Helpful Articles
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What Is "Defamation Per Se"?
We lawyers like to write about two types of libel and slander: defamation per se, and defamation per quod. Using Latin terms makes us sound smart, we think. Unfortunately, most of us don't know what we're talking about.The problem isn't that the lawyers are stupid, but that the courts use the terms inconsistently (since judges don't speak Latin any better than lawyers do).Many lawyers will tell you that defamation per se refers to that heightened level of defamation for claims deemed... -
THE MOMENT I WAS PULLED BACK INTO THE GAME
In March 2015, I had been mostly retired from my trial practice for several years and was focused on completing my memoir, In The Game, about my life as a solo practitioner lawyer and single mother starting out in the 1970s. I had cleaned up my act and was also teaching yoga and meditation, making peace instead of war. Although I still daydreamed about trying cases, I had no intention of rejoining the litigation battle. Then one day I was suddenly back in the game... -
The 5 Top Technology Law Cases In 2016
The year 2016 was momentous in politics and celebrity deaths, but also in the field of technology law. Here’s our wrap-up of the five most significant tech cases that hit the judiciary in the past year. 1. Apple v. FBI Encryption has been around a long time, but 2016 saw this technology for data security hit the mainstream, as Apple, Google and others began to encrypt smartphone data by default. That led to a lawsuit, boringly captioned In Re Order Requiring A... -
Supreme Court Rules That Offer of Judgment Does Not Moot Class Action Lawsuit
On January 20, 2016 in Campbell-Ewald Company v. Jose Gomez, 577 U.S. – (2016), Case No. 14-857, the Supreme Court resolved a prior split of authority among the Courts of Appeals as to whether an unaccepted Rule 68 Offer of Judgment to a named plaintiff in a putative class action renders moot a plaintiff's claims, thereby depriving the federal court of Article III jurisdiction. The Court, in an opinion authored by Justice Ginsberg, held that such a Rule 68 offer does not moot ei... -
Termination of Joint Custody: Is the Law in Oklahoma Disjointed?
The term “custody” is not defined by statute in Oklahoma, although a trial court must provide for the “custody” of a child when two parents cannot agree as to where the child will live and who will make the decisions concerning the child. The Oklahoma Supreme Court, however, has defined custody as a term of art, which “embraces the sum of parental rights with respect to the rearing of a child, including the child’s care. It includes the right to a child’s services and earnings... ... -
Arrested For A Crime. Now What?
Info That May Be Helpful In Your Case: http://www.hashemilaw.com/wp-content/uploads/2016/04/arash-hashemi-criminal-defense-ebook-1.pdf ... -
Arbitration in 2016
M AY -JUNE 2 0 1 6 | H C B A L A W Y E R ARBITRATION IN 2016 Clark Jordan-Holmes John W. Wilcox www.MediationforFlorida.com &nbs... -
Mediation Resources
MEDIATION RESOURCES FOR LAWYERS &... -
NLRB Policymaking: The Rulemaking-Adjudication Dilemma Revisited in NLRB V. Bell Aerospace Co., 29 U. Miami L. Rev. 559 (1975)
Follow this and additional works at: http://repository.law.miami.edu/umlr... -
Navigating the SEC’s Updated Advertising Restrictions: A Lesson for Fund Managers in Preparing Solicitation Materials
“Navigating the SEC’s Updated Advertising Restrictions: A Lesson for Fund Managers in Preparing Solicitation Materials,” The Art Fund Association, LLC, expected for publication in Fall of 2016, http://www.artfundassociation.com. ... -
Preventing Past Performance from Impeding Future Results
“Preventing Past Performance from Impeding Future Results,” Private Investment Forum (Summer 2016), Marcum, LLC, http://www.marcumllp.com/insights-news/preventing-past-performance-from-impeding-future-results. ... -
Dare to Step Out of the Fogg: Single Motive Versus Mixed Motive Analysis in Title VII Employment Discrimination Cases
47 U. Louisville L. Rev. 409 (Winter 2008) The enactment of the Civil Rights Act of 1964 marked the high point of civil rights activism. Within this Act, the provisions of Title VII established one of the “most important . . . statutory prohibitions against employment discrimination” because it took the protections offered by the Constitution even further to eradicate employment discrimination in the private sector.1 Title VII remains very important... -
Third-Party Interests Handbook: Liens and Subrogation Rights
A comprehensive treatise on state and federal third-party recovery rights. The book can be purchased from the State Bar of Arizona. ... -
Employment Evidence
First authored in 2003, Eugene Hollander has updated this book with its 13 annual supplements. The book deals with evidentiary issues faced by attorneys litigating employment discrimination claims.... -
Theories of Criminal Justice; A Critical Reappraisal, Longwood Academic, Wolfeboro, New Hampshire, 1989
In 1989, Ms. Ellis-Hoyle Co-Authored the text book: Theories of Criminal Justice; A Critical Reappraisal, Longwood Academic, Wolfeboro, New Hampshire, 1989... -
The Documents Involved in an Estate Plan
THE DOCUMENTS INVOLVED IN AN ESTATE PLAN By: Tony M. Abou Ezzi, Esq. ESTATE PLANNING: Why create an Estate Plan? Ask yourself this: Do I know what tomorrow holds? An Estate Plan is an active step towards ensuring that no matter what happens to you in the future, you are prepared with a series of documents that set forth your wishes. An Estate Plan provides for your voice to be heard no matter what happens to you in the future. Most of all, having a pl... -
Culture Wars: Protection of Cultural Monuments in a Human Rights Context
http://studentorgs.kentlaw.iit.edu/jicl/?attachment_id=148... -
Evaluating and Understanding Police Use of Force
ll Legal News US Legal News World Legal News News Archive This Day at Law ll Commentary Academic Commentary Professional Commentary Student Commentary S Executive Orders US Federal Rulemaking US Presidential Memoranda hy Support JURIST? Donate Honor Roll Sponsorship AQ Staff Contact Tran Throughout recent history police officers have been scrutinized fo... -
Spontaneous Utterances Have Family Ties
On May 16, 2014, the Seventh Circuit ruled in U.S. v. Wallace that voluntary statements, more commonly known as spontaneous utterances, are admissible evidence. The Defendant was a drug dealer; there was bad blood between him and his nephew, a paid DEA informant. On two different occasions the DEA conducted “controlled buys” using the nephew to buy crack cocaine from his uncle. After the controlled buys, they executed a search warrant on the uncle’s house where they found large quantitie... -
Overwhelmed by Debt? The How and Why of Bankruptcy
Are you overwhelmed by your debts? Are you struggling just to pay your monthly bills, or, even worse, juggling your accounts so you can pay the bills with your credit cards? If you are doing your best, but your debts are only growing, there is a clean way out: filing bankruptcy. Many people fear bankruptcy - but that is mainly because they don’t understand what bankruptcy actually is, or how it works. They have heard that filing bankruptcy means they will “lose everything” - when, in rea...