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Ellsberg: WikiLeaker Should Be Admired for His Courage

Monday, July 26th, 2010
Source: WSJ.com: Law Blog - WSJ.com Daniel Ellsberg, who leaked the Pentagon Papers, said whoever leaked the classified material on Afghanistan to WikiLeaks should be praised for his courage.


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Despite ‘Utter Lack of Taste & Propriety,’ FB Posts Didn’t Libel & Parents Had No Duty to Monitor

Monday, July 26th, 2010
Source: ABA Journal Top Stories In an apparent effort to extend the frontiers of defamation law where cyberbullying is concerned, a New York law firm sued four former classmates of an Oceanside High School student and their parents seeking $6 million in compensatory and punitive damages for an alleged vicious Facebook onslaught under the guise of humor. But a state supreme court judge in Nassau County granted a defense summary judgment motion, explaining in a written opinion (PDF) provided by the New York Law Journal that the statements at issue were not grounded in fact. Additional problems, according to the opinion, were presented because the… Read the rest of the...

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Despite ‘Utter Lack of Taste & Propriety,’ FB Posts Didn’t Libel & Parents Had No Duty to Monitor

Monday, July 26th, 2010
Source: ABA Journal Top Stories In an apparent effort to extend the frontiers of defamation law where cyberbullying is concerned, a New York law firm sued four former classmates of an Oceanside High School student and their parents seeking $6 million in compensatory and punitive damages for an alleged vicious Facebook onslaught under the guise of humor. But a state supreme court judge in Nassau County granted a defense summary judgment motion, explaining in a written opinion (PDF) provided by the New York Law Journal that the statements at issue were not grounded in fact. Additional problems, according to the opinion, were presented because the… Read the rest of the...

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What Debt Relief Does Chapter 7 Provide?

Monday, July 26th, 2010
Source: SettlementBoard.com Part of evaluating whether Chapter 7 bankruptcy can help you resolve financial problems is understanding what debts can be cleared and cannot be cleared by filing this type of bankruptcy. Debts that can be cleared For the most part, Charlotte chapter 7 allows you to discharge unsecured debt.  Unsecured debt is debt that is not [...] Read the rest of the...

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Pentagon Papers II? On WikiLeaks and the First Amendment

Monday, July 26th, 2010
Source: WSJ.com: Law Blog - WSJ.com Will charges be filed against anyone involved with WikiLeak's publication of classified military documents from the war in Afghanistan? Legal scholars have their doubts.


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Despite Public Right to Take Photos, Police Are Camera-Shy and Worry About Pix of Buildings

Monday, July 26th, 2010
Source: ABA Journal Top Stories In theory, citizens have a constitutional right to take photographs in public places, under most circumstances. In practice, in a post-Sept. 11, 2001 world, doing so may well get you questioned by police if your subject is a public building or police themselves. And if you assert your rights, the situation could escalate, according to the Washington Post. While several jurisdictions say they plan to provide more training to security officers to help them determine what is and isn't appropriate, the problem continues. Among those who have recently complained about overly aggressive intervention is a retired oceanographer who says he… Read the rest of the...

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Despite Public Right to Take Photos, Police Are Camera-Shy and Worry About Pix of Buildings

Monday, July 26th, 2010
Source: ABA Journal Top Stories In theory, citizens have a constitutional right to take photographs in public places, under most circumstances. In practice, in a post-Sept. 11, 2001 world, doing so may well get you questioned by police if your subject is a public building or police themselves. And if you assert your rights, the situation could escalate, according to the Washington Post. While several jurisdictions say they plan to provide more training to security officers to help them determine what is and isn't appropriate, the problem continues. Among those who have recently complained about overly aggressive intervention is a retired oceanographer who says he… Read the rest of the...

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Manning ‘Person of Interest’ in Military’s WikiLeaks Probe

Monday, July 26th, 2010
Source: WSJ.com: Law Blog - WSJ.com One of the military investigators' first stops is the computers used by Bradley Manning, a U.S. Army intelligence analyst charged this month with leaking classified information, to see if he is the source of the leaks.


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Why China Companies Are A Litigation Mark (As In Sucker), Part II.

Monday, July 26th, 2010
Source: China Law Blog

The other day, in a post entitled, "Why United States Lawsuits Against Chinese Companies Are Trending Up. Just Follow The Money," I talked of how U.S. lawsuits against Chinese companies are rapidly increasing. That post posits various reasons why this is the case, focusing mostly on increased US-China trade and on an increase in Chinese companies with U.S. assets worth seizing.  

I just read a very thoughtful post that provides another really good explanation: Chinese companies do not hire the right lawyers. The post is entitled, "The Stakes Are Too High For China Not To Cooperate And Participate In Trade Remedy Disputes, And To Hire The Best Counsel," and though its focus is on anti-dumping cases against Chinese companies, its analysis has a much broader application.

The post talks of how Chinese companies that hire top counsel for their anti-dumping cases fare surprisingly well, while those who hire counsel based strictly on their low fees, virtually never win. The explanation for these disparate results is rather simple:

There is no guarantee, of course, that when a Chinese company spends more money on legal services it will necessarily get better results, but there are market reasons why...

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Teaching International Criminal Law in Germany

Monday, July 26th, 2010
Source: Marquette University Law School Faculty Blog

Today marks the start of the second week of the Summer Session in International and Comparative Law in Giessen Germany.  Pictured at the top of this post is the “castle,” the building where my class in International Criminal Law meets.  Inside this charming old exterior are some of the modern and fully equipped classrooms of Justus Liebig University, although the Justus Liebig Law School itself is physically located elsewhere.

My International Criminal Law class has 34 students.  There are 15 students from Marquette University Law School, 4 students from the University of Wisconsin Law School, and 4 students from other U.S. law schools.  The remaining 11 students come from law schools around the world, including Germany, Ethiopia, Turkey, Luxembourg, South Africa, Norway, Greece and Brazil.

Giessen is a college town.  It is dominated by University buildings spread throughout the town, much like Madison, Wisconsin.  There are numerous outdoor beer gardens and cafes, and the local population seems to spend much of their time sitting outside and drinking either coffee or beer.  It seems appropriate that the word “Giessen” translates into english as “pouring.”

The course offerings for the Summer Session are quite substantive,...

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DOL Publishes Guidance On FLSA Lactation-Break Requirement.

Monday, July 26th, 2010
Source: Federal Employment Law Articles The U.S. Labor Department has released its general views about the meaning of the federal Fair Labor Standards Act's new lactation-break requirement that was the subject of our April 1, 2010 post. You will recall that FLSA-covered employers must now grant breaktime to a worker for the purpose of expressing breastmilk for her nursing child.


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DOL Publishes Guidance On FLSA Lactation-Break Requirement.

Monday, July 26th, 2010
Source: Federal Employment Law Articles The U.S. Labor Department has released its general views about the meaning of the federal Fair Labor Standards Act's new lactation-break requirement that was the subject of our April 1, 2010 post. You will recall that FLSA-covered employers must now grant breaktime to a worker for the purpose of expressing breastmilk for her nursing child.


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Patient’s preference for white aides does not trump health care employer’s duty to its employees to abstain from race-based work assignments.

Monday, July 26th, 2010
Source: Federal Employment Law Articles The 7th U.S. Circuit Court of Appeals has ruled that a nursing home’s policy of complying with patients’ wishes to be treated only by white health care workers can form the basis of a racially hostile work environment for non-white employees.


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Patient’s preference for white aides does not trump health care employer’s duty to its employees to abstain from race-based work assignments.

Monday, July 26th, 2010
Source: Federal Employment Law Articles The 7th U.S. Circuit Court of Appeals has ruled that a nursing home’s policy of complying with patients’ wishes to be treated only by white health care workers can form the basis of a racially hostile work environment for non-white employees.


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New Mandatory Posting for Government Contractors (pdf).

Monday, July 26th, 2010
Source: Federal Employment Law Articles President Obama continues his support of big labor with a first of its kind mandatory employer posting requirement designed to advise employees how to form or affiliate with a labor union. If you are a federal contractor or subcontractor - or are thinking about becoming one – you will want to read about this important development.


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New Mandatory Posting for Government Contractors (pdf).

Monday, July 26th, 2010
Source: Federal Employment Law Articles President Obama continues his support of big labor with a first of its kind mandatory employer posting requirement designed to advise employees how to form or affiliate with a labor union. If you are a federal contractor or subcontractor - or are thinking about becoming one – you will want to read about this important development.


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