Nov

20

Google Law

Posted by: Joshua Pollack | November 20, 2009 | Leave a Comment

Earlier this week Google announced a slew of new products (check out the official Google Blog for a full list). Of particular interest to lawyers was the addition to Google Scholar that allows searches for federal and state court decisions. This in itself is nothing new, as many websites currently offer access to federal court [...]

Nov

20

Work Email: “I Always Feel Like … Somebody’s Watching Me”

Posted by: Paul M. Secunda | November 20, 2009 | Leave a Comment

No, this post is not about the singer Rockwell or that annoying Geico commercial, but about whether you should just assume that your boss monitors your email.
A new Wall Street Journal article suggests that is what exactly may be happening, but now there is some push back from employees and their advocates:
Big Brother is [...]

Nov

19

Lessons from my Grandmother

Posted by: Andrea K. Schneider | November 19, 2009 | 3 Comments

It has been ten days since my grandmother’s funeral and I have been, if not enjoying this past week, definitely enjoying telling stories about her life and her influence on her grandchildren.  She died at age 99, laying down to take a rest because she did not feel well — the Torah writes that those who die [...]

Nov

19

Mainstreaming International Law in Legal Education

Posted by: Lisa J. Laplante | November 19, 2009 | 2 Comments

This week is “International Education Week”, a joint initiative of the U.S. Department of State and the U.S. Department of Education to promote “programs that prepare Americans for a global environment and attract future leaders from abroad to study, learn, and exchange experiences in the United States.”  Schools and other educational institutions around the country [...]

Nov

18

The Tierneys and the Law

Posted by: Joseph D. Kearney | November 18, 2009 | Leave a Comment

I had the opportunity last month to be involved in the presentation by our National Sports Law Institute of its Master of the Game Award. The NSLI has given out this award, over the years, to such distinguished individuals as Hank Aaron, Donna de Varona, Bob Harlan, Al McGuire, Bud Selig, and Bart Starr. This [...]

Nov

18

Sentences Merit Closer Scrutiny by Appellate Courts

Posted by: Michael M. O'Hear | November 18, 2009 | 1 Comment

I have a new article on SSRN entitled “Appellate Review of Sentences: Reconsidering Deference.”  As the title suggests, I review the standard arguments in favor of the prevailing rubber-stamp approach to appellate review of sentences, and I conclude that the arguments are something short of compelling.  Here is the abstract:
American appellate courts have long resisted calls [...]

Nov

17

What Is a Lie and Is It Constitutionally Protected?

Posted by: Richard M. Esenberg | November 17, 2009 | 6 Comments

I think that the three judge panel’s decision to recommend dismissal of ethics charges against Justice Michael Gableman is the right outcome. I doubt that we really want tribunals passing upon the truth and falsity of campaign speech – even for judges.
There were differing approaches taken by the panel judges. Judges Snyder and Deininger found [...]

Nov

17

An Academic Expert Weighs in for Mayoral School Control

Posted by: Alan J. Borsuk | November 17, 2009 | Leave a Comment

Professor Kenneth K. Wong of Brown University and several associates put out a book two years ago titled “The Education Mayor: Improving America’s Schools,” which immediately became the book to read if you were interested in mayoral control of public schools. And Wong is probably the number one figure in academic research about how mayoral [...]

Nov

16

Redskins Prevail in Offensive Trademark Case

Posted by: J. Gordon Hylton | November 16, 2009 | Leave a Comment

Earlier today (Nov. 16) the United States Supreme Court denied cert. in the case of Harjo v. Pro-Football, Inc., bringing to a close, at least for the moment, litigation concerning the legality of the Washington NFL team’s registration of its “Redskins” trademark. The decision not to hear the case was announced without comment.
In 1992, Native-American [...]

Nov

16

Ambiguity Is Ambiguous

Posted by: Michael M. O'Hear | November 16, 2009 | Leave a Comment

In an earlier post, I offered some preliminary thoughts about the Supreme Court’s six criminal statutory interpretation cases last term.  I observed that Justice Scalia’s textualist approach now seems dominant on the Court.  The six opinions thus reflect a great deal of effort to parse the texts of the statutes, and we get a number [...]

Nov

15

Gratitude is an Attitude: Teachings from Cedric Prakash, S.J., a Human Rights Defender from India

Posted by: Lisa J. Laplante | November 15, 2009 | 3 Comments

Last week, I learned from Cedric Prakash, S.J., who currently holds the Marquette University’s Distinguished Wade Chair, that the people of India do not have words to express the concept of “thank you.”   Culturally, their orientation comes from a place of non-possession that makes recognition for giving unnecessary.
Confounded, I asked:  “What if you really [...]

Nov

15

Seventh Circuit Criminal Case of the Week: Yes, Eco-Terrorists Are Real Terrorists

Posted by: Michael M. O'Hear | November 15, 2009 | 1 Comment

On the night of July 20, 2000, Katherine Christianson, Bryan Rivera, and two companions damaged or destroyed more than 500 trees at a United States Forest Service facility.  Was it a prank?  A dare?  A harvest for the thneed industry? No, Christianson and Rivera were members of the eco-terrorist group Earth Liberation Front, and their target was the Forest Service’s genetic-engineering [...]

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