Freedom of Speech
Freedom of speech is the Constitutional right to communicate one’s opinions and ideas, using one’s body and property to anyone who is willing to receive them.
Stare Decisis – Precedent Is Binding For Thee But Not For Me
As the Senate considered the nomination of Judge Brett Kavanaugh to the Supreme Court, many were concerned that an apparently conservative judge replaced Justice Kennedy, who is considered a centrist “swing vote” on the Court. In particular, they accused Judge...
Is “Share This” an Enforceable Online Contract?
High Jackpot When the Powerball jackpot gets high, you see a rash of posts on social media offering to share a Powerball jackpot with anyone who “likes” or “shares” a post. Is such an offer is an enforceable online contract? The short answer is yes – if you can prove...
Classic Literature Edited?
“Please take it,” says I, “and don’t ask me nothing—then I won’t have to tell no lies.” –Huckleberry Finn You may have heard a major media frenzy awhile back over the decision by the “publisher” of Huckleberry...
What Kenny Rogers Can Teach Us About Contract Pitfalls
“Know when to hold them Know when to fold them Know when to walk away Know when to run” “The Gambler” When an entrepreneur enters into a contract with a larger entity, they are often presented with a contract that seems one-sided. Sometimes the...
5 Things You Should Know About Lawsuits
A lawsuit, otherwise known as litigation, is the process of getting a dispute resolved through the court system. It is the “default” system, meaning that unless the parties agree to resolve the dispute some other way, it will be resolved in court litigation. Here...
Beware of the Trademark Troll!
You may have heard of “patent trolls” and “copyright trolls.” Companies and law firms that send messages claiming violation of patents or copyrights – sometimes with little or no justification. They are trying to scare you into making a big payment to avoid...
Free Speech in Schools? Well…maybe…
Many people worry that they may be breaking a rule in their public school if their child carries a Bible in class, or wears a cross or Star of David. Today, we consider a recent decision on a related topic, free speech in schools. Day of Silence In 2011, the Federal...Independent Contractor or Employee – 8 Factors to Consider
“Benefits” of Having Independent Contractors Many business owners prefer to use independent contractors rather than hire employees. While on the surface, it may appear to be a great solution to avoid taxes, easier record keeping, no unemployment taxes or...