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Court Struggles With Student Loan Bankruptcy Issues

Below, Bryan Henderson of Stanford Law School recaps Tuesday’s oral arguments in United Student Aid Funds, Inc. v. Espinosa (08-1134). You can read Bryan’s preview of the case here. For additional updates, check the United Student Aid Funds SCOTUSwiki page. At Tuesday’s oral argument in United Student Aid Funds v. Espinosa, the Court grappled with whether [...]

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Attorneys May Be “Debt Collectors” and “Debt Relief Agencies”

Below, Stanford Law School’s Keisha Stanford recaps Tuesday’s consolidated oral arguments in Milavetz, Gallop & Milavetz, P.A. v. United States (08-1119) and United States v. Milavetz. Gallop & Milavetz, P.A. (08-1225). Check the Milavetz SCOTUSwiki page for additional updates. At Tuesday’s oral argument in Milavetz, Gallop & Milavetz, P.A. v. United States and United...

10Vote!

Petitions to Watch | Conference of 12.4.09

This edition of “Petitions to Watch” features cases up for consideration at the Justices’ next private conference on Friday, December 4. As always, it lists the petitions on the Court’s paid docket that Tom has deemed to have a reasonable chance of being granted. Links to all previous editions are available in our SCOTUSwiki archive. Docket: 08-1332; [...]

10Vote!

A Question of Fraud

Below, Akin Gump’s John Wittenzellner recaps Monday’s oral argument in Merck & Co., Inc. v. Richard Reynolds (08-905). John’s earlier preview of the case is available here, and Lyle Denniston’s coverage of the cert.-stage proceedings is available here. Check the Merck v. Reynolds SCOTUSwiki page for additional updates. Monday’s oral argument in Merck v. Reynolds focused...

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Who Owns Your Mug Shot?

In July 2005, Patrick Tribett of West Virginia was arrested for paint huffing and had his mug shot taken by police. Tribett's photo, which shows his face partially covered with gold spray paint following his huffing, appeared in places like The Smoking Gun, which collect notable mug shots. It immediately became an "iconic mug shot" that gained him "worldwide infamy," TSG writes...

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Duke Law Journal Volume 59 December 2009

Volume 59 December 2009 Number 3 Articles Cybersieves Derek E. Bambauer The Limits of Advocacy Amanda Frost Notes Constitutional Limits on Private Policing and the State’s Allocation of Force M. Rhead Enion The NCAA’s Lost Cause and the Legal Ease of Redefining Amateurism Virginia A. Fitt Not Peace, but a Sword: Navy v. Egan and the Case Against Judicial Abdication in Foreign Affairs Jason...

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NLJ: Law School Grades Matter More Than Ever; Harvard & Georgetown Ease Grade Curves

Grades: A Perspective -- Grades Matter, but Service Matters More, by William A. Chamberlain (Assistant Dean, Law Career Strategy and Advancement, Northwestern): Grades loom like Marley's ghost or the Spirit of Christmas Future in the minds of law students, particularly first-years, at this time of year. In no other profession...

7Vote!

Pls Hndle Thx: Pass/Fail or EPIC FAIL?

Ed. note : Have a question for next week? Send it in to advice@abovethelaw.com . Hello, I need some advice on whether I should pass/fail Evidence. In short, I have a Constitutional Law exam the morning before with the Evidence exam occurring the following afternoon. I can do some studying during the last week of class, but I have to take two finals before Evidence. I am concerned that pass/failing...

7Vote!

'The Biggest Loser' -- A Lawsuit Waiting to Happen?

In the wake of an interesting article in The New York Times last week highlighting some of the dangerous weight loss techniques being employed by contestants on the reality TV show "The Biggest Loser," THR, Esq. asks the inevitable question: Who will be the first to sue "The Biggest Loser?" At least two contestants, including the winner of the program’s first season, Ryan...

7Vote!

Some Solace for Job Seekers?

I thought I would share this video I made with you folks on the job market this year. Just know that if you're trying to tell people about your article and they're looking at you like you're crazy or a doofus or, in the words of the Dean at the University of Chicago in my case, that there has occurred "a really poor topic selection on your part," perhaps you can take some solace in the fact...

7Vote!

Federalism and the healthcare debate: Should consumers be permitted to “buy insurance across state lines”?

There is no better example of how choice-of-law rules can conceal substantive policy choices than the current arguments over whether consumers should be able to buy insurance policies “across state lines.” Defenders argue that permitting such purchases would increase consumer choice by allowing consumers to choose the package of benefits that they prefer. But proposals to permit such purchases...

7Vote!

"No Decrease In Death Penalty Approval Rate"

The title of this post is the headline of this notable new NPR piece discussing the absence of significant change in the handling of the federal death penalty under the new Obama Administration. Here are excerpts: During the Bush administration,...

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Open Thread: Are Deferred Associates Ready to Start Work

It's December. Bar results are out. Firms are compiling their end of the year numbers. Trees are being trimmed, candles are being lit. Is it time, finally, for in the incoming class of 2009 to start working? Above the Law has been furiously covering all of the Biglaw deferrals this year. A lot of firms deferred their incoming class to December or January. Well, these months are upon us. And first...

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The Influence of U.S. News on Law Schools

Back in 2007, I blogged an article by Wendy Nelson Espeland (Northwestern University, Department of Sociology) & Michael Sauder (University of Iowa, Department of Sociology), Rankings and Reactivity: How Public Measures Recreate Social Worlds, 113 Am. J. Sociology 1 (2007). Today's National Law Journal reports on their related 2007 article,...

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IRS Releases 2010 Standard Mileage Rates

The IRS has released (IR-2009-111) the standard mileage rates for 2010 (Rev. Proc. 2009-54): Beginning on Jan. 1, 2010, the standard mileage rates for the use of a car (also vans, pickups, or panel trucks) will be: 50 cents per mile for business miles driven [down from 55 cents last...