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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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Dana on Judicial Review & Hyper-Polarization

Lawrence Solum, February 19, 2018

David A. Dana (Northwestern University - Pritzker School of Law) & Michael Barsa (Northwestern University -- School of Law) have posted Judicial Review in an Age of Hyper-Polarization and Alternative Facts on SSRN. Here is the abstract: Hyper-polarization…
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Thumbs Down: "You Need The Money, I Need The Money..."

Mike Frisch, February 18, 2018

A case that began with an anonymous email to the State Bar has resulted in the following consent sanction approved by the Arizona Presiding Disciplinary Judge [Respondent] is reprimanded for his conduct in violation of the Arizona Rules of Professional...…
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Legal Theory Lexicon: Hohfeld

Lawrence Solum, February 18, 2018

Introduction You need to know Hohfeld! Why? Because W.N. Hohfeld’s typology of rights from his book Fundamental Legal Conceptions is fundamental. And useful! Law students encounter the idea of right (moral or legal) early and often. But “rights talk” is...…
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D.C. Bar Discipline Hearing Schedule

Mike Frisch, February 18, 2018

I am pleased to note that the web page of the District of Columbia Board on Professional Responsibility has been updated to give public notice of upcoming scheduled bar disciplinary hearings. In re Edward Gonzalez, DN. 2016-D141 February 8 &...…
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Perils Of Inaction When Your Opponent Drops The Ball

Mike Frisch, February 18, 2018

An attorney who represented Sheriff Joe Arpaio and Maricopa County in defending a lawsuit alleging mistreatment while incarcerated has accepted an admonishment by the Arizona Presiding Disciplinary Judge. Ms. Flaggman conditionally admits she violated Rule…
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Legal Theory Bookworm: "Critical Thinking" by Tversky & Liberman

Lawrence Solum, February 17, 2018

The Legal Theory Bookworm recommends Critical Thinking: Statistical Reasoning and Intuitive Judgment by Amos Tversky & Varda Liberman on SSRN. Here is a description: Life is fundamentally uncertain. We do not know whether it will rain, whether the market…
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Download of the Week: "Sustaining Collective Self-Governance and Collective Action" by Siegel

Lawrence Solum, February 17, 2018

Neil Siegel (Duke University School of Law) has posted Sustaining Collective Self-Governance and Collective Action: A Constitutional Role Morality for Presidents and Members of Congress on SSRN. Here is the abstract: In the United States today, the…
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Tennessee Disbars Two: Metal Pipe Injury Defense Rejected In One Case; Other Followed In Footsteps Of Davy Crockett

Mike Frisch, February 17, 2018

The web page of the Tennessee Supreme Court The Tennessee Supreme Court disbarred two Nashville attorneys, Sean K. Hornbeck and Robin K. Barry, revoking their law licenses. The Court rejected both attorneys’ requests to make the disbarment retroactive in…
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Weekend Roundup

Dan Ernst, February 17, 2018

“The Franklin D. Roosevelt Presidential Library and Museum will present an African American History Month conversation and book signing with David Lucander, the author of Winning the War for Democracy: The March on Washington Movement, 1941-1946 on…
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Redish & McCall on Administrative Adjudicator Bias & Due Process

Lawrence Solum, February 17, 2018

Martin H. Redish (Northwestern University - Pritzker School of Law) & Kristen McCall (Northwestern University) have posted Due Process, Free Expression, and the Administrative State on SSRN. Here is the abstract: The Supreme Court has long imposed on the…
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Fruehwald on Lawyering & Cognitive Bias

Lawrence Solum, February 17, 2018

Edwin S. Fruehwald has posted Understanding and Overcoming Cognitive Biases for Lawyers and Law Students: Becoming a Better Lawyer Through Cognitive Science on SSRN. Here is the abstract: Did you know that cognitive biases can affect your relationships…
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WIPIP concurrent 3 (most of it)

Rebecca Tushnet, February 16, 2018

Annemarie Bridy, Fearless Girl Meets Charging Bull: Copyright and the Regulation of IntertextualityDiModica (who made Charging Bull) complained that Fearless Girl’s placement created an unauthorized derivative work and violated VARA by being a material…
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Sixth Circuit holds that bare allegation of FDCPA statutory violation is not an Article III injury under Spokeo

Brian Wolfman, February 16, 2018

In today's decision in Hagy v. Demers & Adams, the Sixth Circuit held that a bare allegation that a debt collector's letter that fails to say it's "from a debt collector" as required by the Fair Debt Collection Practices Act,...…
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Thompson Reviews MacLean's "Democracy in Chains"

Dan Ernst, February 16, 2018

Fred Thompson, Willamette University, has posted  Public Choice and the Origins of the Radical Right: A Review of Nancy MacLean's Democracy in Chains: The Deep History of the Radical Right's Stealth Plan for America.Democracy in Chains is a heck of a…
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Chabot on Whether Justices Time Their Retirements Politically

Lawrence Solum, February 16, 2018

Christine Kexel Chabot (Loyola University Chicago School of Law) has posted Do Justices Time Their Retirements Politically? An Empirical Analysis of the Timing and Outcomes of Supreme Court Retirements in the Modern Era on SSRN. Here is the abstract: As...…
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WIPIP Concurrent 2

Rebecca Tushnet, February 16, 2018

Nancy Kim, The License v. Sale Puzzle after Impressions v. LexmarkSales exhaust the patentee’s rights to any item regardless of what the contract says. But restrictions on licensees are different because a license doesn’t implicate the same concerns about…
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WIPIP panel one: TM tarnishment and (c)

Rebecca Tushnet, February 16, 2018

[title fixed because I can't keep seasons straight]Suneal Bedi, Bad Brands: Experimental Studies in Trademark TarnishmentWhat is the reputation of a mark?  Working on PhD in marketing at Penn; marketing is the best discipline to answer this Q. …
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WIPIP: Opening plenary

Rebecca Tushnet, February 16, 2018

WIPIP Plenary[Standard disclaimer: these are just my notes; I miss stuff or it’s about patents and I don’t necessarily get it; I also have to pick and choose from many attractive panels and this year I’m only at the first day, which makes me sad.]Colleen…
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Conn Man

Mike Frisch, February 16, 2018

The Kentucky Supreme Court has permanently disbarred Eric Conn The factual basis leading to Conn's disbarment is found in KBA files 22222 and 16-DIS-24363. KBA file 16-DIS-24363 stems from Conn's guilty plea following his March 16, 2017, plea to two...…
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Kozel on Precedent & Constitutional Sturucture

Lawrence Solum, February 16, 2018

Randy J. Kozel (Notre Dame Law School) has posted Precedent and Constitutional Structure (Northwestern University Law Review, Vol. 112, No. 4, 2018) on SSRN. Here is the abstract: The Constitution does not talk about precedent, at least not explicitly,…
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Saavedra on the Property on the Chilean Frontier, 1790-1830

Dan Ernst, February 16, 2018

Manuel Bastias Saavedra, University of Bremen, has posted The Lived Space: Possession, Ownership, and Land Sales on the Chilean Frontier (1790-1830), which appears (and may be cited) in Historia Crítica 67By looking into sales of indigenous land in the…
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Speculative Conflict Does Not Justify Disqualification

Mike Frisch, February 16, 2018

The Iowa Supreme Court has reversed an order disqualifying retained counsel in a criminal matter. Carlos Ramon Mulatillo privately retained attorney Steven Gardner to defend him on felony drug charges. Gardner had represented Mulatillo for fifteen months.…
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Conflicts In New Hampshire

Mike Frisch, February 16, 2018

The New Hampshire Supreme Court Professional Conduct Committee has reprimanded an attorney who had failed to recognize and deal with developing conflicts of interest between three individual and one entity clients. One of the former clients sued for legal…
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"No Magic Formula" For Disciplinary Sanction

Mike Frisch, February 16, 2018

The West Virginia Supreme Court of Appeals rejected a Hearing Panel Subcommittee's proposed suspension of one year and ordered a three-year suspension of an attorney. The attorney was admitted in 1982 and had no prior bar discipline. The charges…
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Schmidt on Enforcing the 14th Amendment

Dan Ernst, February 16, 2018

Christopher W. Schmidt, Chicago-Kent College of Law, has posted Section 5's Forgotten Years: Congressional Power to Enforce the Fourteenth Amendment Before Katzenbach v. Morgan, which is forthcoming in volume 113 of the Northwestern University Law…
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