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.

Tuesday, December 30, 2014

Monday, December 22, 2014

And, sometimes, lawyers should just keep their mouths shut . . .

http://sports.yahoo.com/news/florida-states-fisher-relieved-winston-ruling-185502940--ncaaf.html

hum-m-m-m

http://tmz.vo.llnwd.net/o28/newsdesk/tmz_documents/1222-bill-cosby-cnn-tmz-document.pdf

Wednesday, December 10, 2014

Ah, vanity! Take this as a lesson:

http://nypost.com/2014/11/05/tourist-plunges-to-her-death-while-taking-selfie/

Tuesday, December 9, 2014

Thursday, December 4, 2014

We waste a lot of judicial time:

http://www.courthousenews.com/2014/12/04/chimp.pdf

O, Florida, I love you so . . .

http://www.huffingtonpost.com/2014/12/04/for-profit-college-strippers-fasttrain_n_6270712.html?ncid=tweetlnkushpmg00000056

Wednesday, December 3, 2014

Tuesday, December 2, 2014

Time to hone your negotiation skills . . .

http://dealbook.nytimes.com/2014/12/01/law-school-becomes-buyers-market-as-competition-for-best-students-increases/?_r=1

See, each and every word really does matter!

http://www.nytimes.com/2014/12/03/us/supreme-court-called-on-to-decipher-one-word.html?mabReward=RI%3A9&action=click&contentCollection=College%20Football&region=Footer&module=Recommendation&src=recg&pgtype=article

Friday, November 21, 2014

There IS a reason I teach English:

http://happyplace.someecards.com/america/former-high-school-teacher-congressman-irks-gop-by-marking-their-memos-with-a-red-pen/

Wednesday, November 19, 2014

While I think the Jack Daniels letter is more appropriate,

I cannot let this one go by:

file:///Users/jbrecher/Downloads/246989403-Randazza-v-Rsd-Asshats.pdf

Duh!!

http://www.nytimes.com/2014/11/20/technology/college-applicants-sanitize-online-profiles-as-college-pry.html?partner=rss&emc=rss&_r=1

Tuesday, October 28, 2014

Duh-h-h (and for the current 340s: pay attention)

http://www.latimes.com/business/technology/la-fi-tn-manuel-noriega-activision-call-of-duty-20141028-story.html

Friday, October 10, 2014

Now that my 340 class is about to reach "Lindsay land" . . .

it's time to play, read the complaint and see if you can find a NY cause of action!


http://www.hollywoodreporter.com/thr-esq/lindsay-lohan-bulks-up-lawsuit-739538

Case or no case?

https://music.yahoo.com/news/don-henley-sues-maker-henley-t-shirt-over-185600686-rolling-stone.html

O how I love being an English teacher teaching law!

http://chronicle.com/blogs/linguafranca/2014/10/10/how-about-that/?cid=at&utm_source=at&utm_medium=en

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.

For you very "old" students who had covenant of good faith and fair dealing with poor Charlotte:

http://www.supremecourt.gov/opinions/13pdf/12-462_p8k0.pdf

Monday, March 24, 2014

Wednesday, March 19, 2014

As much as I (justifiably) pick on my old state of Florida:



In the modern world of no dialogue based on facts (just consider the press talking head frenzy on the missing Malaysian airliner), it's awfully nice to see a Court which understands how the actual facts really matter (read pages 18-40):

http://www.floridasupremecourt.org/decisions/2014/sc11-1148.pdf

Let's play the commercial appropriation game (esp. current students):

Assuming this is in New York (as it appears to be), case or no case (and how do you grade the letters):

http://www.naughtyjewishboys.com/Naughty_c_d_letter.pdf

http://www.naughtyjewishboys.com/njgresponseletter-1.pdf

Monday, March 17, 2014

From Forbes, law salaries to start (some interesting choices 11-25):

Here are the top 25 schools whose grads earn the highest median starting salaries:
1. Columbia Law School
Starting pay: $146,900
Mid-career pay: $176,200
2. Harvard Law School
Starting pay: $125,400
Mid-career pay: $201,400
3. Northwestern University School of Law
Starting pay: $110,800
Mid-career pay: $210,000
4. University of Chicago Law SchoolStarting pay: $105,100
Mid-caeer pay: $177,500
5. Stanford Law School
Starting pay: $104,000
Mid-career pay: $217,300
6. Yale Law School
Starting pay: $101,800
Mid-career pay: $165,000

7. University of Virginia School of LawStarting pay: $97,400
Mid-career pay: $153,900
8. University of Michigan Law School
Starting pay: $95,500
Mid-career pay: $198,700
9. Cornell University Law School
Starting pay: $93,500
Mid-career pay: $180,000
10. Duke University School of Law
Starting pay: $87,700
Mid-career pay: $206,900
11. University of California at Los Angeles School of Law
Starting pay: $84,200
Mid-career pay: $184,500
12. University of California Hastings College of the LawStarting pay: $83,900
Mid-career pay: $130,100
13. Georgetown University Law SchoolStarting pay: $83,700
Mid-career pay: $180,900
14. University of California at Berkeley School of LawStarting pay: $82,700
Mid-career pay: $160,400
15. University of Utah S.J. Quinney College of LawStarting pay: $82,000
Mid-career pay: $114,300
16. University of Southern California Gould School of LawStarting pay: $80,300
Mid-career pay: $192,800
17. University of Houston Law CenterStarting pay: $79,400
Mid-career pay: $136,100
18. University of San Francisco School of LawStarting pay: $79,300
Mid-career pay: $126,000
19. University of Colorado Law SchoolStarting pay: $77,400
Mid-career pay: $125,700
20. University of Texas at Austin School of LawStarting pay: $76,700
Mid-career pay: $158,000
21. New York University School of LawStarting pay: $76,300
Mid-career pay: $177,800
22. Fordham University School of LawStarting pay: $76,200
Mid-career pay: $155,300
23. Catholic University of America Columbus School of LawStarting pay: $75,600
Mid-career pay: $146,400
24. University of San Diego School of Law
Starting pay: $75,300
Mid-career pay: $114,700
25. Santa Clara University School of Law
Starting pay: $75,100
Mid-career pay: $192,200

Thursday, March 6, 2014

Ah, the return of Glas


http://weblinks.westlaw.com/result/default.aspx?action=Search&cnt=DOC&db=MA%2DORSLIP&eq=search&fmqv=c&fn=%5Ftop&method=TNC&mt=Westlaw&n=4&origin=Search&query=TO%28ALLSCT+ALLSCTRS+ALLSCTOJ%29&rlt=CLID%5FQRYRLT657915157073&rltdb=CLID%5FDB232165057073&rlti=1&rp=%2Fsearch%2Fdefault%2Ewl&rs=MAOR1%2E0&service=Search&sp=MassOF%2D1001&srch=TRUE&ss=CNT&sskey=CLID%5FSSSA363405057073&sv=Split&vr=1%2E0

Why I am opposed to lawyer advertising #73

https://www.youtube.com/watch?v=5KfACTAOPa0

Monday, March 3, 2014

Friday, February 14, 2014

She have a cause of action?

http://it-lex.org/wi-man-receives-30-month-internet-ban-after-sending-random-craigslist-users-to-neighbors-house/

Monday, February 10, 2014

I have avoided this because it is so obvious:

But so many of my past students have e-mailed me:

http://www.latimes.com/local/lanow/la-me-ln-dumb-starbucks-corporation-20140210,0,6899826.story#axzz2sxhJHZTq

PS - This is one reason your commercial appropriation was in New York and not federal - even if this were "parody" and one word does not parody make, there is a serious trademark problem here.

Monday, February 3, 2014

If you have not seen this lawyer ad on Deadspin:

http://deadspin.com/georgia-lawyers-local-super-bowl-ad-is-batshit-amazing-1514869904

I am speechless.

But, at least, it has production values better than this:

https://www.youtube.com/watch?v=Nwt1rHo1P_M

Friday, January 31, 2014

Knowing how I feel about lawyers advertising . . .

how does this strike you?

http://southfloridalawyers.blogspot.com/2014/01/breaking-mike-grieco-has-opinions-about.html

Tuesday, January 28, 2014

Once again, let's play find the cause of action:

http://www-deadline-com.vimg.net/wp-content/uploads/2014/01/Complaint_-_Tarantino_v_Gawker_Media_et_al__140127161659.pdf

P.S. - Notice line 19, page 2 - I guess the Addams family cousin wrote the screenplay.

Monday, January 13, 2014

Remember when I always say that WHERE you want to end up living matters:

not that I buy into the whole "superlawyers" idea at all, but notice how the local schools make the local "stars" (and how few real national law schools there are):


http://www.online-paralegal-programs.com/superlawyers/