Many people have learned that social media can be a devastating weapon in a divorce case. With the ability of a spouse to catch their significant other in a lie, or in compromising positions, it’s easy to see how websites like Facebook can open a flood gate of information. But do these social media websites do more than make these once discrete action visible? According to a recent article in the Chicago Tribune, social media websites might actually make cheating easier. The website FacebookCheating.com was created in response to this very problem. Ken Savage, founder of FacebookCheating.com, created the website after his wife used Facebook to rekindle a relationship with her ex-boyfriend. Savage describes the purpose behind his website as, “to help others cope with someone cheating on them as well as shine light upon someone who is using Facebook to cheat.” Facebook has become such common instrument in divorces that, according to a survey from Divorce-Online.com, approximately 20 percent of divorce cases mention Facebook. This is an especially shocking statistic when you take into account that Facebook has only been around for about six years. Savage has stated that he doesn’t have a problem with Facebook, in fact he still uses and enjoys the ... Read more..
This week: Those who don’t do, can’t teach? Also, an unconstitutional village ordinance on real estate for-sale signs may serve as a symbol of racial integration; the surprising stem cell research injunction; and is there a “private action” requirement in the Constitution? First, it’s recruiting season for new law professors, which means that this week it was time for the perennial debate over the composition of law faculties. This time it was kicked off by Georgetown adjunct professor Brent Newton with his article, posted on SSRN, entitled “Preaching What They Don’t Practice: Why Law Faculties’ Preoccupation with Impractical Scholarship and Devaluation of Practical Competencies Obstruct Reform in the Legal Academy.” That was followed by comments from Stephen Bainbridge, Joe Hodnicki, Jonathan Adler, Rick Garnett, Kristen Holmquist, and Paul Horwitz. (I myself have weighed in on previous iterations of this debate.) One thing that struck me as missing from all of this commentary, much of it thoughtful, was any mention of the notion of law school degrees as positional goods. Sarah Waldeck posted the fourth and final installment in her fascinating series on a Chicago suburb that has persisted in retaining, and apparently enforcing, a clearly unconstitutional village ordinance banning real estate for-sale ... Read more..
Friends were stunned when the model Stephanie Seymour and the millionaire many times over Peter Brant were married without a prenuptial agreement, according to a recent article in the New York Times. Donald Trump was among those surprised when the two married without a prenup. “It’s a lot easier to get done when you love each other than when you hate each other. And they hate each other. It’s a mess.” The divorce that has been going on since 2009 has featured a wide range of accusations and bitter disputes. Seymour claimed that Brant was too controlling, and Brant claimed that she was unfaithful and that she had abused alcohol and drugs. As the 15-year marriage dissolves, the high-brow Connecticut community of Greenwich where they live is watching the ordeal, in the words of the New York Times article reporting on the divorce, as though it were a car crash they wish would go away. Each side of the power couple met in court this week, to continue their divorce battle. In the courtroom, Seymour and Brant avoided eye contact, as she sat calmly and he fidgeted with paperwork. This wasn’t the first time they’d been in court. Since Seymour’s March 2009 filing, the couple ... Read more..
The latest issue of the Marquette Law Review features a student comment by Ryan Parsons on the treatment of “temporary victims” under the federal sentencing guidelines.  In crimes such as bank fraud, individual accountholders that have been defrauded are often reimbursed by the bank and, therefore, made economically whole.  Such reimbursed accountholders are often ignored for purposes of sentencing enhancement, even though reimbursement may not occur without time and effort expended by these temporary victims.  Parsons describes how various courts have dealt with this phenomenon, as well as the Federal Sentencing Commission’s recent decision to include all such temporary victims in the enhancement calculation regardless of whether the defrauded accountholders even knew about the fraud.  Parsons argues that in order for a sentence to accurately reflect the severity of the crime, temporary victims should be taken into account to the extent that they suffered actual, monetizable losses (e.g., time spent pursuing mitigation). This issue also includes Rachel Delaney’s comment analyzing the use of deferred prosecution agreements (DPAs) in the corporate crime context, ultimately calling for congressional regulation of prosecutorial discretion.   Tracing the brief history of DPAs from the 1992 Salomon Brothers case to the 2008 AGA Medical Corporation agreement, Delaney demonstrates ... Read more..
Today is the 86th anniversary of the dedication of the former Marquette law building now known as Sensenbrenner Hall.  On Wednesday, August 27, 1924, a formal ceremony was held to mark the completion of the new law school building, known then only as the Law Building, shortly before the start of the 1924-25 academic year. The new building, constructed just in front of the previous law school building, the Mackie Mansion, had been two years in the making.  Its completion helped symbolize the arrival of Marquette into the first rank of American law schools.   As the university proclaimed, “The School of Law of Marquette University has entered upon a new era.” According to the Associated Press, the event was attended by “a great crowd of former students, current students, lawyers, judges, and state officials.”  The ceremony began at 10:30 a.m. with an invocation by the Rev. Hugh McMahon, S.J., the regent of the law school.  After that, the keys to the law school were ceremonially presented to Dean Max Schoetz by the university’s president, the Rev. Albert C. Fox, S.J.  Fox lauded the accomplishments of the law school over the previous 30 years (indicating that he dated the law school’s beginnings to ... Read more..

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