Free Legal Advice Online

A Santa Monica restaurant allegedly decided to serve meat from an endangered whale to their patrons Criminal charges were filed this week against The Hump restaurant and one of its chefs for allegedly selling meat to customers that came from an endangered whale. The restaurant immediately released a statement through their attorney Gary Lincenberg admitting to wrongdoing and that they are willing to cooperate with court system, according to the L.A. Times. Lincenberg said the Hump took “responsibility for the wrongdoing charged by the U.S. attorney.” The misdemeanor charge of illegal sale of a marine mammal product could be punished by up to a year in prison, as well as a $100,000 fine against an individual and a $200,000 fine against an organization, The L.A. Times reported The restaurant was exposed through an unlikely team effort between a documentary producer, two vegans and federal agents. Charles Hambleton, associated producer of the Oscar-winning documentary about water body abuses in Japan called “The Cove” (watch the trailer below), was tipped off about The Hump’s nefarious menu option. Crews that worked on the film helped to ... Read more..

In Oklahoma City, Oklahoma, as budget problems and economic concerns continue to draw the attention of legislators, politicians are considering whether to pursue a piece of legislation that would attempt to address the issue of divorce in the state, according to the Associated Press. The Oklahoma legislature is controlled by members of the Republican party, and divorce legislation is a sensitive subject for conservatives across the country. Further complicating the matter and facing conservatives against each other ideologically, Oklahoma divorce rates are among the highest in the nation, falling behind only Nevada and Arkansas based on 2007 data. There were 28,419 marriages in Oklahoma that year, and 18,851 divorces. Poverty, teen pregnancy and early marriage are cited as possible causes of the divorce rate problem. Such high rates of divorce come in a state whose conservative leaders continually stress the importance of family values. Church attendance levels in Oklahoma are among the highest of any state. Three bills were proposed by the Oklahoma Legislature recently. While two of them were shot down, one has stayed alive and awaits action. This bill would require newlywed couples ... Read more..

One of the recent challenges for Civil Procedure profs has been to explain the Twombly/Iqbal event to students already struggling to understand what often seems to be an arcane and highly contrived subject. I begin by lowering expectations, showing a slide of a local federal judge with a caption depicting his reaction to Twombly –  expressed on a panel discussing the case at a CLE seminar. “When I read this case,” he recalled, “I said ‘what the hell?’” I remember following the good judge’s remarks and saying that he had succinctly summarized Twombly and all that would follow would be mere elaboration. After Iqbal, I am afraid I still can’t do much better. Except maybe I can. It seems to me that the Court’s new plausibility standard has something to do with the likelihood that the plaintiff could have facts supporting the allegations being made, the ability of a factfinder to accurately infer those facts from circumstantial evidence and the difficulty in confirming whether or not the plaintiff will ultimately be able to make a prima facie case. I was a litigator for 25 years ... Read more..

I am currently in Boston serving as coach to two teams of Marquette law students who are competing in the National Appellate Advocacy Competition’s Boston Regional Competition.  The teams are Alyssa Dowse, Rachel Helmers, and Nicholas Harken (this month’s student blogger); and Jesica Ballenger, Lindsey Johnson, and Allison Ziegler.  This evening at 5:30 p.m. both teams argued off brief in their first round.  I am delighted to report that both teams won! The next round happens tomorrow evening.  Both teams will be arguing on brief, so I am feeling very optimistic about their chances. Wish the teams luck!  I will keep you posted. (Note:  The Liberty Hotel, pictured above, which is hosting most of the out-of-town competitors, is in Beacon Hill on the site of the historic Charles Street Jail.) Read more..

The Milwaukee Public Schools system should be replaced with ten to twelve smaller school districts, Republican gubernatorial candidate Scott Walker said Thursday in an “On the Issues” session at Marquette Law School. Asked by host Mike Gousha, the Law School’s Distinguished Fellow in Law and Public Policy, what he would do about problems facing MPS, Walker said, “I’d legally eliminate it and start all over. . . . Wipe it out, start over again, legally redefine the school district.” Walker, Milwaukee County Executive since 2002, said his two children attend schools in Wauwatosa and a district of that size or smaller is better managed, can better focus on students, and can benefit from more of a sense of community supporting it. The existing MPS structure is too big, and it is too difficult to make effective improvements, he said.  Walker also said he supported “putting more power and force behind the choice movement and the charter movement in Milwaukee.” That would include lifting the cap of 22,500 students on the program that currently allows more than 20,000 children to attend religious and other private ... Read more..