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
This is why you go to law school!
Monday, December 22, 2014
And, sometimes, lawyers should just keep their mouths shut . . .
Wednesday, December 17, 2014
Even though it is David Boies, are you frightened?
Wednesday, December 10, 2014
Ah, vanity! Take this as a lesson:
Tuesday, December 9, 2014
Friday, December 5, 2014
Thursday, December 4, 2014
O, Florida, I love you so . . .
Wednesday, December 3, 2014
As you prepare to file your law school applications . . .
http://qz.com/299923/why-job-referrals-matter/
Tuesday, December 2, 2014
Time to hone your negotiation skills . . .
See, each and every word really does matter!
Friday, November 21, 2014
There IS a reason I teach English:
Wednesday, November 19, 2014
While I think the Jack Daniels letter is more appropriate,
file:///Users/jbrecher/Downloads/246989403-Randazza-v-Rsd-Asshats.pdf
Duh!!
Friday, November 14, 2014
If you have wondered why I am so opposed to legal advertisements:
Thursday, October 30, 2014
For old 440-ers, class action rules and, for everyone else, even tho I hated RICO as a criminal lawyer . . .
Tuesday, October 28, 2014
Duh-h-h (and for the current 340s: pay attention)
Friday, October 10, 2014
Now that my 340 class is about to reach "Lindsay land" . . .
http://www.hollywoodreporter.com/thr-esq/lindsay-lohan-bulks-up-lawsuit-739538
Case or no case?
O how I love being an English teacher teaching law!
Friday, September 19, 2014
sound familiar?
Wednesday, September 17, 2014
Is following rules that hard?? -- "Counsel’s tactic would not be appropriate for a college term paper"
see the bottom of page 2
Tuesday, September 9, 2014
Arguing in my old home court (always know what you are doing!):
http://www.ca5.uscourts.gov/OralArgRecordings/14/14-30053_9-5-2014.mp3
Monday, September 8, 2014
Wednesday, September 3, 2014
And you think I mention dressing in court too much . . .
Tuesday, September 2, 2014
Maybe facts do not really matter . . .
Friday, August 29, 2014
What does this say about police officers you might meet in court?
Friday, July 4, 2014
Where does Lohan get her legal advice?
Tuesday, June 3, 2014
Ah, Florida, yet again
Wednesday, April 30, 2014
Realize how few people get the issues correctly; that's the skill you need the most:
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:
Thursday, April 24, 2014
Why it is so hard to be a criminal defense attorney:
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
Friday, April 18, 2014
Commercial appropriation appears everywhere, doesn't it, class?
He may be a Supreme Court Justice, but he is an idiot . . .
Scalia criticizes historic Supreme Court ruling on freedom of the press -
http://www.latimes.com/nation/nationnow/la-na-nn-scalia-ginsburg-supreme-court-libel-20140418,0,3941111.story#ixzz2zHPNpE5l
Monday, April 14, 2014
I have ranted against "shotgun" pleadings in class for years:
http://www.ca11.uscourts.gov/opinions/ops/201312696.pdf
For those of you who struggled with sections 50 and 51:
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://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!
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:
Tuesday, April 1, 2014
And, current classes, speaking of defamation: case or no case?
For you "Office Space" fans, a little commercial appropriation discussion:
Monday, March 24, 2014
There is a difference between television fantasy law and reality law:
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):
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):
Starting pay: $146,900
Mid-career pay: $176,200
Starting pay: $125,400
Mid-career pay: $201,400
Starting pay: $110,800
Mid-career pay: $210,000
Mid-caeer pay: $177,500
Starting pay: $104,000
Mid-career pay: $217,300
Starting pay: $101,800
Mid-career pay: $165,000
7. University of Virginia School of LawStarting pay: $97,400
Mid-career pay: $153,900
Starting pay: $95,500
Mid-career pay: $198,700
Starting pay: $87,700
Mid-career pay: $206,900
Starting pay: $84,200
Mid-career pay: $184,500
Mid-career pay: $130,100
Mid-career pay: $180,900
Mid-career pay: $160,400
Mid-career pay: $114,300
Mid-career pay: $192,800
Mid-career pay: $136,100
Mid-career pay: $126,000
Mid-career pay: $125,700
Mid-career pay: $158,000
Mid-career pay: $177,800
Mid-career pay: $155,300
Mid-career pay: $146,400
Starting pay: $75,300
Mid-career pay: $114,700
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
Monday, March 3, 2014
Speaking of commercial appropriation (as my 340 classes are about to do):
And they say there are no new areas of law practice
http://www.vaselfdefenselaw.com/
Friday, February 14, 2014
She have a cause of action?
Monday, February 10, 2014
I have avoided this because it is so obvious:
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:
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 . . .
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:
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:
http://www.online-paralegal-programs.com/superlawyers/