Tips for Setting Up Your Firm in The New China

This week, Peter A. Neumann, who recently assisted the U.S. based firm Greenberg Traurig in setting up its new Shanghai office, provided some incite into establishing a business in China at a Georgia Tech conference. Neumann, who has been living and working in China since 1993, had both words of caution and encouragement for those hoping to expand their company to this economic powerhouse. Here are some of Neumann's suggestions:

1. Keep abreast of China's market regulations, which are modified frequently.

2. Take your time in deciding to enter the Chinese market. Have a developed and in-depth understanding of the risks involved. Keep in mind that procuring the proper licenses and approvals can often be a frustrating process.

3. While China has opened up drastically in the last decade, some laws do favor Chinese companies and firms over their foreign counterparts.

Overall, Neumann stressed the amazing changes he has seen during his time in China, emphasizing that "China wants to be a world player and benefit from the world economy."

Click Here To share and discuss some tips of your own!

Millionaire's Amendment Goes Before the Supreme Court

This week the Supreme Court began hearing the oral argument for the case Davis v. Federal Election Commission, a case that may decide the constitutionality of the Millionaire's Amendment included in the McCain-Feingold Bipartisan Campaign Reform Act. This amendment, intended to level the playing field for races in which wealthy candidates make use of their own funds, loosens the restrictions on campaign financing for opponents to those who put $350,000 or more of their personal wealth towards their run for office.

The case was brought to the D.C. District Court by Jack Davis, who ran for a congressional district in New York in 2006. Davis alleged that the law violated the rights guaranteed in the "First Amendment by chilling the speech of self-financed candidates and the Equal Protection Clause of the Fifth Amendment by giving the opponents of self-financed candidates a competitive advantage."(Fastcase subscribers click for full case) The district ruled in favor of the FEC, finding no inherent threat in the amendment.

Judging from the first day of oral arguments, however, the Supreme Court justices appear divided over the issue. Chief Justice John Roberts stated that the Millionaire's amendment seems to lower restrictions in the campaign process, further protecting both opponents rights under the First Amendment. Justice Scalia, however, took issue with the idea of leveling the playing field, stating:

"What if one candidate is more eloquent than the other one? You make him talk with pebbles in his mouth?”

Let us know your thoughts on this issue in our forum.

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Lawdable Quotes: Edmund Burke

People crushed by laws, have no hope but to evade power. If the laws are their enemies, they will be enemies to the law; and those who have most to hope and nothing to lose will always be dangerous.

~ Edmund Burke

Lawdable Quotes: Martin Luther King, Jr.

Law and order exist for the purpose of establishing justice and when they fail in this purpose they become the dangerously structured dams that block the flow of social progress.

~ Martin Luther King, Jr.

Lawdable Quotes: Woodrow Wilson

What we seek is the reign of law, based upon the consent of the governed and sustained by the organized opinion of mankind.

-Woodrow Wilson

Supreme Court Grants Anti-Dumping Petition

The Supreme Court has granted a petition, signed by the Solicitor General and several high-profile lawyers in the US Departments of State, Commerce, and Energy, to review the US Court of Appeals for the Federal Circuit's decision United States v. Eurodif(Fastcase subscribers click for case). It will be the first ever anti-dumping case heard by the US Supreme Court. The controversial case deals with the import of low-enriched uranium (LEU); U.S. utilities send the the un-enriched uranium to the French company Eurodif, paying for the "service" of enrichment. The enriched uranium is then exported back into the U.S. as LEU. The circuit court ruled that the transaction involves a service rather than a product, rendering the import of LEU immune from the anti-dumping statutes.

Several officials were alarmed by the decision, which, according to Solicitor General Paul Clements, could create a "potentially gaping loophole" in the statute. Under the ruling, companies could restructure their purchases to act more like services to get around the anti-dumping laws. The sole U.S. enricher of uranium has also petitioned the court to hear the case, arguing that the resulting dumping could undercut its business.

Lawdable Quotes: Publilius Syrus

Pardon one offense and you encourage the commission of many.

~Publilius Syrus

Wikicrimes: The New Wave of Law Enforcement

A Brazilian professor has recently launched the newest effort to tackle his country's soaring crime rate: a website, dubbed "Wikicrimes," where victims may post the details of the crimes they have experienced, including the time, place, and profile of the attacker. The founder of Wikicrimes, Professor Vasco Furtada, hopes that his website will bring more awareness to the extremely high crime rate that Brazil suffers, while also empowering both victims and potential victims with information about crime patterns. Public opinion about Wikicrimes remains mixed. Some citizens believe that in a society where the police are sometimes corrupt or incompetent, Furtada's site offers a much needed outlet for victims to report their stories. Law enforcement officials, however, view the site as potentially harmful to investigations or police operations. One officer in Rio's Civil Police Department states in an article from the BBC:

"...we don't want a feeling of insecurity for the people - they don't deserve that here or anywhere else in the world."

Finally, homeowners in the neighborhoods for which the site shows many incidents have complained that Wikicrimes is painting an unfair picture of their community.

Would you like to see a site like Wikicrimes for the United States? Please comment below.

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Poll Results: How Often Do You Conduct Legal Research?

How Often Do You Conduct Legal Research?

From our poll it appears most of our readers conduct legal research daily. Laywers who conduct weekly legal research were tied with the individuals who don't even know how they came upon on blog.

Thanks to all who participated!

Bored In Class? For UC Law Students, No More Internet Diversions

The National Law Journal reports that Dean Saul Levmore of the University Chicago Law School has announced a policy of blocking internet use in classroom buildings. As he began to notice students surfing the web during class, Dean Levmore innocently requested that his students keep better focus. When he realized that he could simply block wireless access for the entire building, he ran with it, and has now made it a campus-wide policy. While some believe that the internet can be useful in the classroom (for example, to look up confusing legal jargon during a lecture), Levmore argues that blocking the internet is similar to banning cell phones in class, and will foster a more engaged academic environment. He has received multiple inquiries from fellow deans who would like to implement the policy on their own campuses.

University of Chicago News Release

Lawdable Quotes: Theodore Roosevelt

No man is above the law, and no man is below it.

~ Theodore Roosevelt

Lawdable Quotes: Mohandas Gandhi

There is an orderliness in the universe, there is an unalterable law governing everything and every being that exists or lives. It is no blind law; for no blind law can govern the conduct of living beings.

~ Mohandas Gandhi

Is The Fair and Accurate Credit Transaction Act A Lightning Rod For Class Act Lawsuits?

According to the Wall Street Journal Law Blog, around 300 class action lawsuits have been filed since the passage of the Fair and Accurate Credit Transaction Act (FACTA). However, several corporations have been challenging these suits, citing the "annihilation defense"; according to some of the defendants, the suits have put their businesses in serious peril. One such case is Soualian v. International Coffee and Teas, which is currently before the 9th Circuit Court of Appeals, in which class certification has been denied. The 7th Circuit Court of Appeals, however, has struck down the annihilation defense in the case Murry v. GMAC Mortgage Corp.(Fastcase users click to view case).

The ease with which a consumer can sue has been the main factor in the proliferation of these FACTA suits. FACTA prohibits companies from including unnecessary credit card information, such as an expiration date, on store receipts, as a protection against identify theft. You need not prove any injury as a victim of identify theft; produce a receipt in violation of FACTA, and you have grounds to sue.

What do you think? Does FACTA make it too easy to target companies, or is it a valuable protection against identity theft for consumers? Please leave your comments below.

Text To Free Tibet?

Text messaging was the main weapon in the arsenal of the "Free Tibet" and "Save Darfur" activists who attempted to disrupt the San Francisco Olympic Torch Relay last week. While the relay organizers were constantly changing the route of the flame to bypass large crowds and protestors, activists used text messaging to alert each other of the new plans so they could keep up.


One protestor even infiltrated the torch relay. According to the New York Times, an environmental activist named Marjora Carter was set to carry the torch for a portion of the day. Ms. Carter, however, was a mole for the Free Tibet movement; armed with her cell-phone, she had intended to disrupt the ceremony by notifying the protestors of the flame's whereabouts. Her plan was foiled, and the torch relay continued without a major hitch. When the time came for Ms. Carter to bear the flame, she unfurled a Tibetan flag from her pocket, and was immediately escorted from the relay.

Fastcase Launches A Public Forum!

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British Court Issues Blow to "No Torture Guarantee" Policy

A British appeals court ruled last week against the deportation of several suspected terrorists to their home countries, arguing that the men would be vulnerable to torture and unfair trials outside of the UK.

One of the suspects, Abu Qatada, was to be deported to Jordan under the policy of the "no torture guarantee." After the 2005 London tube bombings, Tony Blair enveiled a new program in which terror suspects and those considered "security threats" are to be deported to countries with whom Britain has negotiated "no torture" guarantees. However, because the Jordanian intelligence services routinely torture suspects for information to be used in trial, the British court ruled today that the Jordanian memorandum guaranteeing his legal rights was not credible.

The British Home Office states that it will appeal the decisions.


Article in The Guardian

Fastcase's Knowledge Depository

Fastcase now has a centralized page where you can access all our documents, powerpoints and tutorials that pertain to your specific community. Whether your are a general Fastcase user or if you come in from one of our bar partnerships; you'll be able to locate and find relevant documents on this catch all site. Thats not all, you can join our wiki and post materials that you have created. Share them with the broader community and know that others are benefiting from your intellectual capital.

Fastcase's Knowledge Depository

Lawdable Quotes: William Shakespeare

Lawless are they that make their wills their law.

~ William Shakespeare

Lawdable Quotes: Henry David Thoreau

It is not desirable to cultivate a respect for the law, so much as for the right.

~ Henry David Thoreau

Live Coverage! Law School Rankings Defended by Robert Morse

Starting at 3 PM today, Fastcase will be hosting live coverage of the U.S. News and World Report's head of law school rankings, Robert Morse, and his online discussion with deans and students at the ABA Journal's website. In an effort to make peace with the disgruntled, and to shed light on the meaning behind his rankings, Morse will take questions and feedback from participants.

Click here for access to the online discussion.

LIVE FEED:

3:00 PM: The first question given to Bob Morse asks why he puts such a high value on the rankings of law school deans and professors. Mr. Morse responds that he finds the input of academic experts the most helpful. While he values the input of lawyers and judges, he receives less response to those surveys.

3:05 PM: Brian at the University of San Francisco asks how students and alumni can help their respective schools attain better rankings. Mr. Morse recommends that students and alumni study how the rankings are tallied, and target the more important areas for improvement.

3:10 PM: Participant asks: "Is there a better way to represent employment statistics? A common complain amongst many schools is that the REAL starting salaries aren't anywhere close to the USNWR figures." Mr. Morse responds that salaries are not included in the rankings. Also, because USNWR publishes with a two year delay, the statistics on its website would be more in keeping with the current situation.

3:13 PM: Several participants ask specific questions about why certain schools rise and fall, in this case, Duke down by 2 spots and UC Berkeley up by 2. Mr Morse responds that it is often small and varied factors that lead to a change in the hierarchy.

3:14 PM: Another participant inquires whether there is a need to rank any schools after the top 14. Mr. Morse affirms that there is a need, that marked differences remain between the lower ranked schools as well.

3:22 PM: Sarah asks, "Where does the info on student expenditures and post graduate employment come from? Do you have any way to verify the info if the schools are feeding that info to you?" Mr. Morse responds that the law schools fill out a survey of budget stats for the ABA, and that USNWR also verifies graduation stats with the ABA.

3:25 PM: So far, according to participants surveyed, 33% believe rankings should primarily be based on bar passage, 36% on reputation, 24% on legal field employment, and 6% on diversity.

3:31 PM: One participant asks whether the criteria for reputation is reliable, citing the fact that the statistics for this ranking are from a limited pool. Mr. Morse responds: "Reputation is not limited to 5 choices. Respondents get lists of all 190 plus schools and are asked to rate each one of a 5 point scale. We get 70% response rate among academics (a very rate for any survey). Yes ,we could improve lawyer/judge. But generally speaking the two correlate (near the same score) this arguably means they both are valid. "

3:38 PM: Participant states that USNWR should remove "number of books in the library" from its ranking criteria. Morse agrees that it is an older ranking factor, and that the report should begin taking more into account internet accessibility.

3:42 PM: One participant asks why Morse does not measure employment in the best law firms, using statistics from the firms themselves. Mr. Morse responds: "I agree that employment at top 100 firms is important since they pay very well when law school debts are very high, but it would be a very narrow way of mearsuring quality. Some ( a federal judge) have recentluy suggested % new grads going federal clerkships as a new indicator."

3:46 PM: Morse receives a question asking why lawyers and academics can change their rankings for reputation on a yearly basis, when reputation is factor that is developed over time. Morse agrees that there has been some volatility in the lawyers/judges catagory, and that he plans to studies ways to improve this.

3:52 PM: New Poll: Do you regret going to law school?
58% - Not at all
27% - Somewhat
15% - Absolutely

3:55 PM: Participant asks if schools try to "game the ranks" by admitting a more competitive student body. Morse responds: "Some schools are "gaming the rankings" in the sense they spending money to get in better LSATs and hire more and better more well known profs and with broader repuations and beefing up career offices to help with jobs. That all could help schools go up, but I think students would be helped-not hurt by those steps."

3:57 PM: Mr. Morse, noting the polls of the participants, states that it looks like USNWR is under-weighting bar passage in determining rank.

3:58 PM: Participant asks Robert Morse to comment on criticisms of USNWR made by Brian Leiter, who also conducts his own set of law school rankings. Mr. Morse responds that he has planned a meeting with Mr. Leiter to discuss changes and his suggestions, but maintains that Leiter is "proposing very very significant changes in our ranking methodology, data collection and data used in the rankings."

4:01 PM: Mr. Morse states that he would be willing to meet with law deans to discuss how to improve the rankings.

Thanks for tuning in to today's live blog! We hope the discussion with Robert Morse has given you some insight into his often mysterious, and always constroversial, system of law school ranking.

Notable Legal Minds: Mohandas Gandhi

The Fastcase Law Blog is introducing a new series: Notable Legal Minds in History. Our first installment will be a look at the life, and legal practice, of Mohandas Karamchand Gandhi.

Gandhi left India when he was 18, bound for England to study law at the University College London, where he did well in his studies. He returned to India after passing the bar, and attempted to establish a practice in Bombay (despite the fact that he had studied British law exclusively, and knew nothing of the Hindu or Muslim legal traditions). Gandhi, as he admitted himself, was not a particularly avid or talented lawyer, which some have attributed to an extreme shyness in his younger days. Plagued by failure, Gandhi eventually took a year-long post in South Africa to work for an Indian firm. There, Gandhi became the first non-white person to gain admittance to the South African Bar.

As he became more involved in the struggles for Indian rights in South Africa and India, Gandhi pushed his legal career to the side, shunning his formerly Western habits and the generous lawyer’s salary for his famously ascetic lifestyle.

In light of his non-violent struggle against the unjust laws of the British Empire, which landed him in prison time and again, his limited success as a lawyer is unsurprising. Nevertheless, Gandhi’s position as an Indian lawyer meant he was uniquely equipped to challenge the legal systems that had oppressed his people from the inside-out. Even those trying to undo the law need a complex understanding of its intricacies. Here’s to Mahatma Gandhi, this week’s Notable Legal Mind.

Wikipedia: Mahatma Gandhi

Time: Person of the Year

Free Book of the Month: Henry Sumner Maine's Ancient Law

Each month Fastcase hosts a book (as a PDF document) that has fallen out of copyright for your legal reading delight. This month we bring you Henry Sumner Maine's Ancient Law. Below are some quotes taken from the text:

"Law is stable; the societies we are speaking of are progressive. The greater or less happiness of a people depends on the degree of promptitude with which the gulf is narrowed. "

"It is true that the aristocracies seem to have abused their monopoly of legal knowledge; and at all events their exclusive possession of the law was a formidable impediment to the success of those popular movements which began to be universal in the western world. "

“The ancient codes were doubtless originally suggested by the discovery and diffusion of the art of writing. ”

Read the entire publication below:

Ancient Law (PDF)

This Day in Legal History: April 9th

On April 9th, 1952, President Harry Truman made a momentous decision. In the preceding weeks, steel workers across the country had been threatening to go on strike, despite the desperate need for steel created by the Korean War. President Truman, worried that mill-owners would use the strike as leverage to hike their prices, ordered that the government take over the mills before the strike could wreak havoc.

Many of his contemporaries were opposed to this show of presidential authority. In response, Truman invoked Article II of the Constitution, claiming that as Commander in Chief he had a duty to "avert a war-time emergency." But, the U.S. Supreme Court did not agree.

Truman's steel-mill seizure was ruled unconstitutional in Youngstown Sheet & Tube Co. v. Sawyer (Fastcase users click for case); in a split decision, the Supreme Court ruled that Truman needed legislative authorization to seize private property, and Truman promptly returned the mills to their private owners. It was a landmark decision that many look to today; some contend that the expansion of presidential powers in the fight against terrorism closely mirrors Truman's actions on this day, April 9th, 1952.

Click here to listen to Truman's radio address about the steel crisis.

Class Notes and Copyright

Michael Moulton, a professor at the University of Florida, has filed suit against Einstein's Notes, a company that hires students to record lectures to be sold on its website in class "study kits," resources for truants, nappers, and the average college kid who wants to give his or her GPA a little boost. Professor Moulton and his online e-books publisher argue that Einstein's Notes has violated his copyright by creating materials derivative of his copyrighted lectures without his consent. Moulton's lawyer, James Sullivan, goes a step further, stating to Wired.com that even students taking notes for themselves are committing a violation of copyright, albeit a protected one...

It shouldn't be too long until students are crying "copyright violation" instead of "the dog ate it" as their favorite homework excuse.

Bloggers: Uncle Sam Wants YOU!

A controversial article written for the U.S. Special Forces Command in 2006, which recommends that the military co-opt the blogosphere in a number of ways to improve its public image, has surfaced this week. Both the authors and DoD spokespeople assert that the article was more of "an academic exercise," and it is unclear whether military has acted upon the methods the study advocates.

The study, Blogs and Military Information Strategy, recommends both using active soldiers as PR bloggers and also "clandestinely recruiting or hiring prominent bloggers" to write sympathetic pieces about DoD operations. The report also includes strategies for undermining "enemy" blogs, including hacking to change content and destroy credibility.

The authors do acknowledge the danger inherent in systematically deceiving audiences, citing a public outcry over the U.S. military's practice of ghostwriting pro-American articles to be inserted into Iraqi newspapers.

Quotable Quotes: Publius Syrus

No one should be judge in his own cause.

~ Publius Syrus

Quotable Quotes: William O. Douglas

Since when have we Americans been expected to bow submissively to authority and speak with awe and reverence to those who represent us?

~ William O. Douglas

Webinar Schedule for the State Bar of Arizona!

Fastcase would like to welcome its newest state bar partner, the State Bar of Arizona! Fastcase now offers free caselaw to all members of the State Bar of Arizona. Come learn about your member benefit, how to use Fastcase and some tips for conducting an effective search of our database.

If you have any questions please contact us from 5 A.M. to 5 P.M. at 1-866 -773-2782 or send us an email to support@fastcase.com

Webinar Registration Links:

Fastcase Overview for the State Bar of Arizona
Wednesday, April 9, 2008 12:00 PM - 1:00 PM PDT
Attendee: (641) 715-3222, access code 572-745-276
https://www1.gotomeeting.com/register/506623108

Fastcase Overview for the State Bar of Arizona
Tuesday, April 15, 2008 12:00 PM - 1:00 PM PDT
Attendee: (616) 883-8055, access code 668-805-761
https://www1.gotomeeting.com/register/399927985

Fastcase Overview for the State Bar of Arizona
Tuesday, April 22, 2008 12:00 PM - 1:00 PM PDT
Attendee: (641) 715-3222, access code 419-580-626
https://www1.gotomeeting.com/register/696702883

Fastcase Overview for the State Bar of Arizona
Tuesday, April 29, 2008 12:00 PM - 1:00 PM PDT
Attendee: (616) 883-8055, access code 182-231-590
https://www1.gotomeeting.com/register/820282063

Fastcase Overview for the State Bar of Arizona
Tuesday, May 6, 2008 12:00 PM - 1:00 PM PDT
Attendee: (616) 883-8055, access code 571-602-365
https://www1.gotomeeting.com/register/116764794

Fastcase Overview for the State Bar of Arizona
Tuesday, May 13, 2008 12:00 PM - 1:00 PM PDT
Attendee: (616) 883-8055, access code 580-446-113
https://www1.gotomeeting.com/register/387788100

The University of San Francisco Starts Filesharing Legal Aid Clinic

Law professor Robert Talbot at USF has created a program that helps law students gain experience in real court cases by assisting individuals who've received notices from the RIAA that they are suspected of downloading/sharing music illegally. The Internet and Intellectual Property Justice Project will give legal counsel to people who have received pre-litigation settlement letters, without incurring legal fees in excess of the RIAA's settlement offer.

A Bill of Rights .... For Scientists?

Scientific American is hosting a podcast discussion on the merits of having legislation to protect federal scientists. Listen to Francesca Grifo who is the Senior Scientist and Director of the Scientific Integrity Program at the Union of Concerned Scientists speak on the issue here.

Can You Hear Me Now? - UK To Allow Cell Phones on Planes

OfCom, a British regulatory body, has declared legal the use of "mobiles" on UK registered planes flying over Europe. It would be up to the airlines, however, to purchase and implement the technology necessary for providing cell-phone service in-flight.

However, there may be a delay in bringing cell-phones to the skies. According to the BBC,

"The European Aviation Safety Agency needs to approve any hardware that would be installed in aircraft to ensure that it did not interfere with other flight systems."

Some experts believe that cell-phone signals interefere with the navigation tools in aircraft, sometimes changing bearings by 5 degrees.

The Fastcase Blog Is Sponsored Today By The Offices of Bob Loblaw

Like many things that are informative and free on the Web, the Fastcase Legal Research Blog is advertising supported. The Law Blog is sponsored by the Law Offices of Bob Loblaw.

Although many firms make promotional videos, Bob Loblaw has set a new standard for honesty, ethics, and vigorous defense. And we're not just saying that because he sponsors the FLB. Bob Loblaw: Why should you go to jail for a crime someone else noticed?

Disclaimer: The statements made herein are the opinions of our sponsor, and not necessarily those of the Fastcase Law Blog, even though we gratefully accept his sponsorship -- without asking where the money was wired from or what he did to get it.