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Bettina Altizer – Roanoke Personal Injury Attorney

Wednesday, June 30th, 2010
Source: Profiles In Law Bettina C. Altizer is one of the partners of Altizer & Altizer located in Roanoke, Virginia.  She was born in Uniontown, PA, and knew her whole live she wanted to be an attorney.  After graduating from the University of Virginia with a BA in American Government, she went to UVA’s School of Law.  Today, as [...] Read the rest of the...

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Steven G. Hittelman – New Divorce Attorney in Newport Beach

Wednesday, June 30th, 2010
Source: Profiles In Law Steven G. Hittelman is the new partner of Nelson Hittleman, LLP (formerly Paul J. Nelson & Associates).  The other partner is Mr. Paul J. Nelson.  Hittelman was born in L. A. and graduated from  California State University, Northridge (BA) and Southwestern University School of Law (JD). Memberships Orange County Bar Association, Member, Board of Directors Beverly Hills Bar [...] Read the rest of the...

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Raleigh Workers’ Compensation & Bankruptcy Attorney

Wednesday, June 30th, 2010
Source: Profiles In Law Joshua N. Levy Joshua N. Levy of the Levy Law Offices is a skilled bankruptcy lawyer in Raleigh. He is equally adept as a Raleigh worker compensation attorney. When employees need a workers comp lawyer in Raleigh, they turn to Levy Law Offices.  He was born on August 8, 1974 in Houston, [...] Read the rest of the...

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Hospitality Industry Draws U.S. Labor Department’s Focus.

Wednesday, June 30th, 2010
Source: Federal Employment Law Articles Fisher & Phillips recently participated in a closed-door meeting with U.S. Wage and Hour Division officials in Washington, D.C. to discuss the Labor Department's "Hotel and Motel Resort Pilot Initiative." There appears to be no specific strategy or plan as yet for this investigative program, but it is scheduled to begin in the agency's next fiscal year, which commences on October 1, 2010. It is definite that the Division will target Hospitality employers on two fronts – compliance with both H2B requirements and the Fair Labor Standards Act.


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I-9 audits and fines are on the rise (pdf).

Wednesday, June 30th, 2010
Source: Federal Employment Law Articles Is your company prepared for an investigation?


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On Day 2, Kagan Tries to Appease Republicans

Wednesday, June 30th, 2010
Source: Law.com - Newswire U.S. Supreme Court nominee Elena Kagan attempted Tuesday to defuse Republican concerns about her approach to constitutional law. Kagan declared that Supreme Court decisions regarding gun rights are settled law, disavowed statements by President Barack Obama about the role of empathy in judging, and even sided with Justice Antonin Scalia in endorsing the "originalism" method of constitutional interpretation. The sharpest exchange came over Harvard Law's stance on the military's "don't ask, don't tell" policy. Read the rest of the...

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Mayer Brown, Simmons Call Off Merger Discussions

Wednesday, June 30th, 2010
Source: Law.com - Newswire Simmons & Simmons and Mayer Brown have called off merger talks, the two firms said in a joint press statement sent Tuesday. The firms did not say why the talks ended, but some partners had questioned how the two firms could combine their London presence, while Simmons partners had also questioned whether they wanted to merge with a larger and more profitable firm. Read the rest of the...

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Federal Judge Rules for Merck in State Vioxx Suit

Wednesday, June 30th, 2010
Source: Law.com - Newswire A federal judge has ruled for Merck in the first Vioxx trial to be brought by a state trying to recoup what it paid so residents could take the painkiller under a Medicaid program. The Louisiana attorney general's office filed the case in an attempt to recover more than $20 million spent for Vioxx prescriptions, interest, attorney fees and litigation expenses, said an attorney for the state. The company still faces about 20 similar lawsuits filed by other government entities, according to a Merck spokeswoman. Read the rest of the...

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Aiming for BigLaw? You May Want a Different Target, Happiness Researcher Says

Wednesday, June 30th, 2010
Source: ABA Journal Top Stories Positive psychology expert and lawyer Dan Bowling has a hypothesis: Happiness among law students can’t be explained by who will graduate with a high-paying job or who will earn a degree without a mountain of debt. Indeed, Bowling says, a lot of evidence suggests that the least happy lawyers are associates in big law firms making a lot of money, although there’s no “gold standard” study of the issue. Bowling believes that the law students with the best sense of well-being understand their own personalities and character strengths and pursue careers that will tap those strengths. He’ll get a chance… Read the rest of the...

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Blogger Who Put Juror Info Online Can Be Prosecuted; Intent Will Be Key Issue

Wednesday, June 30th, 2010
Source: ABA Journal Top Stories Reversing a lower court, a federal appeals panel has given the government a green light to prosecute a self-proclaimed neo-Nazi for posting a juror's name and publicly available address information on the overthrow.com website after the unidentified man helped convict a fellow white supremacist. Whether William White intended to encourage potential violence against the foreman of a Chicago jury by doing so is a question of fact for the jury in his own case to decide and the First Amendment guarantee of free speech doesn't prevent the prosecution of the case, the 7th U.S. Circuit Court of Appeals ruled yesterday.… Read the rest of the...

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Coburn to Kagan: ‘How Are You Going to Take Off Your Liberal Hat?’

Wednesday, June 30th, 2010
Source: ABA Journal Top Stories Note: The hearing is in recess and will resume at 9 a.m., ET, Wednesday. Just be yourself. That’s what Sen. Tom Coburn, R-Neb., urged U.S. Supreme Court nominee Elena Kagan to do late Tuesday afternoon. “First, you are dancing a bit—maybe you should be on Dancing with the Stars,” Coburn said lightheartedly as he began his questioning. “I want Americans to know who you are. I don’t know what a liberal progressive is. I know what a liberal is, and I think you’re a liberal. It’s not wrong to know what you believe in.” Coburn proceeded to characterize Kagan as… Read the rest of the...

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On Kagan, Miguel Estrada, and Chinese Food on Christmas

Tuesday, June 29th, 2010
Source: WSJ.com: Law Blog - WSJ.com Sen. Lindsey Graham (R., S.C.), this afternoon touched off the strangest exchange yet in the hearings of Supreme Court nominee Elena Kagan.


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Fundamentals of California Wrongful Death

Tuesday, June 29th, 2010
Source: SettlementBoard.com Learn more about the fundamental aspects of wrongful death law and how it can affect your case in Los Angeles. Read the rest of the...

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What to bring when meeting a divorce attorney

Tuesday, June 29th, 2010
Source: SettlementBoard.com If you are preparing to get divorced in Charleston, you can take certain measures to make the divorce proceedings run smoothly and efficiently.  One of those measures is to work with a divorce attorney who can offer professional expertise and skilled legal representation. When meeting with a divorce attorney for the first time, it is helpful [...] Read the rest of the...

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Will the Supreme Court Have the Last Word On Judicial Pay?

Tuesday, June 29th, 2010
Source: WSJ.com: Law Blog - WSJ.com The current Supreme Court term has just ended. But already folks are starting to get a little jazzed about a case that the court could take up for next term -- one which would ask the justices to rule on whether they and their colleagues throughout the federal judiciary make enough money.


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Despite Grilling, Kagan Plays it Cool on Recent Gun-Control Rulings

Tuesday, June 29th, 2010
Source: WSJ.com: Law Blog - WSJ.com Elena Kagan was earlier Tuesday asked about the Supreme Court's recent gun-control rulings. She did not take the bait.


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What’s Going On With China’s Currency? I Dunno.

Tuesday, June 29th, 2010
Source: China Law Blog

A few years ago, I promised to write about anything that generated at least five shows of interest from readers. There have been times I have regretted that promise, but none more so than now.  I have received five emails from readers asking for our views on the recent currency issues and I even received and rejected a post on that from one of my law firms summer associates.

I have a real problem writing about China's recent currency moves because I am not an economist. I took a whole slew of economics courses in college, including all of the core courses for a major, but I fell one fluff course short. I love economics and I fashion myself as an armchair economist.

But, the impact of currency fluctuations is incredibly difficult to predict and there is absolutely no reason why anyone should listen to my views on that when there are so many people out there who study these sorts of things for a living.  And even they, when pushed, would admit it will be difficult to make predictions on most of the central issues relating to China's currency.

The only thing I will say is what I...

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The Accident and Fatalities Picture in Georgia

Tuesday, June 29th, 2010
Source: SettlementBoard.com The National Highway Traffic Safety Administration or NHTSA, which is part of the U.S. Department of Transportation, keeps traffic safety and accident statistics on an annual, nationwide basis.  These statistics are very detailed and spell out the nature of accidents and fatalities in every U.S. state. For the state of Georgia, statistics show that for the [...] Read the rest of the...

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LaCroix on the Use and Misuse of Legal History in McDonald

Tuesday, June 29th, 2010
Source: The University of Chicago Law School Faculty Blog

This post is cross-posted on SCOTUSblog.

The Thick Edge of the Wedge

by Alison LaCroix

Ever since the Court issued its decision in D.C. v. Heller in 2008, many legal historians have found themselves in the odd position of feeling compelled to defend their methodology against triumphalist congratulations from those outside the field.  In the wake of a decision that found both Justice Scalia and Justice Stevens invoking the Glorious Revolution, early colonial regulations, and the ratification debates, surely legal historians of all persuasions could agree that the insistence of both the plurality and the dissenters on speaking the legal-historical argot was a victory for the methodology.  Even if one disagreed with the justices’ conclusions, perhaps legal historians ought to be grateful that the battle was joined on the field of history.  In short, shouldn’t we see Heller as the moment when the Court finally joined us in the archives?

But, as the Court’s decision in McDonald v. City of Chicago demonstrates, the supposed victory of legal history was pyrrhic at best.  For those of us who insist to our students that a historical approach to constitutional law (as, for example, Philip Bobbitt lists...

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Constantinos G. Fountas – Las Vegas Immigration Attorney

Tuesday, June 29th, 2010
Source: Profiles In Law When you wish to reunite your family or take advantage of a U.S. employment opportunity that substantially affects your future, you need the skilled legal help of a Las Vegas immigration attorney. Before filing any paperwork with immigration, qualified immigration attorneys such as Mr. Fountas can help you select the right types of [...] Read the rest of the...

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Duff Murphy – California Eminent Domain Lawyer

Tuesday, June 29th, 2010
Source: Profiles In Law Duff Murphy is a senior partner with the firm and focuses his practice in the areas of eminent domain laws in California, inverse condemnation and civil litigation. Born in Tucson, Arizona, he is a graduate of the University of Southern California (A.B., Magna Cum Laude, 1976) and Loyola Law School (J.D., [...] Read the rest of the...

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New York City Immigration Lawyer

Tuesday, June 29th, 2010
Source: Profiles In Law Every immigrant faces challenges unique to his or her situation—whether trying to overcome barriers in obtaining visas, legal permanent residency, or U.S. citizenship. Immigration laws are complicated and often do not make sense to the average person. Read the rest of the...

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Still No GINA Regs, But New Website on the Basics.

Tuesday, June 29th, 2010
Source: Federal Employment Law Articles Employers and human-resource professionals have been anxiously awaiting the issuance of the final rules interpreting Title II of the Genetic Information Nondiscrimination Act (GINA). We remain hopeful the regulations will address some thorny issues, such as the implications of employers’ use of internet and social media sites, which may in turn reveal the genetic information of an employee or applicant.


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Sec. Solis Says New Interpretation Expands FMLA

Tuesday, June 29th, 2010
Source: Federal Employment Law Articles Well, we stand corrected. While we said in our summary of the DOL's new Administrator Interpretation (.pdf) on the issue of FMLA leave for those standing in loco parentis for a child that the new interpretation "arguably does not change existing law," Secretary of Labor Hilda Solis evidently thinks that it does. Writing in the Huffington Post, Secretary Solis had this to say about the new interpretation:


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He Shoots…and Misses! Does the World Cup Invite FMLA Abuse?

Tuesday, June 29th, 2010
Source: Federal Employment Law Articles A couple weeks ago, as I was preparing a witness for his deposition (in a Title VII and FMLA case), it dawned on both of us that his deposition would take place mere hours after the deciding Game 6 of the Stanley Cup Playoffs.


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High Court All Over the Map in ‘Bilski’

Tuesday, June 29th, 2010
Source: Law.com - Newswire After more than 60 briefs on both sides and an eight-month vigil for the ruling among patent lawyers, the decision in Bilski v. Kappos issued Monday may have done little to end the debate over what kinds of innovations are or are not eligible for patents. The long-awaited decision was supposed to resolve the patent eligibility of business methods or processes that are not tied to a new machine or don't transform anything. But while rejecting one such patent, it did not rule out method patents in general. Read the rest of the...

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Kagan Focuses on Her Neutrality in Day 1 of Hearings

Tuesday, June 29th, 2010
Source: Law.com - Newswire Elena Kagan sought to position herself Monday as someone who would be a neutral arbiter if confirmed as a justice on the U.S. Supreme Court, defying hopes from the political left and right that she would outline a clear judicial philosophy during her confirmation hearing. Senators will begin questioning Kagan today, but she warned them not to expect any promises about her future positions. "I will make no pledges this week," she said, other than to abide by lessons about working hard and listening to her colleagues. Read the rest of the...

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Justices Expand Second Amendment Gun Rights to States

Tuesday, June 29th, 2010
Source: Law.com - Newswire The Supreme Court on Monday expanded the Second Amendment's reach to the states, opening the door to challenges of local handgun laws across the country. In McDonald v. Chicago, a 5-4 majority said a Chicago handgun ban may have violated Second Amendment rights established in the Court's landmark Heller decision. Justice Samuel Alito Jr., who delivered the majority opinion in McDonald, wrote that the right to keep and bear arms is "among those fundamental rights necessary to our system of liberty." Read the rest of the...

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Trans-formation

Tuesday, June 29th, 2010
Source: Marquette University Law School Faculty Blog

A year ago, President Barack Obama issued a proclamation naming June “Lesbian, Gay, Bisexual and Transgendered Pride Month.”  The proclamation effectively incorporated the transgendered community into President Bill Clinton’s 2000 proclamation, which named June “Gay & Lesbian Pride Month.”  In honor of the transgendered community, their legal rights, and the month of June, it seems appropriate to discuss gender identity discrimination and the infamous “trans panic defense.”

The overall struggle that transgender people face is similar to the struggle that gays and lesbians face, but for transgender people, the progressive change for their legal rights seems to be slower.  Currently, in 38 states it is still legal to discriminate based on gender identity.  Comparatively, 30 states have not yet developed laws against sexual orientation discrimination.  Wisconsin was the first state to ban employment discrimination based on sexual orientation, and it did so in 1982.  However, as of yet, it has not created equal legislation regarding gender identity.

Discrimination based on gender identity is more commonplace than most people realize.  According to the Human Rights Campaign, transgendered individuals suffer from a wide array of injustice including hate crimes, work place...

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Filing Workers Compensation Claims

Tuesday, June 29th, 2010
Source: SettlementBoard.com Use a Professional when filing workers compensation claims When individuals who have been injured on the job prepare to submit their workers comp claim, or when an injured individual prepares to submit a personal injury claim, the question often arises as to whether there is a need to hire the services of an attorney in the [...] Read the rest of the...

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