Blogs

Gambling with Bankruptcy Exemptions

In bankruptcy cases, individual debtors have the privilege of retaining certain amounts or types of property that otherwise would be subject to LIQUIDATION or SEIZURE by creditors in order to satisfy debts. Laws protecting these forms of property are called exemptions. Consistent with the goal of allowing the debtor a ''fresh start,'' exemptions in bankruptcy cases help ensure that the debtor, upon emerging from bankruptcy, is not destitute.

No-Fault Automobile Insurance

Ever since the invention of automobiles, there have been automobile accidents. And with those accidents have come legal disputes about who was most at fault in causing them--and who should be forced to pay damages. The U.S. legal and political systems have struggled to determine the best way to handle the large number of legal disputes related to automobile accidents. Although the states vary in their procedures, two basic approaches have evolved.

What to Do If You Are in an Auto Accident

Sooner or later, you are likely to have an accident. Fortunately, it will probably be a minor collision that damages only the vehicles involved. However, whether you are in a minor or major accident, behaving coolly, calmly, and properly after it occurs could save you a lot of money and trouble.       
Some suggestions on what to do if you are in an auto accident:
1. If possible, move your car to the side of the road or out of the way of traffic.
2. Turn on your car flashers or set up flares to warn other motorists of the accident.

Automobile Searches: Is the Fourth Amendment in Jeopardy?

The right to move about freely without fear of governmental interference is one of the cornerstones of democracy in America. Likewise, freedom from governmental intrusions into personal privacy is a cherished U.S. right. Automobiles have come to symbolize these rights in the United States, but freedom and autonomy often conflict with law enforcement's interest in preserving domestic order.        

What makes a great lawyer?

In the course of a conversation last weekend someone asked me about who I thought were the best competition lawyers in Brussels. Not that I’m going to share my thoughts on that here because it wouldn’t be elegant to use the blog for self-publicity  - it would be unfair as, aside from the subjectivity inherent to the reply, I’ve only been exposed to the work of a limited number of people.

How Much Affirmative Action Is Enough Affirmative Action?

In the combustive debate over affirmative action, fairness is the hottest issue of all. Most people agree that employers should hire and promote people fairly. Does affirmative action make this happen? Americans disagree sharply: A July 1995 Associated Press poll found that 39 percent think it does, but 48 percent said giving preference to women and minorities produces even greater unfairness. These numbers barely scratch the surface of the antagonisms in a debate now more than 30 years old.

The Adversary System: Who Wins? Who Loses?

The legal system in the United States is known as an adversary system. In this system, the parties to a controversy develop and present their arguments, gather and submit evidence, call and question WITNESSES, and, within the confines of certain rules, control the process. The fact finder, usually a judge or jury, remains neutral and passive throughout the proceeding.