment after it was discovered...
February 8, 11:29 PM / TRUTH ON THE MARKET / Collective Moral Hazard, Maturity Mismatch, and Systemic BailoutsThat's the title of an interesting article by Emmanuel Farhi and Jean Tirole in the current issue of the American Economic Review . Here's the abstract (emphasis added): The article shows that time-consistent, imperfectly targeted support to distressed institutions makes private leverage choices s..
February 8, 11:12 PM / Legal Theory Blog / Haque on Killing in the Fog of WarAdil Ahmad Haque (Rutgers, The State University of New Jersey - School of Law-Newark) has posted Killing in the Fog of War on SSRN. Here is the abstract: This article answers two of the most urgent and important questions facing the contemporary law of armed conflict. First, how certain must a sold..
February 8, 10:41 PM / The Faculty Lounge / Counseling Students - The Student You Immediately Know Is Wrong for Law SchoolAt this point, we've talked about counseling the socially awkward student as well as the student who has no idea why he went to law school . How about a relative of the latter, but decidedly different -- the student for whom you know immediately upon meeting her that law school was the wrong..
February 8, 10:40 PM / How Appealing / "Malaysian professor on 'no-fly' list wins chance to argue her case in U.S. courts""Malaysian professor on 'no-fly' list wins chance to argue her case in U.S. courts": The San Jose Mercury News has this update . Terry Baynes of Reuters reports that " Former doctoral student can sue over no-fly list ." The Associated Press has a report headlined " Court: Stanford student on 'no-fl..
February 8, 10:30 PM / How Appealing / "PETA's whale slavery suit tossed""PETA's whale slavery suit tossed": Greg Moran of The San Diego Union-Tribune has this news update . And The Associated Press reports that " Judge tosses case seeking rights for orcas ."
February 8, 10:22 PM / How Appealing / "Ganging up on Ginsburg -- way too quickly""Ganging up on Ginsburg -- way too quickly": Columnist Jeff Jacoby has this op-ed today in The Boston Globe.
February 8, 10:12 PM / How Appealing / "Gay marriage foes weigh their next move""Gay marriage foes weigh their next move": Howard Mintz of The San Jose Mercury News has this update .
February 8, 10:08 PM / How Appealing / "Whose Conscience?""Whose Conscience?" Linda Greenhouse has this post at the "Opinionator" blog of The New York Times.
February 8, 10:04 PM / Althouse / "So there you go: an internet troll. That's what they look like."I thought this was a joke, but it's not. The BBC tracks down some piddling internet troll and confronts him.
February 8, 9:54 PM / Workplace Prof Blog / Arizona Public Pension Changes Found Unconstitutional Under Contracts ClauseLast year, I published a piece in the Hofstra Labor and Employment Law Journal titled: Constitutional Contract Clause Challenges in Public Pension Litigation. The premise of the paper was that Wisconsin and other states risked having their law seeking to...
February 8, 9:53 PM / Althouse / At the Neon Café...... you can order anything you want.