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Legal Commentary

LawPundit

Covers Constitutional and Intellectual Property (copyrights, patents, trademarks) Law, Information Technology, Telecommunications, Internet and New Media, and business-related legal issues from a American and European perspective. Sports (especially college football), Lifestyle (especially the wine business), and Ancient History (especially Legal History)-- all from a broadly defined legal and evidentiary point of view-- round out the picture.
By Andis Kaulins

Post Frequency: 5.6/day

Last Entry: October 15, 2020 at 17:20:01

Income Inequality is the Cancer of the American Economy : WSJ Errs in Trying to Exculpate Bush Tax Cuts as a Major Cause of Federal Deficits

Posted on July 23, 2010
In a recent Wall Street Journal article, Brian Riedl -- a research fellow at the Heritage Foundation -- in an economic analysis titled The Bush Tax Cuts and the Deficit Myth, alleges that not tax cuts but rather: "Runaway government spending, not declining tax revenues, is the reason the U...

U.S. Senate Vote Ends Unpardonable Republican Filibuster of Unemployment Benefits

Posted on July 22, 2010
As reported at the Los Angeles Times by Lisa Mascaro and Michael A. Memoli, Tribune Washington Bureau, in Senate vote ends GOP filibuster of extended jobless benefits, the seating of Carte Goodwin as the new Democratic senator from West Virginia and the vote of two Republicans in Congress having a social conscience ? Maine Senators Olympia Snowe and Susan Collins ? resulted in a vote to extend jobless benefits to 2...

Fremont Nebraska Ordinance Bars ILLEGAL Immigrants from Holding Jobs and Renting Property : Illegal Immigration as a Consequence of NAFTA is a Large Problem in the USA

Posted on July 22, 2010
NOTE! Please note that this is not a xenophobic commentary. The LawPundit was himself a legal immigrant in Nebraska 60 years ago and was always well-treated in that State. The issue here is illegal immigration. Fremont, Nebraska (population ca. 25,000) is in the legal news - see this New York Times video, but first, a bit of local color, highlighting the special character of Fremont, which is not just your ordinary U...

Do the Rich Default More on Mortgages than the Poor? Foreclosed Mansions at TigerHawk : The Problem of Homes Overpriced by the Real Estate Bubble

Posted on July 22, 2010
Are the rich defaulting more on mortgages than the poor? See Foreclosed Mansions at TigerHawk, where Escort81 comments on a David Streitfeld article at New York Times titled Biggest Defaulters on Mortgages Are the Rich. The housing bubble problem is epitomized at the New York Times article by a Peter DaSilva photograph of "a home in foreclosure in Los Altos, Calif...

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Kagan Nomination Moves to Full Senate - The BLT: The Blog of Legal Times

Posted on July 21, 2010
Kagan Nomination Moves to Full Senate - The BLT: The Blog of Legal Times: "- Sent using Google Toolbar"

Vault Law Top 100 U.S. Law Firm Rankings (via Vault Law Firm Associate Survey)

Posted on July 21, 2010
One subjective way of ranking U.S. law firms is by a survey of law firm associates, which is the basis for the Vault Law 100 Firm Rankings 2011, which have just been issued. The LawPundit's alma mater law firm, Paul, Weiss, Rifkind, Wharton & Garrison LLP moved up from 13th to 12th in the rankings.

Wall Street Reform Law Signed by U.S. President Obama : How Will This Law Help Americans?

Posted on July 21, 2010
The Restoring American Financial Stability Act is now law. Check out at the Huffington Post 10 Ways New Wall Street Reform Law Will Help You, Rep. John B. Larson, Chairman of the Democratic Caucus in the U.S. House of Representatives. We just received Whitehouse email about this law -- -- from U...

German Economy Rolling, July, 2010 : A Keynesian Success Story

Posted on July 21, 2010
Spiegel Online International News at A Keynesian Success Story: Germany's New Economic Miracle writes that:"Germany's economy is rapidly rolling toward recoveryDuring the worst of the global financial meltdown, Berlin pumped tens of billions of euros into the economy and spent hundreds of billions propping up German banks...

Golf Carts Take to the Streets : Prior Art in Lincoln, Nebraska nearly 50 years ago : Arvids Kaulins, Inventor

Posted on July 20, 2010
This AP report hit the news stands yesterday: The Associated Press: Golf carts all the rage in Lyons, Colo..One of the amazing things about life is how slow the American public has been to get the energy message. It is now 2010 and golf carts are only now taking to the streets?In Lincoln, Nebraska at the time that I went to high school (1961-1964), my father, Arvids Kaulins, built an electric golf cart which ran on car batteries and we drove it on the streets regularly...

The Rule of 5 and the U.S. Supreme Court at Balkinization

Posted on July 18, 2010
At Balkinization, a posting by Sandy Levinson titled "Persuasion" versus "authority" (and "authoritarianism") in the law expresses some understandably genuine discomfort with the authoritarian nature of the U.S. Supreme Court, whose "papal" wisdom is often expressed and defined by close 5-4 majority rule decisions rather than by the convincing persuasiveness of superior legal logic...

British Open Live Coverage: Round 4 Blog with Farrell Evans - Press Tent

Posted on July 18, 2010
British Open Live Coverage: Round 4 Blog with Farrell Evans - Press Tent: "- Sent using Google Toolbar"

Ladies and Code : Men and Women and Math : A Nice Slideshare Mobile for the Fair Sex

Posted on July 18, 2010
Ladies and Math? See this nicely done presentation by Terri Oda at Slideshare Mobile

Redo That Voodoo - Paul Krugman at the NYTimes.com Exposes Tax Cut Voodoo Economics as Nonsensical

Posted on July 17, 2010
In Redo That Voodoo at the New York Times, Paul Krugman exposes tax cut voodoo economics as nonsensical.The Bush Administration tax cuts nearly bankrupted the country, as good as wiped out the middle class, greatly increased the wealth at the top, and created a mass of impoverished at the bottom...

Louis Oosthuizen - A Star is Born? at the 2010 British Open: How Could this Happen? What Clubs Does He Have in His Golf Bag? Project X?

Posted on July 17, 2010
Is the virtually unknown golfer Louis Oosthuizen (pronouced Lou-ee Wuhst-hy-zen) going to win this year's British Open (the British call it "The Open Championship")? The guy has a great golf swing -- see the video: He has also greatly improved his attitude about golf and life, which is probably the most important change...

Russian Skolkovo - outside Moscow - to be like Silicon Valley as Russia, Germany Sign Multibillion-Dollar Deals

Posted on July 16, 2010
Russia, Germany Sign Multibillion-Dollar Deals (via Voice of America): "Siemens also agreed to help Russia establish a high-technology center in Skolkovo, outside Moscow, that would be similar to Silicon Valley, a region in the western U.S. state of California that is home to many high-tech companies...

The post-Bilski Business Method Patent Hell Begins: eBay Sued for $3.8 Billion Patent Infringement re E-Commerce Payment Systems & Methods

Posted on July 16, 2010
One of the things that Supreme Court Justices sometimes do not seem to understand is that a stupid decision on their part can have disastrous consequences for society, even though it may be a boon to the legal system in providing ever more work for the lawyers...

The Economic Loss Rule as a Bar to Tort Action and the Possible Imposition of Punitive Damages

Posted on July 16, 2010
Kirk Jenkins at The Appellate Strategist posted in March 2010 about Keeping Tort Out of a Business Dispute: The Tenth Circuit and the Economic Loss Rule and he has now followed that up with Indiana Supreme Court Reaffirms Economic Loss Rule. As Jenkins writes: "According to the economic loss rule, where a plaintiff has suffered merely economic loss ? frustrated commercial expectations ? the plaintiff is limited to suing in contract...

Warner Bros. Wins Marshall Football Team Film Case

Posted on July 16, 2010
Matthew Belloni writes at THR, Esq (The Hollywood Reporter at the intersection of hollywood and law) in Appeals court affirms Warner Bros. win in 'We Are Marshall' copyright case that:"The Ninth Circuit Court of Appeals has affirmed Warner Bros.' win in the copyright case brought by two documentary filmmakers who claimed their film, 'Ashes to Glory,' about the Marshall University football team, was ripped off in the 2006 film 'We Are Marshall...

PointofLaw.com writes on Preemption: Obama, Brandeis, and 'a single courageous state'

Posted on July 16, 2010
PointofLaw.com writes on Preemption: Obama, Brandeis, and 'a single courageous state':"On May 20, 2009, President Obama issued a memorandum to executive branch agencies, instructing his appointees to take a critical approach toward federal preemption of the states in the promulgating of regulations...

The Kennedy Court : U.S. Supreme Court (SCOTUS) burdened by Politically Predictable Justices who should be deciding the LAW only

Posted on July 16, 2010
At The Volokh Conspiracy, Jonathan H. Adler comments on Sotomayor?s First Term, based on Robert Barnes' review at the Washington Post. Their commentary is correct in that there have been no real surprises in Sotomayor's voting or opinion-writing at SCOTUS and that is part of the problem faced by a U...

New Federal Insurance Office is in the Offing

Posted on July 16, 2010
At JDSupra, Larry Golub of Barger & Wolen L.L.P. writes that The Federal Insurance Office is on the Way

U.S. 2010 May Trade Balance Figures Released

Posted on July 16, 2010
See May Trade Data Released at Global Reach, the blog of the U.S. Census Foreign Trade Division.

Second Circuit Strikes Down FCC Indecency Policy as Unconstitutional : Fleeting Expletives are Protected Speech

Posted on July 16, 2010
At Second Circuit Flushes FCC Indecency Policy the CommLawBlog of Fletcher, Heald & Hildreth, P.L.C. discusses the Second Circuit decision in Fox Television Stations, Inc. v. FCC, which struck down the FCC indecency policy as being unconstitutionally vague and creating a "chilling effect" on constitutionally protected free speech, finding that fleeting expletives are protected...

Handling Multiple Offers on a Home Purchase | Doron Eghbali - JDSupra

Posted on July 16, 2010
How to Handle Multiple Offers on a Home Purchase | Doron Eghbali - JDSupra:Contributor: Doron Eghbali Law Advocate Group, LLP

FTC Rulings : Red Flags Rule Compliance Date Extended : New Guidelines for Endorsement and Testimonial Ads (Websites, Blogs, Facebook, Twitter)

Posted on July 16, 2010
If you place an endorsement or testimonial ad on your website, blog, Facebook or Twitter, are you subject to FTC (Federal Trade Commission) regulations? Yes, you are. Harwell Howard Hyne Gabbert & Manner, P.C. discuss at JD Supra the new FTC rulings on the Red Flags Rule Compliance Date Extension and New Guidelines for Endorsement and Testimonial Ads on Websites, Blogs, Facebook, Twitter.

Keeping Up Made Easier : Dechert Reduces 2300+ Pages of Financial Reform Bill to 240 Pages for the ABA

Posted on July 16, 2010
Dechert Parses Financial Reform Bill (in 240 Pages) for the ABA Zach Lowe writes at The Am Law Daily that: "... 22 lawyers at Dechert ... spent the last three weeks poring over the financial regulatory reform legislation approved by Congress on Thursday and produced this 240-page desk reference for bankers who will have to deal with all of those new rules...

Innovation at The Daily Beast: Emily Brill Investigates Jonathan Zittrain - Harvard Law Prof

Posted on July 16, 2010
Innovation at The Daily Beast as Emily Brill investigatesJonathan Zittrain - Harvard Law Prof

EBay Sued for Patent Infringement OVER its Affiliates PayPal, Bill Me Later, Shopping.com and StubHub -- Video with Blooper

Posted on July 16, 2010
This is a follow-up to our previous posting at The post-Bilski Business Method Patent Hell Begins: eBay Sued for $3.8 Billion Patent Infringement re E-Commerce Payment Systems & MethodsEBay Sued for Patent Infringement (Note that the top title of this video is wrong in reading that "eBay was sued for patent infringement OF PayPal" - rather - it should read "patent infringement OVER PayPal"...

IKB's CEO Is Officially The First German To Get In Trouble For Allegedly Misleading Investors During The Crisis

Posted on July 16, 2010
IKB's CEO Is Officially The First German To Get In Trouble For Allegedly Misleading Investors During The Crisis: "- Sent using Google Toolbar"

SEC: Goldman Sachs to Pay Record $550 Million to Settle SEC Charges Related to Subprime Mortgage CDO; 2010-123; Jul. 15, 2010

Posted on July 16, 2010
SEC: Goldman Sachs to Pay Record $550 Million to Settle SEC Charges Related to Subprime Mortgage CDO

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