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Self-Dealing

Self-dealing refers to circumstances where a fiduciary - - a person in a position of trust - - acts in their own interest instead of acting in the interests of those to whom they owe the fiduciary duty. For example, if a manager of an LLC runs the LLC in a way that...

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Enumerated

Enumerated means listed or expressly stated. When we refer to federal powers enumerated in the Constitution, we mean powers expressly stated in the Constitution. For example, Article I Section 8 of the Constitution provides enumerated powers of Congress, including the...

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Don’t Hide your Analysis

If you think it, write it ... or if it's in your head it should be on paper (or typed on the screen).   One useful tip for law school exams and the bar exam is to show your analysis in your essays. Almost everyone has heard this advice but not everyone follows...

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No Retroactive Application of Ramos v. Louisiana on Federal Review

  Two recent Supreme Court decisions provide an excellent example of how case law develops in the United States and when decisions have retroactive application. We'll first the 2020 decision in Ramos v. Louisiana, and then summarize the Supreme Court's 2021...

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Persuading Students to Respect Paraphrasing

 I Failed to Persuade a Student to Respect Paraphrasing, but Another Lawyer Succeeded... Or... The ACLU Demonstrated the Value of  Paraphrasing...Or....That Brief Convinced the Student he Should Practice Paraphrasing...Or...A recent case, in which a student cursed her...

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