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Law

The Rites of Rape

Women's Rights News | Posted 03.25.2015 | Women
Women's Rights News

As my friend hung up the phone, all I kept thinking about was Jyoti -- how her image had once hovered over her mother and father's head, and how her absent future now dangled over us all like a perpetual question mark waiting to be answered.

The Necessity of LGBT-Inclusive Curriculum

Mark Pino | Posted 03.25.2015 | Gay Voices
Mark Pino

To get to the root of the problem and eradicate homophobic language in everyday jargon, we need to create a link between the word "gay" and the real faces of the LGBT community. Students need to be taught about the accomplishments of LGBT men, women and gender nonconformists.

Texas License Plates and the Confederate Flag

Geoffrey R. Stone | Posted 03.23.2015 | Politics
Geoffrey R. Stone

It seems clear that Texas cannot constitutionally forbid the display of the Confederate flag on a license plate because others might find it "offensive or disagreeable." But it is not so simple. Is the government discriminating among private speakers, or is it expressing only the messages it wishes to convey?

An Open Letter to President Obama: The American Dream Has Failed Me

Kiara Imani Williams | Posted 03.18.2015 | Education
Kiara Imani Williams

I study. I work hard. I volunteer. I did everything I was supposed to do, and yet, in two months, I will graduate from law school with an accumulated total of over a quarter million dollars in student loans.

Against the Backdrop of Selma, Another Injustice in America: Deporting Adoptees

Adam Pertman | Posted 03.11.2015 | Politics
Adam Pertman

The last time I wrote about this issue, about the deportation of adopted people who were born in other countries after committing crimes in the U.S., was over two years ago. I said then, and I repeat in light of this new case today, that criminals should absolutely be punished -- but sending them to a place where they know no one and don't speak the native language is simply appalling.

The Prenuptial Agreement Cannot Be a Secret

Fred Silberberg | Posted 03.10.2015 | Divorce
Fred Silberberg

Times have changed. In the not-too-distant past, prenuptial agreements were not for everyone. The vast majority of people got married without one. The general consensus was that such agreements were only for the 'rich and famous.' In today's climate, people are seemingly more sophisticated than in the past.

The State Bar of California Intends on Silencing Its Members

Mark Baer | Posted 03.09.2015 | Politics
Mark Baer

If the Bar does decide to require certain disclaimers in lawyer blogs, how does that impact previously published blogs over which the attorney does not have editorial control?

Ronald McDonald and Friends Sue Seattle to Stop Minimum Wage Hike

Ron Fein | Posted 03.09.2015 | Politics
Ron Fein

Last summer, the City of Seattle passed a law that will raise the city's minimum wage to $15 per hour. But in a bizarre twist, Ronald McDonald and friends are suing the city and complaining that the new minimum wage violates a constitutional provision that was written to protect newly-freed slaves after the Civil War.

Don't Overlook Chief Justice Roberts When It Comes To Obamacare

The Washington Post | Posted 03.05.2015 | Politics

Three years ago, a gruff-sounding Chief Justice John G. Roberts Jr. asked a question during the marathon hearings on the constitutionality of the Affo...

Justice Kennedy Gave Us a Window Into His Thinking at the King v. Burwell Argument This Morning-- and It Appears to Be Good News for the Government

Brianne J. Gorod | Posted 03.04.2015 | Politics
Brianne J. Gorod

In short, there was a great deal in Justice Kennedy's questions this morning that should give hope to supporters of the ACA. To be sure, opponents of the law might tell a different story.

Celebrating the Tenth Anniversary of Roper v. Simmons: One Small Step for Christopher Simmons, One Giant Step for Juvenile Justice Reform

Marsha Levick | Posted 03.02.2015 | Politics
Marsha Levick

With this simple declaration ten years ago, the United States Supreme Court ended a centuries-old practice that left youth eligible for execution for murders they committed when they were under the age of eighteen.

The Supreme Court & Obamacare Round II

Harold Lloyd | Posted 03.01.2015 | Politics
Harold Lloyd

The plaintiffs in King v. Burwell argue that federal subsidies under the Affordable Care Act (the "ACA") are lawful only in states which have set up their own health care exchanges. This case is now pending before the United States Supreme Court, and the very survival of the ACA could be at stake.

Rankings, Benchmarks, Reporting and More: Motivating Action on Business and Human Rights

Amol Mehra | Posted 02.26.2015 | Impact
Amol Mehra

Civil society groups, investors and even some companies and governments, have recognized that change was, at best, too slow, and they have engaged in myriad efforts to motivate action regarding business' respect for human rights.

The Government's Loss at the Supreme Court Today May Signal a More Important Win Down the Road

Brianne J. Gorod | Posted 02.25.2015 | Politics
Brianne J. Gorod

With the Supreme Court scheduled to hear oral argument in King v. Burwell next week, those looking for clues as to what the Court will decide later this year when it rules in King need look no further than a very different case.

Leading Regional LGBT Group Slapped With a "Foreign Agent" Fine in Russia

Innokenty (Kes) Grekov | Posted 02.13.2015 | World
Innokenty (Kes) Grekov

Another day, another court battle lost for the Russian LGBT community, this time set to the tune of Secret Agent Man.

Why Brands Want to Know Everything About Your Body

Tarun Wadhwa | Posted 02.12.2015 | Technology
Tarun Wadhwa

What these companies have done represents an ambitious step forward in the use of personal information for product design. We're familiar with our online behavior being used to optimize a website or news feed.

There Are Costs to an Affair

Fred Silberberg | Posted 02.10.2015 | Divorce
Fred Silberberg

Last summer U.S. News and World Report quoted a survey finding that people involved in affairs spend an average of $444 per month on them. This includes such things as hotel bills, meals, and activities that they engage in with their extra-marital partners.

Developing Business Without Losing Your Mind or Your Soul

Janice Brown | Posted 02.06.2015 | Business
Janice Brown

Confidence is as equally important as competence, though women, in particular, often think otherwise. Women work and work and wonder why someone else hasn't recognized their sacrifice.

Legal Technology 3.0

Oliver R. Goodenough | Posted 02.04.2015 | Technology
Oliver R. Goodenough

The impact of technology on law is moving forward with all the subtlety of a charging rhinoceros, transforming traditional practice and spawning new forms of "legal service" delivery. Surprisingly, many expect that the swirling events will just enhance the existing system, leaving it essentially intact, but with certain processes improved.

In Defense of Guilt and Empathy

Barbara Greenberg | Posted 02.03.2015 | Parents
Barbara Greenberg

Many of our teens have little idea that their parents have feelings that can be hurt and hearts that can be broken. I say this cautiously, but let's hear it for teaching our kids just a little bit of guilt and a whole lot of empathy.

Tort Law: The Muscle of Justice

Ralph Nader | Posted 02.02.2015 | Politics
Ralph Nader

The ongoing assault on the civil justice system in our country has resulted in a lessened public appreciation of the law of torts, which is one of the major pillars of our legal system and provides crucial protections for individuals. Now comes the American Museum of Tort Law.

Police Think They're Above the Law, and for Good Reason: Here's One Way to Change It

Matt Kaiser | Posted 01.30.2015 | Crime
Matt Kaiser

Police have a lot of power. What they don't have is a lot of accountability. That needs to change.

Alabama Judge's Grandstanding Over Same-Sex Marriage Is Pure Demagoguery

J. Richard Cohen | Posted 03.30.2015 | Politics
J. Richard Cohen

This morning, we filed an ethics complaint against Alabama Chief Justice Roy Moore over his public statements urging the governor and state judges to defy federal law and continue to enforce Alabama's ban on same-sex marriages.

Will Justice Roberts Join the Marriage-Equality Majority for All the Wrong Reasons?

Michelangelo Signorile | Posted 03.25.2015 | Gay Voices
Michelangelo Signorile

I offer a potential outcome on marriage equality when the Supreme Court takes it up this spring: Chief Justice John Roberts joins the majority and writes the decision himself.

The Other Shoe Drops: The Importance of Cybersecurity Insurance Post-Sony

Daniel Garrie | Posted 03.22.2015 | Business
Daniel Garrie

Obtaining cybersecurity insurance coverage is an important part of a company's overall cybersecurity plan and companies should consult with legal counsel to most effectively meet their overall goals.