President-elect Donald Trump has vowed to reverse many of President Obama’s executive actions. But with a mere stroke of the pen, can one president so easily undo the work of his predecessor? At least in the context of national monuments, the answer is likely “no.” President Obama has created or enlarged ...

Continue Reading...

Seeking data about how to make law-school graduates more practice-ready, the Institute for the Advancement of the American Legal System conducted its "Foundations for Practice" survey in 2014-15.  More than 24,000 lawyers in the U.S. participated. The lawyers rated the importance of 147 skills, competencies, and traits (called "foundations") in one of four ways: (1)  “Necessary immediately for ...

Continue Reading...

A recent Illinois Supreme Court opinion added fuel to the long debate over "shall," a word historically used to convey a mandatory or prohibited action in contracts and legislation. (Thanks to Legal Writing Prof for posting about it.) In People v. Geiler, the defendant argued that a traffic citation should be ...

Continue Reading...

During my introduction to contract drafting last week, I reviewed with my students a contracts case that hinged on the meaning of a common, four-letter word: “sale.” Many lawyers wouldn’t think to look up “sale” in a dictionary because everyone "knows" what it means. That seemingly clear word caused a $7.5 million ...

Continue Reading...

Originally posted on Education Law Prof Blog where Professor Nance was a guest blogger. Read the original post here. In re Expulsion of A.D. describes the expulsion of a student in southern Minnesota for accidentally bringing a small pocketknife to school. A school liaison officer found the knife while conducting a random ...

Continue Reading...

Originally posted on Education Law Prof Blog where Professor Nance was a guest blogger. Read the original post here. On May 19, 2011, F.M., a thirteen-year-old seventh grade student at Cleveland Middle School of Albuquerque Public Schools, generated several fake burps during class, causing several students to laugh. The teacher ordered F.M. ...

Continue Reading...

Leo Strine and Nicholas Walter published a recent article, Originalist or Original: The Difficulties of Reconciling Citizens United with Corporate Law History, 91 Notre Dame L. Rev. 877 (2016). Strine is the chief justice of the Delaware supreme court and a leading corporate law jurist. The article contests Scalia's concurrence ...

Continue Reading...

The Supreme Court of the United States issued its long awaited opinion in Sanchez-Valle v. Commonwealth of Puerto Rico last Thursday, June 9, 2016. (Case no. 15-108, 579 U.S. ___ (2016); http://www.supremecourt.gov/opinions/15pdf/15-108_k4mp.pdf (last visited June 14, 2016)). The six-justice majority ruled, in an opinion authored by Justice Kagan, that although ...

Continue Reading...