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Faculty Blog Aggregator

Many Georgetown Law faculty members contribute to blogs on diverse legal topics. Following are the most recent posts automatically combined from several blog sources.

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Business Judgements And Privilege Waivers

Mike Frisch, July 27, 2017

The Nevada Supreme Court considered the interrelationship between the business judgment rule and its potential impact on assertions of privilege In these related original petitions for extraordinary writ relief arising from the same underlying district…
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Schwartz on Access to International Cloud Data

Lawrence Solum, July 27, 2017

Paul M. Schwartz (University of California, Berkeley - School of Law) has posted Legal Access to Cloud Information: Data Shards, Data Localization, and Data Trusts on SSRN. Here is the abstract: By providing on-demand access to computing power, the…
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The hymn of Axiom: failure to disclose in FX trades doesn't violate consumer protection law

Rebecca Tushnet, July 27, 2017

Axiom Investment Advisors, LLC v. Deutsche Bank AG, 2017 WL 590320, No. 15 Civ. 9945 (S.D.N.Y. Feb. 13, 2017)Deutsche Bank allegedly delayed execution of electronically matched trade orders in the foreign exchange (FX) market in order to benefit from…
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Deceive, inveigle, obfuscate--false discount claims still don't cause cognizable injury

Rebecca Tushnet, July 27, 2017

Mulder v. Kohl’s Department Stores, Inc., --- F.3d ----, 2017 WL 3167620, No. 16-1238 (1st Cir. Jul. 26, 2017)Mulder bought several items that listed both purchase prices and significantly higher “comparison prices.” Mulder alleged that these comparison…
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OJ may be guilty ... of adding ingredients without disclosure

Rebecca Tushnet, July 27, 2017

In re: Simply Orange Orange Juice Marketing & Sales Practices Litig., MDL No. 2361, 2017 WL 3142095 (W.D. Mo. Jul. 24, 2017)Plaintiffs alleged that Coca-Cola sold Simply Orange, Minute Maid Pure Squeezed, and Minute Maid Pure Premium without disclosing…
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Durkee on Industry Lobbying & Access Norms at International Organizations

Lawrence Solum, July 27, 2017

Melissa (MJ) Durkee (University of Washington - School of Law) has posted Industry Lobbying and 'Interest Blind' Access Norms at International Organizations (111 AJIL Unbound 119 (2017)) on SSRN. Here is the abstract: The standard approach of many…
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Lis Not Pendens

Mike Frisch, July 27, 2017

The Ohio Supreme Court publicly reprimanded an attorney for an advertising violation According to the parties’ stipulations, Williamson sent a letter to David Chopcinski in Lorain, Ohio, informing him that (1) a notice of lis pendens had been filed in...…
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Weis on Constitutional Directive Principles

Lawrence Solum, July 27, 2017

Lael K Weis (Melbourne Law School) has posted Constitutional Directive Principles (Oxford Journal of Legal Studies (Forthcoming)) on SSRN. Here is the abstract: This article is the first step toward developing a general and systematic account of…
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Geiringer on Representation Reinforcement and the NZ Bill of Rights Act

Dan Ernst, July 27, 2017

Claudia Geiringer, Victoria University of Wellington School of Law, has posted When Constitutional Theories Migrate: A Case Study, which is forthcoming in the American Journal of Comparative Law:The last decade or so has witnessed a burgeoning of…
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Noisy Withdrawal

Mike Frisch, July 27, 2017

The Ohio Supreme Court has imposed a stayed one-year suspension of an attorney who had violated the duty of confidentiality in a motion to withdraw In 2008, Heben briefly represented Jennifer Cecchini during the initial stages of her divorce case....…
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Shaffer & Durkee on Industry Associations & Transnational Legal Ordering

Lawrence Solum, July 27, 2017

Gregory Shaffer (University of California, Irvine School of Law) & Melissa (MJ) Durkee (University of Washington - School of Law) have posted Introduction to Symposium on Industry Associations in Transnational Legal Ordering (111 AJIL Unbound 103 (2017))…
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Brauner on Tax Regulation & Examples

Lawrence Solum, July 27, 2017

Yariv Brauner (University of Florida - Levin College of Law) has posted Why Examples? Towards More Behaviorally-Intelligent Regulation on SSRN. Here is the abstract: Tax regulation authors habitually infuse regulations with explanatory examples. These…
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Siems on Comparative Legal Certainty

Lawrence Solum, July 27, 2017

Mathias M. Siems (Durham University - Durham Law School; University of Cambridge - Centre for Business Research) has posted Comparative Legal Certainty: Legal Families and Forms of Measurement (in Mark Fenwick, Mathias Siems and Stefan Wrbka (eds.), The…
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Fontana on the Geography of Campaign Finance Law

Lawrence Solum, July 26, 2017

David Fontana (George Washington University Law School) has posted The Geography of Campaign Finance Law (Southern California Law Review, Vol. 90, No. 6, 2017) on SSRN. Here is the abstract: Constitutional law is committed to a principle of geographic…
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Public Censure For Returning Stolen Shoes To Nordstrom

Mike Frisch, July 26, 2017

A criminal conviction has led to a public censure by the New York Appellate Division for the Second Judicial Department On December 8, 2015, the respondent pleaded guilty before the Honorable Richard Buchter, in Supreme Court, Queens County, to criminal...…
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Parlow on Zoning for Health

Lawrence Solum, July 26, 2017

Matthew J. Parlow (Chapman University, The Dale E. Fowler School of Law) has posted Healthy Zoning (Fordham Urban Law Journal, Vol. 44, 2017) on SSRN. Here is the abstract: This Article explores local governments’ foray into the area of health...…
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Delays For Spite

Mike Frisch, July 26, 2017

A former probate judge is not immune from class action allegations that he created a backlog of cases as retaliation for a rejected pay raise. Nor are the claims moot in light of the termination of his service, according to...…
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Bock on Behavioral Patent Claim Construction

Lawrence Solum, July 26, 2017

Jeremy W. Bock (University of Memphis - Cecil C. Humphreys School of Law) has posted Behavioral Claim Construction (Minnesota Law Review (Forthcoming)) on SSRN. Here is the abstract: Existing proposals for enhancing predictability in patent claim…
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Sex With Client And Witness Who Was Another Client's Spouse Draws Minnesota Suspension

Mike Frisch, July 26, 2017

A minimum of three years suspension has been imposed by the Minnesota Supreme Court for misconduct "arising out of sexual relations [the attorney] had with a client and a witness in separate matters, both of which involved his representation of...…
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Minnesota Imposes Discipline Based On Patent And Trademark Office Sanction

Mike Frisch, July 26, 2017

The Minnesota Supreme Court has imposed a sanction as reciprocal discipline for a sanction ordered by the PTO. This case presents the question of whether we should impose reciprocal discipline on respondent Alan Richard Stewart. The U.S. Patent and…
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Research Fellowship in European Administrative History

Dan Ernst, July 26, 2017

[We have the following announcement.]Research Fellowship in the field of European Administrative History"JEV-Fellowship for European Administrative History"At the end of 2012 Prof. Dr. Erk Volkmar Heyen, who served as Professor of Public Law and European…
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One Is Not Enough

Mike Frisch, July 26, 2017

The Indiana Supreme Court, which had suspended an attorney for failure to cooperate in two bar complaints, vacated the order as to one but not the other Pursuant to Indiana Admission and Discipline Rule 23(10.1)(c), this Court suspended Respondent from...…
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Admission Granted In British Columbia: Applicant Can "Weather Ethical Storms"

Mike Frisch, July 26, 2017

A Hearing Panel of the Law Society of British Columbia has found that an applicant possesses the necessary good character for admission. The issue is whether Mr. Sanandaji is of good character and repute and fit to become a barrister...…
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"Nothing More Than Character Assassination"

Mike Frisch, July 26, 2017

Michael Howell of the Bitterroot Star reports on a recent Montana disciplinary hearing On Thursday, July 22, in Missoula, after a series of hearings on three separate complaints that spanned about eleven hours, Jon Moog, state attorney for the Office...…
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Harrington on the Language Rights Jurisprudence of the Supreme Court of Canada

Lawrence Solum, July 26, 2017

Matthew P. Harrington (Université de Montréal) has posted Language Rights and the Political Compromise Doctrine on SSRN. Here is the abstract: This article considers the progress of language rights jurisprudence in the Supreme Court of Canada.…
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