Welcome

Thanks for stopping by my little place on the web. This parking spot is not for me to rant (though there will certainly be some of that), but as a place for my former and current students to converse about the full gamut of law school questions and about the class assignments and goals: you know I feel that conversation is the best learning experience.

So, follow. Check in every few days and chat away: anything is fair game (remember, I live vicariously through all your wild lives). To start, some of you already in law school can express some wisdom since decision time is beginning to arrive for this year’s seniors, and those of you currently being abused can ask the world your questions about the class assignments.

This is for you. Enjoy.

-Prof. B.

Friday, September 19, 2014

sound familiar?

http://www.latimes.com/nation/nationnow/la-na-nn-texas-upskirt-law-overturned-20140919-story.html

Wednesday, September 17, 2014

Tuesday, September 9, 2014

Wednesday, September 3, 2014

Tuesday, September 2, 2014

Maybe facts do not really matter . . .

http://www.nytimes.com/2014/09/02/us/politics/the-dubious-sources-of-some-supreme-court-facts.html?_r=1

Friday, July 4, 2014

Where does Lohan get her legal advice?

https://www.techdirt.com/articles/20140702/11374927761/lindsay-lohan-moves-forward-with-lawsuit-against-gtav.shtml

Tuesday, June 3, 2014

Ah, Florida, yet again

http://news.yahoo.com/watch-florida-judge-beat-lawyer-middle-trial-155017957.html

Wednesday, April 30, 2014

Realize how few people get the issues correctly; that's the skill you need the most:

Notice the argument on pages 13-15;
Exactly what would the warrant application have needed to say to be proper in a case such as this?
(see the problem no one followed up on?)

http://www.supremecourt.gov/oral_arguments/argument_transcripts/13-132_2co3.pdf

Have I not said from the beginning to always make certain you read the case correctly?


Justice Scalia did not:

http://finance.yahoo.com/news/scalia-gets-facts-wrong-epa-dissent-190933498--finance.html

Monday, April 28, 2014

For all you fans of statutory construction:

http://www.washingtonpost.com/news/volokh-conspiracy/wp/2014/04/28/when-fish-are-informational-items-and-part-of-a-record/

Thursday, April 24, 2014

Why it is so hard to be a criminal defense attorney:

http://www.independent.co.uk/news/world/americas/man-charged-with-murder-wants-murder-tattoo-removed-from-neck-before-trial-9278200.html

Wednesday, April 23, 2014

Don't quite know what to do with this, but


how could I pass by a lawsuit about a duck attack:

http://www.katu.com/news/local/250000-lawsuit-for-duck-attack-256273651.html

Monday, April 14, 2014

I have ranted against "shotgun" pleadings in class for years:

and now my former next door neighbor has written an opinion supporting me (remember the sign in my office - thank you, Sally Handmaker):

http://www.ca11.uscourts.gov/opinions/ops/201312696.pdf

For those of you who struggled with sections 50 and 51:

(I know I may be late to this party, thank Google and HeartBleed for that:)

http://pagesix.com/2014/04/09/heigl-slaps-duane-reade-with-6m-suit-for-using-photo-online/

and here's the complaint:

http://www.scribd.com/doc/217334096/Heigl-vs-Duane-Reade-Inc

But I could not pass this by - is there any cause of action in the complaint?

Friday, April 4, 2014

ah, Florida, again, times 3:

http://gawker.com/florida-man-runs-for-congress-embraces-his-cosplay-rap-1556185389

http://members.jacksonville.com/news/crime/2014-04-03/story/federal-jury-returns-puzzling-verdict-civil-rights-case-career-criminal

http://www.3dca.flcourts.org/Opinions/3D13-1294.pdf​


Wednesday, April 2, 2014

Bad legal writing is everywhere!

This opening paragraph would not pass my class; learn from its failure (hint: can you tell what the thesis/why is or even who won and why?):


JUSTICE ALITO delivered the opinion of the Court.

We must decide in this case whether the Airline Deregu­lation Act pre-empts a state-law claim for breach of the implied covenant of good faith and fair dealing. Following our interpretation of the Act in American Airlines, Inc. v. Wolens, 513 U. S. 219 (1995), we hold that such a claim is pre-empted if it seeks to enlarge the contractual obligations that the parties voluntarily adopt. And because the doctrine is invoked in the present case in an attempt to expand those obligations, we reverse the judgment of the Court of Appeals.