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May 22, 9:04 AM / How Appealing / "Courts to hear birth control mandate lawsuits""Courts to hear birth control mandate lawsuits": Politico.com has a report that begins, "Obamacare's birth control mandate will go before four different appeals courts over the next three weeks as private businesses that object to the policy on religious liberty grounds bring a barrage of lawsuits ..
May 22, 9:00 AM / How Appealing / "Supreme Court Notebook: Sotomayor at Yale.""Supreme Court Notebook: Sotomayor at Yale." Mark Sherman of The Associated Press has this report .
May 22, 8:59 AM / How Appealing / "Prop C Wins: LA Voters Send Strong Message Against Supreme Court's Citizens United Ruling.""Prop C Wins: LA Voters Send Strong Message Against Supreme Court's Citizens United Ruling." The Huffington Post has this report .
May 22, 8:57 AM / How Appealing / "Judge Rubenstein fights state Supreme Court's takeover of mandatory retirement suit""Judge Rubenstein fights state Supreme Court's takeover of mandatory retirement suit": This article appears today in The Bucks County (Pa.) Courier Times.
May 22, 8:55 AM / How Appealing / "Lawyers look to Alabama Supreme Court on juvenile killer sentences after legislature fails to act""Lawyers look to Alabama Supreme Court on juvenile killer sentences after legislature fails to act": The Birmingham News has this report .
May 22, 8:54 AM / How Appealing / "Christie calls Justice Albin a 'grandstander,' chastises state Supreme Court""Christie calls Justice Albin a 'grandstander,' chastises state Supreme Court": The Newark (N.J.) Star-Ledger has this report .
May 22, 8:52 AM / How Appealing / "Activists seek to keep PA chief justice Castille from another 10-year term; They lay out their case for ousting chief justice in the November election; He defends his record""Activists seek to keep PA chief justice Castille from another 10-year term; They lay out their case for ousting chief justice in the November election; He defends his record": This article appeared yesterday in The Morning Call of Allentown, Pennsylvania. The Associated Press reports that " Activi..
May 22, 8:42 AM / How Appealing / "Legal fraternity 'shattered' by sudden death of senior judge""Legal fraternity 'shattered' by sudden death of senior judge": The New Zealand Herald has this report from APNZ.
May 22, 8:35 AM / How Appealing / "9th Circuit strikes down Arizona abortion law""9th Circuit strikes down Arizona abortion law": Today's edition of The Arizona Republic contains this front page article . In today's edition of The San Francisco Chronicle, Bob Egelko reports that " Court rejects Arizona abortion law ." And today's edition of The New York Times reports that " Ari..
May 22, 8:25 AM / How Appealing / "Lesbian couple in Allen says morality clause in divorce equals discrimination""Lesbian couple in Allen says morality clause in divorce equals discrimination": Yesterday's edition of The Dallas Morning News contained an article that begins, "A lesbian couple in Allen say they are targets of discrimination after a Collin County judge ruled they could no longer live together be..
May 22, 8:15 AM / Althouse / Weiner's in.Whip out your phallic jokes.
May 22, 7:58 AM / Althouse / "Activists say authorities are unfairly targeting 18-year-old US high-school student because she is gay.""An 18-year-old American is facing felony charges over claims that she had sexual contact with her underage, 14-year-old girlfriend...." The American Civil Liberties Union of Florida said [Kaitlyn] Hunt was being criminalised for behaviour that "occurs every day in tens of thousands of high schools..
May 22, 7:48 AM / Althouse / Moore, OK is "the only city in the world to have taken a direct hit from an EF5 twister twice."And the previous Moore tornado, in 1999, had higher winds (at 302 mph) . The Moore tornado was wide — 1.3 miles — but not the widest tornado on record (which was 2.5 miles, in Hallam, Nebraska in 2004).
May 22, 7:40 AM / Althouse / The anti-car message conveyed by those curbside rows of bike-share kiosks falls flat...... when the gas-powered vehicles they impede are ambulances and fire trucks. City workers swooped in Monday night and yanked out part of a bike-share rack blocking the front of a West Village co-op — just hours after The Post called the Department of Transportation over complaints that an ambulance..
May 22, 7:25 AM / Althouse / "Kai the Hatchet-Wielding Hitchhiker: Why did we love him?"More cogitation about instant YouTube stars of the lowly outsider kind — this time from Monica Hesse of The Washington Post. There are a lot of words here , but I don't think she makes any progress in the long-running game of Understanding the Internet. Her musings peak with: "It’s the issue of our ..
May 22, 7:15 AM / Althouse / "Petraeus’s role in drafting Benghazi talking points raises questions.""Security at this annex was the responsibility of the CIA, not the State Department. But because the annex operated under diplomatic cover, its existence as an intelligence facility was classified...."
May 22, 7:00 AM / proSOXblog - Headline News / Public Benefit Corporations in Colorado: What Will A Public Benefit Corporation Accomplish?Colorado has adopted, effective April 1, 2014, the public benefit corporation act of Colorado (the “PBCA”) that is similar to legislation being considered in Delaware, but completely different from the model benefit corporation act sponsored by B Lab Company ( www.bcorporation.net ) and..
May 22, 6:51 AM / Brian Leiter's Law School Reports / Geu Named Dean of South DakotaProfessor Thomas Geu of the University of South Dakota School of Law has been named the school's new dean. Geu holds a JD from the...
May 22, 6:47 AM / Althouse / "Sorry, gays. Obama prefers Latinos to you.""But thanks for all the contributions!"
May 22, 6:45 AM / Adjunct Law Prof Blog / Campbell Law Review Call for PapersFrom the Campbell Law Review website: The Campbell Law Review is pleased to announce a call for papers for its National Edition, which will be focused broadly around Internet Law and related themes. The Internet and associated technologies continue to...
May 22, 6:37 AM / Dorf on Law / How Much More of a Fiction is Due Process Notice for a Person with a Mental Impairment Than For a Person Without One?By Mike Dorf My new Verdict column discusses Monday's SCOTUS decision in Metrish v. Lancaster . Writing for a unanimous Court, Justice Ginsburg's opinion says that regardless of whether Lancaster's due process rights were violated when he was not permitted to offer a diminished capacity defen..
May 22, 6:33 AM / Sports Law Blog / Hart v. Electronic Arts: First Amendment Does Not Trump the Right of PublicityIn adopting and applying the transformative use test for balancing the First Amendment against the right of publicity, yesterday the Third Circuit ruled in Hart v. Electronic Arts that the First Amendment does NOT trump the players' right of publicity in the context of video gam..
May 22, 6:13 AM / Legal Theory Blog / Feldman & Smith on EquityYuval Feldman and Henry E. Smith (Bar-Ilan University - Faculty of Law and Harvard Law School) have posted Behavioral Equity on SSRN. Here is the abstract: In many situations legal systems use ambiguous standards and moral language in instructing people to behave. In the realm of the common law, mu..
May 22, 6:01 AM / Legal Profession Blog / Abuse of Subpoena Draws SuspensionAfter rejecting two petitions for voluntary discipline, the Georgia Supreme Court imposed a six-month suspension of an attorney for misuse of a subpoena in connection with claims of family violence against him. The attorney learned that his accuser ...may have...
May 22, 5:23 AM / Simple Justice / Sgt. Dennis Workley and a Jail Safe EnoughHe lied. He made stuff up about Claude Suggs, that he was selling pot out of his home, in order to get a search warrant. He was so careless, so cavalier about it, that he didn't even give the minimum effort to make it look good, cutting and pasting from old warrants, leaving in the "cocaine" ..
May 22, 4:30 AM / TaxProf Blog / Henderson: Advice to University Presidents: Restructure Your Law Schools, or Close ThemNational Law Journal, Law Schools: A Special Report: William D. Henderson (Indiana), The Calculus of University Presidents: Many Must Decide Between Two Difficult Paths: Tackle Law School Restructuring or Close Their Law Schools: For the class entering law school in the fall of 2013, law school appl..
May 22, 4:02 AM / TaxProf Blog / The IRS Scandal, Day 13Jonathan Adler (Case Western), IRS Attorney to Take the Fifth Richard Epstein (NYU), The Real Lesson of the IRS Scandal William Jacobson (Cornell), IRS Head Uses the “P” Word — and Thereby Eviscerates the Claim This Is Not a Political Scandal Donald Tobin (Ohio State), FAQs on 501(c)(4) Spcial Wlfar..
May 22, 2:58 AM / TaxProf Blog / House Holds Hearing Today on The IRS: Targeting Americans for Their Political BeliefsThe House Committe on Oversight and Government Reform holds a hearing today on The IRS: Targeting Americans for Their Political Beliefs at 9:30 a.m. EST (webcast here): Neal S. Wolin (Deputy Secretary, Treasury Department) J. Russell George (Treasury Inspector General for Tax Administration) Lois Le..
May 22, 2:50 AM / Legal Theory Blog / Schwartz on Neoliberalism, Historical Materialism, & LawJustin Schwartz has posted Neoliberalism and the Law: How Historical Materialism Can Illuminate Recent Governmental and Judicial Decision Making (New Labor Forum, 22(2) 71–77 (2013)) on SSRN. Here is the abstract: Neoliberalism can be understood as the deregulation of the economy from political con..
May 22, 2:15 AM / TaxProf Blog / Foreign Tax Credits and the P&G DecisionJohn P. Dombrowski (J.D. 2013, Toledo), Note, Foreign Tax Credits: The Recent Decision in Proctor & Gamble v. United States Allows Procedure to Override the Statutory Intent, 43 U. Tol. L. Rev. 405 (2013): The crux of this article stems from a recent case, Proctor & Gamble (P&G) v. United...
May 21, 11:01 PM / Consumer Law & Policy / New legal challenge to the Affordable Care ActAs explained in this New Republic essay by Si Lazarus , a new challenge to the Affordable Care Act is nearly as threatening to its viability as the now-rejected challenge to its constitutionality. Here's an excerpt: After the Supreme Court upheld the Affordable Care Act last June, Senator Jim DeMin..
May 21, 11:00 PM / Consumer Law & Policy / "Aggregate Litigation and the Death of Democratic Dispute Resolution"That's the name of this article by law professor Linda Mullenix. Here's the abstract: Professor Redish has both anchored the modern class action in American political and constitutional theory, raising serious questions about the legitimacy of this procedural device for resolving aggregate claims. ..
May 21, 10:55 PM / Legal Theory Blog / Kaal on Dynamic Regulation & New Institutional EconomicsWulf A. Kaal (University of St. Thomas, Minnesota - School of Law) has posted Evolution of Law: Dynamic Regulation in a New Institutional Economics Framework (Festschrift in Honor of Christian Kirchner (Forthcoming, 2013)) on SSRN. Here is the abstract: The literature on New Institutional Economics..
May 21, 10:54 PM / Patent Docs / CLS Bank Int'l v. Alice Corp. (Fed. Cir. 2013) (en banc) -- Opinions by Judge Moore, Judge Newman, and Judges Linn and O'MalleyBy Michael Borella -- A previous post presented the background of this case, as well as Judge Lourie's plurality concurrence, and a second post addressed Chief Judge Rader's concurrence-in-part and dissent-in-part. As noted in those posts, Alice's claimed inventions involved the reduction of settlem..
May 21, 10:31 PM / The Situationist / The Situational Benefits of CompassionEmma Seppala , for The Observer , has an outstanding overview of some of the health consequences and contagiousness of compassion. Here is a portion of her article: Decades of clinical research has focused and shed light on the psychology of human suffering. That suffering, as unpleasant as it is,..
May 21, 10:03 PM / Legal Theory Blog / Toh on Relativism & Jus GentiumKevin Toh (San Francisco State University) has posted Legal Relativism and Jus Gentium (APA Newsletter on Philosophy and Law, Forthcoming) on SSRN. Here is the abstract: In "Partly Laws Common to All Mankind": Foreign Law in American Courts ," Jeremy Waldron advocates what could be called "the doct..
May 21, 9:57 PM / madisonian.net / Politics and Innovation, Silicon Valley-StyleGeorge Packer 1, Steven Johnson 0. Johnson tries to take down Packer's critique of the contemporary Silicon Valley plutocracy, but he misses the mark. Packer, a Palo Alto native, knows what he's talking about when he compares the Valley today to the Valley he knew growing up there in the 1960s and..
May 21, 8:36 PM / How Appealing / "Letter to D.C. Circuit Re: Audio Access Policy.""Letter to D.C. Circuit Re: Audio Access Policy." Michelle Olsen has this post today at her "Appellate Daily" blog. As noted here , the D.C. Circuit has previously been receptive to suggestions for online improvements received from appellate law bloggers.
May 21, 8:11 PM / SCOTUSblog / Petition of the dayThe petition of the day is: Planned Parenthood of Indiana, Inc. v. Secretary of the Indiana Family and Social Services Administration 12-1159 Issue: Whether the Indiana statute that disqualifies a health care provider from participating in a government program because, outside that program and wit..
May 21, 7:58 PM / How Appealing / "Cloture filed on Srinivasan (DC Circuit Court)""Cloture filed on Srinivasan (DC Circuit Court)": This post has appeared this evening at the blog of the United States Senate Democrats.
May 21, 6:15 PM / Legal Theory Blog / Smith on the School-to-Prison PipelineChauncee D. Smith (Fordham University School of Law) has posted Deconstructing the Pipeline: Evaluating School-to-Prison Pipeline Equal Protection Cases Through a Structural Racism Framework on SSRN. Here is the abstract: This article posits that a wide range of U.S. education and criminal justice ..
May 21, 5:58 PM / Voir Dire / The United States of Student LoansFrom Federal Reserve Bank of New York (H/T Gawker)
May 21, 5:35 PM / Consumer Law & Policy / "Crowd-Classing Individual Arbitrations in a Post-Class Action Era"That's the name of this article by law professors Myriam Gilles and Anthony Sebok. Here's the abstract: Class actions are in decline, while arbitration is ascendant. This raises the question: will plaintiffs’ lawyers skilled in bringing small-value, large-scale litigation – the typical consumer, em..
May 21, 4:49 PM / Althouse / "Why not raise the rim, to restore basketball to its proper form?""I am a purist at heart for this game, and it galls me to see the players today lack the proper fundamentals in passing, cutting, shooting, setting screens and, above all, proper spacing." But consider this : One of the unique aspects of the game, as created by Naismith, was the height of the baske..
May 21, 4:47 PM / WSJ.com: Law Blog - WSJ.com / Appeals Court Strikes Down Arizona's Abortion LawThese days, if you ignore the news on the abortion front for a day or two, you're bound to miss something interesting. Like a new law, or a lawsuit. Or a controversial new legislative proposal. With that, we thought we'd take the time to get you caught up on recent developments.
May 21, 4:35 PM / How Appealing / "Court Clears the Way for College Star's Lawsuit""Court Clears the Way for College Star's Lawsuit": Joe Palazzolo has this post (free access) at WSJ.com's "Law Blog" reporting on the ruling a divided three-judge panel of the U.S. Court of Appeals for the Third Circuit issued today in an appeal involving a college football video game. Update : In ..
May 21, 4:28 PM / Althouse / The Althouse Amazon portal: provides warmth and reduces drag for faster shopping.By using the Althouse portal , you can buy things you want and – while paying nothing extra – make a contribution to this blog. We notice. We appreciate it. And even if somehow you forget to invoke your 5th amendment privileges we have no way of knowing it's you. From the May 19, 2013 to May 20, 201..
May 21, 4:19 PM / Althouse / "Woman Finds Dog Lost During Tornado While Being Interviewed."
May 21, 4:10 PM / Althouse / "Top IRS official will invoke 5th Amendment.""Lois Lerner, the head of the exempt organizations division of the IRS, won’t answer questions about what she knew about the improper screening — or why she didn’t disclose it to Congress, according to a letter from her defense lawyer, William W. Taylor III."
May 21, 4:08 PM / Adjunct Law Prof Blog /Morris Nichols recently published an interesting piece on the enforceability of contracts to extend the time period for the application of a statute of limitations. http://www.mnat.com/assets/htmldocuments/MorrisNichols_HeringDiVincenzo_May2013.pdf Dimitry Herman
May 21, 3:30 PM / How Appealing / "U.S. court studies wiretaps in ex-Goldman director's insider case""U.S. court studies wiretaps in ex-Goldman director's insider case": Nate Raymond of Reuters has this report . At the "DealBook" blog of The New York Times, Peter Lattman has a post titled " Court Hears Appeal of Ex-Director of Goldman ." And Bloomberg News reports that " Gupta Challenges U.S. Use ..
May 21, 3:28 PM / How Appealing / "UBS, powerful amici urge 2nd Circuit not to meddle with Morrison""UBS, powerful amici urge 2nd Circuit not to meddle with Morrison": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report .
May 21, 3:01 PM / Althouse / Is it legal to...Here's how Google tried to complete the search for me: Is it legal to carry a knife in Wisconsin to make moonshine in Iowa to make moonshine to flip off a cop to own a fox Is that special for me? In fact, none of those guesses is correct. I'd say "own a fox" is closest. Photos coming soon will revea..
May 21, 2:40 PM / Legal Theory Blog / Berg on Schwartzman on Whether Religion Is SpecialThomas C. Berg (University of St. Thomas, St. Paul/Minneapolis, MN - School of Law) has posted Secular Purpose, Accommodations, and Why Religion is Special (Enough) (80 U. Chicago L. Rev. Dialogue 24 (2013)) on SSRN. Here is the abstract: This article is a response to Micah Schwartzman's What If Re..
May 21, 2:30 PM / TaxProf Blog / Steven Colbert on the IRS ScandalThe Colbert Report Get More: Colbert Report Full Episodes,Indecision Political Humor,Video Archive The Colbert Report Get More: Colbert Report Full Episodes,Indecision Political Humor,Video Archive (Hat Tip: Evelyn Brody.)
May 21, 2:30 PM / Antitrust & Competition Policy Blog / Buyer Power in Conglomerate AcquisitionsPosted by D. Daniel Sokol Daniel Greene, Georgia State University - Department of Finance, Omesh Kini, Georgia State University and Jaideep Shenoy, Tulane University - Department of Finance discuss Buyer Power in Conglomerate Acquisitions. ABSTRACT: There is a burgeoning literature...
May 21, 2:28 PM / WSJ.com: Law Blog - WSJ.com / Court Clears the Way for College Star's Lawsuitn a ruling that is likely to reverberate through the video game industry, a federal appeals court said that Electronic Arts Inc. can be sued by a former college quarterback who alleges the game-maker stole his likeness for its popular "NCAA Football" series.
May 21, 2:20 PM / The Faculty Lounge / Fan on Hu’s Biometric ID CybersurveillanceMary Fan has a review over at Jotwell of Margaret Hu’s new article, Biometric ID Cybersurveillance , 88 Indiana L.J.__ (forthcoming 2013). Mary Fan is an Associate Professor of Law at the University of Washington who specializes in cross-border, U.S. and international criminal law and..
May 21, 2:06 PM / Legal Profession Blog / The Batter Is OutThe New York Appellate Division for the First Judicial Department has imposed an interim suspension based on the following: On January 19, 2010, respondent pleaded guilty to three counts of aggravated harassment in the second degree (Penal Law § 240.30,...
May 21, 2:05 PM / TaxProf Blog / Formula Clauses After WandryPatrick J. Duffey (The Duffey Law Firm, Boca Raton, FL), Brian K. Duffey (The Duffey Law Firm, Boca Raton, FL) & Lee-ford Tritt (Florida), A Question of Value: The Evolution of Formula Clauses Through The Decades, 47 Real Prop. Tr.& Est. 467 L.J. (2013): Wealthy families often use closely-held busin..
May 21, 2:00 PM / Legal History Blog / CFP: NYU/Tamiment Cold War History Seminar[We have, via H-Law , the following call for papers.] New York University’s Center for the United States and the Cold War invites New York metropolitan area based scholars to submit proposals to present at the Center’s seminar series. The Cold War seminar is a venue for work in progress. The s..
May 21, 1:51 PM / Workplace Prof Blog / Yesterday's Supreme Court Chevron Decision and Its Impact on the NLRBA very interesting guest post today by Lise Gelernter (Buffalo) on the potential impact of yesterday's U.S. Supreme Court decision involving administrative law and the FCC, which could have some impact on the NLRB's power to interpret the jurisdictional bounds...
May 21, 1:20 PM / TaxProf Blog / Bartlett: The Bush Tax-Cut FailureNew York Times: The Bush Tax-Cut Failure, by Bruce Bartlett: Ten years ago this month, Congress enacted the third major tax cut of the George W. Bush administration. Its centerpiece was a huge cut in the tax rate on dividends. Historically, they had been taxed as ordinary income, but the...
May 21, 12:57 PM / WSJ.com: Law Blog - WSJ.com / Ex-SAC Trader Continues To Press For Details In Insider CaseThe former SAC Capital Advisors LP trader at the center of what prosecutors have called the most lucrative insider-trading case ever continues to press the government for more details about the allegations against him.
May 21, 12:53 PM / PrawfsBlawg / Sperm Donation, Anonymity, and Compensation: An Empirical Legal StudyIn the United States, most sperm donations* are anonymous. By contrast, many developed nations require sperm donors to be identified, typically requiring new sperm (and egg) donors to put identifying information into a registry that is made available to a donor-conceived child once they reach the ag..
May 21, 12:51 PM / The Faculty Lounge / Tom Geu Named Dean Of South Dakota LawProfessor Thomas Geu of the University of South Dakota School of Law has been named the school's new dean. Geu holds a JD from the University of Nebraska and joined the school's faculty in 1990.
May 21, 12:16 PM / SCOTUSblog / Opinion analysis: Justices affirm broad availability of attorney’s fees in vaccine casesI previously have written that the argument in Sebelius v. Cloer presaged a likely defeat for the Solicitor General. Justice Sotomayor’s opinion yesterday firmly rejecting the government’s position was exactly what you would have expected based on the argument. Opinion author in red. The case invol..
May 21, 12:04 PM / Althouse / "Boruch Spiegel, one of the last surviving fighters of the Warsaw ghetto uprising of 1943...""... in which a vastly outgunned band of 750 young Jews held off German soldiers for more than a month with crude arms and Molotov cocktails, died on May 9 in Montreal. He was 93." “We didn’t have enough weapons, we didn’t have enough bullets,” Mr. Spiegel once told an interviewer. “It was like fig..
May 21, 12:00 PM / TaxProf Blog / 2013 Tax Filing Season: Processing, Refunds Down; e-File, IRS Web Site Use UpIR-2013-52, More Taxpayers e-file from Home in 2013 (May 20, 2013): Cumulative statistics comparing 5/11/12 and 5/10/13 Individual Income Tax Returns: 2012 2013 % Change Total Receipts 135,473,000 134,349,000 -0.8 Total Processed 130,261,000 129,674,000 -0.5 E-filing Receipts: TOTAL 112,089,000 113,..
May 21, 11:47 AM / The Faculty Lounge / JusticeKaren Tani at the Legal History Blog has drawn attention to Allan Beever's new book, Forgotten Justice: The Forms of Justice in the History of Legal and Political Theory (OUP, 2013). The argument fron the publisher: Throughout much of the history of political phi..
May 21, 11:45 AM / WSJ.com: Law Blog - WSJ.com / Are Law Schools Neglecting Half of the Brain?A law professor thinks that the theory v. practice debate over legal teaching needs to be reframed.
May 21, 11:45 AM / Antitrust & Competition Policy Blog / When the State Harms Competition ― The Role for Competition LawPosted by D. Daniel Sokol Eleanor M. Fox, New York University School of Law and Deborah Healey, University of New South Wales (UNSW) - Faculty of Law offer an interesting new work When the State Harms Competition ― The Role...
May 21, 11:00 AM / SCOTUSblog / Opinion analysis: U.S. underwrites U.K. tax on privatized energy industryAllison Christians is the H. Heward Stikeman Chair in Tax Law, McGill University Employing what Justice Thomas calls a “commonsense approach,” yesterday the Court unanimously decided in favor of the taxpayer with respect to the creditability of a foreign tax in PPL Corp & Subsidiaries v. Commission..
May 21, 11:00 AM / Legal History Blog / CFP: “Revisiting Charles Beard's An Economic Interpretation of the Constitution: An Interdisciplinary Symposium”From the University of Virginia, we have the following Call for Papers: “Revisiting Charles Beard's An Economic Interpretation of the Constitution: An Interdisciplinary Symposium” University of Virginia October 24, 2013 The University of Virginia School of Law, in conjunction with the Miller Center,..
May 21, 10:56 AM / Legal Theory Blog / Andrews on General Jurisdiction Over PersonsCarol Andrews (University of Alabama - School of Law) has posted Another Look at General Personal Jurisdiction (Wake Forest Law Review, Vol. 47, 2012) on SSRN. Here is the abstract: This article takes a fresh look at general jurisdiction. The doctrine has been the source of considerable confusion a..
May 21, 10:42 AM / Althouse / At the Weeping Redbud Café....... let's do the lavender twist .
May 21, 10:36 AM / Consumer Law & Policy / Does a consumer lack standing to sue for injunctive relief in misrepresentation case when he knows the truth about the product?Rebecca Tushnet’s 43(b) blog reports today on the recent district court decision in Mason v. Nature's Innovation, Inc . (S.D. Cal.). The plaintiff sued the manufacturer of a skin care product for injunctive relief, alleging claims under California consumer statutes and warranty claims based on misr..
May 21, 10:30 AM / Consumer Law & Policy / Supreme Court grants review in Airline Deregulation Act preemption case[Note: This item was posted a few minutes after the another posting on the case. It contains some additional information on the case. HT on the overlap to Andrew Kaufman.] The Supreme Court yesterday granted cert in Northwest, Inc. v. Ginsberg , a case about whether the Airline Deregulation Act's p..
May 21, 10:27 AM / Althouse / What does it mean to say that one case is a "far cry" from another?Here 's the unanimous opinion written by Justice Ruth Bader Ginsburg, in Metrish v. Lancaster , released yesterday, which dealt with a principle of due process that I won't try to summarize. (There's a summary here , at SCOTUSblog.) I only want to talk about the expression "a far cry," used in Metr..
May 21, 10:25 AM / Consumer Law & Policy / Supreme Court to consider whether lawsuit over termination of frequent flyer benefits is preemptedYesterday, the U.S. Supreme Court granted a petition for certiorari in Northwest, Inc. v. Ginsberg , which will give the Court yet another opportunity to address the preemptive scope of a federal statute. In 2005, Rabbi S. Binyomin Ginsberg, a long-time customer of Northwest Airlines, earned the hi..
May 21, 10:01 AM / proSOXblog - Headline News / Public Benefit Corporations in Colorado: Unanswered QuestionsColorado has adopted, effective April 1, 2014, the public benefit corporation act of Colorado (the “PBCA”) that is similar to legislation being considered in Delaware, but completely different from the model benefit corporation act sponsored by B Lab Company ( www.bcorporation.net ) and..
May 21, 10:00 AM / PrawfsBlawg / Entry Level Hiring: The 2013 Report - Final Call for Information (For Real)This is (honestly) the last call for information for the Entry Level Hiring Report. The data collection will close on Friday, May 24. I am aware that I will miss some hires because of this closing date. C'est la report. (And yes, I am also aware that I do not know French.) At any rate, if you have i..
May 21, 9:49 AM / SCOTUSblog / Tuesday round-upYesterday the Court released orders from its May 16 Conference, granting cert. in five new cases; it also issued four opinions in argued cases. In Metrish v. Lancaster , the Court unanimously held that a state prisoner who was convicted of first-degree murder was not entitled to federal habeas reli..
May 21, 9:39 AM / Althouse / 3 Pinocchios for White House aide's assertion that Republicans "doctored e-mails... to smear the president."WaPo's Fact Checker Glenn Kessler looks at something Dan Pfeiffer said on 3 Sunday talk shows relating to the development of the talking points that Susan Rice delivered on 5 Sunday talk shows last fall. [T]he reporters involved have indicated they were told by their sources that these were summari..
May 21, 9:38 AM / WSJ.com: Law Blog - WSJ.com / The Latest Social Media Concern for EmployersA new video sharing app is emerging as the latest source of anxiety for employers worried about social-media risks at the office.
May 21, 9:29 AM / Legal Profession Blog / Dirty LaundryThe Wisconsin Supreme Court has ordered a suspension of two years of an attorney convicted of money laundering. The attorney's misconduct involved money due to a client pursuant to a marital settlement agreement. The attorney held payments while the client...
May 21, 9:24 AM / Antitrust & Competition Policy Blog / 7th International IMEDIPA Conference on Competition Law and PolicyPosted by D. Daniel Sokol 7th International IMEDIPA Conference on Competition Law and Policy Friday, June 7, 2013 at 9:00 AM - Saturday, June 8, 2013 at 5:15 PM (EEST) Athens, Greece IMEDIPA invites you to its 7th International Conference...
May 21, 9:18 AM / SCOTUSblog / Relist watchJohn Elwood reviews Monday’s relisted cases. If you’re reading this post, presumably your early retirement plans didn’t pan out either, meaning you’re probably not in Jamaica preparing for a fulfilling life of lobster shooters and mountains of ganja piña coladas. But luckily, for the rest of us, t..
May 21, 9:12 AM / Legal Profession Blog / Inside OutThe Georgia Supreme Court accepted the voluntary license surrender of an attorney who was employed as in-house counsel for a corporation that allowed him to do outside work as long as he did not do so on company time and...
May 21, 8:56 AM / TaxProf Blog / The IRS Scandal, Day 12Above the Law: On the IRS Mess and What It Means to be a Lawyer American Spectator: Obama and the IRS: The Smoking Gun? Bloomberg: Obama’s Defense in IRS Case Is Pre-Election Ignorance CBS News: Evidence Emerges that Obama Administration Official Knew of IRS Targeting During 2012 Campaign Dorf on.....
May 21, 8:40 AM / Althouse / "Academic freedom and a reasoned debate are essential to our academic community.""However, the Harvard Kennedy School cannot ethically stand behind academic work advocating a national policy of exclusion and advancing an agenda of discrimination." A petition with 1,200 signatures collected by Harvard students, who seem to want an investigation targeting this one case, because t..
May 21, 8:27 AM / Crooked Timber / Call for Participation: Doctoral WorkshopI'm very excited to be hosting a doctoral workshop this summer on “ Developing Best Practices for Using Digital Tools to Study Human Behavior in Online Environments “ . I'm hoping to attract a multidisciplinary group. Please forward, post, tweet, retweet the call for participation below..
May 21, 8:26 AM / PrawfsBlawg / Helping OklahomaJust a quick PSA-type post from this Tuscaloosan: Here are a few sites with suggestions about how to direct your aid for the victims of yesterday's tornado in Oklahoma.
May 21, 8:17 AM / Althouse / "But maybe he should have asked before the gallery opens. Everybody’s talking about it."Well, if "everybody's talking about it," then the artist made a great decision. [T]he residents of a glass-walled luxury residential building across the street had no idea they were being photographed and never consented to being subjects for the works of art that are now on display — and for sale ..
May 21, 8:01 AM / Consumer Law & Policy / Ninth Circuit refuses to enforce arbitration agreement in consumer class action against non-signatory defendantby Brian Wolfman For a long time, the case law under the Federal Arbitration Act (FAA) has been bad for plaintiffs who want to be in court rather than in arbitration. And it's been getting worse in recent years. Class-action bans laundered through adhesive arbitration clauses are strictly enforced,..
May 21, 8:00 AM / Antitrust & Competition Policy Blog / 'Neutral' Search as a Basis for Antitrust Action?Posted by D. Daniel Sokol Marina Lao (Seton Hall) asks 'Neutral' Search as a Basis for Antitrust Action? ABSTRACT: The Federal Trade Commission recently voted unanimously to close its antitrust investigation into Google’s search practices after concluding that the firm’s...
May 21, 7:59 AM / Althouse / "Apple used a 'complex web' of offshore entities — with no employees or physical offices...""... that allowed it to pay little or no taxes on tens of billions it earned overseas, according to a Senate investigation unveiled Monday." While the practice of using foreign operations to avoid U.S. taxes is legal and common among multinationals, Apple’s scheme was unprecedented in its use of mu..
May 21, 7:47 AM / Simple Justice / You're The Ginchiest (and other lame linkbait)Ah, the ego validation that blawgers so crave. The email just arrived, informing me that SJ has been selected as one of the Top 30 Law Blogs of 2013! Woo hoo!!! I want to thank the Academy...oh, wait. It's not from the Academy. Not the Pulitzers. Not even the ABA Journal . It's fr..
May 21, 7:44 AM / Althouse / "You know what has excellent continuity and no appreciation for story?"Reality. Linked by a comment to the Metafilter discussion the very funny "Star Trek Into Darkness: The Spoiler FAQ."
May 21, 7:34 AM / Althouse / "The president’s approval rating, at 51 percent positive and 44 percent negative, has remained steady...""... in the face of fresh disclosures about the IRS, the Benghazi attack and the Justice Department’s secret collection of telephone records of Associated Press journalists as part of a leak investigation."