Friday, July 31, 2015

Judges reflect on dealing with difficult pro se litigants

In the Northern District of Illinois, judges still remember pro se litigant Bart Ross.

Ross was a frequent filer in Chicago federal court, where, the…

Will Getting Divorced Affect My Green Card?

If your permanent resident status is based on a marriage, and that marriage is falling apart, you may be worried about your green card. Getting a divorce can be an emotionally and legally scary prospect, especially if you're worried about...

EXTRATERRITORIALITY OF ANTITRUST LAW IN THE US AND ABROAD: A HOT ISSUE Monday, September 28, 2015 from 2:30 PM to 6:30 PM (EDT)

EXTRATERRITORIALITY OF ANTITRUST LAW IN THE US AND ABROAD: A HOT ISSUE Concurrences Review & GWULS Monday, September 28, 2015 from 2:30 PM to 6:30 PM (EDT) Washington, DC, United States Event Details 2:00 – 2:30pm Registration 2:30 – 2:40pm...

20150731 - This 19-Year-Old Will Spend the Next 25 Years as a Registered Sex Offender

This 19-Year-Old Will Spend the Next 25 Years as a Registered Sex Offender July 30, 2015 by Juju Chang, Chris James, and Lauren Effron, ABC News 2015-07-30

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Thursday, July 30, 2015

The Facts About Marital Rape

I'm not sure what Michael Cohen charges per hour, but Donald Trump is surely overpaying him, at least for his opinion on criminal law. On Monday the special counsel for The Trump Organization responded to questions regarding Trump's alleged...

How should we regulate the ‘sharing economy’?

Cities are interested in transportation services offered by groups like Uber and Lyft, but they also have concerns about public safety, according to a

20150730 - Editorial: Living without the death penalty in Texas

Editorial: Living without the death penalty in Texas July 29, 2015 Dallas Morning News 2015-07-29

Loyalty Programs and Consumer Behaviour: The Impact of FFPs on Consumer Surplus

Christiaan Behrens (VU University Amsterdam) and Nathalie McCaughey (Monash University, United States) address Loyalty Programs and Consumer Behaviour: The Impact of FFPs on Consumer Surplus. ABSTRACT: Frequent Flier Programs (FFPs) are said to impact airline consumer behaviour such that revenue...

(Published) - In re Ottman, Bankr. Case No. 11-35219-SBB (recusal)

This opinion discusses when a bankruptcy judge accused of bias should be disqualified from hearing a case and explores the parameters of what is and is not objectionable conduct by the court.

Following the first day of a multi-day hearing on the debtors' second motion to modify their Chapter 13 plan, the debtors filed a motion to recuse Judge Sidney Brooks. The debtors argued that Judge Brooks should recuse himself because his criticism of debtors' counsel during the hearing was "unwarranted, prejudicial, and created an appearance of impropriety" such that recusal was warranted under 28 U.S.C. § 455. Counsel argued further that the judge's tone was "one of condescension, a profound lack of respect, and a manner that borders on scorn." The Chapter 13 trustee opposed recusal.

Based on its review of the transcript of the hearing, the court found that a reasonable person, knowing all the relevant facts, would not harbor doubts about Judge Brooks' impartiality. The court found that any confusion and frustration voiced by Judge Brooks during the hearing was a direct result of the inadequate courtroom presentation of debtors' counsel, and no evidence was presented that showed the court was unable to make a fair judgment in the case. The judge acknowledged that he has a duty to recuse himself where any of the statutory grounds set forth in [11 U.S.C.] § 455 exist; however 'there is a corresponding duty not to do so if cause for recusal has not been shown." Moreover, "[a] judge's impartiality is subject to an objective test which requires a judge to recuse himself when 'a reasonable person, knowing all the relevant facts, would harbor doubts about the judge's impartiality." In the context of a motion to recuse, "the reasonable person standard contemplates a well informed, thoughtful and objective observer, rather than a hypersensitive, cynical and suspicious person."

"In general, 'when a judge's words or actions are motivated by events originating within the context of judicial proceedings, they are insulated from charges of bias.' These include remarks which may be considered critical, or even hostile, to a party or its counsel." The court concluded that while the hearing transcript reflects confusion and frustration by the court as it attempted to follow a somewhat erratic and splintered presentation by debtors' counsel, the court's comments were based entirely on conduct observed at the hearing and "criticism of counsel is rarely grounds for recusal under the principles set forth by the Supreme Court."

3 Tips for Avoiding Inheritance Disputes

Following the death of a relative, the last thing anyone wants is a fight over the assets of the deceased. Everyone, including those in the court system, want the process to go as smoothly as possible. With all of these...

Does Competition make Banks more Risk-seeking?

Stefan Arping (University of Amsterdam) asks Does Competition make Banks more Risk-seeking? ABSTRACT: This article presents a model in which, contrary to conventional wisdom, competition can make banks more reluctant to take excessive risks: As competition intensifies and margins decline,...

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Wednesday, July 29, 2015

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20150729 - Conference at NASA Ames Talks Drone Safety, Privacy Risks

Conference at NASA Ames Talks Drone Safety, Privacy Risks July 28, 2015 by Marianne Favro, NBC Bay Area 2015-07-28

Price Differentiation and Discrimination in Transport Networks

Adriaan Hendrik van der Weijde (VU University Amsterdam) explores Price Differentiation and Discrimination in Transport Networks. ABSTRACT: This paper analyzes the effects of price differentiation and discrimination by a monopolistic transport operator, which sets fares in a congestible network. Using...

20150729 - Cloaking NC death penalty won’t make it fair or error-free

Cloaking NC death penalty won’t make it fair or error-free July 28, 2015 The Editorial Board, News & Observer 2015-07-28

Airline Route Structure Competition and Network Policy

Hugo Emilo Silva (VU University Amsterdam); Erik T. Verhoef (VU University Amsterdam); and Vincent van den Berg (VU University Amsterdam) analyze Airline Route Structure Competition and Network Policy. ABSTRACT: This paper studies whether a regulator needs to correct the route...

20150729 - Amazon suggests a separate airspace for delivery drones

Amazon suggests a separate airspace for delivery drones July 29, 2015 BBC News 2015-07-29

Penalizing Cartels: The Case for Basing Penalties on Price Overcharge

Yannis Katsoulacos (Athens University of Economics and Business, Greece); Evgenia Motchenkova (VU University Amsterdam) and David Ulph (University of St Andrews, United Kingdom) are Penalizing Cartels: The Case for Basing Penalties on Price Overcharge. ABSTRACT: In this paper we set...

20150729 - Chuck Grassley's Closer Than Ever to Giving in on Mandatory-Minimum Reform

Chuck Grassley's Closer Than Ever to Giving in on Mandatory-Minimum Reform July 28, 2015 by Lauren Fox, National Journal 2015-07-28

20150729 - John Oliver Blasts America's Mandatory Minimum Prison Sentences

John Oliver Blasts America's Mandatory Minimum Prison Sentences July 27, 2015 by Ryan Reed, Rolling Stone 2015-07-27

20150729 - Widening scandal at state drug lab in Mass. exposes opportunities for reform

Widening scandal at state drug lab in Mass. exposes opportunities for reform July 17, 2015 by Henry Gass, Christian Science Monitor 2015-07-17

20150729 - Beyond Brothels: Farms And Fisheries Are Frontier Of Human Trafficking

Beyond Brothels: Farms And Fisheries Are Frontier Of Human Trafficking July 28, 2015 by Tracie McMillan, NPR 2015-07-28

20150729 - Bipartisan Push Builds to Relax Sentencing Laws

Bipartisan Push Builds to Relax Sentencing Laws July 28, 2015 by Jennifer Steinhauer, New York Times 2015-07-28

20150729 - President urged to make federal hiring fairer — but is the 'ask' enough to get the right result?

President urged to make federal hiring fairer — but is the “ask” enough to get the right result? July 28, 2015 Collateral Consequences Resource Center 2015-07-28

20150729 - Why should expungement be limited to 'nonviolent' crimes? Dissecting the REDEEM Act (II)

Why should expungement be limited to “nonviolent” crimes? Dissecting the REDEEM Act (II) July 29, 2015 Collateral Consequences Resource Center 2015-07-29

20150729 - Midwestern States Up Funding For Public Defenders And Legal Aid

Midwestern States Up Funding For Public Defenders And Legal Aid July 28, 2015 by Sam Wright, Above The Law 2015-07-28

20150729 - Senate approves expediting changes to NC death penalty drugs

Senate approves expediting changes to NC death penalty drugs July 27, 2015 Associated Press 2015-07-27

20150729 - The Fourth Amendment and Driverless Cars

The Fourth Amendment and Driverless Cars July 27, 2015 by John Frank Weaver, Slate 2015-07-27

20150729 - Can a Public Defender Really Handle 700 Cases a Year?

Can a Public Defender Really Handle 700 Cases a Year? July 27, 2015 by Gabrielle Canon, Mother Jones 2015-07-27

20150729 - Opinion: 'A deficit in our courts': Senator Jeff Sessions and the Lack Of Judicial Professional Diversity

Opinion: 'A deficit in our courts': Senator Jeff Sessions and the Lack Of Judicial Professional Diversity July 28, 2015 by Nan Aron, Huffington Post Blog 2015-07-28

20150729 - Drones: a force for good when flying in the face of disaster

Drones: a force for good when flying in the face of disaster July 28, 2015 by Jennifer Hlad, The Guardian 2015-07-28

20150729 - Efforts To Curb The Nation’s Deadly Heroin Epidemic

Efforts To Curb The Nation’s Deadly Heroin Epidemic July 28, 2015 The Diane Rehm Show, WBUR 2015-07-28

20150729 - The 'Shock Of Confinement': The Grim Reality Of Suicide In Jail

The 'Shock Of Confinement': The Grim Reality Of Suicide In Jail July 27, 2015 by Martin Kaste, NPR 2015-07-27

20150729 - Affirmative Consent: Are Students Really Asking?

Affirmative Consent: Are Students Really Asking? July 28, 2015 by Sandy Keenan, New York Times 2015-07-28

20150729 - Pell Grants to Be Restored for Prisoners

Pell Grants to Be Restored for Prisoners July 27, 2015 by Josh Mitchell and Joe Palazzolo, Wall Street Journal 2015-07-27

Do I Need a Permit to Fix My Sidewalk?

It's my property, right? Wait, does the property end before or after the sidewalk? Or in the middle? And if the sidewalk is on my property, do I still need a permit? After all, I heard you can get sued...

Maximum Likelihood Estimation of Search Costs

Jose Luis Moraga-Gonzalez (University of Groningen) and Matthijs R. Wildenbeest (Erasmus University Rotterdam) are estimating Maximum Likelihood Estimation of Search Costs. ABSTRACT: In a recent paper Hong and Shum [2006. Using price distributions to estimate search costs. Rand Journal of...

Tuesday, July 28, 2015

20150728 - 2015-16 Officers and Newly Elected Members of the Board of Directors Sworn in at Annual Meeting

2015-16 Officers and Newly Elected Members of the Board of Directors Sworn in at Annual Meeting July 28, 2015 NACDL News Release 2015-07-29

CPI Antitrust Chronicle JUL-15(2)Summer 2015, Volume 7 Number 2

Antitrust Antipasto David Balto, James Kovacs, Jul 24, 2015 Healthcare Merger Antitrust Review: Increased Scrutiny for Any Provider Merger Comments (0) 12 41 Whereas previously the focus of the Commission and other enforcement agencies has been on horizontal mergers, there...

20150728 - A Surveillance Bill by Any Other Name: The Cybersecurity Information Sharing Act

A Surveillance Bill by Any Other Name: The Cybersecurity Information Sharing Act July 28, 2015 by Jumana Musa, NACDL 2015-07-29

Incentives for Process Innovations Under Discrete Structural Alternatives of Competition Policy

Andrey E Shastitko and Alexander Kurdin (National Research University Higher School of Economics) explore Incentives for Process Innovations Under Discrete Structural Alternatives of Competition Policy. ABSTRACT: This study analyses the incentives for process innovations under different conditions determined by the...

On the use of price-cost tests in loyalty discounts: Which implications from economic theory?

Chiara Fumagalli (Bocconi) and Massimo Motta (Barcelona GSE) provide thoughts On the use of price-cost tests in loyalty discounts: Which implications from economic theory? ABSTRACT: Recent cases in the US (Meritor, Eisai) and in the EU (Intel) have revived the...

Industry structure and collusion with uniform yardstick competition

Peter Dijkstra, Marco A. Haan, and Machiel Mulder (Groningen University) offer Industry structure and collusion with uniform yardstick competition. ABSTRACT: We study cartel stability in an industry that is subject to uniform yardstick regulation. In a theoretical model, we show...

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Consumer Search and Prices in the Automobile Market

Jose Luis Moraga-Gonzalez (VU University Amsterdam); Zsolt Sandor (Sapientia Hungarian University of Transylvania, Romania) and Matthijs R. Wildenbeest (Indiana University, United States) research Consumer Search and Prices in the Automobile Market. ABSTRACT: In many markets consumers have imperfect information about...

Is a Surveillance Camera in the Guest Room an Invasion of Privacy?

The technological innovations in video recording and streaming have made home surveillance and security simpler and more secret. But can you take in-home surveillance too far? Between nanny cams and monitoring your vacation or Airbnb rental, there are legitimate reasons...

20150727 - Austin, Tex. Lawyer E.G. 'Gerry' Morris Sworn in as 2015-16 President of National Assn. of Criminal Defense Lawyers

Austin, Tex. Lawyer E.G. "Gerry" Morris Sworn in as 2015-16 President of National Assn. of Criminal Defense Lawyers July 27, 2015 NACDL News Release 2015-07-28

Global Antitrust Enforcement Symposium Tuesday, September 29, 2015

Georgetown Law presents Global Antitrust Enforcement Symposium Tuesday, September 29, 2015 The Global Antitrust Enforcement Symposium is a leading forum for lawyers, policymakers, corporate executives, economists, and academics to address current issues in competition law and policy. The faculty includes...

Price-Quantity Competition of Farsighted Firms: Toughness vs. Collusion

Marina S. Sandomirskaia (National Research University Higher School of Economics) describes Price-Quantity Competition of Farsighted Firms: Toughness vs. Collusion. ABSTRACT: The paper examines an interaction of boundedly rational firms that are able to calculate their gains after reaction of an...

IV Lisbon Conference on Competition Law and Economics

On 22-23 October 2015, the Portuguese Competition Authority will host the IV Lisbon Conference, a unique opportunity to stay up-to-date on the latest trends and debates. Pre register to keep updated on the Conference. Speakers Rosa Abrantes-Metz Managing Director, Global...

Output Commitment through Product Bundling: Experimental Evidence

Jeroen Hinloopen (University of Amsterdam); Wieland Mueller (Vienna University); and Hans-Theo Normann (Heinrich-Heine University) describe Output Commitment through Product Bundling: Experimental Evidence. ABSTRACT: This discussion paper resulted in a publication in European Economic Review (2014), 164-180. We analyze the impact...

In Defense of Trusts: R&D Cooperation in Global Perspective

Jeroen Hinloopen (University of Amsterdam); Grega Smrkolj (University of Amsterdam) and Florian Wagener (University of Amsterdam) have written In Defense of Trusts: R&D Cooperation in Global Perspective. ABSTRACT: We present a continuous-time generalization of the seminal R&D model of d’Aspremont...

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Sunday, July 26, 2015

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Can I Back out of an Offer to Buy a House?

The new home you found was perfect, so you made an offer. But if you find out the house isn't so perfect, are you stuck with it? Well, that all depends. Not the most exciting answer, I know, so let's...

Legal Principles in Antitrust Enforcement

Harold Houba (VU University Amsterdam); Evgenia Motchenkova (VU University Amsterdam); and Quan Wen (University of Chicago) discuss Legal Principles in Antitrust Enforcement. ABSTRACT: We study antitrust enforcement that channels price-fixing incentives through setting fines and allocating resources to detection activities....

20150724 - Are Cross-Border Shootings Heading to the Supreme Court?

Are Cross-Border Shootings Heading to the Supreme Court? July 24, 2015 by Steve Vladeck, Just Security 2015-07-24

Is Damage to Solar Panels Covered by Insurance?

Do you have solar panels at your home? If be, be careful of possible damage to your solar panels caused by the environment. Also, you should be alert for damage to your home caused by defective solar panels. If your...

Competition in the Presence of Individual Demand Uncertainty

Marc Mƶller (University of Bern, Switzerland) and Makoto Watanabe (VU University Amsterdam) explore Competition in the Presence of Individual Demand Uncertainty. ABSTRACT: This paper sheds light on a recent empirical controversy about the effect of competition on price discrimination in...

20150724 - Breaking down the legal issues in Sandra Bland’s arrest

Breaking down the legal issues in Sandra Bland’s arrest July 23, 2015 by Helen Coster, Reuters 2015-07-23

The Effects of Leniency on Cartel Pricing

Harold Houba (VU University Amsterdam); Evgenia Motchenkova (VU University Amsterdam); and Quan Wen (University of Chicago) discuss The Effects of Leniency on Cartel Pricing. ABSTRACT: We analyze how leniency affects cartel pricing in an infinitely-repeated oligopoly model where the fine...

20150724 - Lawsuit challenges Arizona law that allows police to seize property

Lawsuit challenges Arizona law that allows police to seize property July 22, 2015 by Ellen Brait, The Guardian 2015-07-22

Top 5 Illegal Foods in the U.S.

For a country that prides itself as being on the cutting edge of hot dog pizza, fried cheesecake, and Dorito-shelled taco technology, there are a surprising number of foods banned in the U.S. Some foods are illegal due to...

Market Structure and the Pricing of New Products: A Nested Logit Approach with Asymmetric Firms

Sylvia Bleker (VU University Amsterdam, the Netherlands); Christiaan Behrens (VU University Amsterdam, the Netherlands) ; Paul Koster (VU University Amsterdam, the Netherlands); and Erik T. Verhoef (VU University Amsterdam, the Netherlands) describe Market Structure and the Pricing of New Products:...

20150724 - Panel in Baton Rouge pushes for reform of nation’s criminal justice system

Panel in Baton Rouge pushes for reform of nation’s criminal justice system July 24, 2015 by Danielle Maddox, The Advocate 2015-07-24

Back from Australia

I have just returned from Australia where I taught a short course on comparative cartels with Caron Beaton-Wells at the University of Melbourne. The University of Melbourne is a marvelous university and the competition law LLM is a well structured...

20150724 - Secrecy of Feds' Prosecution Playbook Challenged in D.C. Circuit

Secrecy of Feds' Prosecution Playbook Challenged in D.C. Circuit July 23, 2015 by Zoe Tillman and Mike Scarcella, National Law Journal 2015-07-23

Who Is Liable When Bridges Collapse?

Chances are, you've driven over a bridge at least once or twice in your life. Have you ever thought about the idea of it collapsing and plunging your car down 50, 70, 100 feet? Recently, a bridge on I-10...

20150724 - Marissa McCall Dodson Awarded Champion of State Criminal Justice Reform Award by National's Criminal Defense Bar

Marissa McCall Dodson Awarded Champion of State Criminal Justice Reform Award by National's Criminal Defense Bar July 24, 2015 NACDL News Release 2015-07-24

Price Competition on Graphs

Pim Heijnen (University of Groningen) and Adriaan Soetevent (University of Groningen) explore Price Competition on Graphs. ABSTRACT: This paper extends Hotelling's model of price competition with quadratic transportation costs from a line to graphs. We derive an algorithm to calculate...

20150724 - Pennsylvania Attorney Peter Goldberger to Receive Prestigious 2015 Heeney Award from Nation's Criminal Defense Bar

Pennsylvania Attorney Peter Goldberger to Receive Prestigious 2015 Heeney Award from Nation's Criminal Defense Bar July 24, 2015 NACDL News Release 2015-07-24

Costly Location in Hotelling Duopoly

Jeroen Hinloopen (University of Amsterdam) ; Stephen Martin (Krannert School of Management, Purdue University) address Costly Location in Hotelling Duopoly. ABSTRACT: We introduce a cost of location into Hotelling’s (1929) spatial duopoly. We derive the general conditions on the cost-of-location...

20150723 - Justice Department: You Don’t Need Mandatory Prison Sentences To Put The Right Drug Criminals In Jail

Justice Department: You Don’t Need Mandatory Prison Sentences To Put The Right Drug Criminals In Jail July 22, 2015 by Evan McMorris-Santoro, BuzzFeed News 2015-07-22

20150723 - White House: Gitmo closing plan 'close'

White House: Gitmo closing plan 'close' July 22, 2015 by Jordan Fabian, The Hill 2015-07-22

20150723 - Why Thousands Of Rape Kits Are Going Untested

Why Thousands Of Rape Kits Are Going Untested July 23, 2015 On Point, WBUR 2015-07-23

20150723 - A high-ranking Obama official just called for the “eradication” of bite mark evidence

A high-ranking Obama official just called for the “eradication” of bite mark evidence July 22, 2015 by Radley Balko, The Watch 2015-07-22

20150723 - Federal Prisons Could Release 1,000 Times More Drug Offenders Than Obama Did

Federal Prisons Could Release 1,000 Times More Drug Offenders Than Obama Did July 23, 2015 by Beth Schwartzapfel, The Marshall Project 2015-07-23

20150723 - The Nonviolent Offenders Congress Forgot

The Nonviolent Offenders Congress Forgot July 22, 2015 by Christine Thompson, The Marshall Project 2015-07-22

20150723 - D.C. Judge Allows Some Forfeiture Claims to Proceed

D.C. Judge Allows Some Forfeiture Claims to Proceed July 22, 2015 by Happy Carlock, Legal Times 2015-07-22

20150724 - With Significant Amicus Support, Nation's Criminal Defense Bar Continues Push for Public Disclosure of the Department of Justice Discovery Blue Book

With Significant Amicus Support, Nation's Criminal Defense Bar Continues Push for Public Disclosure of the Department of Justice Discovery Blue Book July 23, 2015 NACDL News Release 2015-07-25

20150722 - Idaho lawmakers: Public defender reforms will start next year

Idaho lawmakers: Public defender reforms will start next year July 21, 2015 by Bill Dentzer, Idaho Statesman 2015-07-21

20150722 - Opinion: It’s time for Tennessee to reconsider the death penalty

Opinion: It’s time for Tennessee to reconsider the death penalty July 21, 2015 by udy Cummings and Harold M. Love Jr., The Tennesseean 2015-07-21

20150722 - Laptops and Handbags Are Different

Laptops and Handbags Are Different July 21, 2015 by Donald Scarinci, New Jersey Star-Ledger 2015-07-21

20150722 - Life as a Public Defender

Life as a Public Defender July 22, 2015 by Kim Segal, CBS News 2015-07-22

Thursday, July 23, 2015

Bankruptcy and Divorce: Which Should You File First?

For many couples, unfortunately, bankruptcy and divorce go hand in hand. The statistics are quite discouraging and telling. Nearly 50 percent of marriages end in divorce. Of those, 22 percent of divorces are caused by money issues or disagreements about...

Sen. Ted Cruz holds hearing on how to rein in SCOTUS ‘lawlessness’

U.S. Sen. Ted Cruz, a candidate for the GOP presidential nomination, held a Senate Judiciary subcommittee hearing on Wednesday that considered how to battle “judicial…

Prices, Product Differentiation, and Heterogeneous Search Costs

JosƩ L. Moraga-GonzƔlez (VU University Amsterdam, the Netherlands); Zsolt SƔndor (Sapientia University, Rumania); and Matthijs R. Wildenbeest (Indiana University, United States) examine Prices, Product Differentiation, and Heterogeneous Search Costs. ABSTRACT: We study price formation in the standard model of consumer...

20150723 - Obama ‘Will Veto’ Defense Bill Over Guantanamo (Video)

Obama ‘Will Veto’ Defense Bill Over Guantanamo (Video) July 22, 2015 by Steven Dennis, Roll Call Blog 2015-07-22

Do I Need a Permit for a Swimming Pool?

With summer in full swing, the hot weather may have you tempted to put in a swimming pool. Before you dive into constructing one, there may be one pesky issue you'll have to take care of first -- a permit. Do...

On endogenous Stackelberg leadership: The case of horizontally differentiated duopoly and asymmetric net work compatibility effects

Tsuyoshi Toshimitsu (School of Economics, Kwansei Gakuin University) provides comments On endogenous Stackelberg leadership: The case of horizontally differentiated duopoly and asymmetric net work compatibility effects. ABSTRACT: Introducing product compatibility associated with network externalities (hereafter, network compatibility effects) into a...

5 Things to Know Before Buying a House

Buying a house is a big deal. Beyond the financial investment, there are quite a few legal implications, not to mention the emotional attachment to a new home. No one wants to end up on the other side of home...

Capacity Choice under Uncertainty with Product Differentiation

Christiaan Behrens (VU University Amsterdam) and Mark Lijesen (VU University Amsterdam) examine Capacity Choice under Uncertainty with Product Differentiation. ABSTRACT: We explore the characteristics of a capacity-then-price game for a duopoly market with product differentiation and stochastic demand. The analysis...

Wednesday, July 22, 2015

Signaling and Agreement in Antitrust Law

William H. Page, University of Florida - Fredric G. Levin College of Law describes Signaling and Agreement in Antitrust Law. ABSTRACT: Oligopolists look for signals from one another in planning their strategies. Some signals solicit cooperation from rivals and a...

Is There a Competition-Stability Trade-Off in European Banking?

Aurelien Leroy, University of Orleans - Laboratoire d'economie d'Orleans and Yannick Lucotte, ESG Management School ask Is There a Competition-Stability Trade-Off in European Banking? ABSTRACT: The trade-off between bank competition and financial stability has always been a widely and controversial...

Can Info From the Ashley Madison Hack Be Used as Evidence?

AshleyMadison.com bills itself as a matchmaker for married people looking to have an affair. So, the general public probably won't feel much sympathy for the 37 million users whose personal information was stolen in a hack last week. While...

Who is Liable When Bridges Collapse?

Chances are, you've driven over a bridge at least once or twice in your life. Have you ever thought about the idea of it collapsing and plunging your car down 50, 70, 100 feet? Recently, a bridge on I-10...

Is the German Retail Gas Market Competitive?

Alexander Kihm, German Aerospace Center, Nolan Ritter, Rhine-Westphalia Institute for Economic Research (RWI-Essen), and Colin Vance , Rhine-Westphalia Institute for Economic Research (RWI-Essen) ask Is the German Retail Gas Market Competitive? ABSTRACT: We explore whether non-competitive pricing prevails in Germany’s...

20150721 - Editorial: State must protect wrongly accused

Editorial: State must protect wrongly accused July 21, 2015 Detroit News 2015-07-21

(Unpublished) - In re Dominguez Juarez, Case No. 15-10030- HRT; Order entered July 2, 2015 (Relief from stay under 11 U.S.C. §§ 362(c)(3) and 362(d)(1)).

In this chapter 13 case, the Court granted the creditor's earlier § 362(j) motion for a declaration that the stay had automatically terminated under § 362(c)(3)(A) because Debtor had been a debtor in another case within the last year and had not been granted an extension of the stay under § 362(c)(3)(B). In that order, the Court cited to In re Holcomb, 380 B.R. 813 (B.A.P. 10th Cir. 2008), which held “the automatic stay terminates under § 362(c)(3)(A) only with respect to the debtor and the debtor's property but not as to property of the estate.” Id. at 816.

Subsequently, the creditor filed this motion for stay relief under § 362(d)(1). The creditor argued § 362(c)(3)(C) creates a rebuttable presumption that Debtor's case was filed in bad faith, and the creditor's burden to show cause for relief under § 362(d)(1) is satisfied if Debtor fails to rebut the presumption with clear and convincing evidence as provided under § 362(c)(3)(C). The Court rejected the creditor's argument, holding the effect of the § 362(c)(3)(C) rebuttable presumption of bad faith is limited to motions for extension of the stay under § 362(c)(3)(B).

The Court went on to hold Debtor had filed his Chapter 13 petitions in good faith, following the reasoning set forth in In re Galanis, 334 B.R. 685 (Bankr. D. Utah 2005), a post- BAPCPA repeat filing case. The Court analyzed a number of factors, including the length of time between petitions, the nature of the debts, the Debtor's motive, the effect on creditors, the reason the prior case was dismissed, the likelihood of funding and completing a plan, and the position of the creditors. Based on the evidence, the Court weighed those factors in Debtor's favor and denied relief from stay. The Court further noted that Creditor's collateral had substantial equity providing adequate protection, even if specific payments to cure any arrearage had yet to be finalized by the plan confirmation process.

Prices and Heterogeneous Search Costs

JosƩ Luis Moraga-Gonzalez, VU University Amsterdam, Zsolt Sandor, Sapientia University; Sapientia-Hungarian University of Transylvania, and Matthijs R. Wildenbeest, Indiana University - Kelley School of Business - Department of Business Economics & Public Policy analyze Prices and Heterogeneous Search Costs. ABSTRACT:...

Can I Get a Ticket for Driving Without Glasses?

Read the third line from the bottom ... C, F, D, T. Did you pass the vision test when you got your driver's license? Do you have 20/20 vision? If you need prescription glasses or contact lenses, you probably...

20150721 - Capitol Police Search Powers Provoke Constitutional Concerns

Capitol Police Search Powers Provoke Constitutional Concerns July 21, 2015 by Hannah Hess, Roll Call 2015-07-21

Ten Years of Commitment Decisions Under Article 9 of Regulation 1/2003: Too Much of a Good Thing?

Wouter P. J. Wils, King's College London; European Commission asks Ten Years of Commitment Decisions Under Article 9 of Regulation 1/2003: Too Much of a Good Thing? ABSTRACT: Article 9 of Regulation 1/2003 created a new mechanism, allowing the European...

20150721 - Liberia: 'Public Defenders Decry 'Extreme' Working Conditions

Liberia: 'Public Defenders Decry 'Extreme' Working Conditions July 20, 2015 by George J. Borteh, AllAfrica 2015-07-20

Vertical Effects in Competition Law and Regulatory Decisions in Pay-Television: France, the United Kingdom and the United States

Agustin Diaz Pines, Ecole Polytechnique, Centre de Recherche en Gestion; OECD and Yuri Biondi, French National Center for Scientific Research (CNRS) describe Vertical Effects in Competition Law and Regulatory Decisions in Pay-Television: France, the United Kingdom and the United States....

20150721 - Video: Does US criminal justice system unfairly target poor, minorities?

Does US criminal justice system unfairly target poor, minorities? July 19, 2015 Third Rail, Al Jazeera America 2015-07-19

Antitrust Developments in Food and Pharma

John M. Connor, Purdue University; American Antitrust Institute (AAI) discusses Antitrust Developments in Food and Pharma. ABSTRACT: Closing the loopholes of downstream application of the Capper-Volstead exemption in the food system and pay-for-delay in pharmaceuticals is an important advance in...

20150721 - Republican showdown over fate of GuantƔnamo

Republican showdown over fate of Guantánamo July 20, 2015 by Austin Wright and Jeremy Herb, Politico 2015-07-20

20150721 - The criminalization of poverty: Houston police arrest mother after she goes to a job interview

The criminalization of poverty: Houston police arrest mother after she goes to a job interview July 20, 2015 by Radley Balko, The Watch 2015-07-20

20150721 - ‘Much too early’ to call jail-cell hanging death of Sandra Bland suicide, DA says

‘Much too early’ to call jail-cell hanging death of Sandra Bland suicide, DA says July 21, 2015 by Abby Ohlheiser, Washington Post 2015-07-21

20150721 - Sidebar: Supreme Court’s Unsigned Rulings Show a Narrow View of Prisoners’ Rights

Sidebar: Supreme Court’s Unsigned Rulings Show a Narrow View of Prisoners’ Rights July 20, 2015 by Adam Liptak, New York Times 2015-07-20

20150721 - Federal Appeals Court in New York to Clarify When Seizures of Computers are Unconstitutional

Federal Appeals Court in New York to Clarify When Seizures of Computers are Unconstitutional July 20, 2015 by Ramsay C. McCullough, National Law Review 2015-07-20

20150721 - Fourth Circuit Rejects 'Advice of Counsel' Defense

Fourth Circuit Rejects 'Advice of Counsel' Defense July 20, 2015 by Michael W. Peregrine and T. Reed Stephens, Corporate Counsel 2015-07-20

20150721 - Trial Starts in Sanctioned Facebook Judge's Appeal

Trial Starts in Sanctioned Facebook Judge's Appeal July 20, 2015 by Angela Morris, Texas Lawyer 2015-07-20

20150720 - Missouri could face legal challenge for shortfalls in public defender system

Missouri could face legal challenge for shortfalls in public defender system July 19, 2015 by Dave Helling, Kansas City Star 2015-07-19

20150720 - ‘There's No Real Fight Against Drugs’

‘There's No Real Fight Against Drugs’ July 20, 2015 by Ginger Thompson, The Atlantic 2015-07-20

20150720 - How many Maryland prisoners are in isolated confinement? It’s hard to say.

How many Maryland prisoners are in isolated confinement? It’s hard to say. July 19, 2015 by Elizabeth Koh, Washington Post 2015-07-19

20150720 - Nine minutes of obfuscation

Nine minutes of obfuscation July 19, 2015 Editorial Board, Washington Post 2015-07-19

Tuesday, July 21, 2015

20150721 - Justices: Dropped 911 Call Could Justify Warrantless Search

Justices: Dropped 911 Call Could Justify Warrantless Search July 20, 2015 by Michael Booth, New Jersey Law Journal 2015-07-20

Merger Control in Times of Financial Crisis: An Expedient Instrument to Heal the Fledgling Economy or an Object of Abuse?

Kalpana Tyagi, Max Planck Institute for Innovation and Competition asks Merger Control in Times of Financial Crisis: An Expedient Instrument to Heal the Fledgling Economy or an Object of Abuse? ABSTRACT: In times of crisis, there is reduced demand for...

20150721 - Gun-Firing Drone Subject of Federal Investigation

Gun-Firing Drone Subject of Federal Investigation July 21, 2015 by David Kerley, ABC News 2015-07-21

20150721 - Drug inmate left off Obama's clemency list: life sentence is 'slow death penalty'

Drug inmate left off Obama's clemency list: life sentence is 'slow death penalty' July 21, 2015 by Alan Yuhas, The Guardian 2015-07-21

Access to File for Damage Claimants in Competition Law Cases (Austria)

Florian Neumayr and Sarah Baumgartner, both bpv Hugel Rechtsanwalte OG, discuss Access to File for Damage Claimants in Competition Law Cases (Austria). ABSTRACT: Under European competition law, claiming for damages after an infringement of competition rules must not be made...

20150721 - Waco Is Suppressing Evidence That Could Clear Innocent Bikers

Waco Is Suppressing Evidence That Could Clear Innocent Bikers July 21, 2015 by Conor Friedersdorf, The Atlantic 2015-07-21

First Ever State Aid Sector Investigation: Electricity Producers Targeted by the European Commission

Philip Torbol and Alessandro Di Mario, both K&L Gates, describe the First Ever State Aid Sector Investigation: Electricity Producers Targeted by the European Commission. ABSTRACT: On 29 April 2015, the European Commission (‘Commission’) launched its first ever sector inquiry under...

Monday, July 20, 2015

Alito: Gay-marriage ruling pushes limits on constitutional protection of liberty

The U.S. Supreme Court had adopted a “postmodern” idea of liberty under the 14th Amendment’s due process clause, Justice Samuel Alito recently said, and there…

Effects of Incarceration: Impact on Children With Incarcerated Parent

There were 2.2 million American in jail or in prison in 2013. That's a lot of people. It's not surprising that the effects of incarceration would be felt by the children of the parents locked up behind bars. According...

My competition philosophy - comments on Vestager

Commissioner Vestager has a new op-ed on My competition philosophy In Europe, companies must play by Europe’s rules. Some choice passages: I find it only natural that competition policy is political: protecting consumers, creating jobs, and promoting economic growth is...

20150720 - Defending the mentally ill: Balancing the scales

Defending the mentally ill: Balancing the scales July 19, 2015 by Jessica Prokop, The Columbian 2015-07-19

Sunday, July 19, 2015

Analyzing Robinson-Patman

D. Daniel Sokol, University of Florida, has a new paper on Analyzing Robinson-Patman. Abstract: The Robinson-Patman Act protects inefficient competitors rather than consumers. The possibility of a suit brought under Robinson-Patman increases the costs of efficient competitors. As such, Robinson-Patman...

Saturday, July 18, 2015

EEOC suit claims United Parcel Service’s appearance policy violates workers’ religious rights

The U.S Equal Employment Opportunity Commission has sued the United Parcel Service for allegedly violating the religious rights of workers and job applicants whose appearance…

Was Your Privacy Compromised by the OPM Hack?

The recent hack of the Office of Personnel Management exposed the personal information of some 21.5 million people. That's almost 15 percent of the country. So understandably, it may take some time to notify all those people. Could you...

When Is the Right Time to Make it Official?

Dating after a divorce is never easy. I am by no means an expert on what to do, but I have become some sort of expert on what not to do. I can laugh at my own mistakes and shake my head at some of the things I have done and have had done to me during this crazy experience. I've remained hopeful and optimistic and not allowed the "did that just happen" moments discourage me. There is one issue of the dating experience though that really stands out to me, and has caused me to pause. That issue is labeling.

The terms "girlfriend" and "boyfriend" were thrown around in younger years as terms that simply meant that two people had decided they didn't want to date anyone else; the equivalent to "going steady," if you will. However now those labels are so very sticky they become the elephant in the room of a relationship. Some people need those labels to feel secure, almost as if it makes them marked territory and solidifies their stats as belonging to another person. Other people hear those labels and run for the hills because of the simple uncertainty of exactly what they mean. Then there's people like me who genuinely don't care, I would much rather put the emphasis on the actual relationship opposed to what it is labeled. Society has become so obsessed with labeling relationships that it now causes undo pressure to make things "official." Is it going to make you care more or less about the other person because you've made it social media official?

The next question I have is when is the appropriate time to make it official by society's standards? By that I mean -- if it's too soon after you've met someone new, those annoying "everyone" people we all have think you are taking things too quickly and respond with "be careful and don't jump in." On the transverse, if things don't progress by some unwritten and unknown timeline then the warnings come in from those same "everyone" people of "Why isn't it official? Why are you hiding if it really is a good thing? Why won't you make it official"? What does "official" mean? Where is this magical timeline? I've never seen it, so I can't even begin to answer what is too quick or too slow and how to gage the in between of when two people officially make their relationship "official"?

What I do know is that I have done both, and neither worked. I rushed into relationships and fallen to the pressure of making some big formal announcement that "we are officially together" and that relationship ended just a few weeks later, forcing me then to go through the embarrassment of wow... that was quick. I have also bit my lip and waited for the timing to be right putting my own feelings at bay in order to not scare away the other person, only to find out six months later he just wasn't that into me and never would be.

I think the answer lies in each and every person on this earth is different, therefore each and every relationship is different. You can't compare past to present, and your "everyone" people can't compare their relationships and needs to your own. You have to listen to your heart and brain separately and then communicate with the other person; who is also listening to their brain and heart and find the right time when you both are comfortable. The label and when "making it official" happens can't be at the forefront of the relationship. Communication has to be in that spot. Granted, it's an awkward conversation to have, and yes. I have been guilty of putting off the conversation simply out of the fear of scaring the other person away. The fact is, without that conversation you don't know if you and the other person are even in the same book, let alone on the same page if that book. It's a vital conversation to have when you feel the need. Keyword there is feel.

My advice is just let it happen. Date. Take your time or jump right in head first. Follow your own feelings and don't let your "everyone" people look down their noses at you with their "I'm only asking out of love" comments. It's not their relationship and it's none of their business what you and your partner have chosen to label it. Instead, when you are put in that situation, simply look at them and say yes. I am happy. If that isn't enough to keep societies label police at bay I don't know what could be.

For those of you who are "everyone" people, please take the following into consideration. When you make negative comments out of love, they are still negative comments and do nothing to help or promote love. If you look at a friend or family member who is dating and you can clearly see they are happy and secure, why would you want to taint that with your own personal opinions of defining labels and what your own timeline is? Don't be one of those "everyone" people. Think about how your comments and judgments can make your loved one feel. Put yourself in their shoes and hear those words, if they don't promote the happiness your loved one feels, then you've probably chosen the wrong words to say. Instead, be supportive even when you don't agree, after all... it's not your label.

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Vertical Issues Arising from Conduct between Large Supermarkets and Small Suppliers in the Grocery Market: Law and Industry Codes of Conduct

Barbora Jedlickova examines Vertical Issues Arising from Conduct between Large Supermarkets and Small Suppliers in the Grocery Market: Law and Industry Codes of Conduct. ABSTRACT: The grocery retail market is often recognised as problematic, with governments facing complaints from small...

20150717 - Hey Obama, time to #banthebox

Hey Obama, time to #banthebox July 16, 2015 by Christine Owens and Nayantara Mehta, CNBC 2015-07-16

Bobby Flay And Stephanie March Have Settled Their Divorce


Bobby Flay and Stephanie March have finally settled their divorce.


The two confirmed the news to People magazine on Friday. "We have come to an amicable divorce settlement," they said in a joint statement. "We look forward to putting this difficult time behind us and we ask that you respect our privacy as we move forward."


The chef and actress split in April after 10 years of marriage, but interactions have hardly been cordial, according to the press. In May, the former "Law & Order: SVU" star reportedly challenged an infidelity clause in the couple's prenup, claiming that Flay allegedly cheated on her with three women, including actress January Jones.


The news of the allegations managed to go beyond the headlines and make their way over Flay's head, quite literally. When the chef received his Hollywood Walk of Fame star last month, a banner emblazoned with the word "CHEATER" flew overhead. March's reps, though, claimed she had no involvement with the stunt.


For more, head to TMZ and People.


Also on HuffPost:


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20150717 - In Court, Your Face Could Determine Your Fate

In Court, Your Face Could Determine Your Fate July 17, 2015 by Nadia Whitehead, NPR 2015-07-17

9 Must-Read Parenting Tips From Long-Time Stepparents


As part of our Blended Family Friday series, each week we spotlight stepfamilies to learn how they've worked to bring their kids together. Our hope is that by telling their stories, we'll bring you closer to blended family bliss in your own life! Want to share your story? Email us at divorce@huffingtonpost.com


If you're a couple who's new to raising stepkids, you'll quickly realize that the task is pretty much like parenting on steroids. 


To help you get through some of the initial hiccups of blended family life, we called on HuffPost Divorce bloggers and our Facebook community to share their tried-and-true advice. See what they had to say below, then add your best advice in the comments. 


 1. Don't suggest that your step-kids "just call you dad" or their "bonus mom."


"Don't ever insist that they have to call you mom/dad. They may choose to, they may not, but don't ever insist. " -- Becca Ross  


2. Educate yourself.


"When you marry someone with kids, love isn’t enough. Stepfamily life is riddled with challenges that first marriages don’t face, but couples that educate themselves about stepfamily dynamics can increase their chances of succeeding -- and beating the odds!" -- Brenda Ockun


3. Let your spouse and their ex take the lead on discipline.


"Let the bio-parents discipline their children. Do not cross that boundary. I've learned from thirty years of experience that doing so can be a disaster." -- Bleakney Ray


4. Expect curveballs. 


"Learn to adapt, be willing to be flexible and be respectful to each other. Easier said than done, but your kid(s) deserve that kind of maturity out of their parents." -- Amy Kristine 

 

5. Know that the kids will almost certainly play favorites...


"Try not to take it personally when your stepchild 'favors' their real parent over you.  -- Kerri Mingoia 

 

6. ...And that it's going to take time for bonds to form.
"Too often, stepparents don't have the benefit of a history with a child from a young age. There's been no opportunity to bond or gain trust -- and yet you're expected to love a stepchild immediately as if they are our own. Just as it takes time to create loving adult relationships and friendships, it takes time to feel emotionally connected to a child."  -- Shelley Wetton


7. When home life gets stressful, take things in stride. 


"Forgive. Respect. Accept. Relax." -- Katy Tyler 


8. You'll feel like an outsider in your own home at times.


"It's completely normal to feel that way. After all, you’re an outsider joining an already-formed family -- even if they move into your home. A lot of this is unintentional, but kids automatically go to their parent. You might be sitting right next to your partner and they won’t address you, often leaving you out of the conversation." -- Jenna Korf


9. Know that your patience will ultimately pay off. 


"Be patient. No one tells you just how fulfilled and loved you feel when your step-kids tell you that they love you or call you dad or mom after you do something to support them. You never asked or expected them to give it but their love fills a void in your life." --  Nicholas Golden 


Related on HuffPost:



Keep in touch! Check out HuffPost Divorce on Facebook.

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20150717 - The U.S. locks up way too many people. That could change.

The U.S. locks up way too many people. That could change. July 16, 2015 by Editorial Board, Washington Post 2015-07-16

Kris Jenner Calls Caitlyn Jenner's ESPYs Speech 'Amazing And Very Brave'



Kris Jenner wasn't at the ESPY Awards on Wednesday when Caitlyn Jenner accepted the Arthur Ashe Courage Award, but she only had nice things to say about her ex's speech. 


"I think it was amazing and very brave," Kris told Us Weekly on Thursday at the Amazon Summer Soiree in Los Angeles. "I think she looked beautiful."


The 65-year-old former Olympian gave an emotional and inspiring speech in front some of country's top professional athletes and her entire family. 


"Trans people deserve something vital. They deserve your respect," she said. "And from that respect comes a more compassionate community, a more empathetic society and a better world for all of us."


The former athlete first came out as transgender in an interview with Diane Sawyer in April and formally introduced herself as Caitlyn to the world this past June with a 22-page Vanity Fair cover story.


After learning that her ex was planning to transition, Kris admitted that she felt as though she had to "mourn" the person she was married to for more than two decades. Since then, the reality star has been publicly supportive of Caitlyn and her journey.  


In June, the 59-year-old finally opened up about her ex's Vanity Fair cover telling Extra, "I think it's amazing. I think that someone following their dream is truly inspirational to a lot of people ... you have to do what makes you happy."


She went on to add that the cover is "beautiful."


Also on HuffPost:


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20150717 - You Just Got Out of Prison. Now What?

You Just Got Out of Prison. Now What? July 16, 2015 by Jon Mooallem, New York Times Magazine 2015-07-16

20150717 - Obama, in Oklahoma, Takes Reform Message to the Prison Cell Block

Obama, in Oklahoma, Takes Reform Message to the Prison Cell Block July 16, 2015 by Peter Baker, New York Times 2015-07-16

Friday, July 17, 2015

20150717 - Get Rid of Deferred Prosecution Agreements

Get Rid of Deferred Prosecution Agreements July 16, 2015 Corporate Crime Reporter 2015-07-16

Antitrust in Distribution and Franchising

Steve Cernak (Schiff Harden) has an excellent new book geared towards practitioners - Antitrust in Distribution and Franchising. His is the first book launched from a new LEXISNEXIS ANTITRUST LAW & STRATEGY SERIES for which I serve as the consulting...

Getting Married Past This Age Increases Your Risk Of Divorce, Research Suggests


 Want to get married and stay married? Don't rush to get hitched when you're young -- but don't wait too long, either. Once you're past your early 30s, the risk of divorce starts to creep up again, according to new analysis. 


Nicholas Wolfinger, a sociologist at the University of Utah, looked at data from the National Survey of Family Growth and found that while the risk of divorce declines steadily from your teens into your late 20s -- it starts to rise again somewhere in your 30s


Once you reach the age of 32, the odds of getting a divorce increase by 5 percent each year


As Wolfinger breaks it down on the Institute For Family Studies blog, "Those who tie the knot after their early thirties are now more likely to divorce than those who marry in their late 20s." 


Wolfinger writes that it's "no mystery" why those who marry as teens face a higher risk of divorce: most of us don't have the coping skills or maturity to deal with marriage in our teens or early 20s, he suggests -- and marrying young correlates with lower educational attainment, which increases the risk for divorce regardless of age


But why does waiting until you're well into your 30s increase the odds? Shouldn't you be better equipped to handle the stresses of marriage the older you get? 


The researcher isn't entirely sure but suggests it might have something to do with what he calls the "selection effect": those who wait to wed may be the type of people who just aren't cut out for marriage. Ouch


"They delay marriage, often because they can’t find anyone willing to marry them," Wolfinger explains in his blog. "When they do tie the knot, their marriages are automatically at high risk for divorce. More generally, perhaps people who marry later face a pool of potential spouses that has been winnowed down to exclude the individuals most predisposed to succeed at matrimony" 


The Huffington Post reached out to Wolfinger for comment but he did not reply by the time of publication. 


For those of you suddenly feeling like you just. can't. win regardless of when you decide to marry, take heart: This is just a statistical analysis based on general trends and may not reflect your personal experience. And overall, the divorce rate in the U.S. continues to drop from its peak in the late 1970s and early 1980s. Phew. 


For more on Wolfinger's analysis, head here. 


 Keep in touch! Check out HuffPost Divorce on Facebook.


 



 


 


 

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Can I Sue for Being Overworked?

You’re lucky if you work 40 hours per week. Many other employees work 50, 60, or even 70 hours per week. Constantly working too many hours can have serious negative impact on your health, your state of mind, and even...

Deactivating Actavis: The Clash between the Supreme Court and (Some) Lower Courts

Joshua P. Davis, University of San Francisco - School of Law and Ryan J. McEwan, Joseph Saveri Law Firm describe Deactivating Actavis: The Clash between the Supreme Court and (Some) Lower Courts. ABSTRACT: Numerous trial courts have misinterpreted the Supreme...

20150717 - In capital-punishment cases, a life-and-death struggle to get it right: Susan Shelley

In capital-punishment cases, a life-and-death struggle to get it right: Susan Shelley July 16, 2015 by Susan Shelley, Los Angeles Daily News 2015-07-16

Why YOU, Not a Judge, Should Resolve Child-Related Disputes

Family-focused divorce attorney Larry Sarezky is passionate about keeping parents out of court when handling disputes over child custody. Based on decades of experience Larry knows that long-term outcomes work out better when the decisions are made by the parents themselves rather than left to the legal system.

Most parents continue to co-parent their children after divorce. Except for circumstances where children are at risk, Larry strongly emphasizes that parents have the responsibility to put the their children first by working out a parenting plan that is in the children's best interests.

Larry's message: If you are unable to resolve children's issues with your co-parent, a judge will. There are some very good reasons to avoid that:

• The custody evaluation process can humiliate, frighten and compromise your children, and cause them enduring emotional harm.
• Custody cases are tremendously expensive. Parents must not only pay their own lawyers, but they may also have to pay attorneys to represent their children and/or guardians ad litem who are appointed in custody cases for children who are too young to express their feelings and preferences.
• Trial outcomes are difficult to predict.
• A judge's orders after trial rarely contain the crucial details that parents need in their agreements.
• Your inability to make decisions regarding your children leaves them with a poor parenting model.

A high conflict divorce all but destroys the chances for a constructive co-parenting relationship after the divorce. Spare your children the ordeal of the court custody evaluation process and a prolonged divorce case that mires them in anxiety and uncertainty. You can accomplish that by dealing with child-related issues in a mindful, productive way, as follows:

• Agreeing with your spouse on a Parenting Goal Statement that memorializes your common beliefs and goals regarding dealing with the children during the divorce
• Communicating clearly with your spouse about the kids, and confirming important communications in writing
• Seeking advice from a child therapist or divorce coach regarding child-related issues
• Using a mediator, including those available through court systems at little or no cost, to help you resolve child-related matters as soon as possible
• Maintaining as much of the children's routine as possible
• Telling your lawyer that you want to resolve any outstanding child-related issues at the very first opportunity.

Divorce challenges parents to overcome obstacles and make sound decisions regarding their children. Parents able to do that offer their children a wonderful parenting model. Parents who can't, allow life-altering decisions regarding their children to be made by a stranger.

The Child-Centered Divorce Network strongly endorses Larry's message as well as his new Telly Award-winning film, Talk To Strangers. The film dramatically makes the point that children pay a high price when parents choose the courts to make custody decisions. Visit www.ChildCustodyFilm.com to learn more about protecting children during divorce, and to preview the film.

The Child-Centered Divorce Network resources include a free ebook on Post-Divorce Parenting which is available at www.ChildCenteredDivorce.com.

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De Minimis

Florian Wagner-von Papp, University College London Faculty of Laws examines De Minimis. ABSTRACT: This short article summarizes recent developments on the de minimis exception in EU competition law and the competition law of the Member States. Most of the article...

20150717 - Reforms Urged In Nebraska Police Lineup Procedures

Reforms Urged In Nebraska Police Lineup Procedures July 15, 2015 by Bill Kelly, NET News 2015-07-15

Thursday, July 16, 2015

The Economic Characteristics of Developing Jurisdictions Their Implications for Competition Law

Michal S. Gal, University of Haifa School of Law, Israel, Mor Bakhoum, Max Planck Institute for Innovation and Competition, Josef Drexl, Director, Max Planck Institute for Innovation and Competition, Munich, Germany, Eleanor M. Fox, New York University School of Law,...

Life After Divorce Lies On The Other Side Of Fear

2015-07-09-1436470617-5279687-Stevenandmedesertyellowtop.jpg
Twelve years ago I was broken. I had just ended a 29-year marriage, sent my only kid off to college, and was left broke and unemployed, left with the cats and the dog to feed. Not exactly my life plan. I was alone for the first time in my life and filled with fear.

I sold the big house on the hill and started a new life in the city in a cute little condo that was to be my healing place. I traded the country club membership for a job and sold my Mercedes-Benz and bought a used BMW. I penned my book, "Single Past 50 Now What?" and was thrilled when it was published. I moved on with my life as best I could.

It took two years before I dated again. Broken hearts bring with them broken lives and battered self-esteem. It took time to mend, heal and get my head together.

When I did, I went about the business of rebuilding. The friendships I was graced with became lifetime alliances. Life was good again and I had learned how to sleep alone. A triumph of epic proportions.

I dated happily and smartly, laughed a lot and felt comfortable in my skin again. Everything in my world was just as I wanted it. Everything.

That's about the time I received an email from an old high school friend of mine, a wonderful young man named Steven. We had been hangout buddies 40 years ago. I responded to his email and the conversations began.

We talked and it was as comfortable as ever. Much to my surprise I discovered that he had a crush on me back in the day (who knew?!). As the conversation unfolded he disclosed that he never married. He later shared that he had been waiting for me ... all these years.

Who does that? He did.

We began long-distance phone dating (a lot more exciting than it sounds) for three months. The time came to meet in person (can we say "nerve wracking"?). I flew back home to L.A. and reacquainted myself with the man who was one of my favorite people in years gone by.

The next year and a half was filled with twice-a-month visits from Steven. Southwest Airlines loved us, as he booked his fares from L.A. to Denver months in advance. Even in record breaking snow storms, the man never missed a weekend. At the end of those months together, it was time for a commitment.

It wasn't long before I followed this man across the country, with everything I owned in tow. I was about to take a second chance on love. If you knew me at all, you would know that I'm the LAST person to ever follow a man anywhere.

Despite my fear and my doubt, he was the risk my gut was telling me to take.

Here's the thing, when I find myself sitting on my front porch in my rocking chair at the ripe old age of 93, I'd much rather scold myself for making a bad decision than simmer in regret for something I didn't have the courage to try.

The truth is, life offers no guarantees. Risk is part of the bargain. Knowing when to jump in or run from, is a crucial life skill. If there is anything I know for certain, it's that nothing is for certain.

My life has always been about going beyond my imagination. Trying things I knew I had little chance succeeding at. Risking failure for a chance at success. Happiness, I have found, is less about the destination and much more about the pursuit.

We've been together six years now. A lot of growth, love and learning. We are buying a house together and settling in for a little something called the rest of our lives. All this time my life was waiting for my courage to catch up.

I love this man. He is everything I deserve. He is my gift, my light and my comfort. It will be my honor to marry him, despite my previous conviction that I would never marry again.

This is what I've learned and want to share with you: Happiness can always be found on the other side of fear.

Earlier on Huff/Post50:



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20150716 - Obama Presidential Pardons Build on Associations' Work

Obama Presidential Pardons Build on Associations' Work July 15, 2015 by Ernie Smith, Associations Now 2015-07-15

Wednesday, July 15, 2015

What If I Can't Pay My Student Loans?

The accumulated student loan debt for all Americans is nearly $1.3 trillion, and rising by the second. And these aren't just people seeking advanced degrees like law and medicine -- some 40 million Americans have some student debt. For...

Ex-SS guard guilty as accessory to 300K murders in Auschwitz death camp during WWII, gets 4 years

A former SS officer who worked for the Nazis in an administrative job at the notorious Auschwitz death camp in German-occupied Poland during World War…

20150715 - After drone diverts fire-fighting planes, lawmakers want fines and jail time

After drone diverts fire-fighting planes, lawmakers want fines and jail time July 13, 2015 by Megan Geuss, Ars Technica 2015-07-13

Tuesday, July 14, 2015

Whoopi Goldberg learns of statute of limitations in Cosby cases, asks TV viewers to lobby lawmakers

One of Bill Cosby’s staunchest supporters, as some two dozen women recently came forward with public accusations of long-ago rape and assault, is now backtracking.

5 Things You Need to Know About Checking Into a Hospital

When checking into a hospital, legal concerns are often the last things on your mind. But as it turns out, there are quite a few legal questions you should be aware of if you’re checking into a hospital. Here’s what...

20150714 - What Federal Prisoners Are Saying About President Obama Freeing Nonviolent Drug Offenders

What Federal Prisoners Are Saying About President Obama Freeing Nonviolent Drug Offenders July 13, 2015 by Seth Ferranti, VICE 2015-07-13

China detains or queries 100 lawyers, activists and others in sweep targeting human rights law firms

An unprecedented crackdown focused on one of China’s most prominent human rights lawyers and her firm has resulted in the arrest and/or questioning of over…

Where to Find Up-To-Date Legal Forms

While we recommend that you have an attorney help you with legal filings, we do recognize that there are times when you may be able to complete some legal forms yourself. For most motions, complaints, and pleadings, you no...

20150713 - Incarceration, Education, Emancipation

Incarceration, Education, Emancipation July 13, 2015 by Eric Anthamatten, The Atlantic 2015-07-13

Saturday, July 11, 2015

If I Find a Phone, Can I Keep It?

Welcome to the new FindLaw series, "If I Find," where we'll discuss the rule of finders keepers as it applies to different topics. We hope you'll check back regularly! If you've ever lost a cell phone, raise your hand. I...

Thursday, July 9, 2015

Impassioned speech by lawyer opposing Confederate flag rocked South Carolina House

Updated: After more than 13 hours of debate, the South Carolina House approved a bill early Thursday to remove the Confederate flag from the…

What Is Vaccine Injury Compensation?

As the vaccine debate seems to have hit a fever pitch in the past couple years, it's actually been an ongoing national conversation since the 70's and 80's. In fact, there was so much litigation surrounding claims of vaccine...

20150709 - Predicting Predictive Policing in NYC

Predicting Predictive Policing in NYC July 8, 2015 by Andrew Guthrie Ferguson, Huffington Post 2015-07-08

Disneyland: 60 Years of Lawsuits

This year, Disneyland is going all out for its Diamond celebration. While Disney was busy making kids' dreams come true for the past 60 years, it was also spending much of that time defending itself against one lawsuit after...

20150708 - New York City Introduces Bail Reform Plan for Low-Level Offenders

New York City Introduces Bail Reform Plan for Low-Level Offenders July 8, 2015 by Rick Rojas, New York Times 2015-07-08

Are Parents Liable for Children's Car Accidents?

Of all the things parents worry about when their kids take out the family car, civil liability is pretty far down the list. We just want our kids to come home safe. But if your child gets into an accident...

20150708 - 'Affirmative Consent' Will Make Rape Laws Worse

'Affirmative Consent' Will Make Rape Laws Worse July 1, 2015 by Megan McArdle, BloombergView 2015-07-01

20150708 - The SEC’s curious view of the Constitution and privacy rights

The SEC’s curious view of the Constitution and privacy rights July 8, 2015 by Lou Mejia, The Hill 2015-07-08

20150708 - Heroin Use Surges, Especially Among Women And Whites

Heroin Use Surges, Especially Among Women And Whites July 7, 2015 by Richard Harris, NPR 2015-07-07

20150708 - Tucson PD releases names of people possibly connected to prostitutes — after removing those who happen to be cops

Tucson PD releases names of people possibly connected to prostitutes — after removing those who happen to be cops July 7, 2015 by Radley Balko, The Watch 2015-07-07

20150708 - Virginia needs to test its 2,369 rape kits

Virginia needs to test its 2,369 rape kits July 7, 2015 by Editorial Board, Washington Post 2015-07-07

20150708 - Cuomo to Appoint Special Prosecutor for Killings by Police

Cuomo to Appoint Special Prosecutor for Killings by Police July 7, 2015 by Noah Remnick, New York Times 2015-07-07

20150708 - Asset Forfeiture and the Sixth Amendment Right to Counsel of Choice: Should Crime Pay?

Asset Forfeiture and the Sixth Amendment Right to Counsel of Choice: Should Crime Pay? July 6, 2015 by Mahira Khan, Criminal Law Practitioner 2015-07-06

20150708 - New federal expungement filing raises stakes for DOJ

New federal expungement filing raises stakes for DOJ July 7, 2015 by Margaret Love, Collateral Consequences Resource Center 2015-07-07

20150708 - Wisconsin considering redacting youthful dismissed charges

Wisconsin considering redacting youthful dismissed charges July 4, 2015 by Michael Tobin, Collateral Consequences Resource Center 2015-07-04

20150708 - Man seeks exoneration in 1990 W.Va. slaying

Man seeks exoneration in 1990 W.Va. slaying July 7, 2015 by Matthew Umstead, Hagerstown Herald-Mail 2015-07-07

20150708 - A New Beginning for Criminal Justice Reform

A New Beginning for Criminal Justice Reform July 7, 2015 by Anthony Romero and Mark Holden, Politico Magazine 2015-07-07

20150708 - 'Dozens' of Commutations Are Good; 'Thousands' Would Be Better

'Dozens' of Commutations Are Good; 'Thousands' Would Be Better July 7, 2015 by Jacob Sullum, Reason 2015-07-07

Wednesday, July 8, 2015

20150708 - The Prosecutor Who Says Louisiana Should ‘Kill More People’

The Prosecutor Who Says Louisiana Should ‘Kill More People’ July 7, 2015 by Campbell Robertson, New York Times 2015-07-07

20150708 - What’s in a Prison Meal?

What’s in a Prison Meal? July 7, 2015 by Alysia Santo and Lisa Iaboni, The Marshall Project 2015-07-07

Shark Week: What Makes Your Lawyer a Shark?

As we noted yesterday, lawyers have long been associated with sharks. From Herman Melville to CBS, referring to attorneys as sharks has a long and storied tradition. In honor of shark week, let's take a look at how you can...

20150707 - How Data From Wearable Tech Can Be Used Against You In A Court Of Law

How Data From Wearable Tech Can Be Used Against You In A Court Of Law June 30, 2015 by Alexander Howard, Huffington Post Blog 2015-06-30

20150707 - Will the Coming 'Internet of Things' Mean the Death of Privacy?

Will the Coming 'Internet of Things' Mean the Death of Privacy? June 30, 2015 by Vivek Wadhwa, Huffington Post Blog 2015-06-30

20150707 - Feinstein facing pressure over marijuana reform

Feinstein facing pressure over marijuana reform July 6, 2015 by Tim Devaney, The Hill 2015-07-06

20150707 - Sex Offender Registries And Calls For Reform

Sex Offender Registries And Calls For Reform July 7, 2015 The Diane Rehm Show, WAMU 2015-07-07

20150707 - Code Specialists Oppose U.S. and British Government Access to Encrypted Communication

Code Specialists Oppose U.S. and British Government Access to Encrypted Communication July 7, 2015 by Nicole Perlroth, New York Times 2015-07-07

20150707 - Is the Death Penalty Unconstitutional?

Is the Death Penalty Unconstitutional? July 7, 2015 by William Baude, New York Times 2015-07-07

20150707 - A Study Documents the Paucity of Black Elected Prosecutors: Zero in Most States

A Study Documents the Paucity of Black Elected Prosecutors: Zero in Most States July 7, 2015 by Nicholas Fandos, New York Times 2015-07-07

20150707 - The USA Freedom Act and Fourth Amendment Jurisprudence

The USA Freedom Act and Fourth Amendment Jurisprudence July 7, 2015 by Leonard Deutchman, The Legal Intelligencer 2015-07-07

20150707 - What Broader Clemency Means For Obama's Legacy

What Broader Clemency Means For Obama's Legacy July 6, 2015 HuffPost Live 2015-07-06

20150707 - The Senate's experiment with cannabis

The Senate's experiment with cannabis July 6, 2015 by Darren Samuelsohn, Politico 2015-07-06

20150707 - Asset-Forfeiture Laws Raise Concerns

Asset-Forfeiture Laws Raise Concerns July 5, 2015 by Dan Frosch, Wall Street Journal 2015-07-05

20150707 - Drone hunts down suspect in car theft and robbery

Drone hunts down suspect in car theft and robbery July 2, 2015 by Sean Gallagher, ars technica 2015-07-02

20150707 - Washington brought in $70M in taxes on legal pot in one year

Washington brought in $70M in taxes on legal pot in one year July 4, 2015 by Mark Hensch, The Hill 2015-07-04

20150707 - Lawmakers want Internet sites to flag ‘terrorist activity’ to law enforcement

Lawmakers want Internet sites to flag ‘terrorist activity’ to law enforcement July 4, 2015 by Ellen Nakashima, Washington Post 2015-07-04

20150707 - Teenager’s Jailing Brings a Call to Fix Sex Offender Registries

Teenager’s Jailing Brings a Call to Fix Sex Offender Registries July 4, 2015 by Julie Bosman, New York Times 2015-07-04

20150707 - Obama Plans Broader Use of Clemency to Free Nonviolent Drug Offenders

Obama Plans Broader Use of Clemency to Free Nonviolent Drug Offenders July 3, 2015 by Peter Baker, New York Times 2015-07-03

20150707 - State chemist may have affected more drug cases than previously known

State chemist may have affected more drug cases than previously known June 2, 2015 by Evan Allen and John Ellement, Boston Globe 2015-07-02

Tuesday, July 7, 2015

How Does A Sanctuary City Protect Undocumented Immigrants?

Sanctuary. What does that mean to you? For many undocumented immigrants, sanctuary means being able to go to work or school or just the DMV without the constant fear of being reported to the U.S. Department of Homeland Security's...

20150707 - Editorial: Without a robust defense, defendants face no justice

Editorial: Without a robust defense, defendants face no justice July 6, 2015 Salt Lake Tribune 2015-07-06

20150707 - Jury’s out on Salt Lake County’s defense of the indigent

Jury’s out on Salt Lake County’s defense of the indigent July 6, 2015 by Mike Gorrell, Salt Lake Tribune 2015-07-06

20150707 - Editorial: U.S. should follow Illinois, abolish death penalty

Editorial: U.S. should follow Illinois, abolish death penalty July 5, 2015 Chicago Sun-Times 2015-07-05

Legal Shark Week: Avoid Loan Sharks!

It's Shark Week both on the Discovery Channel, and here at FindLaw! While many of will never see a shark in the sea, some of us will have to deal with a different kind of shark: loan sharks. Get...

Sunday, July 5, 2015

How to Modify a Loan Agreement

Are your loans getting too hard to pay? In certain instances, you can take advantage of the fact that loan agreements aren't set in stone. If you're in trouble and are unable to pay your loans, you may want...

20150701 - Capital Punishment Is Hard to Abolish. Pennsylvania’s Death Penalty Battle Shows Why.

Capital Punishment Is Hard to Abolish. Pennsylvania’s Death Penalty Battle Shows Why. June 29, 2015 by Tara Murtha, New Republic 2015-06-29

20150701 - What the Justice System Gets Wrong About Eyewitness Testimony

What the Justice System Gets Wrong About Eyewitness Testimony June 30, 2015 by Adam Benforado, New York Magazine 2015-06-30

20150701 - Justice Breyer v. The Death Penalty

Justice Breyer v. The Death Penalty June 30, 2015 by David Cole, The New Yorker 2015-06-30

20150701 - Infants And Inmates

Infants And Inmates July 1, 2015 On Point, WBUR 2015-07-01

20150701 - There’s nothing ‘enlightened’ about executing the innocent

There’s nothing ‘enlightened’ about executing the innocent June 30, 2015 by Radley Balko, The Watch 2015-06-30

20150701 - How The Washington Post is examining police shootings in the U.S.

How The Washington Post is examining police shootings in the U.S. June 30, 2015 Washington Post 2015-06-30

20150701 - Distraught People, Deadly Results

Distraught People, Deadly Results June 30, 2015 by Wesley Lowery, Kimberly Kindy, and Keith L. Alexander, Washington Post 2015-06-30

20150701 - Columbia Just Became the First US University to Divest From Private Prisons

Columbia Just Became the First US University to Divest From Private Prisons July 1, 2015 by Miles E. Johnson, Mother Jones 2015-07-01

20150701 - States Snub Execution Drug Approved by Supreme Court

States Snub Execution Drug Approved by Supreme Court June 30, 2015 by Manny Fernandez, New York Times 2015-06-30

20150701 - New Envoy for Prison Transfers

New Envoy for Prison Transfers June 30, 2015 by Charlie Savage, New York Times 2015-06-30

Friday, July 3, 2015

What is the most underrated law school? The answer may surprise you

A 30-page paper published online Sunday by a law professor at the University of North Carolina contains a lot of data and analysis.

But the…

Open Container Laws on the 4th of July

With the Fourth of July coming up, many police forces are warning drivers about DUIs and DUI checkpoints. However, this weekend, be careful. You could get ticketed for drinking alcohol without ever getting into a car. Depending on where...

Do Landlords Have to Accept Section 8?

If a prospective tenant asks, "Do you accept Section 8?" how do you respond? Can you say no, or must you always say yes? Some landlords like having Section 8 tenants because it's a guaranteed source of on-time rental...

20150702 - Global Compass: “Drugs: War or Store?”

Video - Global Compass: “Drugs: War or Store?” July 2, 2015 The Economist 2015-07-02

20150702 - After 13 Years of Hell, Human Held Without Charges Has One Question for US

After 13 Years of Hell, Human Held Without Charges Has One Question for US June 24, 2015 by Jon Queally, Common Dreams 2015-07-02

20150702 - En banc 2nd Circuit to clarify when computer seizures are unconstitutional

En banc 2nd Circuit to clarify when computer seizures are unconstitutional July 1, 2015 by Alison Frankel, Reuters 2015-07-01

20150702 - Recreational Marijuana Is Now Legal In Oregon

Recreational Marijuana Is Now Legal In Oregon July 1, 2015 by Lucy Perkins, NPR 2015-07-01

20150702 - Georgia Leads A Push To Help Ex-Prisoners Get Jobs

Georgia Leads A Push To Help Ex-Prisoners Get Jobs July 2, 2015 by Susanna Capelouto, NPR 2015-07-02

20150702 - How more female police officers would help stop police brutality

How more female police officers would help stop police brutality July 2, 2015 by Katherine Spillar, New York Times 2015-07-02

20150702 - Time for TV in the Supreme Court

Time for TV in the Supreme Court July 2, 2015 Editorial Board, New York Times 2015-07-02

20150702 - A Church of Cannabis Tests Limits of Religious Law in Indiana

A Church of Cannabis Tests Limits of Religious Law in Indiana July 1, 2015 by Monica Davey, New York Times 2015-07-01

20150702 - European Police to Target Islamist Radicals on Social Media Accounts

European Police to Target Islamist Radicals on Social Media Accounts July 1, 2015 by Steven Erlanger, New York Times 2015-07-01

Thursday, July 2, 2015

20150702 - California’s Jail-building Boom

California’s Jail-building Boom July 2, 2015 by Anat Rubin, The Marshall Project 2015-07-02

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