-
Jeremy Byellin wrote a new blog post: Hot Docs: Lawsuit claims LSAT prep company founder lied about perfect score 19 hours, 41 minutes ago · View
Last month, I read an article from the ABA Journal about how those who score the highest on the LSAT are becoming increasingly unlikely to actually apply to or attend law school. Maybe that’s because the high scorers decided to teach LSAT prep courses instead. For example, Robin Singh, the founder and owner of LSAT prep company TestMasters, claims [...] -
Jeremy Byellin wrote a new blog post: Cyberlaw Update: Secret upskirt videos of employees aren’t protected data 1 day, 19 hours ago · View
(Editor’s Note: Technology changes so quickly nowadays that it’s sometimes hard to keep up. To help with this, Westlaw Insider will be looking at recent developments and updates in social media law and cyberlaw throughout the month of May.) For the first week’s post on a Facebook “Like” not being expressive, click here . For the second week’s post on [...] -
Jeremy Byellin wrote a new blog post: Today in 2005: The REAL ID Act is signed into law 6 days, 19 hours ago · View
What if the Federal Government decided that it wanted to create a national identification system? And, as a part of that system, the government compelled state and local departments of motor vehicles (DMVs) to adhere to strict new guidelines on what data it collects from individuals for use on driver’s licenses? What if that system also [...] -
Jeremy Byellin wrote a new blog post: Hot Docs: Lawyer sues law school for defamation over plagiarism claim 1 week ago · View
Today’s job market has not been kind to lawyers (but you probably didn’t need me to tell you that). As difficult as it currently is to find a job as an attorney, imagine trying to find a job with a formal reprimand on your official law school transcript with a letter accompanying it explaining the reprimand [...] -
Jeremy Byellin wrote a new blog post: Cyberlaw Update: A Facebook page does not create personal jurisdiction 1 week, 1 day ago · View
(Editor’s Note: Technology changes so quickly nowadays that it’s sometimes hard to keep up. To help with this, Westlaw Insider will be looking at recent developments and updates in social media law and cyberlaw throughout the month of May.) For the first week’s post on a Facebook “Like” not being expressive, click here . The Internet has created a vast [...] -
Jeremy Byellin wrote a new blog post: Law firm hires PI to spy on 12-year-old girl’s Facebook page 1 week, 2 days ago · View
We’ve all heard the warnings on being careful about who you encounter online – that people may not be who they appear to be, and many parents have given that warning to their kids. In fact, it’s the worst nightmare of many parents for their children to be approached online by an adult posing as a [...] -
Jeremy Byellin wrote a new blog post: Today in 1970: The Supreme Court upholds religious tax exemptions 1 week, 6 days ago · View
Earlier this year, the Obama administration came under fire from religious groups for implementing a rule pursuant to the Affordable Care Act (ACA) requiring group health plans and health insurance issuers that receive federal funds to cover contraception. The rule became popularly known as the “contraception mandate,” and many religious groups claimed that the Obama administration had [...] -
Jeremy Byellin wrote a new blog post: Hot Docs: Corporations ask SCOTUS to prevent “Citizens United, Part 2″ 2 weeks ago · View
This past January, I wrote about the Montana Supreme Court’s decision in Western Tradition Partnership v. Bullock . The ruling is noteworthy because it effectively declined to follow the U.S. Supreme Court’s 2010 ruling Citizens United v. FEC , choosing instead to uphold Montana’s laws limiting political campaign contributions by corporations . The Montana Supreme Court’s decision has gained quite a bit of [...] -
Jeremy Byellin wrote a new blog post: For-profit schools sued for fudging employment data, lying to students 2 weeks, 1 day ago · View
Institutions of higher education haven’t been getting the greatest exposure lately, especially with the relatively high unemployment rate and the cost of tuition skyrocketing in recent years. If the allegations in two recent lawsuits have any truth to them, things aren’t going to get better anytime soon for higher education – particularly for-profit institutions. Two former employees [...] -
Jeremy Byellin wrote a new blog post: Cyberlaw Update: Court rules that a Facebook ‘Like’ isn’t expressive 2 weeks, 1 day ago · View
(Editor’s Note: Technology changes so quickly nowadays that it’s sometimes hard to keep up. To help with this, Westlaw Insider will be looking at recent developments and updates in social media law and cyberlaw throughout the month of May.) Last month, I wrote about a court ruling that “got it right” on applying the law in step with [...] -
Jeremy Byellin wrote a new blog post: Today in 1861: Habeas corpus is suspended for the first time 2 weeks, 6 days ago · View
The writ of habeas corpus is probably one of the most important legal protections in existence, yet it is one of the least understood among the populace. Having the right to invoke a writ of habeas corpus allows an individual to challenge the legality of an arrest or commitment, and thus ensures that a person’s detention by the state [...] -
Jeremy Byellin wrote a new blog post: Post-oral arguments Arizona v. U.S. prediction update 3 weeks ago · View
Yesterday, the Supreme Court heard oral arguments in Arizona v. United States , which is the Federal Government’s legal challenge to Arizona’s Support Our Law Enforcement and Safe Neighborhoods Act , otherwise known as S.B. 1070. Back in January, I wrote a post predicting the outcome of the case. Yesterday’s oral arguments may have verified certain portions of my predictions, but confused others, so an [...] -
Jeremy Byellin wrote a new blog post: Hot Docs: Coach sues (another) flea market for counterfeit sales 3 weeks ago · View
If anyone who has purchased a Coach product ever wondered why they are so pricey, this case may explain at least part of the reason for it. On April 15 of 2011, Coach, Inc. sued Wagon Wheel Flea Market, Inc. for trademark and copyright infringement. Last month, a flurry of motions and memorandums were filed by both parties [...] -
Jeremy Byellin wrote a new blog post: Court Time: SCOTUS continues to eviscerate human rights protections in court 3 weeks, 1 day ago · View
(Editor’s note: The Supreme Court continues to issue significant rulings, and we’re going to continue to write about them throughout the month of April.) Click here for the first post on strip searches for minor offense arrestees. Click here for the second post on Obama’s remarks on SCOTUS’s health care deliberation. Click here for the third post on SCOTUS’s [...] -
Jeremy Byellin wrote a new blog post: Obama’s executive order targets Iran, Syria, and firms who help them 3 weeks, 2 days ago · View
Last week, Craig Blakeley and Jeff Matsuura wrote a post about Iran’s “Cyber Army.” This “Cyber Army” is a group of 120,000 online activists assisted and trained by the Iranian government to advance its interests. Specifically, the Cyber Army focuses on filtering websites in Iran, monitoring the email and online activity of individuals on a watch list, and observing [...] -
Jeremy Byellin wrote a new blog post: Today in 2005: President Bush signs sweeping bankruptcy reforms into law 3 weeks, 6 days ago · View
Historically, individuals seeking to file for bankruptcy had the choice of which path to take: Chapter 7 (liquidation) or Chapter 13 (reorganization). Chapter 7 was the route most took since, under it, most debts were forgiven, as opposed to Chapter 13, which is essentially a form of debt consolidation. This all ended with the enactment of the Bankruptcy Abuse [...] -
Jeremy Byellin wrote a new blog post: Hot Docs: Appeal of woman convicted of poisoning 21-month-old stepson fails 4 weeks ago · View
I really struggled trying to come up with an attention-grabbing opening for this post for the simple reason of how ridiculous this case is. First, the grisly facts. In November 2009, police were called to Melissa Engelhardt’s residence after it was reported that her 21-month-old stepson was found dead in his playpen. Engelhardt initially told police that [...] -
Jeremy Byellin wrote a new blog post: Court Time: Qualified immunity extends to government’s outside counsel 4 weeks, 1 day ago · View
(Editor’s note: The Supreme Court continues to issue significant rulings, and we’re going to continue to write about them throughout the month of April.) Click here for the first post on strip searches for minor offense arrestees. Click here for the second post on Obama’s remarks on SCOTUS’s health care deliberation. Imagine that you’re outside counsel hired to do some work [...] -
Jeremy Byellin posted a new activity comment: 1 month ago · View
This is a disturbing development.
The clear and convincing evidence standard is quite hard to meet, especially in child custody situations. I would imagine that, if the bill passes, the presumption would be nigh impossible to overcome in most cases. The state is pretty deferential to parents, so it really takes a lot of bad parenting or outright abuse before something rises to the level of ”child endangerment.” Again, the clear and convincing standard makes it that much more difficult, since there is typically very little hard evidence of child endangerment (unless the police have gotten involved).
This is definitely a shift away from the ”best interests of the child” test which is used in nearly all jurisdictions, despite the proposed statute’s text that joint custody is presumed to be in the child/ren’s best interest. This bill is an attempt to subordinate the best interests of the child to the emotional or financial interests of one of the parents.
It has been a long jurisprudential road to get to the ”best interests of the child” test, and I believe that test is the best for determining child custody and parenting time. The courts do a pretty good job figuring out what works best for the child/ren, especially if there’s a guardian ad litem involved. If a parent isn’t receiving the award of parenting time or custody that they want, it’s because the court has determined that such would not be in the child/ren’s best interests. In other words, he or she hasn’t been a good enough parent.
In reply to - William Josten posted an update in the group Westlaw Family Law Forum : In a national legislative season that has seen much press time devoted to “right to work” and voter ID laws, a proposal of a different nature has been wending its way through the halls of the Minnesota Capitol in St. Paul. Minnesota Senate File 1402, [...] · View -
Jeremy Byellin wrote a new blog post: Court awards 10% of wife’s law degree to husband in divorce 1 month ago · View
During these tough economic times, many law school grads are struggling with trying to realize the value of their juris doctorates . If you’re one of these individuals, though you certainly aren’t in an easy position, you should feel fortunate that you aren’t disputing the value of your law degree with your former spouse in court. In New York, [...] - Load More



