Successfully suing a consumer rating bureau for the lost business that results from an erroneous or biased rating can be extremely challenging.
Litigation finance is a funding tool many companies are considering to help cover the fees and expenses related to major legal claims. We at Lake Whillans Litigation Finance have compiled a list of questions to help you determine if your client is a candidate for litigation finance.
What lies ahead in the LGBT community’s battle for legal equality?
* A positive review of Go Set a Watchman (affiliate link) from Professor Brophy. I haven’t read it, but it strikes me as a weird choice to make Doctor Manhattan a racist in this one. [The Faculty Lounge]
* Standard gun nut operating procedure is to stay quiet after a mass shooting, but this guy decided to explain why Dylann Roof didn’t take advantage of a “loophole” to avoid a background check. And he’s right. “Loophole” suggests there was a drafting mistake as opposed to an intentional, cynical effort to gut the one gun regulation pretty much everybody agrees on. [National Review]
* Everyone knows that the federal government is comprised of three equal branches. But, why do you think that? The Constitution certainly never says that. An interesting question. [Concurring Opinions]
* Arts students work harder than law students. Let that sink in. [Legal Cheek]
* The Economist just can’t help itself from writing contrarian reviews. They’re like hipsters if hipsters were old-timey Tories with handlebar mustaches and… actually, wait, is The Economist run by hipsters? [Lawyers, Guns & Money]
* The Welsh government responded to an official inquiry in Klingon. Which, admittedly, is easier to understand than Welsh. [Lowering the Bar]
* Important practice tip when dealing with a new client: check out the last several complaints filed against them and search for a pattern. [What About Clients?]
What to make of the push to strip public places of symbols of the Old South? Conservative columnist Tamara Tabo opines.
Did this presidential candidate skip his Constitutional Law classes?
* Justice Kennedy’s writing style… maybe it’s a little over the top. [PrawfsBlawg]
* If you’re looking for representation at the Supreme Court, go small. [Law360 (sub. req.)]
* Marriage equality is only one more step for activists. Next up, fair housing and overall equality. Perhaps on the housing case, we’ll get to hear Justice Thomas make some tone-deaf claim about how there’s no need for protection from housing discrimination because gays are overrepresented on Bravo. [RH Reality Check]
* Don’t like the Supreme Court’s ruling in Obergefell? Why propose a constitutional amendment when you can propose a new constitutional convention? Runaway Con-Con! [Ab Initio]
* A linguistic analysis of jiggery-pokery and the prose of Antonin Scalia. [The Chronicle of Higher Education]
* A jury cleared the University of Iowa College of Law of “political discrimination” when it passed over conservative Teresa Manning’s application to join the faculty.[Associated Press via ABC News]
* Everyone in New York received an Amber Alert over their phones earlier today. Did anyone crash their cars when their phone started screeching with sounds it had never blared before? [New York Personal Injury Law Blog]
The Constitution says what it’s supposed to say.
ATL Academy For Private Practice Volume 1 – Getting Started offers a mix of deeply informed, sometimes contrarian, but always thoughtful insight into meeting the challenges of starting and optimizing your own practice. Click here to download.
* Everyone’s a winner at Nixon Peabody, especially the millennials! The firm is doing away with the corner-office model in favor of office space reminiscent of that of tech companies, where everyone’s offices — from paralegals to partners — are the same size. [Washington Post]
* A former North Dakota Law student is suing the school, as well as several administrators and professors, because he alleges they dismissed him via email in May due to problems with his application. Man, that’s almost as harsh as a break-up text. [WDAZ]
* Justice Kennedy knows a lot of people who are gay, but that doesn’t mean he’ll recognize a constitutional right to same-sex marriage just because of his circle of friends and colleagues. He’ll likely do it because he knows “how meaningful this is.” [New York Times]
* The Supreme Court is currently considering an emergency appeal out of Texas after the Fifth Circuit refused to stay a decision that would all but close the vast majority of abortion facilities in the state. Give this law the good old coat hanger, SCOTUS. [Associated Press]
* Last week, Justice Kennedy basically invited litigants to challenge the constitutionality of solitary confinement because it “exacts a terrible price.” Step right up and become one of the first to test the power of the SCOTUS swing vote on this issue. [Los Angeles Times]
* “Having a woman leader is no longer exceptional.” The number of women law school deans is on the rise. They make up 40 percent of incoming law school leadership, and currently comprise 30 percent of all law deans. Nice work! [National Law Journal]
* After pleading guilty to a felony count of vehicular manslaughter back in March, California lawyer Hasti Fakhrai-Bayrooti was recently sentenced to four years in prison for killing a cyclist while driving high on prescription drugs Xanax and Suboxone. [Daily Mail]
Everything’s bigger in Texas. Meaning a dumb lawyer is an even bigger dumb lawyer.
* The number of law school applicants and applications continues to plummet, with applicants down by 2.5 percent and the volume of applications down by 4.6 percent since last year. For the love of God, students are staying away for a reason. Do some research, people. [WSJ Law Blog]
* Lawyers may be thanking their lucky stars for loan repayment programs like IBR and PAYE, but when their cancellation of debt income comes back to bite them in the ass in the form of a “tax bomb” as early as 2032, they’re going to be crying for mercy. [TaxProf Blog]
* If the Supreme Court rules against same-sex marriage, life could devolve into chaos for gay and lesbian couples. Sure, SCOTUS could do that, or “a giant meteor could fall on [your] head in the next five seconds,” but one is more likely to happen than the other. [AP]
* You had one job, Dean Cercone… ONE JOB! After recommending against accreditation back in May, the ABA convened this week to officially deny provisional accreditation to Indiana Tech Law. Its handful of students will be so disappointed. [Indiana Lawyer]
* Ex-House Speaker Dennis Hastert pleaded not guilty in his sex scandal cover-up case and was released on $4,500 bond. Interestingly enough, the judge has volunteered to remove himself due to some potential issues over his impartiality. [New York Times]
* There’s a lot of constitutional law about booze. [PrawfsBlawg]
* Republicans try to play some word games on the Affordable Care Act and get straight-up lawyered. Or as The New Republic described the exchange: a “succinct, pithy demolition.” [MSNBC]
* Oscar Pistorius could be headed home on parole in the next couple of months. Time to get back in that dating pool. [CNN]
* Don’t bring your mom to court. [Lowering the Bar]
* Here’s an interesting company at the juncture of law and technology — 3D printing demonstrative exhibits for trial. [3D Printed Evidence]
* Randy Spencer interviews American Pharoah [Coverage Opinions]
* An interesting question from a lawyer doing his part to help the homeless: if a person can’t get online, how do they even look for a job anyway? [What About Clients?]
* A new novella from Jessica Pishko called A Trial for Grace (affiliate link) about a fallen, high-flying NYC attorney working a death penalty trial in North Carolina. [Amazon]
* Consent explained with tea. [Vimeo]
The always quotable John Yoo had interesting and funny things to say during a recent interview he gave to Virginia Lamp Thomas (wife of Justice Clarence Thomas, for whom Professor Yoo once clerked).
Just how bad was the Supreme Court’s ruling in Kelo? Very bad, as Professor Ilya Somin explains in his new book.
Dr. Carson is a neurosurgeon and a very good one at that. Ben Carson’s no lawyer or historian.
It is anyone’s guess as to how SCOTUS will handle this potentially critical case of first-impression, and most involved with the marijuana industry are rightfully nervous.