War of the Wages
Interns working in unpaid positions may finally be getting the compensation they desire by filing lawsuits. [...]
Topics
Lifetime tenure – an indispensable ingredient in our Constitution
When vocal advocates are on the losing side of a judicial decision, a common reaction has been to demand an end to lifetime tenure. But this “solution” may cause more problems than it would solve. [...]
A picture may be worth a thousand words, but what will it cost tobacco companies?
The Supreme Court refuses to hear tobacco companies’ challenge to the 2009 Family Smoking Prevention and Tobacco Control Act. [...]
Former student protected after bashing Cooley Law School
The Michigan Court of Appeals considered First Amendment rights and ruled in favor of a former law student by issuing a protective order for anonymous speech. [...]
Preserving public accountability: quashed subpoenas and the journalist’s privilege
Despite widespread state adoption of media shield laws, there remains no statutory equivalent at the federal level. [...]
Prove it! Musings on advocacy, evidence, and the problems of proof at trial: To Lead or Not to Lead, That is the Question?!
Leading questions ordinarily allowed on cross-examination can be entirely inappropriate on direct-examination, but this does not mean only non-leading questions are permitted on direct. [...]
Better think twice before leaving your advice
Businesses take steps to fight negative online reviews of their products and services, causing some to rethink their online activity. [...]
Cruise Ships — Vacation Oases or Floating Nightmares?
Travelers on board disaster-stricken cruise ships seek legal remedies, and one politician urges the enactment of new legislation to protect passengers’ rights. [...]
“Safe Until Proven Dangerous”: Reforming the Toxic Substances Control Act
The flaws in the TSCA may finally be remedied through a breakthrough bipartisan bill initiated in the Senate. [...]
Collegiate Athletics: For the love of the game, or the love of money?
On June 20, 2013, a federal court in California will hear arguments to determine whether O’Bannon v. NCAA will be classified as a class-action lawsuit. If the class is certified, major changes could be much more likely to soon be underway for collegiate athletics. [...]
Rules of engagement [rings]
Mario Williams may not be able to force his ex-fiancée to return his engagement ring, depending on the approach employed by the Texas courts. [...]
The James Holmes trial turns its focus to knowing right from wrong
July 20, 2012. Just after midnight. A dark movie theater in Aurora, Colorado. Audience members are seated to watch the highly anticipated Dark Knight Rises, the final film in the acclaimed Batman series. But what begins as a theater buzzing with excitement over the on-screen entertainment quickly turns into a theater filled with cries of terror over the real-life nightmare occurring in the theater. No longer is the audience captivated by Bane, the movie’s villain with his [...]
Drug testing for Welfare recipients: as simple as it sounds?
N.C. Senate Bill 594, which would mandate drug testing for all welfare beneficiaries and require the beneficiary to front the testing costs, is far from a simple “solution” to a quite complex issue. [...]
You have one new Facebook notification: You’ve been served
“You’ve been served” is something no one ever wants to hear, but what if while checking out your new friend requests on Facebook, you were also greeted with a notification of service? While it seems far-fetched, Manhattan federal judge Paul Engelmayer ruled in March that U.S. Government lawyers could serve process on a group of defendants in India via Facebook. The Federal Rules of Civil Procedure require the method of service to be one reasonably calculated to give notice. Rule 4(f) of [...]
Thwarting Equality and Justice for All [Updated]
Updated June 7, 2013: The North Carolina General Assembly House voted on Wednesday, June 5 to repeal the Racial Justice Act on a 77 to 39 vote. The vote was split strictly along party lines, with no Democrats supporting repeal and only one Republican representative opposing repeal. The Senate passed an almost-identical bill in April 2013 but must now approve minor changes made by the House. Republican Governor Pat McCrory is widely expected to sign the bill, as well. Although the [...]