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Same-Sex Divorce a No Go in Dallas

Tuesday, August 31st, 2010
Source: WSJ.com: Law Blog - WSJ.com Let's say two men legally married in a state that recognizes same-sex marriage try to divorce in a state that doesn't. What happens?


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Texas Appeals Court Says Trial Judge Lacked Jurisdiction to Order Same-Sex Divorce

Tuesday, August 31st, 2010
Source: ABA Journal Top Stories Reversing a trial court, a Texas appellate panel has ruled that the judge lacked the power to divorce a same-sex couple who married in another state. Although same-sex marriages are prohibited in Texas, District Judge Tena Callahan found that the 14th Amendment of the U.S. Constitution required the state to grant a same-sex couple married elsewhere a divorce on equal protection grounds. However, the the Fifth District Court of Appeals in Dallas said the state the lacked the jurisdiction to grant a divorce under such circumstances, reports the Dallas Morning News. Attorney Peter Schulte of Dallas represents one of the… Read the rest of the...

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Historic Military Flag Tied to Tea Party Tests Limits of Ariz. Flag-Flying Law

Tuesday, August 31st, 2010
Source: ABA Journal Top Stories A historic 'Don't Tread on Me' flag dates back to the American Revolution, but is now associated with the modern-day Tea Party movement. So an Arizona man is having a tough time convincing his homeowner association that he should be allowed to fly the historic military flag, reports the New York Times. An Arizona law allows unit owners to fly the American flag, the state flag, military flags and flags for Indian nations. However, it doesn't expressly include the Don't Tread on Me banner, which is known as the Gadsden flag. Hence, the Avalon Village Community Association is threatening to… Read the rest of the...

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How to Negotiate a Workers Compensation Claim in Detroit

Tuesday, August 31st, 2010
Source: SettlementBoard.com For a workers comp claim in Detroit, it is advised that you follow the four steps below as carefully as possible and consult a lawyer with any questions, immediately. Remember... Read the rest of the...

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Is Hateful Speech at a Military Funeral Protected by the First Amendment?

Tuesday, August 31st, 2010
Source: WSJ.com: Law Blog - WSJ.com The opening of the 2010-11 Supreme Court term is still over a month away. Nevertheless, now's the time when the nation's Supreme Court scribes begin previewing the big cases of the upcoming term.


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Man in Custody re Death Threat to Judge; Courthouse Evacuated

Tuesday, August 31st, 2010
Source: ABA Journal Top Stories A 22-year-old burglary suspect is in custody after threats to kill a judge led to the evacuation yesterday of the courthouse at which he was to be sentenced. Steven Martinez hasn't been charged in connection with the threats yesterday afternoon, but Santa Fe County Sheriff Greg Solano says he expects related charges to be filed, reports the New Mexican. An individual called 911 at about 1:20 p.m. yesterday and threatened to kill an unspecified judge at the courthouse. Another call was placed about 20 minutes later to District Judge Michael Vigil, who is overseeing the burglary case against Martinez, and… Read the rest of the...

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Judges in Jeopardy: ALJs Feeling Heat From Disgruntled Litigants

Tuesday, August 31st, 2010
Source: WSJ.com: Law Blog - WSJ.com Quick: name some dangerous jobs. Working in a coal mine? Logging trees in a Pacific Northwest forest? How about working as an administrative law judge?


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Dallas Criminal Defense: How Does Criminal Law Differ in Texas?

Tuesday, August 31st, 2010
Source: SettlementBoard.com The state of Texas, full of unique culture and overflowing with history, is also plagued with high crime rates. In fact, some Texas cities rank among the highest in the nation in regards to violent crime. Everything is bigger in Texas, including the harsh penalties for criminal conviction. The state of Texas is one of [...] Read the rest of the...

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Los Angeles Sex Crime Attorney – Rangel Law Firm, P.C.

Tuesday, August 31st, 2010
Source: SettlementBoard.com Decio Rangel, Jr. is a criminal law specialist, los angeles sex crime attorney,  who possesses the qualities that make him a formidable advocate for the rights of the accused. With his extensive trial and courtroom experience and knowledge of how prosecuting agencies function, he is able to achieve outstanding results for his clients. Sex Crimes [...] Read the rest of the...

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What I Wish I Had Known When I Started Law School, Part I

Tuesday, August 31st, 2010
Source: Marquette University Law School Faculty Blog

Editors’ Note: As each new 1L class begins its legal education, our thoughts often turn back to our own first few weeks of law school.  This post begins a new series on “What I Wish I Had Known When I Started Law School.”

I went to law school for all the wrong reasons. When I started in Georgetown’s part-time, evening division, I had been doing real estate development for four or five years. I was a client before I was a law student. I became quite annoyed that my attorneys seemed to be patronizing me. They spoke a language that was foreign to me. I decided to go to law school to find out what the mystique was all about and, hopefully, to emerge as a better developer.

About six weeks into law school, I realized that I was “turned on” by my studies. I told myself that I knew that I had played a lot as an undergraduate at Penn, but I had never before been intellectually excited by school. I told myself to slow down and enjoy the journey. I did just that and it changed my life. After law school, I gave up my...

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Are Your Independent Contractors Really Independent Contractors?

Tuesday, August 31st, 2010
Source: Federal Employment Law Articles Employers that hire independent contractors must be extra cautious to ensure that these workers are classified correctly, because federal and state governments have signaled their intent to more seriously investigate misclassification issues. Employers that run afoul of the relevant statutes and regulations will face regulatory fines, back tax implications, wage and hour claims, workers' compensation issues and a host of other problems.


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The Road to Verification: U.S. Supreme Court to Weigh in on E-Verify, But Pennsylvania Moves Ahead.

Tuesday, August 31st, 2010
Source: Federal Employment Law Articles Arizona's controversial immigration laws are being tested in the court of public opinion, the 9th U.S. Circuit Court of Appeals and the U.S. Supreme Court, but that's not stopping Pennsylvania from wading into the same potential quagmire.


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Chicago Officer Sues Over After-Hours PDA Use.

Tuesday, August 31st, 2010
Source: Federal Employment Law Articles A police officer has sued the City of Chicago (on behalf of himself and others) seeking pay for time spent dealing with work-related phone calls, voice-mails, e-mails, text messages, and work orders via BlackBerry® devices and similar "personal digital assistants". The officer contends that these activities entitle the group to an award of overtime compensation under the federal Fair Labor Standards Act.


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Aging Divorce Lawyer Sues Former Partners for $26 Million

Tuesday, August 31st, 2010
Source: Law.com - Newswire Prominent divorce lawyer Norman M. Sheresky, 82, lodged a $26 million suit against his former partners at Sheresky Aronson Mayefsky & Sloan on Friday after being pushed out earlier this month. Sheresky -- whose clients have included former supermodel Christie Brinkley's most recent ex-husband and actor James Gandolfini's ex-wife -- alleged his former partners in the firm he founded 15 years ago, motivated by "disloyalty and greed," reneged on agreements to pay his life insurance premiums and the mortgage on his apartment. Read the rest of the...

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Lawyers Take Swings at Each Other in Dodgers Divorce Trial

Tuesday, August 31st, 2010
Source: Law.com - Newswire The contentious divorce trial of Frank and Jamie McCourt opened Monday with lawyers for each side accusing the other of engaging in bad faith. Control of the Los Angeles Dodgers could rest on the outcome. Jamie McCourt is attempting to invalidate the marital property agreement the couple signed in 2004, one year after they purchased the National League franchise. At trial, her lawyer contended that there were two versions of the same agreement, thus nullifying the deal. Read the rest of the...

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Non-Investor Law Firm Clients to Recoup Bulk of Funds Stolen by Rothstein

Tuesday, August 31st, 2010
Source: Law.com - Newswire While most victims of lawyer-turned-convicted-felon Scott Rothstein will recover pennies on the dollar in his criminal case, about three dozen clients will be made whole, a judge ruled Monday. The judge decided last week that 25 non-investor clients of Rothstein's defunct law firm would get all or most of the money stolen from the firm's trust accounts. The judge added 13 more clients to the list Monday. The other 320 claimants split an estimated $50 million to $60 million collected through the sale of seized assets. Read the rest of the...

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Civil Rights Groups Sue Over Claimed US Kill List

Tuesday, August 31st, 2010
Source: ABA Journal Top Stories Civil liberties groups filed a federal lawsuit today against the United States government on behalf of a U.S.-born cleric who is in hiding in Yemen. Anwar al-Aulaqi has been unconstitutionally placed on a U.S. kill list due to his suspected involvement in terrorist activities, contend the American Civil Liberties Union and the Center for Constitutional Rights. Their complaint (PDF), which names as defendants the president of the United States, the director of the Central Intelligence Agency and the director of the Department of Defense, was filed in Washington, D.C., according to the Washington Post. "The United States cannot simply execute… Read the rest of the...

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Increasing Federal Bench Vacancies Concern Observers, Including Justice Kennedy

Monday, August 30th, 2010
Source: ABA Journal Top Stories There are 876 federal judgeships in the United States. But an increasing number are unfilled, and nearly half of these seats could be vacant by the end of the decade if the current slow pace of selecting and approving nominees for open judicial jobs continues. Right now, there are 102 vacant seats on the federal bench, with nominees pending for only 39 of them, reports the Los Angeles Times. The increasing politicization and contentiousness of the confirmation process is a big part of the problem, observers say. "It's important for the public to understand that the excellence of the federal… Read the rest of the...

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Hard-Fought Depo Didn’t Cross Ethical Line, Grievance Panel Finds

Monday, August 30th, 2010
Source: ABA Journal Top Stories At 54, Andrew O'Keefe had a clean disciplinary record. But a hard-fought deposition put the Hartford, Conn., defense attorney in the hot seat after a Manchester woman contended that he tried to “harass, intimidate and embarrass” her with questions at the session. A local grievance panel determined earlier this year that there was probable cause to pursue the complaint. But the Statewide Grievance Committee then dismissed the complaint, finding that the questions asked by against O’Keefe were "fair inquisitions,” reports the Connecticut Law Tribune. “A deposition is always an adversarial process, and any client will be uncomfortable in a deposition,”… Read the rest of the...

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ACLU Sues Obama Administration Over Alleged Assassination Plot

Monday, August 30th, 2010
Source: WSJ.com: Law Blog - WSJ.com The ACLU proved itself once again an equal-opportunity litigant on Monday when it filed suit against the Obama administration over an alleged policy of killing American citizens suspected of terrorism.


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LeBron to Stovell: You are Not My Father

Monday, August 30th, 2010
Source: WSJ.com: Law Blog - WSJ.com On July 8, the day LeBron James announced he would join the Miami Heat next season, we blogged about a lawsuit filed in June against the basketball star. The plaintiff in the case, a Washington, D.C., man named Leicester Stovall, sued James, claiming he's James's father. On Monday, James moved to dismiss the case.


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Michael Attanasio: A Big Name Behind the Clemens Defense

Monday, August 30th, 2010
Source: WSJ.com: Law Blog - WSJ.com Until Roger Clemens's perjury trial, writes Jose de Jesus Ortiz of the Houston Chronicle, expect to see San Diego lawyer Michael Attanasio beside Clemens much of the time.


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Automakers Responding More Aggressively to Lawsuits

Monday, August 30th, 2010
Source: SettlementBoard.com In light of the recent issues about sudden acceleration problems in Toyotas and the increase in lawsuits and possible settlement costs associated with them, the legal landscape is changing.  A report by the Dallas Morning News states that  automakers are pursuing increasingly aggressive legal strategies in the face of vehicle defect lawsuits.  As a result, [...] Read the rest of the...

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Law and Theology – Who Says It’s Not Practical ???

Monday, August 30th, 2010
Source: Marquette University Law School Faculty Blog

I was glad to see that Bruce linked to the fascinating debate on the nature of legal education prompted by Brent Newton’s article claiming that law professors “preach” what they don’t “practice.”  I’ll comment later, although my general view, as someone who has much more practice experience than the typical full time legal academic, I think its an issue that is often drawn too starkly and that requires a nuanced response.

But today I want to talk about Law & Theology (10 am on Friday mornings in 204 for anyone who wants to add a seminar) and Glen Beck. Newton argues that law schools overemphasize “theoretical, increasingly interdisciplinary scholarship” and courses. But Glen Beck has put law (0r at least politics) and theology smack into the middle of the public debate. In this fallen world, we may have to take that where we can find it.

I am not a Beck fan and I don’t watch his show, but he does have this penchant for raising interesting issues, even as he oversimplifies and often misstates them. (Kind of like a student who spots the issue but, even if she gets the result right, flubs it.) For...

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Chinese Companies In America. A TwoFish Rebuttal.

Monday, August 30th, 2010
Source: China Law Blog

The other day I did a post linking over to an article I recently wrote for the Wall Street Journal, entitled, "Chinese Companies Court Disaster," [if you cannot read the whole article, email to yourself] on how Chinese companies are falling down badly when it comes to understanding the American legal system and using American lawyers appropriately.  

Regular CLB reader and commenter TwoFish vehemently disagrees with me and he made this abundantly clear in two long comments (here and here) he left to that post. Though I am not backing down an inch (if anything, I wish I could give specific examples, but for attorney-client reasons, I cannot), I respect TwoFish's viewpoint and I think it so important it be heard, I am moving them from the comments section into this post. So without further ado here's TwoFish, along with me putting in my two cents worth in bold italics:

I don't think this is true at all. My personal experience is that large Chinese companies that are doing or planning to do business in the United States are perfectly aware of the legal environment in the United States and acting accordingly. (Also,...

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Dallas Real Estate Law Firms and Eviction Proceedings

Monday, August 30th, 2010
Source: SettlementBoard.com What exactly are eviction proceedings like in Texas? And how can a Texas real estate law firm help you if you find it necessary to initiate such an action? These are questions that need to be asked. It may be necessary to retain the services of a Dallas real estate attorney that specializes in real estate contracts if your tenant fails to cooperate with the eviction proceedings. A skilled lawyer can help protect your best interests in the following ways: Read the rest of the...

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China Stock Experts. Where Are You?

Sunday, August 29th, 2010
Source: China Law Blog

An editor for a leading U.S. business magazine wrote me seeking my suggestions for good people to write, in English, about China's stock market. My response was to warn about the need to avoid bringing on any of the China investment amateurs who hold themselves out as experts. 

I did not name any names for her and I do not plan on doing so here either, but I told her that those who are really in the business (and I know this through a very close relative who is really in the business) do not take these people seriously, nor do I. Respected stock analysts are those who devote their lives to it, putting in 60-80 hours a week and not becoming good until they have been doing it for a decade or more.  

The Merrill Lynches and Goldman Sachs of the world have their China stock experts internally, but their advice is mostly confined to internal company documents provided to customers. Who out there is writing on Chinese stocks (even quasi-regularly) who knows whereof he or she speaks?  Who, if anyone, do you look to for your China stock advice? Who are the true China stock...

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Best of the Blogs

Sunday, August 29th, 2010
Source: Marquette University Law School Faculty Blog

This week: Those who don’t do, can’t teach? Also, an unconstitutional village ordinance on real estate for-sale signs may serve as a symbol of racial integration; the surprising stem cell research injunction; and is there a “private action” requirement in the Constitution?

First, it’s recruiting season for new law professors, which means that this week it was time for the perennial debate over the composition of law faculties. This time it was kicked off by Georgetown adjunct professor Brent Newton with his article, posted on SSRN, entitled “Preaching What They Don’t Practice: Why Law Faculties’ Preoccupation with Impractical Scholarship and Devaluation of Practical Competencies Obstruct Reform in the Legal Academy.” That was followed by comments from Stephen Bainbridge, Joe Hodnicki, Jonathan Adler, Rick Garnett, Kristen Holmquist, and Paul Horwitz. (I myself have weighed in on Read More »

The Dedication of Sensenbrenner Hall

Saturday, August 28th, 2010
Source: Marquette University Law School Faculty Blog

Today is the 86th anniversary of the dedication of the former Marquette law building now known as Sensenbrenner Hall.  On Wednesday, August 27, 1924, a formal ceremony was held to mark the completion of the new law school building, known then only as the Law Building, shortly before the start of the 1924-25 academic year.

The new building, constructed just in front of the previous law school building, the Mackie Mansion, had been two years in the making.  Its completion helped symbolize the arrival of Marquette into the first rank of American law schools.   As the university proclaimed, “The School of Law of Marquette University has entered upon a new era.”

According to the Associated Press, the event was attended by “a great crowd of former students, current students, lawyers, judges, and state officials.”  The ceremony began at 10:30 a.m. with an invocation by the Rev. Hugh McMahon, S.J., the regent of the law school.  After that, the keys to the law school were ceremonially presented to Dean Max Schoetz by the university’s president, the Rev. Albert C. Fox, S.J.  Fox lauded the accomplishments of the law school over the previous 30 years...

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Chinese Companies Court U.S. Disaster.

Saturday, August 28th, 2010
Source: China Law Blog

I had an article published by the Wall Street Journal on how Chinese companies are mishandling their overseas legal matters. The article is entitled, "Chinese Companies Court Disaster: Doing business in America means also learning how to navigate the U.S. legal system." I believe it requires a subscription to the Wall Street Journal, but I also think that you can email it to yourself and then view the entire article that way.  

In it, I discuss how Chinese companies are coming over to the United States ill prepared for our legal system. Though this is true of most foreign companies that come to the United States, the huge differences between our two systems, and even the way Americans feel about China, have made things even tougher for Chinese companies:

Anecdotal evidence at my firm and others suggests lawsuits in the U.S. against Chinese companies are increasing. Chinese companies face certain general disadvantages that will be hard for them to overcome anytime soon. For instance, many American jurors seem to reflect broader public unease about China as an economic threat, and are more likely to assume all of its companies engage in unscrupulous business tactics and produce...

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