Washington Post: The Obama administration is escalating its crackdown on tough immigration laws, with lawyers reviewing four new state statutes to determine whether the federal government will take the extraordinary step of challenging the measures in court.
Justice Department lawyers have sued Arizona and Alabama, where a federal judge on Wednesday [...]
LA Times: Reporting from Bonners Ferry, Idaho— To understand the deep rift over federal regulation of endangered species, one only had to sit in the stands of the annual 4-H auction at the Boundary County Fairgrounds here last month, when 14-year-old Jasmine Hill’s handsome pig, Regina, went up for sale.
ABA Journal: ABA President Wm. T. (Bill) Robinson III agrees the poor need more legal help, but says deregulating law practice is not the answer.
Robinson outlines the ABA’s views on legal aid for the poor in a letter to the editor of the New York Times. His letter responds to [...]
ABA Journal: Some workers who beef about the workplace on Facebook and Twitter may be protected from firing or discipline because they are engaging in “protected concerted activity,” according to a report by the National Labor Relations Board.
The report by acting general counsel Lafe Solomon discusses the outcome of investigations [...]
Estate of Denial: What do the New York Times, the Brookings Institution, and the Cato Institute have in common? Turns out we agree on deregulating the legal profession.
From a Times editorial: “Another step is to allow nonlawyers into the mix. The American Bar Association has insisted that only lawyers can provide [...]
ABA Journal: A Manhattan lawyer says he has lost clients because of online posts claiming he is a cheating “scum” who dumped his girlfriends.
Matthew Couloute Jr. is fighting back with a federal lawsuit filed against two ex-girlfriends, including former roller derby queen Stacey Blitsch, the New York Post reports. Couloute, [...]
ABA Journal: An economics professor is making the case for legal protections against looks-challenged people.
Writing an op-ed for the New York Times, University of Texas professor Daniel Hamermesh cites findings that good-looking people make more money, find higher-earning spouses, and get better mortgage deals. One study shows American workers assessed [...]
Estate of Denial:New York businessman James Lieto was an innocent bystander in a fraud investigation last year. Federal agents seized $392,000 of his cash anyway.
An armored-car firm hired by Mr. Lieto to carry money for his check-cashing company got ensnared in the FBI probe. Agents seized about $19 million—including Mr. [...]
Estate of Denial: Here’s a tip for you: Listening to really, really loud sounds over long periods of time can damage your hearing.
Perhaps you already knew that. But a few years back, a group of clever trial lawyers decided they could make some serious money by arguing in court that you [...]
ABA Journal: As the housing market continues to slide, the U.S. government is considering a mortgage refinancing plan and other options to help struggling homeowners.
Many homeowners have been unable to refinance because they are underwater on their mortgages or their credit rating is tainted. Specifics of the plan are unclear, but [...]
ABA Journal: Trucking and telephones have been deregulated, so why not law practice?
The authors of a Wall Street Journal (sub. req.) op-ed are endorsing the idea. The problem isn’t too many lawyers, according to Clifford Winston and Robert Crandall of the Brookings Institution. The problem is the regulatory scheme that restricts [...]
Wealth Strategies Journal: Trademarks have always been an important corporate asset, but these days they can be much more so when they are also internet domain names that attract and direct customers to websites where products are sold. Thus, it follows that a business in distress or in a dispute will naturally try to [...]
ABA Journal: Retired U.S. Supreme Court Justice Sandra Day O’Connor expressed concern Sunday that not even lawyers and members of the judiciary fully recognize the threat to state courts posed by funding cutbacks being imposed by state legislatures.
“No one, not even lawyers and judges, understands what a financial bind the courts [...]
The Volokh Conspiracy: An interesting decision, stemming from the Wolk v. Olson litigation. Here’s the legal background: A publisher is generally not be liable once the statute of limitations (generally a year or longer) has run since the original publication. At that point, under the “single publication rule” — which is generally accepted [...]
Tax Prof Blog: Amazon.com Inc., the world’s largest online retailer, hasn’t charged sales tax in most states since its founding in 1994. And it has taken some extreme measures to keep it that way.
Among them: Staff traveling around the U.S. have been required to first consult a company map that shades [...]
USA Today: A federal subsidy that aids graduate students would be eliminated to boost funding for Pell grants that help low-income undergraduates, under the compromise debt-ceiling bill moving through Congress. That trade-off is one of the few program changes specified in the bill.
The maximum Pell grant of $5,550 would be [...]
Reason.com: The 10th Amendment to the Constitution is like the skinny teenage girl who blossoms over the summer and suddenly finds herself besieged by suitors. Once ignored, it has found a host of champions among Republican presidential candidates who are competing to show their devotion.
The amendment contains just one sentence: [...]
ABA Journal: Two federal appeals decisions this year involving affirmative action and college admissions could bring the issue back before the U.S. Supreme Court.
The Washington Post takes a look at the two cases. In one, Fisher v. University of Texas, the New Orleans-based 5th U.S. Circuit Court of Appeals upheld a [...]
ABA Journal: A new Missouri law set to take effect later this month is aimed at more clearly defining teacher-student boundaries.
But critics say portions of Senate Bill 54, also known as the Amy Hestir Student Protection Act, go too far in limiting social media contact between teachers and their students.
NY Post: If Congress had to name laws honestly, it would be called the “Forcing Your Internet Provider to Spy On You Just In Case You’re a Criminal Act of 2011″ — a costly, invasive mandate that even the co-author of the Patriot Act, Rep. James Sensenbrenner (R-Wisc.), says “runs roughshod over the [...]
ABA Journal: An en banc federal appeals court has upheld a law authorizing the collection of DNA samples from all federal arrestees.
In an 8-6 decision, the Philadelphia-based 3rd U.S. Circuit Court of Appeals ruled that routinely collecting DNA samples from arrestees for a national database does not violate the Fourth Amendment. The Legal [...]
ABA Journal: Calling for an end to a controversial practice, the Virginia-based company that owns Mortgage Electronic Registration Systems (MERS) has announced a change in its rules that apparently would require mortgage loan services to follow longstanding property law principles.
They are no longer to file foreclosure actions in the name of [...]
ABA Journal: Federal criminal statutes have multiplied to such an extent that it has become increasingly difficult to count them.
As a result of the increase, federal prisons now house more than 200,000 inmates, eight times the number 30 years ago, the Wall Street Journal (sub. req.) reports. And more people are [...]
From the ABA Journal:
Physicians fighting a Florida law that restricts them from asking all patients about guns or dropping a patient simply because he or she has a firearm could be facing an uphill legal battle.
During a court hearing today on a lawsuit filed by several physician [...]
ABA Journal: A company that sued a so-called Twittersquatter for using its name to post sarcastic tweets has dropped its legal effort.
Coventry First dropped the suit late Tuesday, according to Public Citizen’s Consumer Law & Policy Blog. Public Citizen had defended the anonymous person who used the @coventryfirst handle. (The author [...]
ABA Journal: It was the fall of 2003 when Giacomo Corrado purchased his very first pair of “stripper shoes.” Strolling in the Soho neighborhood of New York City, Corrado spotted a divine pair of Prada pumps and just had to have them.
But Corrado wasn’t stocking his personal shoe collection; he [...]
ABA Journal: The DeKalb County Bar Association asked a judge Friday to permanently prohibit online forms company LegalZoom from doing business in the state of Alabama for engaging in the unauthorized practice of law.
LegalZoom, founded by O.J. Simpson lawyer Robert Shapiro and partners, offers standardized legal documents such as wills and incorporation documents that can [...]
Fox News: U.S. law-enforcement agencies are increasingly obtaining warrants to search Facebook, often gaining detailed access to users’ accounts without their knowledge.
A Reuters review of the Westlaw legal database shows that since 2008, federal judges have authorized at least two dozen warrants to search individuals’ Facebook accounts. Many of the [...]
Wall Street Journal: Same-sex couples can get married in five states and the District of Columbia—and in New York starting July 25. But the happily-ever-after part doesn’t necessarily extend to their personal finances.
Such couples still can’t file a joint federal tax return, share retirement benefits, shield each other’s assets from estate [...]
Wealth Strategies Journal: A premarital agreement is a contract between two persons who intend to marry that determines their financial rights at the end of the marriage by death or divorce. It seems to be a fairly widespread belief that it is easy to challenge the validity of a premarital agreement in court. [...]