“No, You’re Still Deceased,” Judge Tells Dead Man
And under Ohio law, he was going to have to stay that way.
Lowering the Bar Exam Questions
Classifying a Killer Whale for Tax Purposes
That's the title of this short video (1:13) in which Professor Jeff Karlin of Golden Gate University explains that the IRS distinguishes between killer whales and great white sharks, although both are big giant swimming things that could potentially eat…
Can You Carpool With a Corporation?
No. On Monday, January 7, Jonathan Frieman will be paying $478 for the chance to test out his argument that if corporations are "people," he ought to be able to carpool with one. Actually, the $478 is how much he'll…
Further Analysis Regarding RUI (Riding Under the Influence)
Readers have raised some interesting questions about the RUI allegations in Kentucky, described in this earlier post. Mark T. asks, "I wonder if the Kentucky definition of 'vehicle' ["all agencies for the transportation of persons or property over or upon…
Don’t Ride Drunk in Kentucky
Guess I will create a new category for this topic, once I decide on a way to categorize it. "Things Not to Drive Drunk" doesn't seem right; you shouldn't drive anything drunk, or at least anything that goes faster than…
Reminder: Aspiring Lawyers Should Not Engage in Terrorism
I know bar-exam results don't come out until next month, but I'm going to go ahead and suggest that if you are now or have ever been a terrorist, you might want to make other plans anyway. The job market…
Further Analysis of the Bottle-Rocket Case
In which the facts of said case are analogized to Palsgraf v. Long Island Railroad.
Auto Insurer Won’t Cover Injury Caused by Dead Driver
Many have pondered the question, "If a tree falls in the forest and there's no one around to hear it, does it make a sound?" But few have pondered the equally stupid question: "If a car causes an injury but…
Court: No, One Person Can’t Be a “Partnership”
I’m a strong believer that in legal writing, an introduction should pretty much tell you everything you need to know. This one does. The parties to this appeal, a partnership dispute, agree on one issue. They want us to assume…
How Long Can Your Lawyer Nap Before It’s “Ineffective Assistance of Counsel”?
Answer: A lawyer is "effective" for this purpose as long as he or she is conscious for a "substantial portion" of trial. See, e.g., Muniz v. Smith, No. 09-2324 (6th Cir. July 29, 2011). To prove ineffective assistance, a defendant usually…