Debt is, by far, the most commonly-sought remedy in the courts of the United States. Yet few lawyers know this, because debt isn’t covered in any of the so-called “leading” casebooks on Remedies. So few law students will hear of the case of Henson v. Santander Consumer USA, Inc., which has just been decided by the US Supreme Court.
As a British law professor living and working in the United States, I am regularly asked the following question:
Is legal education better in the US or the UK?
The answer is that neither is better. They are just different. But appreciating the reasons for (and ramifications of) those differences is crucial.
A recent decision of the Seventh U.S. Circuit Court of Appeals, Hively v. Ivy Tech Community College of Indiana, has been widely reported as holding that Title VII of the Civil Rights Act protects employees from discrimination on the basis of sexual orientation.
A couple of weeks ago, two colleagues and I attended the ABA Techshow 2017 in Chicago. There were many interesting presentations, a wide range of exhibitors, and over 2000 attendees (mostly practitioners, but with a sprinkling of academics). We left with much to ponder.
Every lawyer knows the case of Palsgraf v. Long Island Railroad. It’s a staple of torts classes in every torts class in every law school: the one where a passenger attempted to board a moving train, assisted by a couple of railroad employees.
I keep reading and hearing advice urging speakers — whether they be presenting at small gatherings or large conferences — to tell stories.
I recently had the misfortune to attend a presentation where the speaker kept going on about his hair.
President Trump’s recent executive order, suspending travel from seven predominantly-Muslim countries, together with the ensuing administrative and political chaos, and the subsequent (albeit interim) judicial orders enjoining the enforcement of the order, have highlighted the possibility that the American legal system might very well be on the verge of significant change — and of significant challenges.
“Those who can, do; those who can’t, teach.” So runs the saying. But, like many such aphorisms, it is not so much the product of thought as a substitute for it.
In fact, we all know it isn’t true.