Most Recent Articles...
12/05/02 - Trying the Custody Case. Among the most difficult enterprises in family law is the trial of a custody case. When parents cannot agree on custody of a child, the trial judge (or in Texas, a jury may make this decision) must determine with which parent the child will live. This gut-wrenching decision must be based, above all, on the best interest of the child.
10/21/02 - Courts Split on First Amendment Rights in Post 911 Deportation Hearings. On August 26, 2002, the United States Court of Appeals for the Sixth Circuit struck down a policy restricting the public’s right to attend deportation hearings involving national security. Less than two months later, the United States Court of Appeals for the Third Circuit upheld the same policy. Will the United States Supreme Court ultimately decide the constitutional issues?
10/07/02 - Is Fingerprint Evidence Scientifically Reliable? On January 7, 2002, U.S District Court Judge Louis H. Pollak held that FBI fingerprint examiners could not give their opinions at a criminal trial. Just over two months later, on March 13, 2002, Judge Pollak changed his mind. Why did Judge Pollak - a respected senior jurist - make this decision in the first place? And why did he change his mind?
09/24/02 - The Habitability of Your New Home. Suppose you buy a new home, only to find that the foundation has cracked and the house is now falling apart. What legal remedies do you have against the builder? The answer might surprise you. In addition to statutory violations, you might be able to sue the builder for breaching implied, or unwritten, terms of the home-sale contract.
09/13/02 - Do First-Year Associates Even Have A Life? A variety of legal jobs is available to the new graduate. They include joining a large law firm, seeking employment with a small firm, hanging out a shingle as a solo practitioner, or becoming a prosecutor. This note - describing large-firm employment - is the first of a monthly series describing each of these options.
09/06/02 - A Guide to the 9-11 Lawsuit. On August 15, 2002, the families of many of the 9-11 terrorist attack victims filed suit against many defendants associated with al Qaeda. This outline breaks down the 259-page complaint into manageable chunks, with notes and links to the text of the lawsuit.
08/31/02 - Same-Sex Shared Custody. The Ohio Supreme Court rules that partners in a same-sex relationship may share custody of one of the partner’s children when joint custody is in the best interests of the children.
08/24/02 - Spy Court Rebukes Ashcroft. The secretive United States Foreign Intelligence Surveillance Court rules against the Attorney General and criticizes the FBI - and Mr. Ashcroft isn't happy about it.
07/29/02 - Back to Law School. It’s that time again - late summer/early fall, which means back-to-school time. For those in law school, whether just enrolling or returning for the second or third year, the experience is just a bit different from Ms. Brown’s second grade. You will, however, still need markers.
07/17/02 - Corporate Responsibility. Amidst the impending collapse of yet another corporate Goliath, many commentators have called for new standards of corporate behavior. President Bush has demanded “a new ethic of responsibility in the business community.” Although these calls for action may calm the investing public, they will require a fundamental change in corporate law if they are to be pursued.
07/08/02 - The Salubrious Life of the Summer Associate. A time-honored way to get a legal job is to clerk for a lawyer during the summer. Learn about the types of jobs available - and what they pay.
06/21/02 - Will the Supreme Court's Ban on Executing Retarded Persons Have Any Practical Effect? The United States Supreme Court has refused to state categorically that the death penalty is a cruel and unusual punishment. But the Court now has held that the execution of a retarded person is cruel and unusual. Defense lawyers representing retarded persons already plead with juries that their clients should not be executed because they are retarded. That decision remains in the jury's hands where, in your Guide's opinion, that decision belongs.
06/11/02 - Is a Sleeping Lawyer Worse than a Silent Lawyer in a Death Penalty Case? The Sixth Amendment to the United States Constitution guarantees an accused the right to assistance of counsel. Sometimes lawyers make tactical decisions to remain silent, and once in a while, a lawyer falls asleep. How could the Supreme Court disallow the conviction of a person whose lawyer did nothing while asleep, yet let stand the death penalty of a person whose lawyer did nothing while awake?
05/08/02 - What's the Legal Basis for the Reparations Lawsuit? On March 26, 2002, Deandria Fermer-Paellmann filed suit in a New York federal court to seek reparations for the slavery her ancestors endured. The defendants are a bank founded by a slave trader, an insurance company that once issued life insurance policies on slaves' lives, and a railroad whose predecessors used slave labor to build most of its tracks.
05/01/02 - Memoir of a Bar Exam. In a fit of insanity, your Guide decided to take the New Mexico bar examination. Could this old dog still hunt?
04/22/02 - Priests as Racketeers? A young man going by the name John Doe has filed suit against a defrocked Catholic bishop and several Catholic dioceses. Doe accused them of engaging in racketeering by concealing the bishop's sexual abuse of Doe and others.
03/15/02 - Internet Child Visitation. Divorced parents' visitation with their children always has meant physical visitation. But now the courts are considering Internet visitation as an alternative or a supplement. How will the Internet affect the children of divorce?