The Kansas Board of Regents recently voted to endorse a policy making it easier to terminate tenured faculty members. Under existing policy, a Kansas state university first must recognize a “financial exigency.” If implemented, under the new policy a university could reduce tenured faculty positions without that declaration. This would make termination of a tenured [...]
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Supreme Court to review rules for shareholders alleging securities fraud
The US Supreme Court agreed on Friday to review the issue of whether shareholders can bring class action lawsuits that allege securities fraud. In Goldman Sachs Group, Inc. v. Arkansas Teacher Retirement, the questions the court has agreed to address are: Whether a defendant in a securities class action may rebut the presumption of classwide [...]
Arkansas Supreme Court invalidates election victory over misdemeanor conviction
The Arkansas Supreme Court on Tuesday invalidated the state legislature election victory of Democrat Jimmie Wilson over a previous federal misdemeanor conviction. The invalidation deemed Republican David Tollett the default victor of the November 3 Arkansas State House District 12 election. The court invalidated Wilson’s victory despite then-president Bill Clinton pardoning Wilson for in 2001. [...]
New York state court dismisses state fraud charges against Paul Manafort under double jeopardy law
A four-judge New York appellate panel Thursday unanimously agreed to dismiss state fraud charges against former Trump campaign chairman Paul Manafort. Manafort, who was previously sentenced to seven and a half years in prison for money laundering and witness tampering in a federal court, might escape state prosecution for similar crimes. The New York court [...]
The Consumer Financial Protection Bureau: Seasoned Qualified Mortgage Proposal and GSE Patch
The Government Sponsored Enterprises (GSE) patch is likely to expire in January 2021. This change poses concerns to many individuals, as it would make access to mortgages more challenging for less qualified, but still worthy candidates. For background, the GSE patch overrides the 2013 Consumer Financial Protection Bureau (CFPB) rules intended to reduce the risk [...]
There Is No Ascertainable Proof that the Bar Exam and the MPRE Protect the Public
An August 5, 2020 webinar organized by the University of Miami received a great deal of attention for remarks made by the National Conference of Bar Examiners (NCBE) president Judith Gunderson suggesting that NCBE critics might encounter difficulties with their character and fitness evaluations. I was equally struck, though, by a remark made later in [...]
I graduated from law school in 2017, have taken the Florida Bar Exam four times, and did not pass each time. Just reading that one sentence about me, can you deduce that I do not have the technical nor minimal competence to become an attorney? I am a 48-year-old, female Latina, chasing her lifelong dream [...]
Restructuring and More During COVID-19: The What, How, and Why of Chapter 11
With each passing day that the coronavirus pandemic wears on, there are new statistics in the news making headlines, not just regarding the health and well-being of citizens all across the country, but also about which latest retailer is filing for bankruptcy. This May, clothing giants JCPenney, Neiman Marcus, and J.Crew all announced they are [...]
When we embarked on our law school journeys three years ago, we did so with the knowledge that we would have the same opportunity that so many others have had to be licensed shortly after graduation. COVID-19, unfortunately, changed everything. It deprived so many of us of stability, of normalcy, and of opportunity. In the [...]
When we talk about defunding the police, we focus on what we can see. We imagine hiring fewer cops to flock in subway stations and wander sidewalks. We picture fewer high-priced tanks and military-grade tools of war in our communities. But today’s policing infrastructure also spends millions of dollars on an invisible, sprawling data surveillance [...]