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.
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.