In the next few weeks, a new class of law students will flock to law school campuses for orientation and the start of classes. If you are one of those new students–welcome! Over the next few weeks, you will be…
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Agency Deference and Statutory Interpretation
Courts often defer to administrative agencies on matters that require the agency’s specialized expertise. Yet even the embattled Chevron deference doctrine[1] puts the brakes on judicial deference sensibly when Congress has spoken on the matter. After all, the statute’s meaning…
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PSA to Business Owners Nationwide: Fake Reviews on the Rise!
Business owners beware! Fake reviews are on the rise, particularly fake reviews for restaurateurs.
Recently in Houston, a restaurant by the name of Bludorn, became the newest victim of this defamatory trend. After receiving an influx of bad reviews all at once, co-owner and Chef Aaron Bludorn took action by contacting Google to remove the reviews.
However, restaurants across the country have been reporting similar extortion threats, ranging from gift card demands to compensating meals.
This illegal trend has gained so much traction in the state of Arizona that Governor Doug Ducey recently passed SB1001 into law, making it a class
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Early Integrative Bargaining in Croatia circa 1612
When I was in Croatia earlier this summer, I took a tour of the beautiful small island of Hvar off the coast of Split. Part of the tour included a stop at the Hvar Public Theater right at the port. When we walked by, I noticed a Latin inscription at the entrance, ANNO SECVNDO PACIS MDCXII. I asked my tour guide for more details, as I recognized the word “Pacis”. She told me it translates to “the second year of our peace 1612.” As an ADR teacher, of course I asked for more details.
As I learned, the theater was
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Uncrewed Aircraft Defined
Determining what is, and is not, an “aircraft” is so important because it determines whether it falls under the purview of the International Civil Aviation Organization (ICAO). If it does, then it is held to the same standard as traditional manned aircraft and must comply with all of the same requirements.
Upon initial review, defining “uncrewed aircraft” seems to be intuitive and somewhat self-explanatory. However, with close examination and careful thought what is and is not “uncrewed” becomes less clear. For example, what if there is not a pilot in the aircraft but the aircraft is being flown by a
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Defamation in the Workplace: How Do You Protect Your Reputation?
Defamation is the use of false and malicious statements to malign or damage a person’s reputation. In the workplace, it has the potential to bring an employee’s character into disrepute, stifle career development, and create serious health issues. In some cases, defamation causes irreparable damage. Although not a crime in most states, it is considered a tort or a civil wrong. Victims of defamation can file civil suits against defamers to defend their reputation and obtain relief.
Defamation in the Workplace
There are two forms of defamation: slander and libel. Slander is verbal defamation, while libel takes written form.
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Putting the Audience First: The Writing Tactic of Restatement
Thursday’s Rhaw Bar: A Little Bite of All Things Rhetoric and Law—exploring ideas, theories, strategies, techniques, and critiques at the intersection of rhetoric and legal communication. Putting the Audience First: The Writing Tactic of Restatement In May, I wrote the…
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Ironman Lake Placid – The Swim
Six years ago, I said I’d never do an Ironman race because I don’t like swimming. It’s monotonous and boring. And yet, there I was, standing on the shore of Mirror Lake in Lake Placid, New York. I spent more than 4 years swimming laps at the pool at 6 a.m., rain or shine, preparing for this swim.
Pre-Race Swim with my Coach
On the Friday afternoon before the race, I had a special swim lesson with my coach, David Roher, that he calls Direct Recovery of Open Water Navigation and Guidance (DROWNG).
Yes, I paid him
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Real Mediators’ Real Mediation Models
Mediation theory generally focuses on models of mediation procedures. While prescribed procedures obviously can be important factors affecting mediators’ behavior, traditional mediation theories are major oversimplifications that often don’t reflect the reality of how mediators actually think and act. Many mediators agree with this critique, but these theoretical concepts still are widely used without much thought.
This earlier post describes how mediators inevitably develop their individual mediation models that they evolve over time. It is based on Kahneman and Tversky’s work on conscious and unconscious thinking and Kressel’s work on mediators’ actual mental models. Kressel argues that mediators’ actual mental
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The Hallmarks of a Great Appellate Brief
Writing an excellent appellate brief is an arduous task. The quality of your writing, coupled with how you organize and present your arguments, can make the difference between winning and losing. Below are a few tips that can enhance the…
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House-passed "assault weapon" "ban"
Text here. Among other things, it would cover any semiautonomous rifle with a “pistol grip” or a “threaded barrel.” Note this would cover even those where the pistol grip is a portion of the shoulder stock. The M-1 Grand and Carbine would be covered, since their stocks have pistol grips. (The Garand’s clip is likely a “detachable feeding device.”) So would the Remington Model 8, first sold in 1906 (which also has a detachable buttstock, another banned feature). Among handguns, any that have a magazine outside the pistol grip (There goes the broom handle Mauser). Among shotguns, any that have
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Small Estate Affidavits: Avoiding probate in property disposition
For decedents who owned property of relatively modest value, Arizona law provides for ownership transfers that do not require probate court oversight.
Small Estate Affidavit
A
small estate affidavit,
also known as an Affidavit for Transfer of Personal Property, allows an heir to transfer or claim the estate’s assets free of probate, provided that the net value of those assets qualifies for small-estate treatment.
To qualify, the value of the decedent’s total personal property (e.g., cash, bank accounts, securities, business interests, vehicles, and other non-real estate assets), minus any liens or encumbrances on those assets, must be $75,000 or less.
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What Are the Main Types of Criminal Damage in Arizona?
Criminal damage is how Arizona lawmakers refer to the crime of vandalism. Criminal damage is a serious crime that can result in a felony charge. It is defined in Arizona Revised Statutes Section 13-1602 as many different reckless and intentional actions that damage, deface or otherwise decrease the value of the property of another person. State law describes six main types of criminal damage.
Recklessly Defacing or Damaging the Property of Another Person
The first type of criminal damage is to recklessly deface or damage the property of another person. The definition of “recklessness” in Arizona is to engage in
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What Are the Different Kinds of Property Crimes in Arizona?
In Arizona, property owners have the right to be free from theft, vandalism, trespassers and other property-related crimes. If a property owner believes that you committed a crime against his or her premises, vehicle or owned possessions, you may receive a criminal charge or get arrested for an alleged property crime. The penalties that you might face – and your available defense options – will depend on the type of property crime involved in the accusation.
Theft
Being accused of theft or thievery means that someone believes you stole something belonging to him or her. State law (Arizona Revised
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Five Website Elements Your Clients Will Thank You For
For most potential clients visiting a law firm’s website, their intent is to learn more about their legal issue and to determine if you are the best choice to represent them. Read on for five website elements your clients will thank you for and how to know if you need a new website.
The post Five Website Elements Your Clients Will Thank You For appeared first on LawLytics.
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Potential Health Risks Associated With JUUL & Vaping
The electronic cigarette, or e-cigarette, was invented in 2003 as an alternative to smoking traditional cigarettes. Nearly 20 years later, e-cigarette and vaping devices have become a staple in the industry. JUUL is one of the leading e-cigarette companies, valued at around $38 billion. Currently, around 50 million people use e-cigarettes and vaping devices. Unfortunately, users are at risk of several major health problems – and potentially many more that scientists still have not discovered.
Nicotine Addiction
Despite being widely advertised as a safer alternative to traditional cigarettes, e-cigarettes pose many of the same (and new) health threats. One is
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